Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:09):
This is Handle on the Law marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
Speaker 3 (00:26):
The following is up be recorded program.
Speaker 2 (00:29):
Okay, new law in California. And this has to do
with online subscriptions. When you order a service, when you
order almost anything, you order a supplement, you order platforms,
when you're watching TV, these are all online subscriptions. Well,
(00:50):
what companies have been accused of doing assigning people up
to that subscription without their consent, actually renewing the subscription
without notice of their consent.
Speaker 3 (01:00):
So here you.
Speaker 2 (01:01):
Are, the subscription is going to cost you eight bucks
a month for whatever, and this goes on for six months.
So you sign up for a year and you have
to cancel a month before or it rolls over.
Speaker 3 (01:16):
Well, you know, we get snagged on that.
Speaker 2 (01:18):
People forget, they really downplay it on the subscription base
and they put it in real small print and they
don't tell you about it. Well, new Law Assembly Build
twenty eight sixty three imposes a series of safeguards on
those subscription contracts, and it applies to subscriptions or purchasing
(01:39):
agreements that automatically renew and continue until terminated or convert
from free to paid automatically unless canceled. And then you
have to use this form and you have to give
them plenty of notice, and.
Speaker 3 (01:52):
If not, it rolls over no matter what.
Speaker 2 (01:55):
Well, the new law says that the businesses must obtain
express affirmative consent, which means it doesn't roll over unless
you the company sends to the subscriber a specific notification
do you want to extend?
Speaker 3 (02:15):
Do you want this to roll over? And if not,
they can't.
Speaker 2 (02:20):
And it requires businesses to give customers a real simple
way to cancel, either a toll free phone line an
online option that is obvious. Customers can cancel by just
clicking on a link or sending some pre formatted email. Basically,
it's consumer protection because these sleezball companies what they do
(02:44):
is they grab you and all of a sudden, you're
looking at a bill that automatically renews and.
Speaker 3 (02:48):
A lot of people are lazy.
Speaker 2 (02:49):
They don't look at their credit card bill if it's
four bucks, five bucks, six bucks, and you're.
Speaker 3 (02:53):
Really going to pay attention to it.
Speaker 2 (02:55):
A lot of people don't, and so you'll get something
that just rolls over, rolls over, and you don't pay
attention to it. Man, I've had that happen to me.
I'm looking much more carefully at my credit card bills
than I have before. And the law requires businesses to
send subscribers an annual reminder about how much the subscription
(03:19):
costs and how to cancel it. Okay, I'll buy that law.
Some I don't like, some I do.
Speaker 3 (03:28):
Let's take some phone calls Bill, Hello, Bill, welcome.
Speaker 4 (03:34):
Oh hi one time listener, and enjoy your show. Thank you,
and just had for you about a retirement account. Basically,
I worked for a nonprofit for eight years from eighty
nine to ninety seven, and when I left in September.
Two months later, around December, I got a note saying
(03:54):
that I had funds vested in their pension plan. So
I didn't think much of it, and they said in
the note that they would contact me, excuse me, closer
to my retirement age. And I came upon this information
from some looking at some records in twenty twenty two.
So I reached out to them to see what happened
(04:15):
to the funds. And after about seven months of emails
back and forth and I documented all that, did get
a note from them finally saying that they don't have
any record of disbursement and it's always their custom and
practice to disperse right after an employee leaves, and that
(04:36):
never happened. And then I got just this week something
from Social Security saying that there were these benefit funds.
Let's see that this was reported to the IRS back
in ninety nine, so two years after I left, they
still had a record of it, though, they claimed they all, right.
Speaker 2 (04:57):
So I did clear this out here here you are
vested pension fund.
Speaker 3 (05:02):
You never got the money, right.
Speaker 2 (05:05):
Social Security says that you. I don't understand where the
connection is between Social Security and the pension plan.
Speaker 3 (05:13):
Explain that to me, please.
Speaker 4 (05:15):
They said, there's potential private retirement benefit information that was
reported to them.
Speaker 3 (05:20):
Social Security says that correct.
Speaker 2 (05:23):
Okay, uh okay, So when you want to know what
to do.
Speaker 4 (05:27):
About it, Yeah, they basically denied my claim I got
something from there.
Speaker 2 (05:33):
See, Okay, here's you get who is whoever's running the
pension plan. It's not the company, it's not your organization.
There is an administrator of the pension plan. That's what
those people do. That's the Those are the people you
want to contact. And you say, here I was working,
and they're saying, we have no record of it. Right here,
we have no record.
Speaker 4 (05:52):
We terminated the plan and switched to four one ks,
you know, twenty.
Speaker 3 (05:56):
Seven years ago and never told you. So.
Speaker 2 (05:59):
Okay, so that that's a little too social limitations. All right,
what does social Security say? Refresh my memory on that one.
