GUARANTOR ADDENDUM TO THE RETAINER AND PAYMENTS IN ADVANCE AGREEMENT Before signing this agreement below please read this entire RETAINER AND PAYMENTS IN ADVANCE AGREEMENT including this Guarantor portion of this same contract. Should you have any questions or concerns about this contract, please feel free to have your own attorney review the contract and advise you on its ramifications before you sign it. The undersigned Guarantor acknowledges that he has had the opportunity to seek such advice from another attorney.
Whereas the Client named on page 1 above may not have the ability to pay his obligations per pages 2, 3 and 4 above, Client has appointed this Guarantor and Guarantor accepts that appointment to assume responsibility and step into this Client’s shoes under the full monitory terms and obligations to Attorney under this agreement. However if the account has any past due unpaid balance, collections may be pursued against Client as well as Guarantor. Said Guarantor understands and agrees that although the Guarantor becomes obligated for all the Attorney services, fees and costs, the Attorney’s legal obligation is to the Client and details of the case can only be discussed with the Client. In addition to full compliance with all payment requirements as specified hereinabove, Guarantor has other important obligations including keeping Attorney apprised of his/her: (1) Current mailing address; physical address; home, cellular and fax telephone numbers; email address; and (2) Current employer's name; mailing address; physical address; supervisor's name; work, home and cellular telephone numbers, email address. Guarantor must promptly open any and all mail from Attorney's office and respond appropriately as requested therein. Guarantor must promptly return all phone calls from Attorney's office. Guarantor's responsibility continues (1) until the case is complete and Client's remaining account balance is paid in full; or (2) the Court allows Attorney to get out of the case and Guarantor pays the Client's then remaining account balance in full. Please complete the below information as Guarantor. Full Legal Name Physical Address Mailing Address ___ Rent __________________ First Name __________________ Middle Name ____________ City ____________ City __________________ Last Name _____ State _____ State _________ Zip _________ Zip
______________________ Street ______________________ Street ___ Other
___ Own
How Long at above address ______________
Email Address __________________________________ Phone Numbers (please include area code if needed) Work _____________ Ext. _______ Home ____________ Cell ____________ Fax ____________
Can you receive calls at work? ___ Yes ___ No. Work Schedule __________________________ DL State ___ DL # ___________________ SS# __________________ DOB __________________ Guarantee, also referred to as “Client” Client Physical Address _______________ First Name ____________ Middle Name ________________ Last Name (married) _____ State __________________ Last Name (maiden) _________ Zip
_____________________ Street
____________ City
-1-
Guarantor’s Employer __________________ Address ___________________________________________ Job Title ___________________ Duration of Current Employment _________________ Guarantor’s Income last 12 months (all sources) ____________ Where will you get the money for Client’s initial retainer to hire us? ___ Your cash or checking account ___ Your credit card ___ From a third party (relative etc.) named ______________________; ___ Other ___________________________________ In a fully contested divorce, the initial retainer can quickly be used up and need replenished because work is “pay in advance”. If this happens, do you have the financial ability to pay more as your Guarantee’s case progresses? ___Yes ___No. If “No”, please explain how you plan to pay _______________________________________ Permission is hereby granted to Attorney Marilyn D. York, Inc. to obtain my credit report. I understand that a poor credit report will affect the size of the original retainer as well as subsequent ones. ___ I have attached a copy of my current credit rating to expedite the process (available free at creditreport.com). The initial Retainer Amount paid by this Guarantor for this Client is ____________________ LAW TO GOVERN CONTRACT The construction, interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the United States, and the State of Nevada, without resort to principles of conflicts of law. Both parties and Guarantor if there is one expressly consent to: (1) Attorney has the choice of the Reno Justice Court or the Sparks Justice Court having exclusive jurisdiction to adjudicate any small claims dispute arising out of this Agreement; and (2) The federal, state and Washoe County Courts within the State of Nevada will have exclusive jurisdiction to adjudicate any dispute other than small claims per (1) above arising out of this Agreement; and (3) service of process being effected upon it by confirmed fax message or express/courier mail (with receipt) sent to the address set forth in this Agreement; and (4) be bound by orders of such above courts. (NOTE: No representation will be provided until this agreement is signed by Marilyn D. York and your initial retainer fee is received in full.)
I HAVE READ AND UNDERSTAND THE FULL "RETAINER AND PAYMENTS IN ADVANCE AGREEMENT" SIGNED BY THE ABOVE CLIENT AND THIS GUARANTOR ADDENDUM.
_____________________ ___________ ___________________________ ___________
Client (signature)
Date
Marilyn D. York Esq., Pres.
Date
-2-
IN WITNESS WHEREOF, Attorney and Guarantor have executed this agreement at Reno, Nevada, the day, month and year first above written. _____________________ Guarantor _____________________ Marilyn D. York Esq., Pres.
GUARANTOR
STATE OF NEVADA COUNTY OF WASHOE ) ) ) ss:
On this day _________________, there personally appeared before me, a Notary Public, ________________________, personally known (or proved) to me to be the person whose name is subscribed to the above instrument, who acknowledged to me that he executed the instrument. ________________________ Notary Public
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