Episode Transcript
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Speaker 1 (00:00):
You're listenings k fly AM six forty. The bill handles
show on demand on the iHeartRadio app. This is handle
on the law marginal legal advice, where I tell you
you have absolutely no case for someone coming into this
country and trying to become legal. It's no small deal anymore.
(00:24):
It's gotten more and more difficult. So one of the
things that people do is marry an American.
Speaker 2 (00:32):
That was always the end all be all.
Speaker 1 (00:34):
You just married an American and you were in good shape.
You made an application first you get married, and then
you'd apply for a spousal residency or green card residency
based on the fact you were married an American, and
then the laws and you could stay in this country
until that happened. And then policy changed and someone who
married an American and is applying for residency, legal residency
(00:58):
has to do it outside the country.
Speaker 2 (01:02):
They have to go back to where they.
Speaker 1 (01:03):
Came from and apply at a consulate, an American consulate,
and then get permission to come in the United States
to be with their spouse. And that was the policy.
And I mean, here's the problem. You can see it
sort of happening, except you be It could be years
that people would be waiting to get in legally. So
(01:28):
what the Biden administration did was change it and said
that spouses of US citizens would not have to leave
the country, would be able to stay in the country,
would be able to work, and basically have their green
card without having a green card waiting for the actual approval.
(01:51):
And so that was the new policy under the Biden administration,
which is now in place. Except US District Judge Campbell
Barker comes in and says nope. Sixteen States Republicans, led
by Republican attorneys generals, challenge the program that would benefit
five hundred thousand people, by the way, and another fifty
(02:14):
thousand of their kids.
Speaker 2 (02:16):
And here is the argument that.
Speaker 1 (02:18):
The States used, because what do the states have to
do with immigration? Well, the States said that allowing those
people in is costing US tens of millions of dollars
annually for services such as healthcare, law enforcement because of
immigrants living in the States without legal status. So there
(02:41):
are illegal aliens living in our state that we have
to pay for. It's costing US tens of millions of dollars,
and you are saying they can be here legally and effectively.
I think if the federal government paid for it. All
the states wouldn't have a case. And the judge said,
you're right, absolutely right. You know, the old policy goes
(03:02):
into place, and it is it can be years, I
mean years. My goddaughter is marrying an Indian and his
name is Raj and we call him to the Raj Mahal.
Very very nice guy, very smart. He's here on a
(03:23):
work visa. I mean, he's has bought as high end
as you can get in the world of it, and
he if he had to go back to India to
wait and apply there, it's a ninety nine year weight.
Speaker 2 (03:38):
I'm not kidding. It's nine year weight. Yeah. That's special,
isn't it. Okay, let's go ahead and take some phone calls.
Let's see all right, Lydia tattooed. Lady Lydia, gosh, you
remember me?
Speaker 3 (03:58):
So thank you for I remember.
Speaker 2 (04:00):
I don't.
Speaker 1 (04:01):
By the way, I just made that joke up because
it was a grout your March's song.
Speaker 2 (04:05):
Okay, what can I do for you, Lydia?
Speaker 4 (04:08):
Okay?
Speaker 3 (04:08):
Bill, So I have r A and AR theoparaosis.
Speaker 2 (04:12):
Okay, what what is r A. It's some kind.
Speaker 3 (04:16):
Of yes and the snatio immune disorder.
Speaker 1 (04:21):
Yeah, I know arthritis is, but okay, so you have
r A.
Speaker 3 (04:25):
Okay, Yes, I have been in treatment for that, taking
him area for about three years and I have been
doing fine on that. I moved from one area to
another area, so I was forced to go see another rheumatologist.
When I went to go find me another rheumatologist, this
(04:45):
real second rheumatologist determine she was not going to look
at my past medical history. She said, I'm going to start.
Speaker 2 (04:52):
From day one.
Speaker 3 (04:53):
She ran her own tests and determined that I do
not have r A and I don't have us paralysis.
She took me off everything. For the next two years,
I was not in any kind of treatment. Fast forward
two and a half years later, I am having a
lot of medical issues. My I had two surgeries on
(05:16):
myney right.
Speaker 2 (05:18):
And in the last two years, you had two surgeries.
Speaker 3 (05:22):
Yes, one on my wrist and one and one on
my knee. Went to my primary doctor and she said,
you know it all has to do with your RA.
Go back to your rheumatologists. Rheumatologist again says you don't
have r I went back to my first rheumatologist and
she said, how can you not be on treatment. I
(05:45):
told her second rheumatologist is I don't have r A
all right?
Speaker 2 (05:48):
So what all right? Got it?
Speaker 5 (05:49):
Uh?
Speaker 2 (05:49):
Lydia? What's your question?
Speaker 3 (05:51):
Okay, Matthew Burrows is out of control? Is very severe?
Speaker 2 (05:54):
Now I am?
Speaker 3 (05:56):
I am un injectables now or pills are out of
the question now, okay, all.
Speaker 1 (06:01):
Right, I understand. So you have some severe, severe medical issues.
Now a couple of questions that any attorney who is
dealing with medical malpractice will ask you. And by the
way you walk in and he immediately he or she
sends you to his or her own rheumatologists for analysis
and looks at all the medical records.
Speaker 2 (06:23):
Is how much damage?
Speaker 1 (06:26):
How much worse did it get from the time the
second roeumatologist took you off the medication? How let me
put it this way, the injury that you have suffered,
would you not have suffered if they didn't take you
off the medication? Is there a clear cut connection there?
Speaker 2 (06:46):
Do we know? Yes?
Speaker 4 (06:49):
According to okay, then it sounds like you have a
very good medical malpractice case because if it is determined,
and obviously it's gonna be another set of doctors.
Speaker 1 (07:04):
If it's determined that you do have r A. And
your second doctor just blew it. Should have known, just
blew it. Took you off medication and you got so
progressively worse that you needed a bunch of surgeries. Had
you taken the medication that doctor number one kept giving you,
(07:26):
you would not be as bad off physically as you
are now. Don't know the answer is to what extent?
Now you're getting into the weeds. Now you're talking about
to what extent? And this gets complicated. Now, how badly
are you injuring your medical issues?
Speaker 2 (07:44):
Can you move? Can you write? Can you drink? Can
you pick up a cup?
Speaker 3 (07:51):
That's the thing, Bill, It's hard for me to walk
now because my pain is so bad in the little.
Speaker 2 (07:57):
Okay, all right, so we're talking some serious stuff.
Speaker 1 (08:00):
Okay, got it, all right, we're talking some fairly serious stuff.
Speaker 2 (08:03):
All right.
Speaker 1 (08:04):
Get you to a medical malpractice attorney. That's where you're
gonna go.
Speaker 2 (08:07):
Right now.
Speaker 1 (08:08):
You're gonna find yourself a medical malpractice attorney.
Speaker 2 (08:11):
And now the.
Speaker 1 (08:12):
Hard part is researching which ones are there. I don't
know if we have any med mal attorneys on Handle
on the law.
Speaker 2 (08:19):
You may handle on the law dot com.
Speaker 1 (08:22):
You can try you Once you go to handle on
the Law dot com and you'll see a bunch of
phone numbers and you'll probably talk to an attorney named
Mark who's very good. He doesn't do medical malpractice, but
he refers to people who does.
Speaker 2 (08:34):
Try that one out. Okay, thank you, WHOA sorry about that?
You know. Yeah, we suffer from a cold.
Speaker 1 (08:44):
Usually try to hide it, and it's kind of hard
to hide when you're sitting behind a microphone.
Speaker 2 (08:49):
This is Handle on the Law.
Speaker 6 (08:52):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (08:59):
As we continue on with our last hour, we still
have some lines open eight hundred five two zero one
five three four eight hundred five to two zero one
five three four. For the first couple of hours we
were jammed, so please feel free to jump in or
right now.
Speaker 2 (09:16):
You didn't hear me ask for phone.
Speaker 1 (09:17):
Numbers for the first couple of hours, but we have
some lines open now.
Speaker 2 (09:21):
You never know.
Speaker 1 (09:22):
This is what's weird about this program. There are days
when you can't get in for three hours because we're
so jammed, And then there are days when just people
don't want to call, They just want to listen to
me abusing and harassing and humiliating folks, which I can understand.
