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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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Are you able to give proper/accurate advice pertaining to responding

Customer Question

Are you able to give proper/accurate advice pertaining to responding to a Civil Law Suit in Las Vegas, Nevada?
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.

Thank you for using just answer. My name is XXXXX XXXXX can assist you.

 

Can you tell me what you are trying to do, and what is it you are responding to ?

Customer: replied 1 year ago.

Yes.


I am being sued by the Hard Rock Casino in Las Vegas involving a past casino debt (case # XXXXX). The plaintiff's attorney has served me with papers for which I am expected to respond by October 11th.
FYI, I have already been through the criminal process. It was set to go to trial when I was given a counter offer by the DA's office to reduce my charges from felony to a gross misdemeanor which I (reluctantly) accepted. I was ordered by the court to make monthly ($200 minimum) payments which I have been doing now for over 1.5 years. I even report to the court once every 6-months to show proof of such. Considering that I have been making monthly payments already to the Hard Rock, I would think I would have some kind of defense in this case although I do realize one is criminal and one is civil. However it appears that they are trying to take a "second bite out out of the apple" as a local lawyer friend of mine so aptly put it.
My question is... is this something you can assist me with and if so (and please forgive me if I sound too direct), would you be able to assist me with anything helpful related to my case that I could not do myself?
ROBERT G

Expert:  Jack R. replied 1 year ago.

i am sorry that you are in the situation that you have. It sounds like you are working through the criminal issue. Unfortunately this site is only set up to respond to questions and provide legal information. We cannot represent you in legal matters.

 

From what you have described, you should be able to avoid additional damages because you are already paying restitution (assuming the criminal and civil liabilities stem from the same transaction).

 

Since it appears you were convicted of the criminal charge related to the civil charge, defending the civil charge may be very difficult. What you need to be concerned with is that the damages (amount owed) awarded are proper. A civil suit just confirms the debt due. The result of a civil suit is only to get a judgment which creates an lawfully endorsed and enforceable obligation. A court cannot force payment, it just recognizes the debt is due.

 

The casino may be pursuing the civil charge only to protect itself in case you stop paying. In other words if you stop paying and serve jail time the casino would still like to get its money through the civil remedies.

 

After obtaining a judgment in order to get money the Plaintiff would have to go through the collection process if you stop making payments. Any payments you have already made would be credited. You may also be able to defend any collection activity based on the fact you are already making payments under a court mandated payment plan.

 

One word of caution keep a record of all payments. There have been situations where a payee seems to have lost its records and demands the payor prove they made the payments. By keeping canceled checks or receipts you can defeat collectors years down the road hoping to cash in on the fact you don't have records.

 

 

Customer: replied 1 year ago.

Thanks Jack. I am not expecting you to handle this for me but to just give me some advice as you kind of just did. Regarding my receipts... yes, of course I have them. However, it is already on record that I have been paying back the minimum monthly amount and, for that matter, I have to report every 6 months just to show that I have. That's a fact.


I understand what you said about it being difficult to defend the civil charge since I technically already admitted GUILT by accepting the DA's counteroffer. What I need is assistance in responding to the Summons as I have no idea how to do so. Since I am not trying to defend myself against the actual charge, do I not respond or what do I do?

Expert:  Jack R. replied 1 year ago.

What you should do is respond. A response to the Complaint looks just like the complaint itself.

 

You can the state that payment is already being made as a result of the criminal case and that this lawsuit would effectively duplicate damages already awarded.

 

Here is a link to a template answer. The paragraphs referred to in the template are the numbered paragraphs in the complaint.

 

http://www.clarkcountycourts.us/CivilSHC/civil-actions/forms/DC/Combined%20Answer%20(Generic)%20(Fillable%20Form)%20&%20Instructions,%20District%20Court.pdf

 

You will need to write in the correct county ( white out and write in)

 

Under the defenses section check all the boxes, and then add a line stating Defendant is already paying Court ordered restitution

 

 

You then sign the document.

 

You file one copy with the court ( hand 3 copies to the Clerk) send one of the copies to the other attorney. You only have approx. 28 days to get this filed with the court.

 

 

Customer: replied 1 year ago.

