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ShaunTheDon

How much to post after an NDA

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So I went through the Arbitration process with a JDB and it went very well.  I want to share my MTC and other filings, but I'm a bit concerned about the NDA I signed along with the settlement.  The SOL has passed at this point, so I doubt that the debt itself will come back to haunt me.  I'm mostly worried that even a redacted version of the filings and my discussing the events could lead me into some hot water.  Any thoughts?  

I should mention that technically the case was my wife's and my name was not attached, though I handled the entire process.

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How does NDA work with publicly available information is beyond me. The court documents are public records and anyone can access those documents.

 

 

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58 minutes ago, Captain999 said:
 
 

How does NDA work with publicly available information is beyond me. The court documents are public records and anyone can access those documents.

 

 

The case information such a creditor and how much the OP was sued for is public information as is the dismissal of the case based on out of court settlement. The settlement terms themselves are not public record because a court did not rule on the term. If you were to look up the case, all you would find is the summons, complaint, service filings, answer and service filings, maybe an MTC arb and then a dismissal, probably with prejudice, which states that the case was settled out of court. You would not find any settlement documents.

So, the OP can state who the creditor was that sued them, for how much, and that the case was settled. The OP cannot talk about the settlement. That said, we can infer as to what the settlement was and that is it. That said, I would suggest to the OP however that once they said that the case was settled, that is all they say and walk away from any discussion beyond that.

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I don’t think OP wants to share his settlement conditions. He referred to MTC and other filings which are all public records.

I am not a lawyer and I can’t advise him what to do, and he may probably feel safer not sharing anything, also in this forum there is a copy of generic MTC available for anyone to download/use.

But I can’t see how he can get in to trouble if anyone used his MTC, which is filed with the court and is public records.
 

 

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The MTC is probably fine to discuss (along with the creditor and appx. amount). What the OP cannot talk about is the settlement itself. All they can say is that the case has been settled.

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3 hours ago, WhoCares1000 said:

The MTC is probably fine to discuss (along with the creditor and appx. amount). What the OP cannot talk about is the settlement itself. All they can say is that the case has been settled.

Exactly my thoughts. Any information which is publicly available -public records- should be safe to discuss. As for the settlement, it is not hard to have a general idea what the settlement was about for anyone following this forum.

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My understanding is the JDB wants to avoid other defendants to elect arbitration in their defense. They are accustomed to easy wins where the defendants don't even show for the pre-trial. When you fight them, especially with a technique which is not that common -as arbitration- they want to make sure it is not widely known.

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The thing is, we can infer on our own what the settlement is but the OP cannot say what is contained in the settlement.

True that they do not want people to know what makes them settle in this case but most people who find out about the arb process will probably not looking at any singular case but instead on forums such as these. Besides, 98% of the people totally ignore the summons and complaint (hide their heads in the sand so to speak) rather than look up anything that could be used to defend against the creditors. Hell, here in Minnesota, to reduce the Pocket Docket issues, the legislature requires, in big bold red letters, that the defendant is told that they are being sued and that they must file an answer in 20 days or a default will be entered against them on the summons and complaint and the default needle did not move even 1%.

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