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[-] onondaga abstract doesnt pay - robert yant/OH (3 replies)
8/2/2010 2:41:52 PM (4699 views)
Re: onondaga abstract doesnt pay - Onondaga Abstract/NY
8/3/2010 8:14:19 PM (4513 views)
Re: onondaga abstract doesnt pay - robert yant/OH
8/4/2010 9:38:48 AM (4015 views)
Re: onondaga abstract doesnt pay - Kevin Ahern/CT
8/4/2010 8:28:18 AM (4390 views)

For those of you contemplating publishing experiences with collection problems on the internet be aware that doing so subjects you to controversies such as those stated above.

A contract collection case is a relatively easy matter to win provided you have the evidence. There is also something called a "qualified privilege aka conditional privilege"  that protects the plaintiff against defamation claims for statements contained in court pleadings and trial testimony. The reason the privilege is qualified or conditional is because the privilege can be lost through over publication beyond the privilege's intended purpose.

There was a well known divorce case here in Connecticut several years ago which serves as a prime example of loss of the privilege through over publication. It is cited as legal precedent in defamation cases.

Be smart...simply serve and file the collection case with the court. Opening the door to a conterclaim for defamation simply complicates the collection claim, extends the time to judgment and imposes additional expense on you to defend even if the claim is unfounded..

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