Speaker 4 (06:08):
They just sent a note saying there's a potential retirement benefit.
Speaker 3 (06:12):
Okay, okay, here's what you do. Fair enough, fair enough.
Speaker 2 (06:15):
So at this point you've got the retirement plan to
tell you to go pound sand and it's just not
worth it because you're talking ten years of a pension plan,
probably not very much money.
Speaker 3 (06:25):
Oh but you know if you yeah so.
Speaker 4 (06:27):
Two thousand, twenty five years, yeah.
Speaker 3 (06:30):
Yeah, no, it's you all know it adds up.
Speaker 2 (06:32):
And then you've got unless it's a defined pension plan
where it's you know exactly how much it goes up.
For example, my pension plan the union I belong to after,
which is very sag after a very strange American Federation
of Radio and Television Artists.
Speaker 3 (06:48):
Figure that one out artists.
Speaker 2 (06:51):
In any case, you're better off saying the Electricians Artists Union.
So it is a defined plan that you get X
number of dollars, and it never goes up, never goes down.
It's these are the dollars you get. That's a defined plan.
And then you've got the other plans that are not defined,
and you've got four to one retirement plans.
Speaker 3 (07:10):
It's all different.
Speaker 2 (07:11):
And so to find out what Social Security does or
does not know one of the things I've always said,
So Security is actually a very good agency. They have
become so responsive. I think they're probably the best governmental
agency out there. And there you simply go on the
you simply go on the internet. And so Security office
(07:32):
you're local, and they have them all over the place,
and you simply make an appointment and you walk in.
You're gonna wait three minutes because they're pretty good about that.
And then you're gonna go to a clerk who sits
up there and you explain the situation to him or her.
And the few times that I have gone, I have
some social social security issues with my mother. For example,
I am I am anticipating retirement. So I went in
(07:53):
and some questions answered and they were just terrific. I mean,
I know I've hit people say that, Yeah they're eight.
Speaker 3 (08:00):
So that's here's the thing.
Speaker 4 (08:02):
Sorry to cut you off, but the notice I got
from them said to apply for these benefits, contact the
employee Administration plan back to the agency that I already contacts.
Speaker 3 (08:12):
Okay, and they're okay, and they're denying it. That's why
I think you go.
Speaker 2 (08:15):
To so you go to the Social Security to them, Yeah,
but you go to them to get some help. And
if it turns out that they say we can't do anything,
maybe they will. I'm just telling you there, if there
is a way that SO Security gets and can get involved,
they will. They're really good people, so they they I've
only seen them actually navigate, go through the hoops. And
(08:38):
then if it turns out it's the pension plan, I mean,
you got to mess on your hands.
Speaker 3 (08:43):
I mean you can sit there forever. Uh. And that's
that's it.
Speaker 2 (08:47):
It's only it's only in my opinion, it's it's only
so Security that can help you out on that this
is handle on the law. Welcome back to handle on
the law.
Speaker 3 (08:59):
Hey, how welcome to handle on the law.
Speaker 5 (09:03):
Well, thank you for taking my call. No, I have
a reverse mortgage for a condominium in cam Rio and
the HOA cannot get insurance because we've been deemed a.
Speaker 6 (09:18):
Fire hazard, which is questionable. You know why they did that,
but it's the insurance rate is out of sight. So
we have no fire insurance. And I can't get insurance
because I'm a condominium community property and there's other residences
in the area, single family homes. There's another HOA, but
(09:40):
nobody has a problem that pass because two hundred and
twenty homes. And because I have a reverse mortgage, it
stipulates that I have to have replaceable insurance. And now
there's no insurance because the HOA can't get it. So
am I in jeopardy of losing my house?
Speaker 3 (09:57):
And it really a year.
Speaker 2 (10:00):
Here is the deal, and that is contractually you have
to supply fire insurance with the mortgage the mortgage holder,
and that is part of the deal. Now your defense
is it has now become a physical impossibility to comply.
(10:22):
I cannot do it no matter how much I try.
I can't do it.
Speaker 5 (10:27):
So everybody no understand.
Speaker 2 (10:30):
And you have to so does the folks that are
holding were actually gonna be owning the house when you
die or selling it when you move.
Speaker 3 (10:41):
Do they have a contractual relationship you yes? Are you
supposed to do it? Yes?
Speaker 2 (10:47):
Can you do it no, no matter how much you try.
That's just an interesting question. I don't know which way
the courts have gone. Because they have a straight out
lawsuit against you or the.
Speaker 3 (10:58):
Ability to take the home.
Speaker 2 (10:59):
They absolutely or in other words, throw you out and
under the reverse mortgage and sue you for the amount
of money that you've already been given, and you go
back to square one. Uh, you can't pay them, then
they can foreclose. I mean, it's all in there. But
at the same time, your defense is, uh, the contract
is no longer able to be maintained. It has become
(11:23):
an impossibility.
