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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90102
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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If I let someone who says their living address is in the USA

Customer Question

If I let someone who says their living address is in the USA but they r in the UK, will the legal doc to pay me back (i forget the legal name) is still valid? What if they r lieing and they live in the UK now, is this legal doc still valid?<br /><br />This is a different issue:  Also, how do I find out if they are a US citizen for sure? I can't find them on white pages or back ground check websites at all. I possibly found their Driver's License in the state they reside, but this website wants to charge me $80 upfront. If they don't find the info, they will refund $72 and keep $8. I thought about passport but I don't think that agency w give me such information. Any ideas?
Submitted: 3 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 3 years ago.
If they are going to sign a promissory note (document to agree to pay you back) then you must make sure that the note contains a clause saying that they agree to be subjected to the jurisdiction of the courts in Texas where you live and will agree that any disputes will be resolved by the courts in Texas. If they sign that document agreeing to jurisdiction in Texas, then you could enforce the agreement against them in Texas and they could not argue that the Texas courts have no personal jurisdiction over them. What this means is that if there is a dispute and you sue in Texas they cannot claim that the Texas court cannot issue a judgment against them and you can file suit in Texas and if you win, you could then take that judgment from Texas and file it with the courts in the UK to have it enforced if the person will not pay and is located in the UK.

Before you give them anything, you have a right to ask for a copy of their drivers license and/or passport. If not, if you have an idea of what state they have a license in, you can contact that state DMV directly and drivers license records are public information so you can fill out a request for that information with the DMV (their fees vary, but are usually less than $20). That is the only way you can determine what you are seeking, there is no central database for citizens. If he was a registered alien, then the Immigration and Naturalization service would have records in their database.

If you do not really know this person, it is advisable NOT to loan them anything because it is likely a scam and they could even be giving you false information which is why they are so willing to sign something.


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Customer: replied 3 years ago.
I do believe that I have that clause ab the jurisdiction of the courts in TX. I will check this.

Yes, I do know what state they have a license in. Do u know the link to this request for the state of CT then?

I know this person is not a scammer for sure bc I tested them on this and they had a chance to steal some money from me that was around $1200 and they didn't even try. I'm 100% sure of this fact. Thanks for advising me about that anyways but I'm very aware of these scammers out there.
Expert:  Law Educator, Esq. replied 3 years ago.
You have to call the CT DMV, here is there information: http://www.ct.gov/dmv/cwp/view.asp?a=803&q=244574 and tell them you are seeking to verify a license and ask for their fees for public records request for license information.
Customer: replied 3 years ago.
Thanks for info. This is awesome.

The clause on the promissory note document states at the end before signatures of both parties: This Note shall be construed in accordance with the laws of the State of Texas.

Is this good enough?
Expert:  Law Educator, Esq. replied 3 years ago.
No, you need to add that the parties agree that jurisdiction for any disputes will be in the appropriate court in the State of Texas and agree that they will submit to the jurisdiction of that court.
Customer: replied 3 years ago.
I will add this. I created this legal document from RocketLawyer. It didn't put this last part in it at all. Thanks for letting me know this.

I will definetly look up their DMV information first thing tomorrow. They lived in CT for the past 10 years supposedly.

Their stories have panned out before but I just want to protect myself legally. They are willing to sign this legal document to make them responsible.
Customer: replied 3 years ago.
This reminds me of something else. If I need to add an amendment to a previous promissory note that already has all the lengo on it, does the amendment have to restate the same thing or can it just refer to the original promissory note?
Expert:  Law Educator, Esq. replied 3 years ago.
If he has not signed it already, you can just add it into the note before he signs and if you add it in handwriting, then he has to initial that addition and date it and you do not need an addendum. If you retype the note before he signs this is the best way because addendum's frequently are challenged because people argue they did not agree to them or they can get lost.
Customer: replied 3 years ago.
The ammendum will have his signature on it plus the statement u suggested early plus referrring to the main promissory note. The orginal note was signed way back. This amendment is to add to that one. That is why I wrote an ammedum.

Expert:  Law Educator, Esq. replied 3 years ago.
Okay, then you can add this into the amendment and get them to sign and date and it would be fine.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 90102
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 2 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks! I just wanted to make sure. I'm very aware of loop holes in the legal systems.