It's kind of fun. I mean, if I had my brothers,
I'd love to listen to someone humiliating and abusing you.
(09:44):
But it's my job, so I've got to do it.
This is Handle on the Law, Marginal legal advice where
I tell you you have no case Martha.
Speaker 3 (09:59):
Now O Martha, Hi, Bill, congratulation on this podcast.
Speaker 7 (10:04):
I'm definitely going to listen to you.
Speaker 2 (10:06):
Oh, thank you. I appreciate that.
Speaker 1 (10:09):
It's the Bill Handles Show podcast. Good, thank you for
doing that. Lovely segue on Apple Spotify, iHeartRadio app wherever.
Speaker 2 (10:19):
All right, Martha, you've just made a friend for life.
What can I do for you?
Speaker 7 (10:24):
Okay, I buy this condle, and underneath I have a
neighbor that is never there. Now he moved back, and
this man never leaves the house and a.
Speaker 8 (10:35):
Smoke none stop.
Speaker 5 (10:37):
And I want the.
Speaker 7 (10:38):
Man to be happy and whenever the hell he.
Speaker 2 (10:40):
Wants in his house, he has that right.
Speaker 8 (10:43):
The problem is that the smoke is coming at my condle.
Speaker 2 (10:48):
And okay, okay, let me ask you. Okay, I got
a question.
Speaker 1 (10:52):
So he is smoking in his house, and you're right,
he has a right to enjoy his house.
Speaker 2 (10:57):
He can smoke in his house.
Speaker 1 (10:58):
How is the smoke from his condo reaching your condo?
Speaker 2 (11:02):
Can you connect physically? What's going on?
Speaker 8 (11:08):
I'm well, I think it's infiltrates through the walls. And
he he's always inside, he never never leaves.
Speaker 1 (11:19):
No, I understand, you know, I mean infiltrate the walls
with smoke.
Speaker 2 (11:24):
I don't know, Martha, you know.
Speaker 9 (11:27):
Yeah, No, I'm not joking.
Speaker 2 (11:29):
I'm not joking.
Speaker 10 (11:30):
I'm not.
Speaker 2 (11:30):
No, I believe you. No, No, I don't. Please, don't misunderstand.
I'm not. I'm not attacking you, especially after you pitch
my podcast.
Speaker 1 (11:38):
Sou But I never heard of smoke going through a wall.
Speaker 2 (11:44):
Uh? And that one I just don't get. Is there
any other way?
Speaker 1 (11:48):
Are there vents? Are there common vents? Is going through
an open window?
Speaker 7 (11:54):
I believe there's common vent?
Speaker 1 (11:55):
Okay, you've had to Okay, Martha, you have to find
out what it is, specifically where it's coming from. You
just can't say you're smoking and I'm smelling it. Do
you physically see the smoke or you just smelling the smoke?
Speaker 2 (12:10):
Just smelling interesting? All right?
Speaker 1 (12:15):
You got to figure out where it's coming from. That's
for starters. You also have If you live in a condo,
there's an HOA, a homeowner association.
Speaker 2 (12:23):
Of course, right, yes, I call.
Speaker 1 (12:26):
Them, contact them and say, hey, this is going on.
What is happening. This should not be happening. Are their
common wall issues here? That's where you would go at
this point. First go to the HOA because that that's
a good starting point, because I don't know where else
you got to go at this point. I mean, you
can't say a lawsuit you have to stop smoking based
on the fact that the smoke is coming through the walls.
Speaker 2 (12:51):
That's I think that's tough. I do.
Speaker 1 (12:54):
Tyler, Hello, Tyler, welcome, Sure, sure, firm Tyler, you asked
me questions.
Speaker 2 (13:05):
That's the way it works.
Speaker 9 (13:08):
I have a neighbor, and I live in a gated
community some condos, and I have a neighbor across the
way from me that is constantly honking his horns day
and night. It keeps me my brother up, and I
want to be a good neighbor, but I'm.
Speaker 2 (13:22):
Not sure what I should do.
Speaker 1 (13:24):
Okay, first thing, just like the previous call, Tyler, you
get hold of the HOA. If your neighbor is doing
what you're saying, then I guarantee you he is a
violation of the HOA rules, and the HOA is going
to come in before anything else. The HOA comes in
and will start will start giving him notices, will start
(13:49):
issuing violations.
Speaker 2 (13:50):
Have you tried that?
Speaker 5 (13:53):
I have not?
Speaker 9 (13:53):
Now probably the next thing other than do should I
try recording recording his house just so I can have
evidence of I don't.
Speaker 1 (14:00):
I mean they can ask, I mean, he can deny it.
But let's say the h o A starts contacting your neighbors.
Are are they going to say I never heard the
the alarm go off or I never heard the honking.
Speaker 9 (14:12):
That's true.
Speaker 1 (14:12):
I mean it's either your making either they all hear
it also, or Tyler, you're out of your mind and
you're hearing things.
Speaker 5 (14:22):
Well.
Speaker 9 (14:22):
I think I think the neighborhood's been really kind of
leaning on him because I think he's okay.
Speaker 2 (14:26):
Then then you go to the h o A.
Speaker 1 (14:28):
What I would do actually is get a letter and
have your neighbors sign it. And you want to complaint
not just from you to the h o A. You
want to complaint from your neighbors also. And the more
the merrier, now the h o A depending on who's
on the board can blow someone off. If it's one
person complaining, they're gonna go fine. If it's five people
(14:51):
complaining that our neighbors in that area, that leans uh.
That lends a lot more credence to that complaint. So
you start with that one and see what the HOA
does and they'll sanction am I. Their hoas have a
lot of power in this state. So let me ask
you about business. What do you think the future holds?
(15:12):
You asked nine experts, you're gonna get ten answers. You
know what's the market gonna do?
Speaker 2 (15:16):
I don't know. Inflation, well, it's going down, it was
going up. You just don't know.
Speaker 1 (15:22):
So how do businesses figure out which way it's going
to go? I mean, you really don't know. But you
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Speaker 2 (15:33):
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Speaker 2 (15:53):
You're not looking at the past.
Speaker 1 (15:55):
You're looking at what's going on right now, real data
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Speaker 2 (16:03):
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Speaker 1 (16:06):
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Speaker 2 (16:10):
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Speaker 1 (16:13):
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(16:34):
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Speaker 2 (16:39):
This is Handle on the Law.
Speaker 6 (16:42):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:49):
Handle on the Law Marginal Legal Advice. Mary. Hello, Mary,
you're up. Welcome, Hi Bill, Yes, ma'am.
Speaker 11 (16:58):
So I am helping woman an eighty four year old
woman at my church who rented a suite. It was
in her house with a little kitchenette to someone and
that's someone she gave a thirty day notice to after
four months, the person responded with filing a lawsuit and
unlimited civil for hundreds of thousands of dollars.
Speaker 2 (17:21):
How has that person been damaged? What are they saying?
Speaker 11 (17:23):
So? So she is claiming that she was living in
a converted garage. Okay, this is not true.
Speaker 2 (17:31):
Code, It doesn't matter, It doesn't matter. How is she damaged?
Speaker 11 (17:34):
She's she's asking for all the rent she paid for
four months because it was an unpermitted.
Speaker 1 (17:41):
Nah, it doesn't work that way. Now, doesn't work that way.
She can ask for anything. Here's what's happening. She can
ask for anything she wants. You can ask for five
million dollars for all I care. Now, is there an
attorney involved?
Speaker 11 (17:55):
There was an attorney involved. He helped her initially to
write some very threatening letters to the old boy. And
then when she filed the lawsuit, so she filed in
pro se.
Speaker 1 (18:06):
Okay, so she's on Okay, So she filed on herself
because the attorney didn't want to touch.
Speaker 2 (18:10):
It, all right.
Speaker 11 (18:12):
He doesn't want to, said, of.
Speaker 2 (18:13):
Course not, because I'll tell you why.