Speaker 5 (11:25):
And why did they Why did they grant me a reverse.
Speaker 6 (11:27):
Mortgage knowing that that this.
Speaker 5 (11:30):
Can happen that you don't know, well, they didn't know that.
Speaker 6 (11:32):
Why would they.
Speaker 3 (11:35):
Let me ask you this? When did they give you
the reverse mortgage?
Speaker 5 (11:39):
This was about eleven twelve years ago?
Speaker 2 (11:41):
Yeah, how did they know you couldn't get fire insurance
eleven twelve years ago? Who the.
Speaker 5 (11:47):
Twelve years later?
Speaker 3 (11:49):
Because you have.
Speaker 2 (11:49):
A contract, Because you have a contract that says you
have to makesred it's not for st advertising. You get a.
Speaker 6 (12:02):
Take you home and then they find Outpole it's not
a loophole.
Speaker 2 (12:07):
It's not Howard, it's not a loophole. And force masure
is by the way, force masure.
Speaker 3 (12:13):
Does not apply here. Act of God does not apply here.
It's the insurance companies insurance. You're Howard, you're interrupting me.
Speaker 2 (12:22):
How can they do that because it was eleven years
ago and no one anticipated, uh, that fire insurance would
be so expensive that insurance companies simply won't ensure. All
it says is you have to maintain insurance. That's it,
(12:43):
nothing more, nothing less. And your defense is, uh, it
is impossible to get it not How did they know
that you should have known eleven years ago?
Speaker 3 (12:55):
How can you possibly.
Speaker 2 (12:56):
Advertise for uh a reverse mortgage with you should have
known the twelve years from then?
Speaker 3 (13:03):
Insurance companies wouldn't cover. None of that works.
Speaker 2 (13:06):
The only thing that works is it's impossible to do that.
You can no longer fulfill the terms of the contract.
And now that gets interesting. Is the court gonna say
too bad? Or is the court going.
Speaker 3 (13:19):
To say that they have to take the risk.
Speaker 2 (13:21):
In other words, they have to maintain the relationship that
you have with them, notwithstanding having.
Speaker 3 (13:28):
Insurance or not. I don't know which way the courts
have gone on that.
Speaker 2 (13:31):
If it were me, if I were the judge, i'd
give it to you, especially you can prove that you
tried everything.
Speaker 3 (13:38):
To get insurance. So I think that's a winner. Yeah,
I think so.
Speaker 2 (13:44):
But I don't know which way the cases have gone,
and it could be individual cases that hasn't gone up
on appeal. It's who knows at this point, because if
it hasn't gone up on appeal, there's no precedent.
Speaker 3 (13:56):
So every case is different.
Speaker 2 (13:58):
And so you wait until the insurance company goes after
the house or tries to undo the reverse mortgage.
Speaker 3 (14:05):
And you defend. That's it. You defend.
Speaker 2 (14:08):
And the good news is that there are two hundred
and eighty defendants here.
Speaker 3 (14:14):
So it's the HOA. You're already paying for HOA.
Speaker 2 (14:19):
You're paying through the dues, you're paying for an attorney already.
Speaker 3 (14:24):
Some reports are.
Speaker 2 (14:25):
Calling this the mother of all data breaches and what
are we talking about. Two point seven billion records were
stolen by cyber hackers from an entity known as National
Public Data.
Speaker 3 (14:35):
Now what is National Public Data.
Speaker 2 (14:37):
It's a company that provides background checks to employers and
other entities, and it is massive, and so many records
were stolen online and all of us were so vulnerable
as to how our online identity is out.
Speaker 3 (14:50):
There, we have zero control over.
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Speaker 3 (15:50):
This is Handle on the Law.
Speaker 1 (15:53):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:00):
To say his Handle on the Law marginal legal advice
where I tell you you have absolutely no case.
Speaker 3 (16:08):
Betty, Hi, Betty, welcome to Handle on the law.
Speaker 7 (16:12):
Thank you very much. Yes, last summer I had a
kid crash into me estimated at forty to fifty miles
an hour. He came charging at me. Once I got
out of the vehicle, of course, I was shaken up
and denied giving me his registration, proof of insurance, and
driver's license. The police officer came still didn't have it,
(16:34):
so I was left standing in the street just dazed,
with my vehicle not repaired. So fast tracked to today,
the attorney has not reached out to personally called to
check on me and had me try to find witnesses
and other things which I wasn't aware that needed to
be done. That's what I thought. The attorney was.
Speaker 3 (16:53):
Okay, okay, So let me let me ask you.
Speaker 2 (16:56):
First of all, the cop leaves you dazed on the street.
Was it a hit and run? Did the kid just leave?
