Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

Hello Shuband, Ive got yet another question for you. Hope

Hello Shuband, I’ve got yet another...
Hello Shuband,
I’ve got yet another question for you. Hope you don’t mind so many questions from me. This one concerns our lawsuit in Wisconsin. Another ex-wife of my husband’s is suing him for Breach of Contract for failing to pay a promissory note that he signed a couple of years ago. No benefit was given in return for his promise to pay her this money, so there was no consideration on the part of my husband. Therefore this lawsuit lacks merit to begin with. The problem though is that we reside in Wisconsin on a seasonal basis only, as my husband has a business up there, but we are residents of Florida. Even though my husband is engaged in substantial activities within the state of Wisconsin, these activities are isolated from the current claim of Breach of Contract. We therefore filed a Demand to Vacate for Lack of Personal Jurisdiction. I read somewhere that personal jurisdiction is not a right of the court and that it’s a right that is solely exercisable at the discretion of the defendant, therefore the court cannot waive it. The opposing party has already scheduled a deposition on November 13th in Wisconsin. We are now in Florida. As he has refused to put himself under the jurisdiction of the Wisconsin Courts, must he attend the deposition, if we don’t receive a decision from the judge before November 13th in response to his Demand to Vacate? Thanks again for your help.
Donna
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 17 hours by:
11/2/2012
S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1,628
Experience: Experienced and knowledgeable criminal defense attorney.
Verified
Hello again! I'm sorry for the delay in responding to you. I've been in court most of yesterday, and ditto for today! So much for quitting the day job...

I will respond to you ASAP, hopefully by this afternoon/evening. Thanks for your patience.

Shuband
Ask Your Own Criminal Law Question
Hello again. Thank you for your patience.

Q) Hope you don’t mind so many questions from me.

Not at all! It's why I'm here!

Q) No benefit was given in return for his promise to pay her this money, so there was no consideration on the part of my husband.

The benefit would legally be called "consideration." While it depends on the exact language of the note, consideration is generally not required for a promissory note. Consideration is implied by the nature of the instrument itself.

Q) The problem though is that we reside in Wisconsin on a seasonal basis only, as my husband has a business up there, but we are residents of Florida. Even though my husband is engaged in substantial activities within the state of Wisconsin, these activities are isolated from the current claim of Breach of Contract.

The legal issue you're raising is personal jurisdiction. The question is whether a court in Wisconsin has the authority to hear a case wherein your husband is a defendant. Constitutionally speaking, the only thing required for personal jurisdiction is "certain minimum contacts" with the state.

In Wisconsin, Civil Procedure Rule 801.05(1)(d) really answers the question. Since your husband runs a seasonal business there, a Wisconsin court has personal jurisdiction over him. Here's rule 801.08; it discusses raising a lack of personal jurisdiction.

Has he been served and filed an answer? If he did not raise lack of personal jurisdiction in his answer, this defense may have been waived (that's Rule 802.02(3)) or he might have essentially consented or acquiesced to jurisdiction in Wisconsin.

It doesn't really matter that the promissory note is not related in any way to the activity of the business located in Wisconsin.

Q) We therefore filed a Demand to Vacate for Lack of Personal Jurisdiction.

It would be a motion to dismiss, not to vacate. You vacate a judgment, or a finding made by a court. Vacating something keeps other legal stuff in place or the case "in motion". For example, I had a client who was found guilty of a crime. Some other issues came to light, and I filed a motion to vacate the finding of guilt. That didn't get rid of the entire case; it just took us back a step or two so the court could take into consideration the other issues I discovered.

If you are saying the court has no personal jurisdiction over your husband, then the entire lawsuit is void. That's a motion to dismiss: void = throw out everything, baby, bathwater, etc.

Q) The opposing party has already scheduled a deposition on November 13th in Wisconsin. We are now in Florida. As he has refused to put himself under the jurisdiction of the Wisconsin Courts, must he attend the deposition, if we don’t receive a decision from the judge before November 13th in response to his Demand to Vacate?

I think this issue is now moot. In my view, the Wisconsin court has personal jurisdiction. If the lack of P.J. was not raised in his answer, any assertion or defense of lack of P.J. is probably waived at this point.

If you still want to pursue the P.J. issue, you need to file a motion to dismiss the suit for lack of personal jurisdiction along with a request to stay further proceedings pending the court ruling on the motion to dismiss. If the court doesn't decide on the motion to dismiss or stay the proceedings, hubby should probably go to the deposition unless the other side is willing to postpone.

Nonetheless, I don't blame him. I wouldn't want to travel from the Sunshine State to Wisconsin in November, either! Pack your mittens!

Take care,
Shuband
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
Thank you again for your help, Shuband. This lawsuit is actually a Breach of Contract suit. For Breach of Contract, don't they have to prove all 4 elements, which would be: formation, performance, breach and damages? To prove formation, you must have consideration or its not a valid contract, isn't that correct? Thanks again, Donna
Customer reply replied 5 years ago
Also, Shuband, we did address lack of personal jurisdiction in our Answer . We used it as an Affirmative Response. Thanks.
Q) Also, Shuband, we did address lack of personal jurisdiction in our Answer . We used it as an Affirmative Response.