Speaker 1 (18:16):
Because the attorney can get hit with malicious prosecution or
abusive process. So no, there's no way she can what
I would do is just say, now she has to
answer the complaint. Okay, eighty four year old elder lady
has to answer, has to answer the complaint. We did that, Okay,
(18:36):
then you go, let's set a trial. Let's go, let's
go to court. You tell her, let's go to trial. Okay,
you tell you tell a judge how it is worth
hundreds of thousands of dollars for you to live in
a place that is a converted garage, which, by the way,
(18:57):
is not And here are the photos, right, Uh, she's
not gonna it's this is blowing smoke. Mary, this is
blowing smoke. This is uh, this is actually elder abuse.
Speaker 11 (19:09):
Well that's what we said. In fact, we cost the
elder abuse. And they said we can't help you because
it's a civil litigation.
Speaker 2 (19:14):
It is civil. Well that happens all the time.
Speaker 1 (19:16):
But I would do is uh write the letter to
her and say we are now looking. Uh, we went
and got an attorney. We talked to an attorney. Uh,
don't mention my name because those if she knows who
I am, she starts laughing immediately, So that's off the table.
And just say we've consulted with an attorney. And we
(19:37):
believe you are guilty of elder abuse and we will
go forward with this. We will go forward and sue
you for elder abuse. In terms of what you're doing.
This will go away, by the way, Mary, this will
go away.
Speaker 11 (19:50):
What should we file a cross complaint?
Speaker 1 (19:53):
You could, you know, but it doesn't matter. I mean,
in fact, this just goes away, and you can and
you can file the complaint anytime you want, just you know.
Speaker 2 (20:01):
But you amend your answer and you file the cross complaint.
Speaker 1 (20:03):
It doesn't matter, just the accusation of elder abuse because.
Speaker 2 (20:06):
You're not going to take it to trial either. No,
we don't want to, right, So you just what she's doing, you.
Speaker 1 (20:12):
Know what this Yeah, what this woman is doing is
just trying to take advantage of a little old lady
and thinks that she's going to be able to extort someone.
Speaker 2 (20:24):
How strong is your little old lady friend?
Speaker 11 (20:27):
She's not that strong.
Speaker 2 (20:28):
No, no, no, I'm talking about no, no, not physically. How
strong is she emotionally?
Speaker 10 (20:33):
Not?
Speaker 11 (20:34):
She's being treated now for stress.
Speaker 1 (20:36):
Okay, so she now let me ask you something. Is
she frightened of this?
Speaker 11 (20:41):
Yes?
Speaker 2 (20:42):
All right?
Speaker 1 (20:42):
Well then, uh, then the lady who sued her is
absolutely right. She's got someone who's vulnerable, and that happens.
Speaker 2 (20:54):
That happens.
Speaker 11 (20:55):
Can we expedite getting this to trial by yes?
Speaker 1 (20:59):
Yes, oh god, yes, she's eighty four.
Speaker 2 (21:03):
Yep.
Speaker 11 (21:04):
So what do I stile to ask to the well here?
Speaker 2 (21:07):
I mean this is you're going to hire an attorney.
It's going to cost you money.
Speaker 1 (21:11):
Although there are organizations out there that do help little
old ladies.
Speaker 2 (21:16):
Who get sued under these circumstances.
Speaker 1 (21:18):
There are pro bono organizations that help people, and you
can look them up.
Speaker 2 (21:23):
You can just do some search words.
Speaker 1 (21:25):
You can go ahead and Google and just start searching
elder abuse civil cases. By the way, elder abuse involve
civil cases, not just criminal, and just go elder abuse civil.
Speaker 2 (21:40):
You got landlord tenant.
Speaker 1 (21:43):
You know, you throw these words out, little old ladies
getting sued, You throw that out and you just you'll
find someone. Believe this woman is going to go away
very quickly. It's pure extortion. And you've got to tell
your friend, you're elderly friend, you got to hold loose,
You got to hold on because this You can't let
(22:05):
her win on this, and you're.
Speaker 2 (22:07):
Going to win, all right, I know, Okay, you're going
to be fine.
Speaker 1 (22:11):
So yeah, tell her you're going to be okay, say
you're going to be fine.
Speaker 2 (22:15):
Stop it, relax all right. Yeah.
Speaker 1 (22:20):
I hate people that do that, you know, they do
take advantage of Can you imagine It's an un permitted
place that I've been living in for four months and
now I want hundreds of thousands of dollars just to
scare someone. It just gets really, it's very depressing.
Speaker 2 (22:37):
Jeff, Hello, Jeff, welcome, Hi.
Speaker 5 (22:40):
Bill, Thanks taking my call here. Sure, a little bit
of a long story. I'll make it as short as
I can here, please. I bought a twelve bucks apartment
building here two years ago. I had a tenant that
he passed away. I painted the apartment to cover up
some smells in the apartment in the winter time in
January with a oil based primer. I opened up the
windows after things were done, not all the way I
(23:02):
vented what I could. I've done plenty of painting in
the past. The paint did not hear right, and it
has a very bad toxic smell to it when the
windows are closed up from there and you get sick
from it. My brother helped me with some painting. We
opened up a claim ticket with a major paint company,
and they gave me some remedies to try and do.
(23:24):
I did some of my own, including baking the apartment
with a heater, having it up to one hundred degrees
for nine hours a day for two days in a row.
Speaker 2 (23:31):
All right, I got it.
Speaker 1 (23:32):
So, yeah, I got it, and so and you've already
asked them to straighten this out, and they came out
and gave you some remedies.
Speaker 2 (23:38):
And the remedies didn't work, right, And.
Speaker 5 (23:41):
Now yep, now they've got that. Sorry for your inconvenience.
There's nothing more we can do.
Speaker 2 (23:46):
I can sure there is. They can.
Speaker 1 (23:48):
No, there's plenty more they can do. They can defend
the lawsuit. I mean, clearly they're responsible. And what based
on the fact that the paint is obviously the paint
doesn't work. It's probably either badly designed or something's wrong
with that batch.
Speaker 2 (24:09):
And yeah, here's the problem you're going to have.
Speaker 1 (24:11):
First of all, you've got to get out, You've got
to get a bid, and you have to get a
cost estimate. What is it going to cost you to
undo this, scrape the paint off, repaint it. I have
no idea what that's going to cost. But that you're
going to have to know that's your claim, all right. Also,
if you're renting the place, you're also going to argue
(24:32):
it's been taken off the market for X number of
weeks or months based on their negligence or their defect,
the paint defect, and that's added to the damages. They're
going to come in and say that the paint is fine,
that it is somehow your fault. I mean, I don't
think they're going to roll over and they're simply going
(24:52):
to say, yeah, it's not our problem because there's nothing
wrong with our paint and Jeff did something wrong he
applied it. But I think it's a pretty good lawsuit.
I really do straight out civil lawsuit. You think it's
going to cost one hundred ten thousand dollars to redo this?
Speaker 5 (25:09):
No, I'm thinking it's going to be twenty plus because
I have to replace the doors, to trim everything everything.
Speaker 1 (25:13):
Right, Well, then you're gonna right, all right, Then you're
going to should I ask them?
Speaker 5 (25:19):
Should I ask them first? Say hey, will you just
pay this before we go to court? Yeah, and absolutely
send money on lawyers.
Speaker 1 (25:25):
Yes, you asked them to Yes, Hey, it's going to
cost me twenty grand.
Speaker 2 (25:31):
What are you going to do about it? Your paint
is defective? Yeah?
Speaker 5 (25:35):
Right. So if they still say no, what type of
lawyer am I looking for?
Speaker 2 (25:39):
To any civil lawyer and any civil lawyer, any civil lawyer.
Speaker 5 (25:43):
I don't need no big hot shot lawyer.
Speaker 1 (25:44):
No, no, no, you don't need a hot shot. This
is a this is you can actually do it yourself.
It's a little bit of work, but it's I know,
what are they They're going to say that the paint
is fine and that you applied it wrong, and you're
going to tell your story.
Speaker 5 (26:00):
Yep. My brother has been to the doctor for it too,
and he's still having some health problems.
Speaker 1 (26:04):
But well, now you're talking if your brother has health
problems because of the paint. Now you're talking about now
you're talking about a personal injury lawyer, and you're in
a different uh, in a totally different.