Speaker 3 (17:04):
No?
Speaker 7 (17:04):
He came at me after I tried to get out
of the vehicle, demanding things. I called the police, they
came out. I wanted proof of insurance, registration and driver's lescense,
which he refused to do.
Speaker 3 (17:16):
Okay, he wouldn't give them, and he wouldn't give the
we a second.
Speaker 2 (17:18):
You wouldn't He wouldn't give the police that information because
the police would.
Speaker 7 (17:22):
Be as I wasn't sure. Yeah I would, I would
have thought so. But someone came out and stayed with
me and was there through the whole thing as well,
and was quite.
Speaker 8 (17:30):
Surprised by all of it.
Speaker 7 (17:31):
So today I'm still denied medical and my vehicle as.
Speaker 3 (17:37):
Okay, not repaired, sitting right, Okay.
Speaker 2 (17:40):
And when you say you're denied medical, I don't know, Well,
what medical do you need that you're denied or have
you had that you're denied?
Speaker 7 (17:48):
I was seriously injured and had how seriously injured? Oh, whiplash, concussions,
numbness in the body.
Speaker 3 (18:00):
Okay, Yeah, that's pretty serious. Okay.
Speaker 7 (18:03):
Uh.
Speaker 2 (18:03):
And at this point you're you have not been able
to contact the driver because you have no idea who
the driver is.
Speaker 7 (18:10):
Correct, Well, his insurance decided that they were not going
to fix my vehicle. I was denied taking it to
where I wanted to.
Speaker 3 (18:18):
Okay, hang on, Hang on a minute, Hold on a minute.
Speaker 2 (18:21):
So you do know who the driver is because you
were able to contact his insurance company.
Speaker 3 (18:26):
Correct.
Speaker 7 (18:27):
No, his insurance company finally contacted me in a letter
and they basically said they were not going to repair
the vehicle.
Speaker 2 (18:35):
Okay, and any are and you made a claim.
Speaker 3 (18:39):
I don't quite understand.
Speaker 2 (18:41):
They just called you out of the blue and said, Hi,
we're denying everything. They didn't ask you what happened, Yes,
just a letter okay. And so I'm I'm a little confused.
So you hire a lawyer and the lawyer is doing nothing?
Speaker 3 (18:56):
Correct?
Speaker 9 (18:57):
Correct?
Speaker 3 (18:57):
All right, get another lawyer. Okay, Yeah, go to handle
on the law. Go to handle on the law dot com.
Speaker 2 (19:04):
We've got lawyers and they're not going to do that
to you. You know, they're going to find out what's
going on. For a lawyer not to do anything that's
not a good lawyer.
Speaker 7 (19:13):
No, And he came highly recommended by two people. I
know that what.
Speaker 3 (19:17):
Happens, you know it happens.
Speaker 2 (19:18):
So maybe there's not enough money in it for him,
or he thinks there's something hinky with the case. I
don't know, but anyway, just go to the website, go
to handle on the Law dot com and talk to
one of our lawyers and at least you'll get an opinion.
Speaker 3 (19:30):
That's the easy way of doing it.
Speaker 2 (19:32):
None of that made a lot of sense, Okay, Bob,
Hello Bob, Welcome to Handle on the Law.
Speaker 3 (19:41):
Good morning, Bill. Yes I was recently, Bill.
Speaker 10 (19:45):
Yes, I'm here counsel. I was recent I was recently
named trustee my mother in law trust. What are my
responsibilities now and upon her death?
Speaker 3 (19:53):
Okay, well, you read the trust for one thing.
Speaker 2 (19:56):
If you're a trustee, it's kind of nice to know
what you what the trust says, although you know that's
not necessarily true. By the way, you can be named
a trustee and you never see the trust, and that
doesn't mean the trust is not legitimate. So you, first
of all, your responsibilities under the trust are following the
terms of the trust. Where the money goes. Does do
(20:19):
you sell property? Do you transfer ownership whatever the trust
says of your mom's estate?
Speaker 3 (20:27):
No, no, nope, you just do it. Under the trust. Nope,
you don't go to court at all.
Speaker 2 (20:31):
And then you have a fiduciary duty under the trust
that you have to follow exactly what the trust says.
And if there are beneficiaries, I think you show them
the trust. That's my opinion, because if they argue you're
screwing me, you're not giving me one hundred thousand dollars
(20:52):
which I know I'm due, and you're only giving me fifty,
and then you have a contest. So that's the responsibilities.
Speaker 3 (21:00):
That's why are you a beneficiary under the trust?
Speaker 2 (21:02):
You think?
Speaker 7 (21:04):
Yes?
Speaker 3 (21:05):
Okay? And how many and now where's the money? How
many siblings do you have?
Speaker 10 (21:09):
Well, I have one, but it's not my brother is not.