Thanks. Your last response was actually very helpful. You mention that I have 28 days to respond, but I believe my response is due NEXT Friday on the 11th. FYI, it was actually due tomorrow but I was able to get an extension (which I have in an email from the Plaintiff's attorney) due to a death in my family this past Monday. I had previously typed out a response that I was going to file with the clerk. The response is attached. Will it suffice or I am not following certain legal protocol. Let me know if you have any suggestions?

Attachment: 2013-10-04_064642_hrhh_vs_gerstein.doc

Expert:  Jack R. replied 1 year ago.

You need to put it in the format of the sample (template) I sent you. You can then add a statement in the defenses section saying you have been paying on the obligation for 1.5 years. If you submit the document you attached, the other side will ask that it be stricken (deleted and ignored) from the record. It is better than nothing but if possible use the template.

 

It will take you only minutes complete.

 

 

 

 

Customer: replied 1 year ago.

I will use the template. Can I get back to you if I have any issues or questions regarding properly filling it out?

Expert:  Jack R. replied 1 year ago.

yes, just open a question and start it with the word "For Jack R. Only". I'll then be able to respond.

 

In the mean time I would appreciate your accepting this answer with the appropriate rating. It is the only way we get paid for our efforts. Thanks !!

 

 

Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience: OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
Jack R. and 2 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

For Jack R. Only...


 


Jack, I have attached the partially completed template that you sent me the link for. Please look it over. I wan't sure how to fill out the "Answering Paragraph's" section because on the summons, there are 36 paragraph's.

Attachment: 2013-10-06_082949_hrhh_vs_gerstein_response.pdf

Expert:  Jack R. replied 1 year ago.

Looks good. Put the numbers of the paragraphs you agree with (admit) on the 1st paragraph entry (line 16) e.g 1-3,4,6,10,11

 

Put the ones you disagree (deny) with on the 2nd paragraph answering section (line 18).

 

Put the ones you cannot agree or deny in the third answering section (line 20).

 

On Line 24, if you want to make a statement about any paragraph this is where you put it. The statements should be very short not a dissertation. The court just wants to know if there is anything special about one of your responses.

 

You must address all 36 paragraphs, if you leave any out they are admitted by default.

 

 

Customer: replied 1 year ago.

Thanks, XXXXX XXXXX seen a copy of the actual summons? I only ask because I certainly do not understand each individual paragraph enough to warrant answering them correctly and was hoping you could assist me with that.


 

Expert:  Jack R. replied 1 year ago.
I cannot offer specify advice on your summon because that we be the practice of Law in Nevada where I am not licensed. If you do not understand the allegation, of do not know an answer, you should identify those paragraphs on line 20.
Customer: replied 1 year ago.


not looking for you to answer the questions/complaints or even advise me. What I would like is for you to translate them to me in layman terms.


 

Expert:  Jack R. replied 1 year ago.
If you type in the parts you have questions about and specifically ask what the confusion is I can explain that. However, doing so is time consuming if you have a lot of paragraphs and would ask that you accept and rate again after I complete the response so I can get compensation for my time. Ina addition, I would not be able to get to it until later today.
Customer: replied 1 year ago.

Okay Jack, I need to know if I am supposed to respond to all the Paragraphs (1 - 36) on pages 2 - 6. If so, I am going to need them explained to me as I do not understand most of them. I realize this might be a lot of work but I will make sure you get a decent bonus if you can assist me with this. You can download the summons at https://www.dropbox.com/s/8mu79pl9ql90bi3/HRH%20Summons.pdf

Expert:  Jack R. replied 1 year ago.

I went through your summons.

 

I found a lot of duplicate questions. Here is what I came up with by paragraph.

 

My observations paragraphs 1-4 are basically identification paragraphs.

when I state you don't know this refers to the fact you have insufficient knowledge to admit or deny.

 

1. deals with identifying Plaintiff unless you know all what is stated about plaintiff to be true you can state you have insufficient knowledge

2. Alleges you are an adult either admit deny or answer you do not know.

3. this probably falls into the unknown category

4.Asks if the transaction e.g. credit card application etc took place in Clark County either admit, deny or indicate you don't know

5. Did you apply for credit with the credit card company either admit, deny or indicate you don't know

6. Asks did you write a check or provide other means totaling $25,000 dollars to the Plaintiff either admit, deny or indicate you don't know