Speaker 5 (26:15):
Have a tough time with it because he smokes, and
that's gonna come right, Yeah.
Speaker 2 (26:18):
That's not gonna do it. Yeah, you're right, they're gonna
say he smokes. You just said that.
Speaker 5 (26:22):
Hey, so try it on my own purse. If they
say no, then I go after him with you a
lawyer get all my bits together.
Speaker 2 (26:29):
Yeah, because you're can amend the complaint. You can.
Speaker 1 (26:31):
Yeah, you can just do a little bit of research
because you're gonna pay several thousand dollars to a lawyer
on this. So yeah, I would, Yeah, I would try it.
And the only point is you don't want to get
it dismissed.
Speaker 2 (26:42):
That's the issue. Uh, this is Handle on the Law.
Speaker 6 (26:49):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (26:57):
Handle on the Law, marginal legal advice. I tell you
you have absolutely no case.
Speaker 2 (27:03):
And a quick reminder.
Speaker 1 (27:04):
My podcast is up and running. The Bill Handleshow podcast
started a couple of years ago, a couple of months ago,
and it's every Tuesday and Thursday at nine a m.
Pacific time. Tuesdays and Thursdays is when it drops. And
it is me doing not this show and not my
(27:25):
morning show Monday through Friday. It is the podcast and
I go all out. I mean the topics it's all
over the place, analysis and history and comedy and human interest.
Speaker 2 (27:38):
I mean it's all different topics and you can.
Speaker 1 (27:40):
Go get it on Spotify, also on iHeartRadio app on Apple.
That's the Bill Handle Show podcast and the website is
the Bill Handles Show podcast dot dot com. Billhandleshowpodcast dot com.
Speaker 2 (28:00):
Suh, take a listen, take a look.
Speaker 1 (28:02):
It's always appreciated, certainly by me, if not by you.
Speaker 2 (28:08):
All Right, back we go, Yeah, we are right. Gary.
Hi Gary, Hi, Bill.
Speaker 10 (28:17):
I've got a quick question for you. I sent a
check to the Internal Revenue Service at the end of
twenty twenty two. It was cashed at the same bank
it was written from in January of twenty three. I
got a letter in September of twenty three that the
IRS never received the check, so the check was fraudulently
(28:39):
cashed by somebody else, even though it had the check
made out to the IRS and the back of the
check said Federal Reserve Board. How do I go after
the bank?
Speaker 2 (28:53):
Wow?
Speaker 1 (28:53):
Yeah, Well, you know I'd die dealing with the IRS.
First of all, I've always gone to my accountant. I
think what you have to do is, instead of you
doing this, you're going to have to go to an
enrolled agent. Do you have an accountant that you deal
(29:14):
with does your taxes?
Speaker 10 (29:16):
Yes, But it wasn't the IRS's fault. They never received
the check.
Speaker 1 (29:19):
It's not a question of the I understand it's not
the IRS's fault. But the IRS may have a program
in where.
Speaker 2 (29:27):
You have been ripped off, you know, for example. And
I'm gonna make.
Speaker 1 (29:31):
There's the innocent spousal exception that they have. I don't know,
by the way, I'm just guessing here the first thing
I would do.
Speaker 10 (29:38):
Go ahead, Yeah, I've been going back and forth with
the IRS until last month, and they're the ones that
notified me and said this check was deposited at the
same bank that I wrote it from and they never
received it. They made me pay it again, which I did,
and they said it's the bank's fault. And the bank
(29:59):
is refused because they say too much time has passed.
Speaker 1 (30:03):
But but you were just notified by the RS just
right now, correct that it was fraudulently Okay, I.
Speaker 2 (30:11):
Know, I understand.
Speaker 1 (30:12):
Uh so uh did you so? You you showed on
your check that it went to the IRS, and it
showed it was cashed by the I r S.
Speaker 10 (30:22):
No, it was cashed by an individual in Florida.
Speaker 1 (30:27):
Okatmuh oh, all right, And the bank is saying too
much time has passed even though you just found out
about it.
Speaker 10 (30:37):
It's yes, it's supposedly when you get a checking account.
It's part of the fine print, all right. But I
did find out about it in September of twenty three
when the IRS said they never received that.
Speaker 2 (30:51):
Did you go to your bank at that time?
Speaker 10 (30:55):
No, because I didn't know it was fraudulently fraudulently cashed.
Speaker 2 (30:58):
I went online. How much? How much money are we
talking about?
Speaker 10 (31:04):
Nine thousand dollars?
Speaker 2 (31:05):
All right, so that's real money. Yeah, that is real money.
You know.
Speaker 1 (31:09):
I don't know where to go on this one. I
just don't. It's one of those that you got me.
Speaker 5 (31:17):
You know.
Speaker 1 (31:17):
Usually I have no problem making stuff up. If you
ever listen to the show for any given length of time.
When I say it's marginal legal advice, I'm being generous
to myself.
Speaker 2 (31:27):
Usually it's useless legal advice.
Speaker 1 (31:30):
And I and when I don't know, which is normally
the case, I'm pretty good about making stuff up.
Speaker 2 (31:36):
So I sound like I'm talking that I know what
I'm talking about. Sometimes I'm just stymied. That's it.
Speaker 1 (31:42):
There's I got nothing for you, and that's unfortunately exactly
what's happening here. Let me see if we uh, okay, well,
let me start with before the end of the show
when I lock out, and I'll continue talking about the
phone numbers and how we're going to work off the air.
(32:02):
Let me tell you about Zelman's minty mouth mints. Now,
I love garlic, I love onions. Matter of fact, I
will go to a restaurant and order only garlic and
onions and ask for extra garlic and onions. And as
you can imagine garlic and onions, when you eat lots
of it, even a little bit of it, you tend
(32:23):
to reek of garlic and onions. And so there is
a way so you don't reek a bit, and that's
with Zelman's minty mouth mints. Now they call it a
minty mouth mint. It's way beyond the mint. Got to
figure out another name. I keep on telling Anthony and Lauren,
you got to figure something else out, because not only
is it a mint, it's these little capsules that they
(32:46):
are covered.
Speaker 2 (32:47):
With this very strong mint.
Speaker 1 (32:48):
And your mouth just explodes with mint, and it's wonderful
and fresh, and that lasts for hours, but then it
goes into your gut. You either bite in them where
you swallow when the mint is gone and it goes.
Speaker 2 (32:57):
To work in your gut. We're bad food. Can start
bad breadth and stay there and then if you have
a dry mouth.
Speaker 1 (33:05):
This works perfectly and you just feel good, you know,
like you brush your teeth, you've you know, rinsed with listenerine.
Just feel good about that. That's what this does. That's
what Zelman's mint Mouth Min's do. And we're talking about
four hours. Zelman's z E l M I N S
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Speaker 2 (33:26):
Take advantage of that.
Speaker 1 (33:27):
Please, uh The code is handle at checkout Zelman's z
E l M I n s dot com.
Speaker 2 (33:35):
Now, before I do.
Speaker 1 (33:36):
A lot of here, as I said, I am going
to continue taking phone calls off the air.
Speaker 2 (33:43):
So for those of you that are on hold, stay
put because.
Speaker 1 (33:46):
I will continue on and I will get through all
of the questions. And on top of that, if you
want to call, it's where I'm up there. I'm here
for another half hours, so feel free to call too.
Eight hundred five two zero one five three four eight
hundred five two zero one five three four. And as
(34:07):
I've said, you're not waiting very long because I go
through them very quickly. No breaks, no weather, no news certainly,
no commercials and no patients on my part, So yeah,
I'm going to suggest you jump in and now's a
good time. Eight hundred five two zero one five three four.
This is Handle on the Law.
Speaker 2 (34:30):
You've been listening to the Bill Handle Show.
Speaker 1 (34:31):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
You're listenings k fly AM six forty. The bill handles
show on demand on the iHeartRadio app. This is handle
on the law marginal legal advice, where I tell you
you have absolutely no case for someone coming into this
country and trying to become legal. It's no small deal anymore.
(00:24):
It's gotten more and more difficult. So one of the
things that people do is marry an American.
Speaker 2 (00:32):
That was always the end all be all.
Speaker 1 (00:34):
You just married an American and you were in good shape.
