threats from PublishAmerica

shaldna · Jul 31, 2010

Here you go folks, the sweet and charming peoples at PA sent this to my cousin today in response to her request for her rights to be returned

Dear xxxxxx:

"If you return my rights promptly and without hassle then I will consider not suing you for damages and distress."

How about this instead: your contract remains in place and in full force, and we're looking forward to seeing you in court.

Be sure to ask your buddy David Kuzminski how he liked that experience, facing PublishAmerica's lawyer in court. Just like you, he made a big hoopla on the internet. He was served a summons to attend trial and testify, and a judgement was entered by a jury. What he said was found to be simply, plainly, false and malicious, and the jury rejected his testimony. He was ordered to pay $53,000 in damages, and his paychecks are being garnished as we speak. Also, with this type of judgement, seizing personal property is a common occurrence.

Enjoy Belfast while you still can.

does that sound threatening to you? cause she's thinking of suing, and given that she live in Belfast, she'd do it under the terrorism act, terror being legally defined as 'inciting fear through threatening behaviour'

Guardian · Jul 31, 2010

Geezum hell. I don't even know what to think. ~~Is this how PA really gets rich?~~

Edit to rephrase: Is this how PA gets really rich?

Parametric · Jul 31, 2010

shaldna said:
cause she's thinking of suing, and given that she live in Belfast, she'd do it under the terrorism act, terror being legally defined as 'inciting fear through threatening behaviour'

Is that possible? I thought there was a clause in PublishAmerica contracts saying that you can only take them to court in Maryland.

thothguard51 · Jul 31, 2010

I thought PA writers had no choice but to go to arbitration according to their contracts...

Margarita Skies · Jul 31, 2010

PA is much eviler (Is that the word?) or more evil than I thought!

M.R.J. Le Blanc · Jul 31, 2010

Liar liar pants on fire PA!

*standard I Am Not A Lawyer disclaimer!* As I recall, Dave hasn't lost any lawsuit, either to PA or anyone else. Someone should ask Miranda and Larry how the sound of a defamation lawsuit sounds to them. I honestly think they're bluffing, and that letter would not look good in a courtroom. Plus I think if there's even a chance of their shoddy records coming to light, they'd try and avoid it. I think if you want to go for something relating to the contract, it has to be arbitration. But if you want to sue them for threatening you, I don't think that falls under their arbitration clause. I'm just guessing though, it would depend on how the clause in the contract is worded. Personally I'd love to see that go to court. I'm sure that's Miranda's handiwork

shaldna · Jul 31, 2010

well, apparently PA don't take on authors outside of the states either.

I;m just shocked that anyone would write such an email in any sort of professional capacity.

and in ref to PA's contracts, that might well be the case regarding the contracts, but I don't know how that transfers regarding threats made by PA to it's authors.

Needless to say she was a little shaken up, but now she's just laughing about it.

shaldna · Jul 31, 2010

Plus, it's terribly unprofessional to acutally name someone else and discuss them in an email.

Christine N. · Jul 31, 2010

The lawsuit wasn't between Dave and PA, but between Dave and Vic Cretella, personally. It had nothing to do with PA, IIRC. Someone correct me if I'm misremembering.

Doesn't even matter who won or lost, PA had no part of that suit and has no business using it to threaten other people.

shaldna · Jul 31, 2010

it's the threatening part that's worrying me personally. it has nothing to do with contracts or publishing or anything else.

scully931 · Jul 31, 2010

I can't believe I can still be surprised by PA. :Shrug:

leahzero · Jul 31, 2010

Please tell me one of you out there who got suckered by PA is writing a book about it. Every time I read another story about them, I get plot ideas.

shaldna · Jul 31, 2010

I got my cousin to forward the email, including her own initial letter, to Dave at Pred and Ed. He at least deserves to know what's being said about him,

Personally, I hope he sues them

thothguard51 · Jul 31, 2010

If I ever wrote an email like that to one of my company's customers, even if the customer was threatening a lawsuit, the company would fire me.

This is not professional in any manner and the referenced lawsuit has nothing to do with PA and was a private suit between Vic and DK.

