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Saturday, January 7, 2012

PublishAmerica's Recent Loss James Sylvester

This case appears to demonstrate that PublishAmerica's iron clad contract has failed them. The term foreign in this case would mean a state outside Maryland and this other state involved is California. The information below is all the information that is public but from this it looks like Mr. Sylverster won a case against PublishAmerica and the court then filed for the judgment to be entered in Maryland. That was granted and accepted by the Maryland state court.

California it seems does not think that the article contained in a PA contract that says any contractual dispute must be filed in Maryland is a valid claim. The case opens the doors for other authors to sue Publish in their home state. It makes no sense why a person who does not reside in Maryland must be forced to go all the way to that state for remedy.

From this infomration, I cannot tell exactly what Sylvester sued them for but the authorities in Maryland will now aid in collecting the judgment from the California plaintiff. It appears that the reason Mr. Sylvester pressed on and filed his judgment in Maryland is because PublishAmerica would not pay the judgment otherwise since it was not within their jurisdiction< http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=110100058632011&loc=38&detailLoc=DSCIVIL Case Information

Court System:
DISTRICT COURT FOR FREDERICK COUNTY - CIVIL SYSTEM
Case Number:
110100058632011Claim Type:FOREIGN

District/Location Codes:
11 / 01Filing Date:11/28/2011Case Status:ACTIVE





Complaint, Judgment, and Related Persons Information

(Each Complaint, Hearing, Judgment is listed separately, along with each Related Person)

Complaint Information














Complaint No: 001(SYLVESTER, JAMES H.) Vs:(PUBLISH AMERICA, LLLP )
Type: REGULAR CLAIM
Complaint Status: JUDGMENT IN FAVOR OF PLAINTIFF ENTERED
Status Date: 12/13/2011Filing Date:11/28/2011Amount$2948Last Activity Date:12/13/2011


Judgment Information


























Judgment Type: FOREIGN JUDGMENT RECORDEDJudgment Date:12/13/2011
Judgment Amount: $2,948.00Judgment Interest:$352.00Costs:$300.00Other Amounts:$0.00
Attorney Fees: $80.00Post Interest Legal Rate:X Jointly and Severally:In Favor of Defendant:
Possession Of Property Claimed valued At: $0.00Is Awarded To The:Together With Damages Of:$0.00
Value Of Property Sued For: $0.00Plus Damages Of:$0.00Is Awarded To The:Dismissed With Prejudice:
Replevin/Detinue Amount: $0.00
Recorded Lien Date: Judgment renewed Date:
Renewed Lien Date: Satisfaction Date:


Related Person Information








Name: PUBLISH AMERICA, LLLP
Connection to Complaint: DEFENDANT








Address: 230 E PATRICK ST, P.O. BOX 151
City: FREDERICKState:MDZip Code:21705









Name: SYLVESTER, JAMES H.
Connection to Complaint: PLAINTIFF








Address: P.O. BOX 17453
City: ANAHEIMState:CAZip Code:92817-7453



Case History Information

(Each Event listed for the case is listed below in chronological order)








Type: INITIAL CASE FILINGComplaint No.:
Date: 11/28/2011Comment:INITIAL CASE FILING









Type: COMMENTComplaint No.:001
Date: 12/07/2011Comment:FILE TO JUDGE TO REVIEW REQUIREMENTS FOR FOREIGN JUDGMN









Type: RECORDATION OF FOREIGN JUDGMENT ENTEREDComplaint No.:001
Date: 12/13/2011Comment:FOREIGN JUDGMENT RECORDED









Type: COMMENT Complaint No.:001
Date: 12/13/2011Comment:FOREIGN COURT- CALIFORNIA SUPERIOR COURT









Type: COMMENT Complaint No.:001
Date: 12/13/2011Comment:MAILED COPY OF FOREIGN JUDG. TO DEF AT BOTH ADDRESSES









Type: NOTICE SENT Complaint No.:001
Date: 12/13/2011Comment:NOTICE OF FOREIGN JUDGMENT (DEF)-N1
















Type: NOTICE SENT Complaint No.:001
Date:
12/13/2011Comment:ALSO SENT TO - PLN,

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