PublishAmerica Chasing Me

czahar · Mar 26, 2007

Ok, first of all, I admit that this was pure stupidity on my part. I was a new author, and I was so excited that someone was actually willing to publish my work that I didn't bother taking any precautions.

Anyway, please bear with this rather long winded anecdote and give me your advice. Back in January of 2006 PublishAmerica accepted my book for publication (surprise surprise). Being so elated with the possibility that I might be the next Hemingway or Baudelaire, I signed the contract and sent it in.

Over the next week, however, I began to do some research on this scam company and realized my mistake. Not wanting to get caught up with this company anymore than I already was, I never sent my finalized manuscript in for them to put into book form. Having already given them a phone number that I had since canceled, it was simply a matter of filtering out all of their emails to get them out of my hair permanently - or at least I had thought.

Just today, however, my mother received a letter from them (they sent it to my old address) threatening me with "breach of contract" over not having received my manuscript yet.

Anyway, here are my question. From what is known about PublishAmerica and contract law in the United States, can they, and/or will they do anything about this besides continue to harass me? Can they take me to court and, if so, what types of punishments could I be prosecuted for if found guilty?

I am particularly looking for the advice of people who have had direct contact with this scam corporation.

Thank you in advance to all who respond to this.

Popeyesays · Mar 26, 2007

Send them back their dollar~in a check so you have the receipt in hand.

After that they should not have a leg to stand on.

Regards,
Scott

Ol' Fashioned Girl · Mar 26, 2007

Damn. How desperate can they get, tracking down people who don't want to have anything to do with them? Aren't they still getting 'thousands and thousands' more 'happy authors' every day?

zizban · Mar 26, 2007

You could also just send in a joke MS, ala Atlanta Nights, and refuse to buy any copies of it.

Arkie · Mar 26, 2007

CZAHAR: For whatever reason, PA issued only 59 new titles last week. I don't believe they can survive on that small number, or wouldn't want to. I can understand why they are chasing down all leads.

Type a letter, business block format and tell them that you decline to continue the publishing process. (Don't give a reason and keep it professional and short). Return any money received and mention that in the body of the letter.

Place your signature block on the left margin four spaces under last paragraph. Two spaces below on the left margin type Atch (see below)

Skip one space under Atch and type in Cpy To: (see below)

It should look like this:

CZHAR

Atch: Check #1111, $1.00.
Ltr, Publish America, dated (date)

Cpy to: Editor, Publishers Weekly, (address)

Make three copies. Notrize and date all three. Send original to PA, copy to Editor, of Publishers Weekly (Check Google for Address) and keep one copy for your files. Note: You can find a Notary Republic at your local bank or insurance office.

Gillhoughly · Mar 26, 2007

Or you can do what one of their ~~zombies~~--uh--~~fanatic supporters~~--uh--writers did (twice!) and fake your own death.

http://www.absolutewrite.com/forums/showthread.php?t=9607

KIDDING!!!!

MMcC · Mar 26, 2007

I faked my own death when I changed pen names:

http://christineolinger.blogspot.com/2006/07/cassidy-careswell-rip-1965-2006.html

I sent her off well, though. LOL

brianm · Mar 26, 2007

czahar,

Send an email to PA advising you wish to cancel the contract, and that you will not be sending them the final draft of the ms. Advise them you are returning their $1.00 advance via snail mail. Print out your email, and send that by snail mail, together with a check for $1.00. There is no reason to have your signature acknowledged before a notary public.

You have a contractual obligation to PA until they cancel your contract.

Wait one week, and then follow up with another email. Keep doing this until they release your contract. Save all responses from PA. Be persistent. Be polite. Eventually, they will release the contract.

Arkie said:
Note: You can find a Notary Republic at your local bank or insurance office.

Notary public, Arkie, not a notary republic.

Arkie · Mar 26, 2007

brianm said:
czahar,

Notary public, Arkie, not a notary republic.

OF COURSE. MENTAL SLIP. THANKS FOR THE CORRECTION.

Rolling Thunder · Mar 26, 2007

I believe the PA contract requires third party arbitration. Correct me if I'm wrong.

But, given that they send their authors a $1.00 advance and they decided to go to court, imagine what a judge will say if they ask for more than $1.00 in damages.

One of these days, this is gonna bite PA on the ass.

James D. Macdonald · Mar 26, 2007

PublishAmerica isn't going to sue anyone. They may huff and puff, but a courtroom is the last place they want to be.

Gillhoughly · Mar 27, 2007

zizban said:
You could also just send in a joke MS, ala Atlanta Nights, and refuse to buy any copies of it.

Ooooooooo! I LIKE that one!

You're out the copy & mailing costs, but I'd love to see their reaction at getting 300 pages of "All work and no play makes Jack a dull boy."