You made an application first you get married, and then
you'd apply for a spousal residency or green card residency
based on the fact you were married an American, and
then the laws and you could stay in this country
until that happened. And then policy changed and someone who
married an American and is applying for residency, legal residency
(00:58):
has to do it outside the country.
Speaker 2 (01:02):
They have to go back to where they.
Speaker 1 (01:03):
Came from and apply at a consulate, an American consulate,
and then get permission to come in the United States
to be with their spouse. And that was the policy.
And I mean, here's the problem. You can see it
sort of happening, except you be It could be years
that people would be waiting to get in legally. So
(01:28):
what the Biden administration did was change it and said
that spouses of US citizens would not have to leave
the country, would be able to stay in the country,
would be able to work, and basically have their green
card without having a green card waiting for the actual approval.
(01:51):
And so that was the new policy under the Biden administration,
which is now in place. Except US District Judge Campbell
Barker comes in and says nope. Sixteen States Republicans, led
by Republican attorneys generals, challenge the program that would benefit
five hundred thousand people, by the way, and another fifty
(02:14):
thousand of their kids.
Speaker 2 (02:16):
And here is the argument that.
Speaker 1 (02:18):
The States used, because what do the states have to
do with immigration? Well, the States said that allowing those
people in is costing US tens of millions of dollars
annually for services such as healthcare, law enforcement because of
immigrants living in the States without legal status. So there
(02:41):
are illegal aliens living in our state that we have
to pay for. It's costing US tens of millions of dollars,
and you are saying they can be here legally and effectively.
I think if the federal government paid for it. All
the states wouldn't have a case. And the judge said,
you're right, absolutely right. You know, the old policy goes
(03:02):
into place, and it is it can be years, I
mean years. My goddaughter is marrying an Indian and his
name is Raj and we call him to the Raj Mahal.
Very very nice guy, very smart. He's here on a
(03:23):
work visa. I mean, he's has bought as high end
as you can get in the world of it, and
he if he had to go back to India to
wait and apply there, it's a ninety nine year weight.
Speaker 2 (03:38):
I'm not kidding. It's nine year weight. Yeah. That's special,
isn't it. Okay, let's go ahead and take some phone calls.
Let's see all right, Lydia tattooed. Lady Lydia, gosh, you
remember me?
Speaker 3 (03:58):
So thank you for I remember.
Speaker 2 (04:00):
I don't.
Speaker 1 (04:01):
By the way, I just made that joke up because
it was a grout your March's song.
Speaker 2 (04:05):
Okay, what can I do for you, Lydia?
Speaker 4 (04:08):
Okay?
Speaker 3 (04:08):
Bill, So I have r A and AR theoparaosis.
Speaker 2 (04:12):
Okay, what what is r A. It's some kind.
Speaker 3 (04:16):
Of yes and the snatio immune disorder.
Speaker 1 (04:21):
Yeah, I know arthritis is, but okay, so you have
r A.
Speaker 3 (04:25):
Okay, Yes, I have been in treatment for that, taking
him area for about three years and I have been
doing fine on that. I moved from one area to
another area, so I was forced to go see another rheumatologist.
When I went to go find me another rheumatologist, this
(04:45):
real second rheumatologist determine she was not going to look
at my past medical history. She said, I'm going to start.
Speaker 2 (04:52):
From day one.
Speaker 3 (04:53):
She ran her own tests and determined that I do
not have r A and I don't have us paralysis.
She took me off everything. For the next two years,
I was not in any kind of treatment. Fast forward
two and a half years later, I am having a
lot of medical issues. My I had two surgeries on
(05:16):
myney right.
Speaker 2 (05:18):
And in the last two years, you had two surgeries.
Speaker 3 (05:22):
Yes, one on my wrist and one and one on
my knee. Went to my primary doctor and she said,
you know it all has to do with your RA.
Go back to your rheumatologists. Rheumatologist again says you don't
have r I went back to my first rheumatologist and
she said, how can you not be on treatment. I
(05:45):
told her second rheumatologist is I don't have r A
all right?
Speaker 2 (05:48):
So what all right? Got it?
Speaker 5 (05:49):
Uh?
Speaker 2 (05:49):
Lydia? What's your question?
Speaker 3 (05:51):
Okay, Matthew Burrows is out of control? Is very severe?
Speaker 2 (05:54):
Now I am?
Speaker 3 (05:56):
I am un injectables now or pills are out of
the question now, okay, all.
Speaker 1 (06:01):
Right, I understand. So you have some severe, severe medical issues.
Now a couple of questions that any attorney who is
dealing with medical malpractice will ask you. And by the
way you walk in and he immediately he or she
sends you to his or her own rheumatologists for analysis
and looks at all the medical records.
Speaker 2 (06:23):
Is how much damage?
Speaker 1 (06:26):
How much worse did it get from the time the
second roeumatologist took you off the medication? How let me
put it this way, the injury that you have suffered,
would you not have suffered if they didn't take you
off the medication? Is there a clear cut connection there?
Speaker 2 (06:46):
Do we know? Yes?
Speaker 4 (06:49):
According to okay, then it sounds like you have a
very good medical malpractice case because if it is determined,
and obviously it's gonna be another set of doctors.
Speaker 1 (07:04):
If it's determined that you do have r A. And
your second doctor just blew it. Should have known, just
blew it. Took you off medication and you got so
progressively worse that you needed a bunch of surgeries. Had
you taken the medication that doctor number one kept giving you,
(07:26):
you would not be as bad off physically as you
are now. Don't know the answer is to what extent?
Now you're getting into the weeds. Now you're talking about
to what extent? And this gets complicated. Now, how badly
are you injuring your medical issues?
Speaker 2 (07:44):
Can you move? Can you write? Can you drink? Can
you pick up a cup?
Speaker 3 (07:51):
That's the thing, Bill, It's hard for me to walk
now because my pain is so bad in the little.
Speaker 2 (07:57):
Okay, all right, so we're talking some serious stuff.
Speaker 1 (08:00):
Okay, got it, all right, we're talking some fairly serious stuff.
Speaker 2 (08:03):
All right.
Speaker 1 (08:04):
Get you to a medical malpractice attorney. That's where you're
gonna go.
Speaker 2 (08:07):
Right now.
Speaker 1 (08:08):
You're gonna find yourself a medical malpractice attorney.
Speaker 2 (08:11):
And now the.
Speaker 1 (08:12):
Hard part is researching which ones are there. I don't
know if we have any med mal attorneys on Handle
on the law.
Speaker 2 (08:19):
You may handle on the law dot com.
Speaker 1 (08:22):
You can try you Once you go to handle on
the Law dot com and you'll see a bunch of
phone numbers and you'll probably talk to an attorney named
Mark who's very good. He doesn't do medical malpractice, but
he refers to people who does.
Speaker 2 (08:34):
Try that one out. Okay, thank you, WHOA sorry about that?
You know. Yeah, we suffer from a cold.
Speaker 1 (08:44):
Usually try to hide it, and it's kind of hard
to hide when you're sitting behind a microphone.
Speaker 2 (08:49):
This is Handle on the Law.
Speaker 6 (08:52):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (08:59):
As we continue on with our last hour, we still
have some lines open eight hundred five two zero one
five three four eight hundred five to two zero one
five three four. For the first couple of hours we
were jammed, so please feel free to jump in or
right now.
Speaker 2 (09:16):
You didn't hear me ask for phone.
Speaker 1 (09:17):
Numbers for the first couple of hours, but we have
some lines open now.
Speaker 2 (09:21):
You never know.
Speaker 1 (09:22):
This is what's weird about this program. There are days
when you can't get in for three hours because we're
so jammed, And then there are days when just people
don't want to call, They just want to listen to
me abusing and harassing and humiliating folks, which I can understand.
It's kind of fun. I mean, if I had my brothers,
I'd love to listen to someone humiliating and abusing you.
(09:44):
But it's my job, so I've got to do it.
This is Handle on the Law, Marginal legal advice where
I tell you you have no case Martha.
Speaker 3 (09:59):
Now O Martha, Hi, Bill, congratulation on this podcast.
Speaker 7 (10:04):
I'm definitely going to listen to you.