7. Alleges that the $25,000 payment did not go through e.g. a bad check either admit, deny or indicate you don't know

8.Identified the current balance admit, deny or indicate you don't know

9. Lists the current balance. More than likely you do not have enough information to admit or deny

10. Unless you know that employees tried to contact you , you should deny or indicate you don't know

11. No response required

12. Unless you are a lawyer you probably don't now

13. Same response as 9

14 same response as 9

15 Unless you know that Plaintiff was required to hire an attorney you should either deny or indicate you don't know

16. no response required

17. Ask whether you set up and account with the Plaintiff ( a credit account) admit, deny or indicate you don't know

18. Indicates you did not try to pay off the account admit, deny or indicate you don't know. Partial payments can be considered trying to pay off the account

19. same answer as 9

20. Same answer as 15

21 No response required

22. Asks whether the application for credit you signed requires you to repay money advanced admit, deny or indicate you don't know

(don't guess only admit if you know)

23 Same answer as 9

24 Same answer as 9

25 Same answer as 15

26 No response required

27 Same answer as 9

28 Same answer as 9

29. Same answer as 9 Unjust enrichment is legal cause of action something a lawyer would know not necessarily a lay person.

30 same answer as 9

31 same answer as 15.

32 no response required

33 Unless you are a lawyer you probably don't know what NRS 41.620 is

34. same answer as 7

35. Ask if you paid what you owed within 30 days of being asked to pay admit, deny or indicate you don't know

36. Indicate you don't know unless you know you owe what is requested.

Customer: replied 1 year ago.

where it that I should add in that I have "already been paying restitution as a result of a criminal court case"


Also, what I do fill in on page 3, paragraph 4 of the response paperwork (the paperwork that I am supposed to file with the court clerk)?

Expert:  Jack R. replied 1 year ago.

I assume you are talking about the certificate of Mailing. You put the address of the opposing counsel. If there is no opposing counsel the address of the Plaintiff. For safety you can put both addresses in that box.

 

You can put the fact you have paid restitution in the box on line 25 of page 1. It is already somewhat covered by the check box on line 21 page 2.

 

 

Customer: replied 1 year ago.


Not the "Certificate of Mailing" itself. However, on the same page (#3) towards the top (lines 4 & 5), there are 2 lines to fill in and I am not sure what is supposed to be filled in on those lines

Expert:  Jack R. replied 1 year ago.

Looks like you already did a good job including the restitution that you are paying. on lines 4,5. Nothing more is needed.

 

 

Customer: replied 1 year ago.


so tits okay what I wrote in on lines 4 & 5 then?

Expert:  Jack R. replied 1 year ago.

It is perfect. You still need to fillout lines 16-20 on pge 1

Please accept my answer by rating me 3 or better so I may get credit for my response. If you have follow up questions please ask. Note you must rate the answer for me to compensated. paying the deposit alone is not sufficient for the funds to be disbursed.

Customer: replied 1 year ago.

I did already. I think I have it all. I am just going through everything to make sure and then I will finalize this with you (rating and bonus). It may be late tonight or tomorrow morning

Expert:  Jack R. replied 1 year ago.
If possible this evening would be better. I have depositions to conduct tomorrow.
Customer: replied 1 year ago.


Jack, here is my completed form https://www.dropbox.com/s/8byhup3hslxtplg/HRHH%20VS%20Gerstein%20Response.pdf

Please quickly look over pages 1-3 and let me know if it looks completed or if you have any suggestions. Once you give me your approval, I will finalize everything regarding rating and bonus

Attachment: 2013-10-09_215849_hrhh_vs_gerstein_response.pdf

Customer: replied 1 year ago.

Attachment: 2013-10-09_215924_hrhh_vs_gerstein_response.pdf

Jack, here is my completed form https://www.dropbox.com/s/8byhup3hslxtplg/HRHH%20VS%20Gerstein%20Response.pdf

Please quickly look over pages 1-3 and let me know if it looks completed or if you have any suggestions. Once you give me your approval, I will finalize everything regarding rating and bonus.

 

FYI, I know I still have to add in the exact date and sign

Expert:  Jack R. replied 1 year ago.

Looks good. Make sure you follow the filing instructions included with the answer. Don't forget you need 4 copies when you go to the Clerk's office.

 

please accept my response with a rating of 3 or better so I may get credit for my answer. If you have further questions please ask. A bonus would be appreciated.

Customer: replied 11 months ago.

Jack, are you still out there? I have follow up questions.

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Jack R.
Jack R.
1937 Satisfied Customers
OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.