Lady Luck Loves Lawyers

by Donald W. Desaulniers

  Schenteck had been very careful with his emails and correspondence. Every single message from Guenther had made it clear that Teckschen Limited was the sole customer.

  The only exceptions had been the emails from Heinz Bolter to Steve’s personal email address.

  I pondered that fact for a while and resolved to take a much closer look at that correspondence. I had been remiss by just reading the emails and not delving into the possibility that Bolter’s messages might have left at least some implication that Teckschen Limited was only one of the parties to the homemade contract.

  The scenery was very soothing. The desert landscape and mountains were so different from the parts of Ontario where I had lived.

  As the elevation rose, Joshua trees began dotting the land. The bus driver pointed them out and mentioned that some of those trees were more than 2,000 years old. It boggled my mind that anything could survive for that length of time in such a barren climate.

  A buffet lunch was included in my tour package. The bus stopped at the Colorado Belle and the driver announced that he would depart promptly at six-thirty.

  I wasn’t hungry yet so I didn’t follow the crowd into the dining area.

  Instead I decided to take a stroll along the walkways between the casinos and the Colorado River and have a late lunch once the crowd had thinned out.

  It was about ten degrees warmer in Laughlin than it had been in Las Vegas. A few flowers were in bloom but it was still a bit early in the season for most of them to burst forth.

  I walked up to the Riverside Casino and took in the free antique car exhibit.

  For the first time this trip I felt relaxed and content.

  I walked back to the Colorado Belle by way of the Laughlin Strip road and ate in the buffet.

  After lunch I took a water-taxi all the way down to Harrah’s. The view from the boat was quite stimulating. On the south side of the river there was a small airport and I watched a plane come in to land. On the north side of the Colorado River there were several huge hotel and casino complexes.

  I walked around Harrah’s and then decided that the exercise was good for me and quite invigorating. I walked all the way back to the Colorado Belle using the strip road.

  Since the tour bus wouldn’t arrive for another hour, I sat down at a slot machine in the Colorado Belle and passed the time playing nickel video poker where the maximum bet was only twenty-five cents. My first five dollar bill lasted me for the entire hour.

  The bus ride home was a bit tiring since we took the same route and it got dark before we reached Las Vegas. We crested a mountain and suddenly the magnificent lights of Las Vegas were spread out in the distance. It was an awe-inspiring sight.

  When I was dropped off at the Four Queens, I purchased a submarine sandwich and brought it up to my room. I wasn’t in the mood for gambling.

  I ate my sub with a can of beer and decided that I didn’t feel like going outside. The time on the bus plus the long walks had really tired me out.

  I had brought my Kindle E-Reader along with me, so I dragged it out and checked the various novels that I had downloaded from Amazon.

  One of them was entitled “LUCKY LAWYER” which was a fictional story about a young attorney in New York. The author was an unknown retired Canadian lawyer and I had downloaded the book when he was giving it away free on Amazon.

  Two hours later I had finished reading the entire novel. The villain in the story was an unscrupulous businessman who owned a company. Whenever his company was sued, the wealthy villain would do everything in his power to beat the lawsuit. He even had the plaintiffs murdered if normal delay tactics didn’t work.

  Reading the book provided me with an inspiration.

  Guenther Schenteck appeared to be almost as unscrupulous as the bad guy in the novel. Even though Guenther was rich, he was still willing to ruin an honest chap like Steve for no better reason other than Schenteck knew he could get away with it.

  In the novel, the young lawyer had sued the villain and his company and then survived a hit-man’s attempt to murder him.

  That fictional event in the book triggered a possible new strategy to pry some money out of Guenther Schenteck. On Monday I would do some additional searches in furtherance of my new game plan.

  CHAPTER 11 (A Glimmer of Light)

  On Sunday I ate a massive breakfast downstairs at Magnolia’s and then examined the email correspondence from Heinz Bolter more carefully.

  There were five email messages in total. Bolter hadn’t copied anyone else in to the messages and Steve had likewise replied solely to Bolter.

  Four of the messages related to specifications for the part being manufactured and were of no help in drawing Guenther Schenteck personally or G. W. Schenteck Inc. in to the net of liability.

  The fifth message confirmed the time that Bolter would drop off a check to cover the cost of an expensive component.

  That email contradicted Steve’s statement that he hadn’t received any money from Schenteck.

  Just before noon I changed in to my suit, checked out of the Four Queens and walked with my sports bag over to the El Cortez. My new room was ready for me when I checked in. It was a small room in the older section of the hotel but the room had been quite recently renovated.

  I took a taxi to Steve’s home and arrived there a few minutes after one o’clock.

  I accepted Maria’s offer of a cup of coffee and we sat down at their kitchen table.

  “I hope you have some good news for us,” Maria implored when we got down to business.