Speaker 2 (10:06):
Oh, thank you. I appreciate that.
Speaker 1 (10:09):
It's the Bill Handles Show podcast. Good, thank you for
doing that. Lovely segue on Apple Spotify, iHeartRadio app wherever.
Speaker 2 (10:19):
All right, Martha, you've just made a friend for life.
What can I do for you?
Speaker 7 (10:24):
Okay, I buy this condle, and underneath I have a
neighbor that is never there. Now he moved back, and
this man never leaves the house and a.
Speaker 8 (10:35):
Smoke none stop.
Speaker 5 (10:37):
And I want the.
Speaker 7 (10:38):
Man to be happy and whenever the hell he.
Speaker 2 (10:40):
Wants in his house, he has that right.
Speaker 8 (10:43):
The problem is that the smoke is coming at my condle.
Speaker 2 (10:48):
And okay, okay, let me ask you. Okay, I got
a question.
Speaker 1 (10:52):
So he is smoking in his house, and you're right,
he has a right to enjoy his house.
Speaker 2 (10:57):
He can smoke in his house.
Speaker 1 (10:58):
How is the smoke from his condo reaching your condo?
Speaker 2 (11:02):
Can you connect physically? What's going on?
Speaker 8 (11:08):
I'm well, I think it's infiltrates through the walls. And
he he's always inside, he never never leaves.
Speaker 1 (11:19):
No, I understand, you know, I mean infiltrate the walls
with smoke.
Speaker 2 (11:24):
I don't know, Martha, you know.
Speaker 9 (11:27):
Yeah, No, I'm not joking.
Speaker 2 (11:29):
I'm not joking.
Speaker 10 (11:30):
I'm not.
Speaker 2 (11:30):
No, I believe you. No, No, I don't. Please, don't misunderstand.
I'm not. I'm not attacking you, especially after you pitch
my podcast.
Speaker 1 (11:38):
Sou But I never heard of smoke going through a wall.
Speaker 2 (11:44):
Uh? And that one I just don't get. Is there
any other way?
Speaker 1 (11:48):
Are there vents? Are there common vents? Is going through
an open window?
Speaker 7 (11:54):
I believe there's common vent?
Speaker 1 (11:55):
Okay, you've had to Okay, Martha, you have to find
out what it is, specifically where it's coming from. You
just can't say you're smoking and I'm smelling it. Do
you physically see the smoke or you just smelling the smoke?
Speaker 2 (12:10):
Just smelling interesting? All right?
Speaker 1 (12:15):
You got to figure out where it's coming from. That's
for starters. You also have If you live in a condo,
there's an HOA, a homeowner association.
Speaker 2 (12:23):
Of course, right, yes, I call.
Speaker 1 (12:26):
Them, contact them and say, hey, this is going on.
What is happening. This should not be happening. Are their
common wall issues here? That's where you would go at
this point. First go to the HOA because that that's
a good starting point, because I don't know where else
you got to go at this point. I mean, you
can't say a lawsuit you have to stop smoking based
on the fact that the smoke is coming through the walls.
Speaker 2 (12:51):
That's I think that's tough. I do.
Speaker 1 (12:54):
Tyler, Hello, Tyler, welcome, Sure, sure, firm Tyler, you asked
me questions.
Speaker 2 (13:05):
That's the way it works.
Speaker 9 (13:08):
I have a neighbor, and I live in a gated
community some condos, and I have a neighbor across the
way from me that is constantly honking his horns day
and night. It keeps me my brother up, and I
want to be a good neighbor, but I'm.
Speaker 2 (13:22):
Not sure what I should do.
Speaker 1 (13:24):
Okay, first thing, just like the previous call, Tyler, you
get hold of the HOA. If your neighbor is doing
what you're saying, then I guarantee you he is a
violation of the HOA rules, and the HOA is going
to come in before anything else. The HOA comes in
and will start will start giving him notices, will start
(13:49):
issuing violations.
Speaker 2 (13:50):
Have you tried that?
Speaker 5 (13:53):
I have not?
Speaker 9 (13:53):
Now probably the next thing other than do should I
try recording recording his house just so I can have
evidence of I don't.
Speaker 1 (14:00):
I mean they can ask, I mean, he can deny it.
But let's say the h o A starts contacting your neighbors.
Are are they going to say I never heard the
the alarm go off or I never heard the honking.
Speaker 9 (14:12):
That's true.
Speaker 1 (14:12):
I mean it's either your making either they all hear
it also, or Tyler, you're out of your mind and
you're hearing things.
Speaker 5 (14:22):
Well.
Speaker 9 (14:22):
I think I think the neighborhood's been really kind of
leaning on him because I think he's okay.
Speaker 2 (14:26):
Then then you go to the h o A.
Speaker 1 (14:28):
What I would do actually is get a letter and
have your neighbors sign it. And you want to complaint
not just from you to the h o A. You
want to complaint from your neighbors also. And the more
the merrier, now the h o A depending on who's
on the board can blow someone off. If it's one
person complaining, they're gonna go fine. If it's five people
(14:51):
complaining that our neighbors in that area, that leans uh.
That lends a lot more credence to that complaint. So
you start with that one and see what the HOA
does and they'll sanction am I. Their hoas have a
lot of power in this state. So let me ask
you about business. What do you think the future holds?
(15:12):
You asked nine experts, you're gonna get ten answers. You
know what's the market gonna do?
Speaker 2 (15:16):
I don't know. Inflation, well, it's going down, it was
going up. You just don't know.
Speaker 1 (15:22):
So how do businesses figure out which way it's going
to go? I mean, you really don't know. But you
want as much information as you can. And there's there's
where Oracle net Suite BI Oracle comes in.
Speaker 2 (15:33):
This is the.
Speaker 1 (15:33):
Number one cloud erp brings accounting and financial management inventory
HR onto one platform. And with one platform, with one
management suite, you get the visibility, you get the control,
you get the information you need to actually make decisions
because you're peering into the future.
Speaker 2 (15:53):
You're not looking at the past.
Speaker 1 (15:55):
You're looking at what's going on right now, real data
at this moment, and believe me, that helps enormously to
see where you're going.
Speaker 2 (16:03):
You're closing your books in days, not weeks.
Speaker 1 (16:06):
You spend less time looking backwards, more time thinking about
what's coming up.
Speaker 2 (16:10):
Believe me, this works. Thirty eight thousand.
Speaker 1 (16:13):
Businesses have signed on to NetSuite. They're obviously doing something right.
So down the CFOs Guide to AI and Machine Learning
at NetSuite dot com slash handle and you'd be surprised
at how much NetSuite can help your business. By the way,
that download is absolutely free to see if it can
help you, and I'm sure they can. That's NetSuite as
(16:34):
an office Suite's NetSuite dot com slash handle.
Speaker 2 (16:39):
This is Handle on the Law.
Speaker 6 (16:42):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:49):
Handle on the Law Marginal Legal Advice. Mary. Hello, Mary,
you're up. Welcome, Hi Bill, Yes, ma'am.
Speaker 11 (16:58):
So I am helping woman an eighty four year old
woman at my church who rented a suite. It was
in her house with a little kitchenette to someone and
that's someone she gave a thirty day notice to after
four months, the person responded with filing a lawsuit and
unlimited civil for hundreds of thousands of dollars.
Speaker 2 (17:21):
How has that person been damaged? What are they saying?
Speaker 11 (17:23):
So? So she is claiming that she was living in
a converted garage. Okay, this is not true.
Speaker 2 (17:31):
Code, It doesn't matter, It doesn't matter. How is she damaged?
Speaker 11 (17:34):
She's she's asking for all the rent she paid for
four months because it was an unpermitted.
Speaker 1 (17:41):
Nah, it doesn't work that way. Now, doesn't work that way.
She can ask for anything. Here's what's happening. She can
ask for anything she wants. You can ask for five
million dollars for all I care. Now, is there an
attorney involved?
Speaker 11 (17:55):
There was an attorney involved. He helped her initially to
write some very threatening letters to the old boy. And
then when she filed the lawsuit, so she filed in
pro se.
Speaker 1 (18:06):
Okay, so she's on Okay, So she filed on herself
because the attorney didn't want to touch.
