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Dani

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As I said in the follow up blog post to the big one yesterday, most of the authors just want their rights back. To be honest, the majority of the trapped authors either had small by steady royalties OR were the authors I contracted after the senior staff took over to fill gaps in the release schedule and to launch the speculative fiction imprint. That last set of authors isn't owed a PENNY by AMP so it makes absolutely no sense to me why the owner isn't releasing them at least. She hasn't released a book since the week after we resigned from AMP.

So for those authors, small claims court would do no good.

Interestingly enough, the authors who were making big or good royalties at AMP were usually the ones that she paid on time and sent a royalty statement to. That was something we noticed in her habits; she kept the big names happy and let the less known ones slide.

The authors and books that are trapped at AMP are, to my way of thinking, a far worse situation than the royalties owed until the last three months. Once we left, and the owner didn't pay the third party quarterly royalties in addition to the AMP website royalties and the monthly-paid Amazon royalties is when the financial duress really kicked in company-wide.

But those royalty breaches are on the 90 day countdown. The authors with problems with royalties BEFORE then have been victimized by the owner's deliberate lack of knowledge of her own contract. It's like she thinks if she ignores them, everything is just going to go away.

And then if the money is really gone, spent for personal expenses, and she declares bankruptcy for herself and the business, then those authors are really screwed. Not only will their royalties then be tied up with the bankruptcy trust, but their book rights will be too.

This is why I think filing in small claims is the best way to go. If the judgement is in their favor, even if they don't get a copper penny from it, they have the paperwork proving contract nullification and don't need to wait for the release.

That's, again, speculation on my part, but wouldn't a judgement in the plaintiff's favor show a breach of contract and be proof enough for other publishers?

Also, I don't think that she personally will have an easy time declaring bankruptcy. I know that her business might, but weren't there recent laws to make filing bankruptcy more difficult? It might have been a state thing - in which case it would have been Colorado I'm remembering - since I'm from there.
 

Soccer Mom

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Um, y'all did see my links a few posts back, right?
I know this thread is moving quickly but read them. In Colorado you can sue in small claims to nullify a contract for non-performance.
 

mscelina

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This is why I think filing in small claims is the best way to go. If the judgement is in their favor, even if they don't get a copper penny from it, they have the paperwork proving contract nullification and don't need to wait for the release.

That's, again, speculation on my part, but wouldn't a judgement in the plaintiff's favor show a breach of contract and be proof enough for other publishers?

Also, I don't think that she personally will have an easy time declaring bankruptcy. I know that her business might, but weren't there recent laws to make filing bankruptcy more difficult? It might have been a state thing - in which case it would have been Colorado I'm remembering - since I'm from there.

My brutally cold-blooded thought on bankruptcy is that the owner won't file for it because she's not energetic enough to bother with all those forms.

It could be that in her mind she's *borrowed* the money, in the hopes to pay it back out of future royalties. But, with the authors having conducted an extremely successful campaign to have their breached contract books removed from third party sites--which resulted in some third party sites dropping AMP entirely--and other authors spearheading the boycott of buying from the AMP site, her payments are going to plummet to a trickle.

I think the key to this whole mess might be in forcing the owner to recognize what potential criminal and civil consequences could fall upon her disbelieving head if she doesn't do the right thing very, very soon.
 

gianni pezzano

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Hi Dani,

I can understand what you're saying, however, what about those like me who are NOT owed money? We cannot claim anything, therefore the court would not have jurisdiction.

In my case, when I sent my letter asking for termination I even offered to pay for the artwork of the cover(as per the contract...). I NEVER GOT A REPLY...

I'm on the countdown. Short of taking her to court for breach of contract, which could take ages and cost even more, I cannot do anything else...

I'm counting down and then acting at the end of the 90 days if no answer arrives...
 

gianni pezzano

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Hi Soccer Mom, yes I saw it, but I'm in Italy, at least one author is in England, one in Andorra and others overseas. What else can We do except use the contract? I don't think the court would act if we were not present for the hearing...
 

Dani

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Um, y'all did see my links a few posts back, right?
I know this thread is moving quickly but read them. In Colorado you can sue in small claims to nullify a contract for non-performance.

*points gianni to this post*

@mscelina I agree that she needs to know consequences. I think that's why I keep encouraging legal action. The cost for small claims is $55. If it's not feasible money-wise to appear in colorado court, I encourage the authors to see if there is any laws (I believe a member of AW mentioned that some were violated) in order file a criminal complaint with the local police department.

Perhaps she'll 'wake up' when an officer arrives at her door?
 

mscelina

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At least 25% of AMP's authors are international writers. Their resources are a bit more limited. That's why when the senior staff offered to forgive our back unpaid salaries and my future earnings as an editor in exchange for as many book/author contracts as we could get, we had a lot of international authors on our list and quite a few unpublished authors as well.
 

gianni pezzano

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Hi Dani, I don't think you saw that I'm NOT in the US. Celina stated in her blogs that some auhtors are considering their legal options and nothing has been set aside.

Unfortunately for us overseas our possibilities are limited. As I said for a claimwe have to be in court and the costs begin to be prohibitive. I would probably do it eventually, but not all can afford it.

And what would happen if there were a delay in the case for health etc, when we went for the case? That could easily be a tactic used against us...

