Legal Question in Civil Litigation in Florida

I am the plaintif in a small claims case. The defendant is an attorney. I loaned her 15K to start her practice. Last year she quit paying the note with 5 payments left. I sued her and she hired an attorney. I met with him and he is now offereing to pay in full. They want me to sign a settlement agreement and release. Most of it is pretty usual boilerplate stuff. EXCEPT for one sentence. In the section about no contact pbetween parties, the usual, no calls emails etc...then this sentence

Each party further agrees that she shall not communicate to any third party any information about the other whether the information may be deemed positive or negative and the provision shal remain in effect until the death of either party.

So if anyone asks me why I moved to Jacksonville, I can't answer the question for the rest oof my life? All of this restriction and for 2K?

Any help?


Asked on 10/22/09, 12:56 am

2 Answers from Attorneys

Lesly Longa Longa Law P.A.

I'm not sure what your moving to Jacksonville has to do with this attorney. If you don't like that sentence, ask the attorney to change it because it is too broad.

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Answered on 10/22/09, 10:13 am
Angelo Marino Angelo Marino Jr. PA

I do not know if the agreement is enforceable without research, but i would take the money and run. It is unlikely she will sue you

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Answered on 10/22/09, 9:42 pm


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