This is my mother in law, so it'd be my
wife and myself.
Speaker 2 (21:17):
Okay, all right, So do you have any idea who
she wants to leave the money to?
Speaker 3 (21:21):
Just talking to her?
Speaker 10 (21:23):
Probably mostly my wife, some kids, okay, all.
Speaker 3 (21:27):
Right, all right, your name? All right? Fair enough?
Speaker 2 (21:31):
Yeah, so that's it. Just follow the terms of the trust.
That's your responsibility. And make sure that you follow the
terms of the trust, because that's your legal duty.
Speaker 3 (21:42):
Assuming you're our trustee.
Speaker 11 (21:45):
Rob Hello, Rob, Hey, Bill quick question.
Speaker 2 (21:49):
Here.
Speaker 11 (21:49):
I got a situation where a landlord will not come
by for say, sometimes two months, sometimes three months, and
then and then demand two or three months with the
rent at a time.
Speaker 3 (22:03):
Wait a minute, whoa, whoa, whoa.
Speaker 2 (22:06):
The landlord comes and collects the rent check from you.
Speaker 11 (22:11):
Huh he sends his lackey to do.
Speaker 3 (22:14):
Okay, well, let me ask you. Okay, why uh?
Speaker 2 (22:16):
I frankly uh in the rental situations that I have
seen for the last forty years, uh to send him
a check? Can you get an account that you can
wire money in? Or does he say I'm going to
I'm going to The only way I'm going to get
paid is I have to go and pick up the check.
Speaker 11 (22:36):
Yeah, we never have any content. I actually work for
the guy, but he sends his guy to pick up
and the guy will show up out of the blue
without any warning. Sometimes for a month or.
Speaker 9 (22:47):
Two you don't see him.
Speaker 11 (22:49):
Question, okay, let me less.
Speaker 3 (22:53):
Is it legal? Yeah, it's perfectly legal. Illegal and that's all.
Speaker 11 (22:59):
Yeah. The only other thing that happens is he'll keep
the checks for another couple of months.
Speaker 3 (23:04):
Okay.
Speaker 11 (23:05):
So you have these financial yeah, so you have these
financial bombs going off in your bank account.
Speaker 3 (23:10):
When you don't, no, you don't, No, you don't.
Speaker 2 (23:14):
You make sure that the money is in the account,
and you make sure that the money is in your
account every month to pay it. And if you's sitting
there for six months, you've got six months worth of
money in your checking account and then one day it
all walks out the door. But you have the money,
you put it away. Where's the financial bomb.
Speaker 11 (23:36):
Well, it's just you know, it's just the fact that
you know, I'm sixty five years old and I just
took expenses over since my wife passed away last year,
so she used to handle all this for me.
Speaker 3 (23:48):
Okay, it's partially my fault. Yeah, Rob, it's oh your
I'm learning all you have to do.
Speaker 11 (23:55):
Thank you, thank all you do. I do have the money,
it's covered.
Speaker 3 (23:59):
Then that's then that's it. You have the money.
Speaker 2 (24:01):
As long as he's not charging you a late fee,
you're covered.
Speaker 3 (24:06):
You're fine. Just make sure you have the money in
the bank. Hm hmm. Is that legal? Yes?
Speaker 2 (24:11):
Yes, landlord can say I want to get paid every
six months and whatever deal you make or he holds
onto the check. Yes, that's not your problem. You have
to have the money there, that's for sure. You can't
pretend that you don't have the money there. If the
check is in cash and you think, oh boy, check
is in cash, it is my money.
Speaker 3 (24:30):
No, it doesn't work that way. This is handle on.
Speaker 2 (24:34):
The law and welcome back to handle on the law.
Marginal legal advice. Hey Hilda, welcome to handle on the law. Yeah, yes, ma'am.
Speaker 9 (24:51):
I was beckon by a dog and it was not
very serious. But that's a little bleeding and after about
two years I still have some pain and some residuals there.
I wanted to know if I could sue.
Speaker 2 (25:03):
So sure, and cars can sue. I mean, you're still
within the statue. The problem is, what do you think
you're going to get?
Speaker 9 (25:11):
Well, you know what, I what the issuer is to
care my bills.
Speaker 3 (25:18):
Right, I understand.
Speaker 2 (25:19):
So you're going to sue, and what do you think
you what do you think that's worth? You were bitten
it but a little bit, and two years later you're
developing pain there, which is subjective, which you say, by
the way, I'm not disbelieving you. I'm just giving you
the other side. I'm being the devil's advocate. And now
you have pain. What what do you think that is worth?
(25:41):
What would you ask for? Let's say you're in front
of a jury and your lawyer is asking for money,
and that's all you can ask for. By the way,
there's nothing else other than money.
Speaker 3 (25:50):
So what do you what would you ask for?