Speaker 2 (18:10):
It, all right.
Speaker 11 (18:12):
He doesn't want to, said, of.
Speaker 2 (18:13):
Course not, because I'll tell you why.
Speaker 1 (18:16):
Because the attorney can get hit with malicious prosecution or
abusive process. So no, there's no way she can what
I would do is just say, now she has to
answer the complaint. Okay, eighty four year old elder lady
has to answer, has to answer the complaint. We did that, Okay,
(18:36):
then you go, let's set a trial. Let's go, let's
go to court. You tell her, let's go to trial. Okay,
you tell you tell a judge how it is worth
hundreds of thousands of dollars for you to live in
a place that is a converted garage, which, by the way,
(18:57):
is not And here are the photos, right, Uh, she's
not gonna it's this is blowing smoke. Mary, this is
blowing smoke. This is uh, this is actually elder abuse.
Speaker 11 (19:09):
Well that's what we said. In fact, we cost the
elder abuse. And they said we can't help you because
it's a civil litigation.
Speaker 2 (19:14):
It is civil. Well that happens all the time.
Speaker 1 (19:16):
But I would do is uh write the letter to
her and say we are now looking. Uh, we went
and got an attorney. We talked to an attorney. Uh,
don't mention my name because those if she knows who
I am, she starts laughing immediately, So that's off the table.
And just say we've consulted with an attorney. And we
(19:37):
believe you are guilty of elder abuse and we will
go forward with this. We will go forward and sue
you for elder abuse. In terms of what you're doing.
This will go away, by the way, Mary, this will
go away.
Speaker 11 (19:50):
What should we file a cross complaint?
Speaker 1 (19:53):
You could, you know, but it doesn't matter. I mean,
in fact, this just goes away, and you can and
you can file the complaint anytime you want, just you know.
Speaker 2 (20:01):
But you amend your answer and you file the cross complaint.
Speaker 1 (20:03):
It doesn't matter, just the accusation of elder abuse because.
Speaker 2 (20:06):
You're not going to take it to trial either. No,
we don't want to, right, So you just what she's doing, you.
Speaker 1 (20:12):
Know what this Yeah, what this woman is doing is
just trying to take advantage of a little old lady
and thinks that she's going to be able to extort someone.
Speaker 2 (20:24):
How strong is your little old lady friend?
Speaker 11 (20:27):
She's not that strong.
Speaker 2 (20:28):
No, no, no, I'm talking about no, no, not physically. How
strong is she emotionally?
Speaker 10 (20:33):
Not?
Speaker 11 (20:34):
She's being treated now for stress.
Speaker 1 (20:36):
Okay, so she now let me ask you something. Is
she frightened of this?
Speaker 11 (20:41):
Yes?
Speaker 2 (20:42):
All right?
Speaker 1 (20:42):
Well then, uh, then the lady who sued her is
absolutely right. She's got someone who's vulnerable, and that happens.
Speaker 2 (20:54):
That happens.
Speaker 11 (20:55):
Can we expedite getting this to trial by yes?
Speaker 1 (20:59):
Yes, oh god, yes, she's eighty four.
Speaker 2 (21:03):
Yep.
Speaker 11 (21:04):
So what do I stile to ask to the well here?
Speaker 2 (21:07):
I mean this is you're going to hire an attorney.
It's going to cost you money.
Speaker 1 (21:11):
Although there are organizations out there that do help little
old ladies.
Speaker 2 (21:16):
Who get sued under these circumstances.
Speaker 1 (21:18):
There are pro bono organizations that help people, and you
can look them up.
Speaker 2 (21:23):
You can just do some search words.
Speaker 1 (21:25):
You can go ahead and Google and just start searching
elder abuse civil cases. By the way, elder abuse involve
civil cases, not just criminal, and just go elder abuse civil.
Speaker 2 (21:40):
You got landlord tenant.
Speaker 1 (21:43):
You know, you throw these words out, little old ladies
getting sued, You throw that out and you just you'll
find someone. Believe this woman is going to go away
very quickly. It's pure extortion. And you've got to tell
your friend, you're elderly friend, you got to hold loose,
You got to hold on because this You can't let
(22:05):
her win on this, and you're.
Speaker 2 (22:07):
Going to win, all right, I know, Okay, you're going
to be fine.
Speaker 1 (22:11):
So yeah, tell her you're going to be okay, say
you're going to be fine.
Speaker 2 (22:15):
Stop it, relax all right. Yeah.
Speaker 1 (22:20):
I hate people that do that, you know, they do
take advantage of Can you imagine It's an un permitted
place that I've been living in for four months and
now I want hundreds of thousands of dollars just to
scare someone. It just gets really, it's very depressing.
Speaker 2 (22:37):
Jeff, Hello, Jeff, welcome, Hi.
Speaker 5 (22:40):
Bill, Thanks taking my call here. Sure, a little bit
of a long story. I'll make it as short as
I can here, please. I bought a twelve bucks apartment
building here two years ago. I had a tenant that
he passed away. I painted the apartment to cover up
some smells in the apartment in the winter time in
January with a oil based primer. I opened up the
windows after things were done, not all the way I
(23:02):
vented what I could. I've done plenty of painting in
the past. The paint did not hear right, and it
has a very bad toxic smell to it when the
windows are closed up from there and you get sick
from it. My brother helped me with some painting. We
opened up a claim ticket with a major paint company,
and they gave me some remedies to try and do.
(23:24):
I did some of my own, including baking the apartment
with a heater, having it up to one hundred degrees
for nine hours a day for two days in a row.
Speaker 2 (23:31):
All right, I got it.
Speaker 1 (23:32):
So, yeah, I got it, and so and you've already
asked them to straighten this out, and they came out
and gave you some remedies.
Speaker 2 (23:38):
And the remedies didn't work, right, And.
Speaker 5 (23:41):
Now yep, now they've got that. Sorry for your inconvenience.
There's nothing more we can do.
Speaker 2 (23:46):
I can sure there is. They can.
Speaker 1 (23:48):
No, there's plenty more they can do. They can defend
the lawsuit. I mean, clearly they're responsible. And what based
on the fact that the paint is obviously the paint
doesn't work. It's probably either badly designed or something's wrong
with that batch.
Speaker 2 (24:09):
And yeah, here's the problem you're going to have.
Speaker 1 (24:11):
First of all, you've got to get out, You've got
to get a bid, and you have to get a
cost estimate. What is it going to cost you to
undo this, scrape the paint off, repaint it. I have
no idea what that's going to cost. But that you're
going to have to know that's your claim, all right. Also,
if you're renting the place, you're also going to argue
(24:32):
it's been taken off the market for X number of
weeks or months based on their negligence or their defect,
the paint defect, and that's added to the damages. They're
going to come in and say that the paint is fine,
that it is somehow your fault. I mean, I don't
think they're going to roll over and they're simply going
(24:52):
to say, yeah, it's not our problem because there's nothing
wrong with our paint and Jeff did something wrong he
applied it. But I think it's a pretty good lawsuit.
I really do straight out civil lawsuit. You think it's
going to cost one hundred ten thousand dollars to redo this?
Speaker 5 (25:09):
No, I'm thinking it's going to be twenty plus because
I have to replace the doors, to trim everything everything.
Speaker 1 (25:13):
Right, Well, then you're gonna right, all right, Then you're
going to should I ask them?
Speaker 5 (25:19):
Should I ask them first? Say hey, will you just
pay this before we go to court? Yeah, and absolutely
send money on lawyers.
Speaker 1 (25:25):
Yes, you asked them to Yes, Hey, it's going to
cost me twenty grand.
Speaker 2 (25:31):
What are you going to do about it? Your paint
is defective? Yeah?
Speaker 5 (25:35):
Right. So if they still say no, what type of
lawyer am I looking for?
Speaker 2 (25:39):
To any civil lawyer and any civil lawyer, any civil lawyer.
Speaker 5 (25:43):
I don't need no big hot shot lawyer.
Speaker 1 (25:44):
No, no, no, you don't need a hot shot. This
is a this is you can actually do it yourself.