  “I’ve searched the property records quite extensively. Guenther Schenteck owns his home jointly with his wife and they have no mortgage on it. He also owns four other homes in Las Vegas and they are all free and clear. His company G. W. Schenteck Inc. owns the office and fabricating building that Steve showed me and title to that property is subject to a small mortgage. Unfortunately Teckschen Limited, the corporation named as the party in your contract, owns no real estate whatsoever.”

  “Then Guenther was truthful when he bragged that Teckschen Limited had no assets,” Steve moaned.

  “I’m unable to confirm whether that company has any bank accounts or other investments. You told me that no payments had been made to you, but one of the emails from Heinz Bolter indicates that he was dropping off a check to you so that you could purchase an expensive component.”

  “You’re right, Scott. I’d forgotten about that. One of the parts I required to complete the order cost $11,500. I didn’t have the funds to purchase it and had to request the payment so that I could continue the job.”

  “Who did you negotiate with about that issue?”

  “Guenther was out of the country so Heinz looked after it.”

  “Did you keep a copy of the check?”

  Maria answered that she had deposited it using her smart phone to take a photo of it which meant that the original was still in her possession. She excused herself while she went to locate it.

  A few minutes later Maria returned and handed the check to me.

  It was drawn on the account of a numbered company rather than from either of the corporations bearing Schenteck’s name.

  “I assume that this check cleared.”

  “Yes it did,” Maria replied.

  “Did you notice that it was from the account of a numbered company?”

  “I didn’t,” Maria answered. “Did you notice that, Steve?”

  “I didn’t either. I was just relieved to have received the funds. What difference does it make?”

  “If Teckschen Limited is merely a shell corporation with no assets, then I was thinking that perhaps something in the correspondence might legally implicate Guenther himself or his other company as parties to your contract even though they weren’t specifically named in it. This check from the numbered company is the first evidence that might support my idea.”

  “Is there anything more you can do to help us now?” Maria implored.

  “Tomor
row I’ll check the property records to see if this numbered company owns any real estate. I’ll need a copy of the check. Do you know whose signature is on this check? I can’t read it.”

  Neither Steve nor Maria had any idea who had signed the check.

  I dug into my borrowed briefcase and pulled out my copy of the original contract which had been signed by Guenther Schenteck as President of Teckschen Limited. It definitely wasn’t his signature on the check.

  “I’ve got another avenue of exploration to do tomorrow as well. I should have a better idea in a couple of days whether your cause is hopeless or not.”

  “Maria and I really appreciate what you’ve done for us, Scott. Even if it turns out that we’re totally screwed, at least you’ve managed to discover the information I wasn’t able to find.”

  Steve gave me a ride back to the El Cortez.

  CHAPTER 12 (Interesting Times)

  When I got back to my room, I re-examined the file that I’d put together in order to determine who had signed that check.

  Finally I spotted a match when I looked at the signatures on some of the corporate filings of G. W. Schenteck Inc.

  The signature on the check was that of Heinz Bolter.

  With that information at hand, I pulled out the emails sent by Bolter to Steve and read them over again very carefully.

  There was no mention anywhere of the numbered company which issued the check.

  In the body of two of the emails dealing with the specifications for the piece of equipment being built by Steve, Bolter had used the term “corporations” in the plural when setting out certain technical requirements of the new gadget. He had also used the term “purchasers” several times.

  It wasn’t much to build an argument on, but at least Steve had something to hang his hat on if claiming that G. W. Schenteck Inc. was a party to the contract by implication. The same could be said for the numbered company if my searches tomorrow turned up any assets owned by that corporation.

  On Monday morning I ate breakfast in the El Cortez coffee shop and then came back to my room.

  My first task was conducting a corporate records search on the numbered company in order to ascertain who its officers and shareholders were.

  I found the on-line company filing with no difficulty and downloaded a full copy of the information.

  This company had only two officers and shareholders. Guenther Schenteck was the President and he owned ninety percent of the company shares. Heinz Bolter was the Secretary and Treasurer and he owned the remaining ten percent of the numbered company. The Articles of Incorporation indicated that either Schenteck or Bolter had the legal authority to sign contracts and all other company documents.

  I grabbed a taxi to the Land Registry Office and did a name search of the numbered company. It owned one property.

  I searched the title to that parcel of land and discovered that it contained a factory. Although there was a hefty mortgage registered on title, I suspected that the property was much more valuable than the face amount of the mortgage.

  The clerk who had been so helpful the other day was working so I approached her.

  “I’m helping a friend navigate the intricacies of Nevada property titles but I’m a retired real estate attorney from Canada and I’m not familiar with your Nevada system. Could I trouble you to answer a few questions if you’re able to?”

  “I’d be happy to help you, sir. What would you like to know?”

  “My friend is in a legal dispute with a corporation over an unpaid contract balance. The mechanic’s lien period has already expired but my friend is considering a lawsuit against two other companies owned by the same gentleman who stiffed him. Is there some document that can be registered against a real estate title notifying the public of the pending litigation?”