Speaker 9 (25:54):
Well, I was thinking about going to small claims and
getting small claims.
Speaker 3 (25:58):
I don't give you a dime you did. This is
not for small claims court. Oh yeah, So what do
you think it's worth?
Speaker 9 (26:07):
Well, I should embarrass just pay back my insurance, didn't I.
Speaker 3 (26:16):
Say spent? What do you mean pay back your insurance? Uh?
Speaker 2 (26:19):
The insurance gets it anyway for medical costs that it's been,
that's produced. But h okay, how much was the insurance
for that one incident?
Speaker 9 (26:31):
Well, I went to emergency.
Speaker 3 (26:33):
I understand, but let me ask you something. Don't you
pay monthly for insurance?
Speaker 9 (26:40):
Yes?
Speaker 7 (26:40):
I do?
Speaker 2 (26:41):
Okay, So how much how many days of insurance should
they pay for that you've paid?
Speaker 10 (26:47):
Well?
Speaker 9 (26:48):
Probably, I mean the visits that I made.
Speaker 3 (26:51):
I went, okay, So they.
Speaker 2 (26:52):
See insurance coming. But you're paying monthly for the insurance?
Should they give you one month? Two months a year?
Speaker 3 (27:00):
What do you think?
Speaker 9 (27:02):
And and also I have a baby care.
Speaker 3 (27:07):
Okay, so that's paid for by the government. Okay, how
much how much you pay a month for insurance? Hilda?
Speaker 2 (27:17):
Okay, and you got bit. So how many months do
you think the person should pay? I mean the dog
owner should pay. How much do you think you should pay?
Speaker 9 (27:29):
I mean I still have to pay?
Speaker 3 (27:31):
Okay, well said, can't answer that question, can you? I
just you know, I asked a question, you've got to
answer it.
Speaker 2 (27:38):
And sometimes see that was in inappropriate answer. Uh the
appropriate answer that he'll this should have given me when
I said how much does the dog owner pay under
these circumstances?
Speaker 3 (27:50):
The answer is uh ah, see that's the answer. Oh hey, Jennifer,
welcome to hell along the law.
Speaker 4 (28:01):
Hey, thank you?
Speaker 9 (28:02):
Yes?
Speaker 3 (28:02):
Sure? Should I go? Yes? Go ahead?
Speaker 1 (28:07):
Okay.
Speaker 8 (28:08):
So we purchased a couch through a company. Got the
deferred credit, you know, eighteen months free, no interest, just
make your payments on time. The original purchase was twenty
three eighty so far I paid fourteen eighty. There's about
nine hundred dollars left of a balance. They just added,
(28:29):
they said, the interest from the very beginning of the
couch at like thirty percent, and have added like two
thousand dollars, you say, and I still over two thousand dollars. Yeah,
can I do stupid?
Speaker 3 (28:41):
Well, here's the problem that you have.
Speaker 2 (28:44):
If you look at the sales agreement, and that says,
and I'm aware of these because I once bought furniture
exactly on those terms. It says right there, if you
are late, interest will accrue from the day that you
purchased the couch of the furniture. Right you've signed it,
(29:08):
you agree to it, which is why it's so important
to make those payments on time, because then you just
are nailed and thirty percent over the last whatever, over
twenty two hundred dollars, that is well thirty percent at
you bought it for what, let's say, two thousand dollars
(29:30):
per Yeah, yeah, so it's yeah.
Speaker 3 (29:34):
So it's a six hundred and something dollars a year
that day. Yeah. I've never been late.
Speaker 8 (29:44):
I had an auto payment.
Speaker 3 (29:46):
I've never been late.
Speaker 2 (29:47):
That's not their problem. That's the problem. It's not their problem.
Speaker 3 (29:51):
So there's there's no way to I.
Speaker 8 (29:53):
You said, if we were late. I've never been late
on the payments. My payments have always been on time.
Speaker 3 (30:00):
And they still added thirty percent.
Speaker 8 (30:03):
Yeah, that's different withdrawal every month.
Speaker 10 (30:07):
I looked at my friend got it every.
Speaker 3 (30:12):
I retract.
Speaker 2 (30:13):
Uh, you've got to call them, call the finance company
because it was financed, not the first And you say,
I got the proof that I paid on time. And
if they turn if they don't drop it, they or
they ding your credit. Put everything in writing, by the way,
(30:33):
make a phone call and uh, and follow up with
an email.
Speaker 3 (30:38):
You know, what's your name, what's your email?
Speaker 2 (30:41):
Uh? And you put them on notice. And if they
screw you, uh, you've got them. You've got them as
a matter of fact, almost to the point where you
want your credit ruined if you can prove that you
paid it on time and you inform them.
Speaker 8 (30:54):
Yes, And I, like I said, I went back to
my credit report to to make sure looked at my account.