It's a little bit of work, but it's I know,
what are they They're going to say that the paint
is fine and that you applied it wrong, and you're
going to tell your story.
Speaker 5 (26:00):
Yep. My brother has been to the doctor for it too,
and he's still having some health problems.
Speaker 1 (26:04):
But well, now you're talking if your brother has health
problems because of the paint. Now you're talking about now
you're talking about a personal injury lawyer, and you're in
a different uh, in a totally different.
Speaker 5 (26:15):
Have a tough time with it because he smokes, and
that's gonna come right, Yeah.
Speaker 2 (26:18):
That's not gonna do it. Yeah, you're right, they're gonna
say he smokes. You just said that.
Speaker 5 (26:22):
Hey, so try it on my own purse. If they
say no, then I go after him with you a
lawyer get all my bits together.
Speaker 2 (26:29):
Yeah, because you're can amend the complaint. You can.
Speaker 1 (26:31):
Yeah, you can just do a little bit of research
because you're gonna pay several thousand dollars to a lawyer
on this. So yeah, I would, Yeah, I would try it.
And the only point is you don't want to get
it dismissed.
Speaker 2 (26:42):
That's the issue. Uh, this is Handle on the Law.
Speaker 6 (26:49):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (26:57):
Handle on the Law, marginal legal advice. I tell you
you have absolutely no case.
Speaker 2 (27:03):
And a quick reminder.
Speaker 1 (27:04):
My podcast is up and running. The Bill Handleshow podcast
started a couple of years ago, a couple of months ago,
and it's every Tuesday and Thursday at nine a m.
Pacific time. Tuesdays and Thursdays is when it drops. And
it is me doing not this show and not my
(27:25):
morning show Monday through Friday. It is the podcast and
I go all out. I mean the topics it's all
over the place, analysis and history and comedy and human interest.
Speaker 2 (27:38):
I mean it's all different topics and you can.
Speaker 1 (27:40):
Go get it on Spotify, also on iHeartRadio app on Apple.
That's the Bill Handle Show podcast and the website is
the Bill Handles Show podcast dot dot com. Billhandleshowpodcast dot com.
Speaker 2 (28:00):
Suh, take a listen, take a look.
Speaker 1 (28:02):
It's always appreciated, certainly by me, if not by you.
Speaker 2 (28:08):
All Right, back we go, Yeah, we are right. Gary.
Hi Gary, Hi, Bill.
Speaker 10 (28:17):
I've got a quick question for you. I sent a
check to the Internal Revenue Service at the end of
twenty twenty two. It was cashed at the same bank
it was written from in January of twenty three. I
got a letter in September of twenty three that the
IRS never received the check, so the check was fraudulently
(28:39):
cashed by somebody else, even though it had the check
made out to the IRS and the back of the
check said Federal Reserve Board. How do I go after
the bank?
Speaker 2 (28:53):
Wow?
Speaker 1 (28:53):
Yeah, Well, you know I'd die dealing with the IRS.
First of all, I've always gone to my accountant. I
think what you have to do is, instead of you
doing this, you're going to have to go to an
enrolled agent. Do you have an accountant that you deal
(29:14):
with does your taxes?
Speaker 10 (29:16):
Yes, But it wasn't the IRS's fault. They never received
the check.
Speaker 1 (29:19):
It's not a question of the I understand it's not
the IRS's fault. But the IRS may have a program
in where.
Speaker 2 (29:27):
You have been ripped off, you know, for example. And
I'm gonna make.
Speaker 1 (29:31):
There's the innocent spousal exception that they have. I don't know,
by the way, I'm just guessing here the first thing
I would do.
Speaker 10 (29:38):
Go ahead, Yeah, I've been going back and forth with
the IRS until last month, and they're the ones that
notified me and said this check was deposited at the
same bank that I wrote it from and they never
received it. They made me pay it again, which I did,
and they said it's the bank's fault. And the bank
(29:59):
is refused because they say too much time has passed.
Speaker 1 (30:03):
But but you were just notified by the RS just
right now, correct that it was fraudulently Okay, I.
Speaker 2 (30:11):
Know, I understand.
Speaker 1 (30:12):
Uh so uh did you so? You you showed on
your check that it went to the IRS, and it
showed it was cashed by the I r S.
Speaker 10 (30:22):
No, it was cashed by an individual in Florida.
Speaker 1 (30:27):
Okatmuh oh, all right, And the bank is saying too
much time has passed even though you just found out
about it.
Speaker 10 (30:37):
It's yes, it's supposedly when you get a checking account.
It's part of the fine print, all right. But I
did find out about it in September of twenty three
when the IRS said they never received that.
Speaker 2 (30:51):
Did you go to your bank at that time?
Speaker 10 (30:55):
No, because I didn't know it was fraudulently fraudulently cashed.
Speaker 2 (30:58):
I went online. How much? How much money are we
talking about?
Speaker 10 (31:04):
Nine thousand dollars?
Speaker 2 (31:05):
All right, so that's real money. Yeah, that is real money.
You know.
Speaker 1 (31:09):
I don't know where to go on this one. I
just don't. It's one of those that you got me.
Speaker 5 (31:17):
You know.
Speaker 1 (31:17):
Usually I have no problem making stuff up. If you
ever listen to the show for any given length of time.
When I say it's marginal legal advice, I'm being generous
to myself.
Speaker 2 (31:27):
Usually it's useless legal advice.
Speaker 1 (31:30):
And I and when I don't know, which is normally
the case, I'm pretty good about making stuff up.
Speaker 2 (31:36):
So I sound like I'm talking that I know what
I'm talking about. Sometimes I'm just stymied. That's it.
Speaker 1 (31:42):
There's I got nothing for you, and that's unfortunately exactly
what's happening here. Let me see if we uh, okay, well,
let me start with before the end of the show
when I lock out, and I'll continue talking about the
phone numbers and how we're going to work off the air.
(32:02):
Let me tell you about Zelman's minty mouth mints. Now,
I love garlic, I love onions. Matter of fact, I
will go to a restaurant and order only garlic and
onions and ask for extra garlic and onions. And as
you can imagine garlic and onions, when you eat lots
of it, even a little bit of it, you tend
(32:23):
to reek of garlic and onions. And so there is
a way so you don't reek a bit, and that's
with Zelman's minty mouth mints. Now they call it a
minty mouth mint. It's way beyond the mint. Got to
figure out another name. I keep on telling Anthony and Lauren,
you got to figure something else out, because not only
is it a mint, it's these little capsules that they
(32:46):
are covered.
Speaker 2 (32:47):
With this very strong mint.
Speaker 1 (32:48):
And your mouth just explodes with mint, and it's wonderful
and fresh, and that lasts for hours, but then it
goes into your gut. You either bite in them where
you swallow when the mint is gone and it goes.
Speaker 2 (32:57):
To work in your gut. We're bad food. Can start
bad breadth and stay there and then if you have
a dry mouth.
Speaker 1 (33:05):
This works perfectly and you just feel good, you know,
like you brush your teeth, you've you know, rinsed with listenerine.
Just feel good about that. That's what this does. That's
what Zelman's mint Mouth Min's do. And we're talking about
four hours. Zelman's z E l M I N S
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Speaker 2 (33:26):
Take advantage of that.
Speaker 1 (33:27):
Please, uh The code is handle at checkout Zelman's z
E l M I n s dot com.
Speaker 2 (33:35):
Now, before I do.
Speaker 1 (33:36):
A lot of here, as I said, I am going
to continue taking phone calls off the air.
Speaker 2 (33:43):
So for those of you that are on hold, stay
put because.
Speaker 1 (33:46):
I will continue on and I will get through all
of the questions. And on top of that, if you
want to call, it's where I'm up there. I'm here
for another half hours, so feel free to call too.
Eight hundred five two zero one five three four eight
hundred five two zero one five three four. And as
(34:07):
I've said, you're not waiting very long because I go
through them very quickly. No breaks, no weather, no news certainly,
no commercials and no patients on my part, So yeah,
I'm going to suggest you jump in and now's a
good time. Eight hundred five two zero one five three four.
This is Handle on the Law.
Speaker 2 (34:30):
You've been listening to the Bill Handle Show.
Speaker 1 (34:31):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app.
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