You can frame their contract for your office as a trophy.

Use a pen name.

BWAH!

Tsu Dho Nimh · Mar 27, 2007

Send them A manuscript. But send them utter crap ... maybe your first three attempts at writing a novel when you were 16, with all the chapter ones together, twos together.

It's experimental fiction.

OR:
Scavenge the porn newsgroups for about 300 pages worth of craptastic porn and send that in. They will rescind the offer,

PattiTheWicked · Mar 27, 2007

Find a group of seven year olds. Ask them each to write a story in crayon, complete with illustrations. Bundle those together and send 'em off.

Saundra Julian · Mar 27, 2007

Please send the 1.00 advance back in pennies!

TracySutterer & GaryRogers · Mar 27, 2007

I Maybe Way Out Of Line Here

I have been chomping at the bit as to what advice I could render in this situation. This is truly a tough one to sort out. “Breach Of Contract” is a serious deal. A person would have to contact a expert in Contract Law - I believe the word they use in law school is “Torts”.

You could send the contract back with a real dollar bill, by Certified Mail - and state in a letter that you discovered that your submission was filled with grammatical errors, inconsistencies, and libelist remarks that would cause legal actions by others. You can also state in your letter that you are trying to protect yourself and PublishAmerica from costly legal complications if the book is printed. If the above is true, then you may have a qualified point for argument. I can’t stress this enough, get the advice of a expert in Contract Law. I would also suggest that you apologize profusely and ask politely that your contract be voided.

Make copies of everything that you send, even the dollar bill. Make the effort and see if it pays off. I fully understand that the PublishAmerica Police monitor this forum. So, I ask, on behalf of this author - to please void her contract and let the matter rest. After all, right now - there are plenty of other submissions to review. One of them could easily replace this author’s submission.

Gary Rogers

PVish · Mar 27, 2007

Since PA's contract says they don't want anything that's been published on the Internet, you could copy some pages of PA's website and send those in.

I was going to suggest you send in copies of all the Nigerian email scams you get, but PA will offer a contract for those. At least they offered a contract to my elderly dog when he, uh, copied and pasted those into a manuscript.

I don't think PA cares what you send in as long as they can sell it back to you.

Other suggestions: A note from your mother saying that you are only 12 and didn't get permission to send in the manuscript. Notes from all your friends and relatives saying that you have libeled them in your book and threatening legal action.

DaveKuzminski · Mar 27, 2007

Change the names of all the main characters to Willem, Larry, Vic, and Miranda. It's even better if they can be villains.

Insist on those names when you send in the proofs.

xhouseboy · Mar 28, 2007

czahar said:
Can they take me to court and, if so, what types of punishments could I be prosecuted for if found guilty?

Click to expand...

What would they do in court? Claim the ethical high ground? UJ's 100% correct. This mob do not, under any circumstances, wish to see to see the inside of a courtroom, and neither does their legal representative, the infamous Victor Cruella. He probably wakes up in a cold sweat at the thought of the last time PA dragged him screaming and kicking into a courtroom where he then based part of their defence on an interpretation or witchcraft or devil-worshipping, or whatever the hell it was that was going through his mind at the time.

Just tell them that you aren't happy with the editing, and that you don't want your book looking like a dog's dinner. You intend to edit the work in a professional manner, and due to other commitments this is going to take you the best part of the next forty years. When it's ready, you'll resubmit the work.

James D. Macdonald · Mar 28, 2007

Tsu Dho Nimh said:
Scavenge the porn newsgroups for about 300 pages worth of craptastic porn and send that in. They will rescind the offer.

Are you 100% sure? Bet you the buck advance that they'll print it.

spike · Mar 28, 2007

Of course, if you send them a junk mss, it will cost them $300 (CMIIW), and just don't buy any books.

Joke is on PA.

ccomer · Mar 28, 2007

I got my rights back this week. Does this mean I have to send my$1 back?
I spent it on a stamp.

Ken Schneider · Mar 28, 2007

Lucky you. The first of us to scam them out of something.

I find it quite funny that they are crying about losing a dollar.

How's it feel to get the other end of the stick, PA. You only lost a buck, the rest of us lost plenty at your hands.

Tell your mom to throw the letter away, and forget about it.

DaveKuzminski · Mar 28, 2007

Advances typically are not returned to publishers. Those represent the number of sales the publisher expects to make. When a book fails to earn out, the publisher eats the loss, not the author. In this case, the publisher has returned the rights of their own volition. You still get to keep the dollar.

For PA, it's a very inexpensive lesson that they'll have to repeat until they learn better and get it right.

Sassenach · Mar 28, 2007

It appears that they're returning rights without a fight these days.

PublishAmerica Chasing Me

czahar

Now departed. Rest in peace, Scott, from all of us

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