I will accept now.
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you.
Customer: replied 3 years ago.
I just called the DMV of the state. They said that DL info is not public record. I don't have the right to get that info. That is what I thought bc it would be a violation of the privacy act. So, why did u tell me that?
Expert:  Law Educator, Esq. replied 3 years ago.
Because drivers license record verifications are part of public records (not their SSN or DL number or DOB, but to verify a license) and you can make a public records request under the Freedom of Information Act. This is how all these services like the one you were going to pay $78 to get there information, if it were so private then the service you were going to use would not be able to get the information. Under CT law Drivers License Record information is public record and that would verify what you need verified.
Customer: replied 3 years ago.
I must have it word it wrong to the person who answered the phone. But I thought I had said I needed to find out if someone has a valid DL there in that state. Before I could finish, she said they can't provide me any info of anyone else except for myself.

So, how do I reword my request then? Yeah I dont want to pay $78 if it actually costs $20. I saw the fee on their site for info as $20.

Expert:  Law Educator, Esq. replied 3 years ago.
I just checked with them and they said they will only release the information to attorneys or to the driver themselves (which maybe where the confusion is coming from) and that is likely why you have to use one of the services to get the information for you. They said that if not they would be unable to ever process all the requests. But they did say drivers license driving records were public information.
Customer: replied 3 years ago.
So, I need to use that online service and pay that huge fee then? Man, I hope I can find it again bc I thought I didn't need it.
Expert:  Law Educator, Esq. replied 3 years ago.
Government always seems to get you one way or another. There are tons of services so shop the price a bit.
Customer: replied 3 years ago.
I have no clue which website found his name at. I can't locate it. You know of any with a descent price and accurate?
Expert:  Law Educator, Esq. replied 3 years ago.
We are strictly prohibited from making those suggestions because it could be construed as us recommending sites, sorry, but there are plenty of sites that will perform background checks on people for fees.
Customer: replied 3 years ago.
The background checks r difficult bc u have to pay per person. Most background checks finds more than 1 person w the same name. Ok, I w do my own search then. Thanks!
Expert:  Law Educator, Esq. replied 3 years ago.
Yes, but with all the information you already have on the person which you will provide to the company that narrows it down to one person they will be looking at because you have their date of birth, drivers license information etc.
Customer: replied 3 years ago.
Can ask for permission from JustAnswer bc I just did one and it was a joke. It put up a fake DL's with a monkey on the pic. They probably were trying to get information. Not good. That is why I'm afraid to just get any site.
Expert:  Law Educator, Esq. replied 3 years ago.
Here is one, but I cannot vouch for or recommend it.

http://www.beenverified.com/free-2-with-engagement?bvcid=goog-1-display&gclid=CKu444rfkaUCFQQCbAodE2xKNA

here is another I cannot vouch for:

http://www.intelius.com/instant-driving-report.html?gclid=CIy6m__fkaUCFRiAgwodICLiOw
Customer: replied 3 years ago.
I know itelius.com is a valid website. I just tried it and u can't get info from CT. Plus u have to have the DL # XXXXX begin with.  Thanks!
Expert:  Law Educator, Esq. replied 3 years ago.
Sorry don't know what else to tell you on that since I don't know where you found your first site.
Customer: replied 3 years ago.
Are Yahoo IM messages manicuplate by the TX court system? What I mean is if I had convo with someone on Yahoo IM, can I use that in court and will the judge look into that or not?
Expert:  Law Educator, Esq. replied 3 years ago.
The court will look at it, but the problem with the text of those messages is actually proving who the person was you were having the conversation with, meaning you have to prove the IP address that the messages came from to identify the person, unless they admit to having the conversation on IM with you and then it is admissible. This is a fairly new area of the law so the courts, even county to county and judge to judge, are all over the place on rulings regarding these types of communications.
Customer: replied 3 years ago.
Unfortunately, you can get any IP Address from PCs on Yahoo Instant Messenger. There is no tracking mechanism on that. Only in yahoo email. This has to do w something else. I thought i would ask u.

Thanks!
Expert:  Law Educator, Esq. replied 3 years ago.
If you can get the person to admit that it is their email address associated with the IM or admit to having the chat with you, then you can introduce it. What happens is you seek to introduce it and then it is up to them to object regarding authentication of the chat being with them.
Customer: replied 3 years ago.
I didn't mean that the person won't admit tis their email etc. What i meant technically you cant find it for Yahoo IM. Ok, thanks! Well, if I had asked them to do something via email in the Yahoo IM convo and it happens than that proves the convo happened. Plus the email message tells me where it was sent from etc. Sounds like I'm covered then.
Expert:  Law Educator, Esq. replied 3 years ago.
You got it correct, email is better than chat. Letter is best of all.

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