Very good! Then the defense is not waived. You need a ruling on the defense before your husband's deposition, otherwise he needs to go. I think, however, that Wisconsin has personal jurisdiction over him, according to the rules I cited above.

Shuband
S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1,628
Experience: Experienced and knowledgeable criminal defense attorney.
Verified
S. Huband, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago
Shuband, Did you read the part of my reply about Breach of Contract?What do you think about that? Thanks.
Hello again!

I did read the post about breach of contract, and I replied, although I do not see my own reply! Here's a rehash:

The standard language in any promissory note is usually enough to pass the formation/consideration test. The best way for me to tell is to review the actual note.

Can you scan and post the actual note here? Or type it in, if it's not too long? I probably just need the preamble part, not all the particular terms and conditions.

Thanks!
Shaun
Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
Hello again, Shuband. I can't scan that to you now, as we're out of town and won't be back home until Tuesday, but when we return, I'll do that. By the way, we're attending a very interesting seminar on representing yourself in court. We're really enjoying it and learning a lot. Thank you again and I'll get back with you on Tuesday.
Donna
Q) By the way, we're attending a very interesting seminar on representing yourself in court.

Awesome! Have fun and I'll talk to you Tuesday!

Shuband
Ask Your Own Criminal Law Question
Ask S. Huband, Esq. Your Own Question
S. Huband, Esq.
S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1,628
1,628 Satisfied Customers
Experience: Experienced and knowledgeable criminal defense attorney.

S. Huband, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Being summoned in civil district court. If someone files a
This is WRT being summoned in civil district court.If someone files a civil suit in district court against you and you never get summoned what-so-ever, and they do have your address, BUT you do respon… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I was charged and arrested on vc1m23152(f) givin a court
I was charged and arrested on vc1m23152(f) givin a court date i hired attorney to show up at court in my behalf with out any notice they post poned because results of blood test were not in been almos… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
Earlier this year the Supreme Court held that not allowing
Earlier this year the Supreme Court held that not allowing access to social media via the internet was an unconstitutional limit on speech. Assuming that I correctly understand that, Can a prohibition… read more
Amadeo Rivera
Amadeo Rivera
JD
78 satisfied customers
I have court tomorrow for shoplifting in Walmart for a shoes
I have court tomorrow for shoplifting in Walmart for a shoes worth $85 do I go to jail for this … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,514 satisfied customers
What are my odds for winning in traffic court concerning the
What are my odds for winning in traffic court concerning the citation I asked you about before?Why do you think this? In my city you go to court on one date to enter a plea of guilty or not guilty. If… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
My grandson is in a court ordered juvenile rehab facility
my grandson is in a court ordered juvenile rehab facility and he has a medical problem that needs treatment and therapy and he has an appointment on the 11th of this month but as the fcats are this we… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
Does Dothan court allow to re-schedule a court date for a
Does Dothan court allow to re-schedule a court date for a speeding ticket if I will be out of town on the date?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I misses court date and issued warrant for that. after that
i misses court date and issued warrant for that. after that i got new court date . it is about failure to register tag . what happens in court in worst senirio … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I'm going to court for a first offense of driving with a
I'm going to court for a first offense of driving with a suspended license in TX. I have already paid the fees to the state to get my license reinstated. What happens if I do not have a lawyer?… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
The court's clerk is tell me the affidavit to the seach
the court's clerk is tell me the affidavit to the seach warrant at my house is still sealed after 60 days even though there was no release date on it. It's in chesterfield, Va.… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
If the original charges in the general district court
If the original charges in the general district court (possession of Marijuana with intent to distribute) were reduced from felony to misdemeanor and listed as nolle prosequi (not prosecuted) then apa… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
60 satisfied customers
Went to court yesterday for my DUI arraignment. The D.A.
Went to court yesterday for my DUI arraignment. The D.A. tried to prosecute me using a driving record that did not belong to me. Is this grounds to have my case thrown out?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
When I came to the district court yesterday to attend court
When I came to the district court yesterday to attend court in small town in Oregon (I flew in there all the way from Sacramento, Cali. and drove 3 hours one way from Portland)... I went to check in w… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
1,812 satisfied customers
Is there a statue of limitations for the court to give a
Is there a statue of limitations for the court to give a trial date from when you were arrested in Alabama for a felony. Specifically "Identity Theft".… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I moved and was mailed a court date for court and fail to
I moved and was mailed a court date for court and fail to appear for a suspsended license and have a bench warrant out for me, what should i do… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
How much is cost submitting court paper to court? Is it in
How much is cost submitting court paper to court? Is it in mail? By messenger? Has to be in person? Please tell me each cost in New York.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x