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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4503
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I am being sued in Carson City, Nevada. I live in Southern

Customer Question

I am being sued in Carson City, Nevada. I live in Southern California. He claims I am responsible for a verbal contract my then husband supposedly agreed to in 2007. I had no knowledge of any contract until after I was served with divorce papers in July 2010. In the divorce - final May 2013 - my now ex-husband received all businesses including debt. He claims my ex husband was in Carson City on a certain date - he was not. I have been handling the court paperwork through a paralegal in Carson City - I do not know Nevada law - now I have gotten a notice for an arbitration meeting on Nov. 11, 2013 in Carson City - no time nor place. Now what do I do?
Submitted: 5 months ago.
Category: Legal
Expert:  Joseph replied 5 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Can you tell me when the cause of action (suit was filed) against you?

How long after the alleged verbal contract took place?
Customer: replied 5 months ago.

September 2013 - but I did something really stupid - in 2012 I signed a promissory note to him in August 2012. In the divorce proceedings, I was convinced I would lose a piece of property I own next door to my house. The plaintiff had already convinced me that the now ex owed him money - all based on verbal contracts. I signed the promissory note so the plaintiff would have legal recourse against the ex if he got the property in the divorce. I spoke frequently with the plaintiff for three years after the now ex filed for divorce - I was always told by the plaintiff he wanted the now ex to pay, not me.

Expert:  Joseph replied 5 months ago.
Hello Suzanne,

Can you tell me what the promissory note states? Does it obligate you to pay anything (if so does it state what it is for and when you have ot pay)?
Customer: replied 5 months ago.

I am attaching a copy for you - but it was done in San Bernardino County California:


 



 


 


Expert:  Joseph replied 5 months ago.
That didn't work. Can you try using the paper clip icon to attach it?
Customer: replied 5 months ago.


 


did that work? I do not know what "url" is - sorry

Expert:  Joseph replied 5 months ago.
The paper clip icon allows you to upload documents online from your computer, including pdf files, which is likely what your promissory note is.

Unfortunately, I still cannot see the documents as attached images.
Customer: replied 5 months ago.

Promissory not and real property lein


in consideration of monies paid and services rendered pursuant to previously entered into agreement the undersigned does hereby give this voluntary promissory note and grant a lein against real property for the purpose of warrenting repayment of the promissory note as herein enumerated.


The undersigned suzanne hancock hereinafter to be known as the "co-debtor" being the 50% owner, legal custodian and representing her husband who is also 50% co owner of the herin named property hereby promises to pay the sum of 200,000.00 as repayment of monies and services as provide by jack valenzuela to herself and to arn d hancock a co debtor. this debt may be repaid in us legal tender in proper manner in full in one payment until such time as the debt is paid by the so debtors a lein on the real property as listed below will be placed as a security interest for the repayment of this debt'


 


then the legal description of property is listed.


 


This was signed in San Bernardino County California August 1, 2012

Expert:  Joseph replied 5 months ago.
Hello Suzanne,

I've got some good news and bad news. I'll go with the good first.

The good news is that since the agreement was signed in San Bernardino, there is an argument to be made that Nevada does not have jurisdiction over the agreement.

If he is alleging breach of a verbal agreement that happened in 2007 in Nevada, it is also well beyond the statute of limitations for a verbal agreement in Nevada. Furthermore, since you haven't been in the state since 2000, and weren't in the state in relation to this cause of action, the court would not have jurisdiction over you.

The bad news is that you could still be sued in San Bernardino County for breach of the promissory note (breach of contract). However, you would have a good argument that you were given the assurance that this only involved your husband, and that you didn't receive anything in exchange for you signing the promissory note.

That said, I do see it as definitely damaging, as it revived a dead cause of action and does indicate that you are a co-debtor, meaning that you would also be responsible for the debt. You may be able to allege though that it is unconscionable and that you were unaware of the meaning of the agreement when you signed due to the misrepresentations that were made to you.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Customer: replied 5 months ago.

On Friday, Nov 1, 2013, I received a notice to attend an "early case conference" for Monday, Nov 11, 2013 in Carson City Nevada at 10 am.


 


Is there any legal paperwork I can submit to the court to get it NOT decided in Nevada?

Expert:  Joseph replied 5 months ago.
Yes, you can make a motion to dismiss the case based on lack of personal jurisdiction over you and improper venue.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4503
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 8 other Legal Specialists are ready to help you
Customer: replied 5 months ago.

When I received the demand for payment letter from mr valenzuela, I did call four times, he stated he wanted a drag racing bike, motorcycle lift, and tools left in the garage of the house next door.I was TOLD I had to call the sheriff and report the items as stolen. And I had to file a claim with my homeowners insurance company. I contacted both entities.


 


The sheriff told me I could not file a report on stolen property, the property was in mr hancock's name - and mr valenzuela needed to file the report himself because the garage where the items were stored was last under mr hancock's possession. Mr valenzuela had rented the house on the property from Jan 2009 until June 30, 2010 - not the garages, which mr hancock rented from me to store cars from his limo business.


 


My insurance company stated that mr valenzuela's renters insurance company should handle the claim, not the my insurance.


 


Mr Hancock had sole and exclusive use of that property from July 13, 2010 until the divorce was final May 2013. I have receipts showing all items were mr hancock's. Mr Valenzuela stated mr hancock verbally agreed mr valenzuela could have them a repayment fo the debt. When the property was returned to my use, none of those items remained.