  “A lis pendens, which means pending lawsuit, can be registered in most circumstances.”

  “Does your office have a copy of the form required?”

  “Yes, I’ll find one for you. The full legal description must be shown on the form before we can accept it for registration.”

  “Is there also a form that my friend could complete and sign vacating the lien?”

  “There is such a form and it’s quite simple. I’ll get one of those for you as well.”

  The lady went to a nearby file cabinet and within two minutes returned with the legal forms.

  “Does the lawsuit have to be formally commenced before the lis pendens can be registered?”

  “That’s not a requirement. Of course the owner of the land can seek a court order vacating the instrument.”

  “Does the lis pendens need to be formally served on the defendant before it can be registered?”

  “No it doesn’t. Our office doesn’t concern itself with the validity of the document. That’s an issue between the parties themselves. All our office checks for is that the document meets our registration requirements regarding the legal description of the property being encumbered.”

  “Can the document be registered against more than one parcel of land owned by different corporations?”

  “The legal form wasn’t created with that scenario in mind. You would really need to file a separate document for each corporation but you can photocopy the forms I gave you. Make sure that you use black ink. Sometimes we bounce any instrument if the signatures or content have used light blue ink because it doesn’t show up when we microfilm the document.”

  “I have another question which is unrelated to real estate. The gentleman who took advantage of my friend acts like he’s pulled similar shenanigans in the past. Do you happen to know whether the courts keep public records of plaintiffs and defendants in lawsuits? I thought I’d search the nasty gentleman’s name as well as his company names to ascertain if he’s been involved in other legal disputes.”

  “I don’t know the answer to that one but the Nevada Eighth District Court offices are in this building on the second floor. You could inquire there.”

  “That’s very helpful. Thank you so much.”

  “Good luck with helping your friend. I hope he’s successful in his quest for justice.”

  “Nothing would give me more pleasure. Thanks again for your assistance.”

  I found the court office with no difficulty. It was quite hectic but I waited my turn.

  The lady who served me was rude and dismissive. She snapped that I needed a court file number in order to search the records. Of course I didn’t have such information.

  When I inquired if there was an alphabetic filing of pending or completed civil lawsuits, the woman was evasive and said that only a Nevada attorney could access such information and that a proper appointment time had to be set up in advance.

  Despite her rudeness, I thanked the woman for speaking with me.

  I managed to find a taxi as soon as I left the building and was back at the El Cortez by one o’clock.

  CHAPTER 13 (Factory Visit)

  I phoned Steve and he agreed to pick me up and drive me to the site of the factory owned by the numbered company.

  When we got there, the name on the sign was “G. W. SCHENTECK INC.” and it appeared to be a bustling enterprise. There were at least forty cars parked in the employee lot.

  “Were you aware that this place existed?” I asked Steve.

  “No I wasn’t but Heinz Bolter did mention in passing one time that the machine component I created was going to be used off-site. I took that to mean that it wasn’t destined for the small fabricating shop behind Schenteck’s office building.”

  “Would you recognize the component you made if it was attached to a larger piece of equipment?”

  “I would. I’d be interested to know if it’s working as designed. Let’s go inside and ask. I can introduce myself as the manufacturer of the component and say that I’m doing an evaluation of the product I created.”

  We walked in the factory office together.

  Steve did the talking.

  “Good afternoon
, Miss. By any chance is Heinz Bolter in today?”

  “He was here for a while this morning but he’s already gone.”

  “That’s a shame. I’m Steven Carling and I built a specialized component for your company. I wanted to talk with Heinz or one of your engineers to ensure that the part is doing what it was intended to do.”

  “Our head engineer is on site. Let me page him for you. Please take a seat while I track him down.”

  Steve and I waited. After about five minutes a man with a hard hat appeared in the office and approached us.

  Steve introduced me as his associate and explained why we were here. The engineer was acquainted with the machine in question and led Steve to the factory floor so that he could see the machine in action.

  I waited in the office.

  The receptionist began talking with another woman whose desk was only a few feet from the main counter. I eavesdropped on their conversation.

  “I sure hope the new owners don’t decide to lay off any of us, Darlene. I’m really worried. I need this job.”

  “We’ll know soon enough. The sale is supposed to close on Valentine’s Day next Wednesday.”

  “That’s just great. Happy Valentine’s Day, people! By the way, instead of a nice card and red roses, we’re giving you a pink slip.”

  “Don’t worry so much, Becky. It’s totally out of our hands.”

  At that point the phone rang and Becky had to take the call.

  The ladies never resumed their conversation.

  Steve returned about thirty minutes later and thanked the engineer for showing him around.

  As we walked back to the car, he confirmed that his component was in this factory and that it was working perfectly.

  “Is Maria home right now?” I inquired.

  “She should be. Her shift doesn’t start until seven o’clock this evening.”

  “I need to discuss our new game plan with the two of you and I also need to bang off a letter using your computer.”

  “Let’s head back to the house now.”