A few of us authors are in contact and I believe in the end group action will be the most effective if we're forced to that rather than individually...
 

Dani

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I don't get why everyone is just glossing over my second option and it's maybe the fourth time I've mentioned it. Since people are more concerned with getting their rights back and not the money, let her hold the money ransom and instead file a police report.

Did anyone contact the law enforcement person who said to PM her earlier in the thread? she seemed to know what she was talking about in terms of illegal activity. Since threats of legal action mean nothing to Miss Hicks, it might be time to get law enforcement involved.

The reason I mention this is because back when I had my problems (was losing my business because I refused to return calls, pay bills etc) legal action meant nothing to me. It was papers in the mail and a far off threat. It took a sherrif's deputy at my door to snap me out of things. Literally.
 

gianni pezzano

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Dani, for the moment I don't want to say too much(I may soon...), but that has been one of the options since the beginning.
 

mscelina

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Dani, no one is glossing over your suggestion. The fact of the matter is that potential legal action on the part of a group should probably NOT be discussed in a public forum BEFORE said action is filed.

The AMP authors group have an organized core who are planning their moves together in a private online space. Whatever options they are discussing should be kept private.
 

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It seems to me that the steps authors have to take to reclaim their rights and royalties are relatively simple (!). First, there's this:

The contract requires the author to send a certified letter notifying AMP of the breach. AMP then has 90 days to cure the breach. If AMP fails to cure the breach, the contract terminates.

So send that certified letter, let those 90 days tick by, and then move onto the next step.

Even if you're not owed any money by AMP, you (naturally) want your rights reverted to you:

Actually, small claims can also be for the return of property, which is what these authors are seeking. You can also sue in small claims to perform a contract, set one aside, or comply with restrictive covenenats.

And this:

Um, y'all did see my links a few posts back, right?
I know this thread is moving quickly but read them. In Colorado you can sue in small claims to nullify a contract for non-performance.

Finally, it doesn't seem to matter whether you live in America or not because the contract seems to say that no matter where you live, you have to use the Colorado legal system:

Per the terms of AMP's contract, all lawsuits must be filed in Colorado, the state where AMP operates. Here is a link to the Colorado Bar's Self-Help page for small claims. Here is a how-to file small claims booklet put out by the Denver Bar to assist folks in filing.

I am most certainly not a lawyer but it seems to me that there is a series of very clear steps for you to follow.

Do I have this right, or have I missed something significant?
 

Al Stevens

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The long and short is that authors have a lot of proof of contractual malfeasance, so why not see if it can be argued out in Small Claims.
The state limits on amounts notwithstanding, if the author prevailed, what would the judgement be? Can a small claims court declare a contract to be nullified when there is no money involved?

ETA: Rhetorical. Unless there is a lawyer in the house.
 
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The state limits on amounts notwithstanding, if the author prevailed, what would the judgement be? Can a small claims court declare a contract to be nullified?
Yes, of course. What you're doing is appealing to Small Claims that she breached the contract, and you're requesting a judgement based on your proof.
 

Al Stevens

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From Colorado's Small Claims Handbook:

If you won, it’s your job to collect the judgment. The court can’t do it for you...

You may want to get the advice of a lawyer about these judgment collection matters before you begin any collection efforts. And remember, you have at least six years to collect your judgment.​

I'm not sure Small Claims Court is the solution. I like the one about calling the cops.
 

Soccer Mom

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Al, collecting a judgment refers to money. With a judgment from small claims nullifying the contract an author could then present that with a DMCA notice to vendors and have their books removed. Again, this is something you have to do yourself. What they are saying is that a judgment authorizes you to have or do something, but the court won't go get it or do it for you.
 

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Please, everyone who is wondering how to use the legal system to sort out the problems they're having with AMP:

READ MY SUMMARY POST at #264.

PAY ATTENTION TO SOCCER MOM, who knows what she's talking about.

The answers are out there, and aren't quite as hard to find as you seem to think.
 

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Honestly folks, the authors are working through their (our) options. It is not as simple as it might seem and it is not being discussed publicly.
 

Al Stevens

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Honestly folks, the authors are working through their (our) options. It is not as simple as it might seem and it is not being discussed publicly.
That's understood. But in the absence of a public airing should the rest of us not discuss it? Is there nothing here for us to learn?
 
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Bubastes

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That's understood. But in the absence of a public airing should the rest of us not discuss it? Is there nothing here for us to learn?

I won't discuss what I plan to do after the 90-day period is over because I don't want to tip my hand. I'm sure AMP reads this thread too.
 

ChasW

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Hello everone. I'm Chas Wells.. also a previous AMP writer. My story is long, painful, and hard to explain in a few words. I'm here with my fellow writers (AMP in particular) in support of getting this story out to the unwary. I'll watch quietly until I can catch up on things here. Thanks..
 

veinglory

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That's understood. But in the absence of a public airing should the rest of us not discuss it? Is there nothing here for us to learn?

Sure, but badgering authors directly about what they should be doing is unproductive when you aren't part of the dispute and they are prevented from explaining the full circumstances.
 
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Williebee

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IMHO At this stage, iow smack dab in the middle of the event, there is more to be learned from patience and observation.

And more to be gained by supporting the idea of the most positive and efficient outcome possible.