In my humble opinion, this is the problem with that lawsuit; DK blasted the lawyer instead of PA for the actions of their lawyer. If you read over the lawsuit, you will see PA is only mentioned as Vic's client turned employer. The attack, (right or wrong), is on Vic instead of PA. Yet AW is mentioned dozns of times as the site where a lot of the comments took place that DK made.

The above email has to be from someone other than Vic and I don't see Miranda penning this email, as she has gotten too much heat in the past for such antics. I could be wrong though...

Little1 · Jul 31, 2010

wow is there any line this company will not cross? they send fake cops to terrorize someone. Then this? It makes me sick.

merrihiatt · Jul 31, 2010

Leah Raeder said:
Please tell me one of you out there who got suckered by PA is writing a book about it. Every time I read another story about them, I get plot ideas.

I have. Although the business in question is not a publishing company and on the surface no one would know it was based on PA, as it could be any agency who tried to mislead their clients. It felt good to write and see them get their comeuppance at the end!

thothguard51 · Jul 31, 2010

Merrihiatt,

I like the fact in your signature tag you note, Provided at PA's discretion, which most newbs do not understand because the website promises so much...

circlexranch · Jul 31, 2010

Okay, I am a lawyer. This letter is shameful and beyond disgusting.

I'm not going to get into the meat of Cretella v. Kuzminski, but, no, that's not why things ended up the way they did. Plus, since PA was not a party to that lawsuit, they have no business discussing the terms (whether they have them correct or not) of the judgment/settlement that are not in the public record. That is an invasion of Mr. Kuzminski's privacy.

Mr. Kuzminski has chosen to not discuss this issue in public and has a right to keep his private business private. PA is calling Mr. Kuzminski a liar, using his name to intimidate others, and saying degrading things about him and making insinuations that are not in the public record. PA has evidently forgotten that Virginia is a per se state.

Out of my deep and abiding personal and professional respect for Mr. Kuzminski, I am not going to say anything more about this matter.

circlexranch · Jul 31, 2010

Parametric said:
Is that possible? I thought there was a clause in PublishAmerica contracts saying that you can only take them to court in Maryland.

You can only litigate the contract in Maryland. This would be a suit for terrorism and infliction of emotional distress. I don't know the jurisdictional rules in Ireland. If she was in the US and a UK company sent this letter, I think there is enough to haul them into a US court.

CatSlave · Jul 31, 2010

thothguard51 said:
If I ever wrote an email like that to one of my company's customers, even if the customer was threatening a lawsuit, the company would fire me.

This is not professional in any manner and the referenced lawsuit has nothing to do with PA and was a private suit between Vic and DK.

In my humble opinion, this is the problem with that lawsuit; DK blasted the lawyer instead of PA for the actions of their lawyer. If you read over the lawsuit, you will see PA is only mentioned as Vic's client turned employer. The attack, (right or wrong), is on Vic instead of PA. Yet AW is mentioned dozns of times as the site where a lot of the comments took place that DK made.

The above email has to be from someone other than Vic and I don't see Miranda penning this email, as she has gotten too much heat in the past for such antics. I could be wrong though...

That sounds like a Larry Clopper letter.
Miranda may be a biatch, but Larry has her beat by a mile.
Plus he has a genuine nasty streak and a memory like an elephant.

You going to sue everyone who disses you, Larry?

CatSlave · Jul 31, 2010

Little1 said:
wow is there any line this company will not cross? they send fake cops to terrorize someone.

Apparently not.

thothguard51 · Jul 31, 2010

Interesting Link Cat...

She sure doesn't list any of that on her MYSPACE page...

Thank you...

CatSlave · Jul 31, 2010

It's been around for ages.
Funny folks at PA headquarters.

Lest Willem feels neglected: Adventures of Hellocopter

I should mention that this is old news, as the helicopter itself went down in a bad storm last year, killing all the passengers.
Up until that time, Willem's antics with his supposed "charitable" venture were frequently discussed here.
The Hellocopter.org site is no longer available.

From the Frederick News-Post yesterday: Helicopter crash ruled accidental

kaitiepaige17 · Jul 31, 2010

shaldna · Aug 1, 2010

they'll get what's coming to them. I wouldn't worry about that.

threats from PublishAmerica

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