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SOT Monthly Spotlight Feature - Jarrod Clabaugh/OH
8/30/2005 1:19:09 PM (1899 views)

[+] Abstracting Software - Regina Engebritson Engebritson/MN (5 replies)
8/30/2005 1:24:11 AM (2530 views)

[+] looking for Abstract textbook reviewers - Jeanne Johnson/MN (2 replies)
8/29/2005 11:22:34 AM (2477 views)

[-] UNITED DOCUMENT SERVICES INC - Ted Lannon/MA (9 replies)
8/29/2005 11:21:08 AM (3718 views)
Re: UNITED DOCUMENT SERVICES INC - Kevin Ahern/CT
8/29/2005 12:17:28 PM (3086 views)
Re: UNITED DOCUMENT SERVICES INC - Anne Gilbert/VT
9/1/2005 9:52:29 PM (3060 views)
Re: UNITED DOCUMENT SERVICES INC - Scott Perry/PA
9/2/2005 7:26:56 AM (3035 views)
Re: UNITED DOCUMENT SERVICES INC ***UPDATE*** - Scott Perry/PA
9/2/2005 7:38:23 AM (3106 views)
Re: UNITED DOCUMENT SERVICES INC ***UPDATE*** - Kevin Ahern/CT
9/2/2005 8:44:54 AM (3034 views)

You probably should not publish any information of a derogatory nature. Instead,  I would go directly to the company that is creating a problem to work out payment, and if that did not work put them into suit. This business of waiting month after month for payment does not work. It has been my experience that you quickly get their attention when the marshal walks into their office to serve them with a summons.

You may need to get an attorney involved in it. You may need to sue them in another state if your state's long arm statute requires, but there are causes of action other than contract breach that may allow you to recover attorney's fees as part of your damages. Here in Connecticut the facts of the case may allow a suit under the Unfair Trade Practices Statute. This statute allows for recovery of compensatory damages, attorney's fees and best of all punitive damages on top of it. If the U S mail or interstate wire services (telephone, fax or email) were routinely used to perpetrate wrongful non payment, it may even give rise to a civil suit under RICO.

In Connecticut the allegations contained in your court complaint and in your testimony are protected by a qualified privilege. This privilege is founded upon common law principals, and is true in most states. The purpose of the privilege is based on a public policy favoring robust debate of the issues at trial. You should check to see if the same privilege applies in Pennsylvania.

The reason that this privilege is qualified rather than absolute is because it can be abused and lost by over publication. We had a case here in Connecticut involving a divorce in which the contents of the complaint were rather lurid. The Plaintiff wrote a letter to the media summarizing the contents of its allegations. The allegations were later found to be false, and the Plaintiff was successfully sued for libel. The Plaintiff tried to plead qualified privilege as a defense to the libel action, but the court ruled that the overpublication of the allegations to the media were not covered by the privilege. The privilege relates strictly to court proceedings.

There are other qualified privileges also...such as that which protects credit ratings services for reporting incorrect data...or the information given by a former employer to a prospective employer about someone applying for a job. The point is that these qualified privileges can be lost if the publication of information exceeds the scope of the purpose for which the privilege is intended. Absolute privileges are another matter.

In so far as publication of the telephone numbers is concerned, I think that only the numbers which the problematic company has indicated are business numbers should be published. If the numbers of which you speak are not of a public character, you should not give them out.

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Re: UNITED DOCUMENT SERVICES INC ***UPDATE*** - Scott Perry/PA
9/6/2005 9:04:11 PM (2971 views)
Re: UNITED DOCUMENT SERVICES INC ***UPDATE*** - Ted Lannon/MA
9/6/2005 4:41:37 PM (3122 views)
Re: UNITED DOCUMENT SERVICES INC ***UPDATE*** - Gail Frey/CT
9/19/2005 11:14:06 PM (2871 views)
Re: UNITED DOCUMENT SERVICES INC - Cherie Smurthwaite/CA
10/29/2005 6:23:59 PM (2835 views)

[+] Source of Title's new look... - Robert Franco/OH (6 replies)
8/27/2005 10:10:33 AM (2429 views)


Real Title Services


[+] Title Direct non-payment - Anne Gilbert/VT (5 replies)
8/26/2005 6:25:10 PM (2431 views)

[+] Mortgage over 30 years old, but no release - David Kossman/MO (19 replies)
8/25/2005 3:16:53 PM (2689 views)

[+] Back to school - monica froese/ME (11 replies)
8/23/2005 4:16:43 PM (2345 views)

[+] Liability Disclaimer - Danielle Nelson/WI (12 replies)
8/23/2005 2:01:59 PM (2459 views)

[+] The Jordan Group - Any experience with any of these affiliated companies? - Matt Papsch/MD (2 replies)
8/22/2005 5:41:51 PM (2510 views)

[+] Gasoline Trivia - Who Would Have Thought? - Lisa Ramsey/TX (6 replies)
8/19/2005 8:45:16 PM (2432 views)

NALTEA committees... - Robert Franco/OH
8/18/2005 12:25:11 PM (1828 views)

thanks anyway - Kim Haase/MT
8/18/2005 12:18:26 PM (1874 views)

[+] VIEWS - LAWANDA MCMILLIAN/AR (8 replies)
8/18/2005 9:28:38 AM (2446 views)

You asked for it... - Jay Duncan/MO
8/17/2005 5:05:10 PM (1928 views)


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