 


I gave mr valenzuela mr hancock's two known addresses. The motorcycle race team and company were both considered mr hancock's property due to being financed through a large trust from mr hancock's father. Not community property. Mr hancock got all businesses in the divorce.


 


Does any of this help me at all?


 

Expert:  Joseph replied 5 months ago.
Yes, it demonstrates that you are not the right party to be sued and have nothing to do with the claims that arose here?

Also, it certainly doesn't seem that he has a valid claim underlying the promissory note.

The reason why there's some concern is that you admit liability in the promissory note, even though there wasn't any.
Customer: replied 5 months ago.

I have to honest, I did believe what mr valezuela told me because of other things he had been correct with. He is the one who told me that mr hancock was making and selling porn. I had no idea that was going on - I found "arn hancock adult films" listed on the internet and that is the night mr hancock left - he filed for divorce 13 days later. Mr valenzuela also told me mr hancock had rented a condo in Baja, Mexico which I was unaware of - that information was substanciated by the gang detectives who visited me looking for mr hancock's guns after a member of his "criminal biker gang" was shot in Palm Springs, CA on July 15th. And Mr Valenzuela was correct in the info regarding another gang member's wife disappearance in Baja, Mexico - which was then ruled a homicide. I had zero knowledge of any of this prior to mr hancock leaving.

Expert:  Joseph replied 5 months ago.
Hello Suzanne,

Thank you for your positive rating of my service! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph
Customer: replied 5 months ago.

Does this info help or hurt me? I have a;ready rated you as a 10!


 


I have to honest, I did believe what mr valezuela told me because of other things he had been correct with. He is the one who told me that mr hancock was making and selling porn. I had no idea that was going on - I found "arn hancock adult films" listed on the internet and that is the night mr hancock left - he filed for divorce 13 days later. Mr valenzuela also told me mr hancock had rented a condo in Baja, Mexico which I was unaware of - that information was substanciated by the gang detectives who visited me looking for mr hancock's guns after a member of his "criminal biker gang" was shot in Palm Springs, CA on July 15th. And Mr Valenzuela was correct in the info regarding another gang member's wife disappearance in Baja, Mexico - which was then ruled a homicide. I had zero knowledge of any of this prior to mr hancock leaving.


 


I now, am 100% leery of mr valenzuela due to unthruths in his court papers

Expert:  Joseph replied 5 months ago.
Hello Suzanne,

I'm afraid that that information is unlikely to have much of an effect, although, if anything it would help you, as it demonstrates why you would have possibly trusted him in signing the promissory note relying on his misrepresentations to you.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4503
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 8 other Legal Specialists are ready to help you
Customer: replied 5 months ago.

I received two requests to meet -


 


"Just a reminder of the time, and notification of the place, for the required pre-trial meeting that you were notified of by US mail. Time. 11/11/13 10:00 pst
Place. 1071 S. Carson st.
In the conference rm. carson city,nv Jack Valenzuela"


 


Then:


Suzanne,

My email mentioned a 'pre-trial' meeting in the generic sense, and provided the exact address, as I had to confirm the reservation for the room. This scheduled meeting was for the " Early case conference" as my letter to you stated.

Secondly, my filing of a request for an EXEMPTION from the Arbitration process was a pro- forma request only. This case does NOT QUALIFY because of the amount of damages involved, and the head of the Alternative Dispute Resolution department of the First Judicial Court requested this be made into a formal request. There is no Arbitrator nor will there be one, so I cannot request them to call you.

Please contact me by return email , as soon as possible to reschedule the Early Case Conference. I have november 27th, 28th, or the 29th available on my schedule. Please pick one of these dates so we can take care of this.

Jack Valenzuela


 


Now I get this:


 


As of today November 16, 2013 I have not received a response to my November 10, 2013 email attempting to secure a date for the Early Case Conference. Please select one of the following dates, November 27, 28, or 29. I have chosen these dates to accommodate your work schedule. That is the same reason I initially selected the 11th of the month because of the holiday I knew that school would be closed. For the sake of time and convenience lets limit our communication regarding this case to email, due to the fact that you mistakenly sent two copies of the same letter to the Carson City Court Clerk instead of to me.


This is the 2nd request attempting to secure a date for the early case conference
Suzanne,

My email mentioned a 'pre-trial meeting' in the generic sense, and provided the exact address, as I had to confirm the reservation for the room. This scheduled meeting was for the "Early Case Conference" as my letter to you stated.

Secondly, my filing of a request for an EXEMPTION from the Arbitration process was a pro-forma request only. This case does NOT QUALIFY because of the amount of damages involved, and the head of the Alternative Dispute Resolution department of the First Judicial Court requested this be made into a formal request. There is no Arbitrator, nor will there be one, so I cannot request them to call you.

Please contact me by return email, as soon as possible to reschedule the Early Case Conference. I have November 27th, 28th, or 29th available on my schedule. Please pick one of these dates so we can take care of this.

Jack Valenzuela


 


The "conference" he set up was at a real estate office - my guess it belongs to another member of the criminal biker "club." I am 100% afraid to meet under those circumstances. I am having dismissal papers written by a paralegal in Carson City - who would know what is required.


 


He has also picked Thanksgiving - I have submitted paperwork to allow me to "meet" with him audio-visually, have heard nothing from the court on that issue. Do I have to go up there (475 miles away) and meet in scarey situations?

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