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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116140
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a small dispute with a business vendor... we have

Customer Question

I have a small dispute with a business vendor... we have agreed verbally to resolve it.. How can I prevent him from any further damages in the future..?
JA: What state are you in? It matters because laws vary by location. What confuses you?
Customer: I am in Georgia.. He says he has some recordings of our conversations against my will... but we have agreed to settle our financial dispute verbally.. .I will remit hime the funds he requests..
JA: Has anything been filed or reported?
Customer: No Nothing filed or reported.. He may have access to some conversations that could damage my reputation.. I do not want that to happen.. I want to prevent him from doing that.. He has requested 50% of the payment I received which I will refund to him tomorrow.. He is also willing to sign an agreement
JA: Anything else you want the lawyer to know before I connect you?
Customer: what are the fees..? How much do you charge..?
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to. What confuses you?
Customer: Please send the page...
Submitted: 5 months ago.
Category: Legal
Customer: replied 5 months ago.
hi..
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You can stop him from continuing to harass you by reducing your verbal agreement to writing and in the verbal agreement you put a statement that both parties agree that the terms of the settlement are confidential and neither party will disclose the terms and neither party will make disparaging statements about the other party. You also put a clause that states if any party violates the agreement they are liable to the other party for not only damages, but attorney's fees and costs for having to pursue breach of the agreement.
Once you have your signed agreement and you comply, then you can stop him if he tries to violate the agreement and if he does violate the agreement you can recover your damages plus your legal costs and attorney's fees as well.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 5 months ago.
Ok. 1. Can u send me a sample clause to include in my agreement. ?2. How can I stop him from releasing the recordings which he says he has. ?3. Do we have to get the agreement notarized. ?4. After he signs do I need a copy of his DL to prove it is actually him who signed . ?
Expert:  Law Educator, Esq. replied 5 months ago.
Than you for your reply.
1) Please read exactly what I typed above, that is as close as I can come to writing the clause because the experts on this site cannot represent you or anyone else, which includes writing your agreement for you. If your read what I wrote closely, you will be able to put the clauses together in your own words.
2) The agreement would stop him from releasing the recordings based on the confidentiality agreement, but you can add in there that the confidentiality agreement includes specifically not releasing any documents or audio recordings by either party.
3) You do not HAVE to get any agreement notarized, as long as it is signed by both of the parties. The notary simply certifies that the party who signed was who he said he was.
4) No you do not need a copy of his DL to prove he was the one who signed. If you doubt him that much, then you can include a notary for each signature and then both you and the other party have to prove your identity to the notary before they notarize the agreement.
Customer: replied 5 months ago.
4. How do I include a notary for the document..? Do I just add lines for a notary..?
Customer: replied 5 months ago.
Is there a particular format...?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You simply add lines for a notary, and the notary will add in their statement.
Typically the notary wording is as follows:
State of Georgia
County of _________________
Signed and sworn to (or affirmed) before me on ____________________
Date
by ________________________________________________________,
Printed name(s) of individual(s) making statement
who proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
____ Personally Known
or
____ Produced Identification
Type of ID ____________________________________
_______________________________
Signature of notary public
_______________________________
(Name of notary, typed, stamped or printed)
Notary Public State of Georgia Stamp/Seal
My commission expires: ___________
Customer: replied 5 months ago.
Can I send you what I have written and can you offer your professional suggestions...?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You can post that here if you want to do so, but please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 5 months ago.
This referral agreement is made this 1st day of June, 2016 between Company XXXAAA, LLC and John Doe.In consideration of the referral of candidates Binod Lamichhane and Bikal Bhandari Company XXXAAA, LLC agrees to pay John Doe 50% of all proceeds received from Niftek Inc while satisfying the Referral Agreement between Company XXXAAA, LLC and Niftek Inc. (Dated June 1st, 2016).Payment:
Company XXXAAA will make payment to John Doe within 6 months of payment from Niftek Inc. If funds are not received by Niftek, Inc, funds will not be disbursed to John Doe.General:
Upon signature of this document and receipt of funds, John Doe hereby remises, releases, acquits, satisfies and forever discharges Company XXXAAA, LLC and its owners, consultants, directors, officers, employees, agents, stockholders and affiliates for and from all manner of actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, damages, judgments, executions, claims and demands, whatsoever, in law or in equity which John Doe ever had, now has, or which any personal representative, successor, heir or assign of John Doe hereafter can, shall or may have, against Company XXXAAA, LLC and its owners, consultants, directors, officers, employees, agents, stockholders and affiliates for, upon or be reason of any matter, cause or thing whatsoever, from the beginning of the world.Indemnification Clause:
John Doe shall fully indemnify, hold harmless and defend Company XXXAAA, LLC and its owners, consultants, directors, officers, employees, agents, stockholders and Affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or related to (1)any breach of any representation contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of John Doe under this Agreement or under applicable law, in each case whether or not caused by the negligence of John Doe or any other Indemnified Party and whether or not the relevant Claim has merit.Confidentiality Agreement:
Hermaj Shahi and Company XXXAAA, LLC both agree that the terms of this agreement and settlement are confidential and neither party will disclose the terms and neither party will make disparaging statements about the other party. This confidentiality agreement also includes specifically not releasing any documents written or audio recordings or messages by either party.Violation:
If either party stated above violates this agreement they are liable to the other party for not only damages, but attorney's fees and costs for having to pursue breach of the agreement.NOTARY -
State of Georgia
County of _________________
Signed and sworn to (or affirmed) before me on ____________________
Date
by ________________________________________________________,
Printed name(s) of individual(s) making statementby ________________________________________________________,
Printed name(s) of individual(s) making statementwho proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
____ Personally Known
or
____ Produced Identification
Type of ID ________________________________________ Produced Identification
Type of ID ___________________________________________________________________
Signature of notary public
_______________________________
(Name of notary, typed, stamped or printed)
Notary Public State of Georgia Stamp/Seal
My commission expires: ___________AGREED and ACCEPTED:John Doe Company XXXAAA, LLCAuthorized Name: ________________________Signature: _____________________________________ Authorized Signature: _________________________Date: ______________________________________ Date: _________________________
Customer: replied 5 months ago.
Any recommendations..? What should I change...?
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You have incorporated what I told you and that agreement would be fine and enforceable. I would not change anything it is fine as is.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.