I have an auto jebb it every month.
Speaker 2 (31:02):
Okay, and they haven't and they haven't done anything with
your credit, with your credit scores yet. It you ct
it early enough, unravel that all right, phone call, follow
it up by all emails and proof. All right, let
me tell you about your bad breath, and man, you
(31:22):
have plenty of it, we all do. So let me
suggest a way out of it with the Zelman's Minty Mouthmans,
tiny little capsules that you swallow. First of all, there's
mint coated, uh, they're coated with mint. You suck on
the men, then they're gone, the mint is gone. Then
you swallow or bite into them and the parsley seed
oil and the capsules goes to work inside the gut
(31:43):
and other min's don't do that. And that works on
bad breath and if you have dry mouth.
Speaker 3 (31:49):
That helps. And also they just make it feel good.
Speaker 2 (31:52):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours with Zelman's minteae Mouthmens, these.
Speaker 3 (31:58):
Things really work.
Speaker 2 (31:59):
H Let me suggest you get a hold of Zelman's
Zelmans dot com z E L M I n s
dot com fifteen percent off when you use the code
handle at checkout and take advantage of the fifteen percent
Zelmans dot com.
Speaker 3 (32:15):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 2 (32:20):
Catch my show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:09):
This is Handle on the Law marginal legal advice, where
I tell you have absolutely no case. If you're injured
need a lawyer, go to handle on the law dot com.
And if you're a lawyer and want to help our listeners,
please go to handle on the Law dot com. Click
on the join today tab at the top of the page.
Speaker 3 (00:26):
The following is up be recorded program.
Speaker 2 (00:29):
Okay, new law in California. And this has to do
with online subscriptions. When you order a service, when you
order almost anything, you order a supplement, you order platforms,
when you're watching TV, these are all online subscriptions. Well,
(00:50):
what companies have been accused of doing assigning people up
to that subscription without their consent, actually renewing the subscription
without notice of their consent.
Speaker 3 (01:00):
So here you.
Speaker 2 (01:01):
Are, the subscription is going to cost you eight bucks
a month for whatever, and this goes on for six months.
So you sign up for a year and you have
to cancel a month before or it rolls over.
Speaker 3 (01:16):
Well, you know, we get snagged on that.
Speaker 2 (01:18):
People forget, they really downplay it on the subscription base
and they put it in real small print and they
don't tell you about it. Well, new Law Assembly Build
twenty eight sixty three imposes a series of safeguards on
those subscription contracts, and it applies to subscriptions or purchasing
(01:39):
agreements that automatically renew and continue until terminated or convert
from free to paid automatically unless canceled. And then you
have to use this form and you have to give
them plenty of notice, and.
Speaker 3 (01:52):
If not, it rolls over no matter what.
Speaker 2 (01:55):
Well, the new law says that the businesses must obtain
express affirmative consent, which means it doesn't roll over unless
you the company sends to the subscriber a specific notification
do you want to extend?
Speaker 3 (02:15):
Do you want this to roll over? And if not,
they can't.
Speaker 2 (02:20):
And it requires businesses to give customers a real simple
way to cancel, either a toll free phone line an
online option that is obvious. Customers can cancel by just
clicking on a link or sending some pre formatted email. Basically,
it's consumer protection because these sleezball companies what they do
(02:44):
is they grab you and all of a sudden, you're
looking at a bill that automatically renews and.
Speaker 3 (02:48):
A lot of people are lazy.
Speaker 2 (02:49):
They don't look at their credit card bill if it's
four bucks, five bucks, six bucks, and you're.
Speaker 3 (02:53):
Really going to pay attention to it.
Speaker 2 (02:55):
A lot of people don't, and so you'll get something
that just rolls over, rolls over, and you don't pay
attention to it. Man, I've had that happen to me.
I'm looking much more carefully at my credit card bills
than I have before. And the law requires businesses to
send subscribers an annual reminder about how much the subscription
(03:19):
costs and how to cancel it. Okay, I'll buy that law.
Some I don't like, some I do.
Speaker 3 (03:28):
Let's take some phone calls Bill, Hello, Bill, welcome.
Speaker 4 (03:34):
Oh hi one time listener, and enjoy your show. Thank you,
and just had for you about a retirement account. Basically,
I worked for a nonprofit for eight years from eighty
nine to ninety seven, and when I left in September.
Two months later, around December, I got a note saying
(03:54):
that I had funds vested in their pension plan. So
I didn't think much of it, and they said in
the note that they would contact me, excuse me, closer
to my retirement age. And I came upon this information
from some looking at some records in twenty twenty two.
