Legal Question in Civil Litigation in Texas

Breach of contract or not

I recently sued a credit reporting agency. Prior to suing them a girl in another state (georgia) offered to help with a template for suing them. I never used her template as I sued in small claims court and we settled out of court, with a non-disclosure agreement. I told her how much I settled for. I had offered to pay her $200 for helping me with the templates, that I didn't even use (via the internet). Now she is going to sue me in Federal US District Court for breach of contract along with filing fees and punitive damages. Does she have a legal leg to stand on? Also she is threatening to ''rat'' me out to the CRA that I disclosed and said I will have to pay them back plus face criminal charges for discussing my settlement. Is there any truth to this?


Asked on 6/02/02, 2:34 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Breach of contract or not

It's hard to say whether your disclosure of something you should have kept confidential will require you to cough up the settlement. Look at the terms of your non-disclosure agreement and settlement.

No criminal charges will result from your breach of the agreement.

She may be able to sue you in US district court. It all depends upon what your agreement was with her. If you owe her money for the template, it makes no difference whether you used it or not.

There's also a possibility that she may be guilty of practicing law without a license since she sent legal information to you in Texas while she's in Georgia.

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Answered on 6/03/02, 12:16 pm
Joseph A. McDermott, III Attorney at Law

Re: Breach of contract or not

My first thought is that this person, who I hope is not a lawyer, is engaging in the unauthorized practice of law. The State Bar of Texas investigates such matters. If she hassles you any more, consider reporting her to the Bar. You can get the number from their website or Austin directory assistance. There is no way that your breach of the confidentiality agreement is a crime. However, threatening you with a groundless criminal prosecution to get you to pay her may well be a crime: extortion. Your local District Attorney might be interested.

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Answered on 6/03/02, 12:21 pm


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