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Recently I sent a Cease and Desist w/ breach of contract to…

Recently I sent a Cease...
Recently I sent a Cease and Desist w/ breach of contract to a company in Texas because they no longer offer a product and do not have the product anymore that was listed on the original contract. I originally purchased a license to use all the digital products in the contract. Company XYZ is an LLC and the owner sent me a response:
The owner of Company XYZ is saying in order to let me out of the contract that I need to sign a non-non-disparagment (which I think this is misspelled) via emal. - They sent this as a DocuSign but I have not opened it.
They also threatened that if I do not sign, then I would be responsible for all legal fees, travel time, travel expenses to show up in court in Texas.
What are my options? I do not want to spend time and expense going to a TX court.
The original contract was for an LLC I owed and was dissolved in Tennessee. Since thencompany name is ***** ***** used and recently I relocated to OK.
What would be the range of my liability if there was a case, I was served, and I decided not to show and a default is given to Company XYZ?
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Answered in 24 minutes by:
12/29/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,434
Experience: Licensed to practice before state and federal court
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Thanks so much for requesting me. To me, this sounds like a raw deal and I'm not sure that this is something that you should pursue. the reason is because if they breached the contract, then you aren't under any obligation to agree to anything regarding non-disparagment. In addition, I wouldn't worry about their threats because I don't see how you'd be responsible for their legal fees, travel time, travel expenses, etc. Keep in mind that without a court order, you aren't required to do anything at all. Accordingly, you can always adjust the agreement to your standards, taking out the disparagement part and including terms that are amenable to you. If you were served and decided not to show, then there would be a default judgment against you so even if there is little merit to the case, make your appearances and defend yourself in court.

Did you have other questions for me at all?

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Customer reply replied 1 month ago
Company XYZ's email states their merit is: Common practice in business. Paraphrased ...... " A nondisparagement agreement is to let you out w/ common understanding breaking our agreement."
Also I requested them to stop my monthly payment for license fee. Their response Paraphrased...." I"m not sure a Cease and Desist is necessary with a stop payment request"
Company XYZ's gave me two options in email Paraphrased.....
"1. Sign off on the agreement so we can break the contact and we can go separate ways which is what you wanted. Correct?"
"2. Go the legal route which is what you are displaying with you last email" "You will pay the legal fees." "I am not sure this is what you want to do."Before I open the Company XYZ's disparagement document in DocuSign, should I ask what the basis is of the common understanding. Does this alone have merit to sue?
Do I have any liability once previewing the document to find out what they are wanting?My thought are that if this is left as a "Cease & Desist w/Breach of Contract" as outlined in a letter using a template called "Cheap Legal Forms".... then they are wanting me to discard any liability and breach accusations, and include Non-Disclosures, Non-Competes, and probably anything else that discredits me.
Based on commons suits like this, would they have merit to charge me the legal fees in order to sue for this? What is the likelihood they would sue me for these items? Thanks.

No problem. So, what they're doing is a little odd; however, people will often threaten to sue without actually having the guts to do such a thing. But, in my legal opinion, it's often not worth the risk of a lawsuit. So, truthfully, you have to look at the agreement to kind to find out what the worth is of these things. If a non-compete doesn't mean anything, then there's no problem agreeing to it. T he same thing goes with non-disclosures. Those are common in most settlement agreements as well. It just means you can't sell your story to the local newspaper. It's probably okay for you to settle with them, because a lawsuit may not be worth it.

What other questions did you have for me today?

Legal Eagle
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