So I reached out to them to see what happened
(04:15):
to the funds. And after about seven months of emails
back and forth and I documented all that, did get
a note from them finally saying that they don't have
any record of disbursement and it's always their custom and
practice to disperse right after an employee leaves, and that
(04:36):
never happened. And then I got just this week something
from Social Security saying that there were these benefit funds.
Let's see that this was reported to the IRS back
in ninety nine, so two years after I left, they
still had a record of it, though, they claimed they all, right.
Speaker 2 (04:57):
So I did clear this out here here you are
vested pension fund.
Speaker 3 (05:02):
You never got the money, right.
Speaker 2 (05:05):
Social Security says that you. I don't understand where the
connection is between Social Security and the pension plan.
Speaker 3 (05:13):
Explain that to me, please.
Speaker 4 (05:15):
They said, there's potential private retirement benefit information that was
reported to them.
Speaker 3 (05:20):
Social Security says that correct.
Speaker 2 (05:23):
Okay, uh okay, So when you want to know what
to do.
Speaker 4 (05:27):
About it, Yeah, they basically denied my claim I got
something from there.
Speaker 2 (05:33):
See, Okay, here's you get who is whoever's running the
pension plan. It's not the company, it's not your organization.
There is an administrator of the pension plan. That's what
those people do. That's the Those are the people you
want to contact. And you say, here I was working,
and they're saying, we have no record of it. Right here,
we have no record.
Speaker 4 (05:52):
We terminated the plan and switched to four one ks,
you know, twenty.
Speaker 3 (05:56):
Seven years ago and never told you. So.
Speaker 2 (05:59):
Okay, so that that's a little too social limitations. All right,
what does social Security say? Refresh my memory on that one.
Speaker 4 (06:08):
They just sent a note saying there's a potential retirement benefit.
Speaker 3 (06:12):
Okay, okay, here's what you do. Fair enough, fair enough.
Speaker 2 (06:15):
So at this point you've got the retirement plan to
tell you to go pound sand and it's just not
worth it because you're talking ten years of a pension plan,
probably not very much money.
Speaker 3 (06:25):
Oh but you know if you yeah so.
Speaker 4 (06:27):
Two thousand, twenty five years, yeah.
Speaker 3 (06:30):
Yeah, no, it's you all know it adds up.
Speaker 2 (06:32):
And then you've got unless it's a defined pension plan
where it's you know exactly how much it goes up.
For example, my pension plan the union I belong to after,
which is very sag after a very strange American Federation
of Radio and Television Artists.
Speaker 3 (06:48):
Figure that one out artists.
Speaker 2 (06:51):
In any case, you're better off saying the Electricians Artists Union.
So it is a defined plan that you get X
number of dollars, and it never goes up, never goes down.
It's these are the dollars you get. That's a defined plan.
And then you've got the other plans that are not defined,
and you've got four to one retirement plans.
Speaker 3 (07:10):
It's all different.
Speaker 2 (07:11):
And so to find out what Social Security does or
does not know one of the things I've always said,
So Security is actually a very good agency. They have
become so responsive. I think they're probably the best governmental
agency out there. And there you simply go on the
you simply go on the internet. And so Security office
(07:32):
you're local, and they have them all over the place,
and you simply make an appointment and you walk in.
You're gonna wait three minutes because they're pretty good about that.
And then you're gonna go to a clerk who sits
up there and you explain the situation to him or her.
And the few times that I have gone, I have
some social social security issues with my mother. For example,
I am I am anticipating retirement. So I went in
(07:53):
and some questions answered and they were just terrific. I mean,
I know I've hit people say that, Yeah they're eight.
Speaker 3 (08:00):
So that's here's the thing.
Speaker 4 (08:02):
Sorry to cut you off, but the notice I got
from them said to apply for these benefits, contact the
employee Administration plan back to the agency that I already contacts.
Speaker 3 (08:12):
Okay, and they're okay, and they're denying it. That's why
I think you go.
Speaker 2 (08:15):
To so you go to the Social Security to them, Yeah,
but you go to them to get some help. And
if it turns out that they say we can't do anything,
maybe they will. I'm just telling you there, if there
is a way that SO Security gets and can get involved,
they will. They're really good people, so they they I've
only seen them actually navigate, go through the hoops. And
(08:38):
then if it turns out it's the pension plan, I mean,
you got to mess on your hands.
Speaker 3 (08:43):
I mean you can sit there forever. Uh. And that's
that's it.
Speaker 2 (08:47):
It's only it's only in my opinion, it's it's only
so Security that can help you out on that this
is handle on the law. Welcome back to handle on
the law.
Speaker 3 (08:59):
Hey, how welcome to handle on the law.
Speaker 5 (09:03):
Well, thank you for taking my call. No, I have
a reverse mortgage for a condominium in cam Rio and
the HOA cannot get insurance because we've been deemed a.
Speaker 6 (09:18):
Fire hazard, which is questionable. You know why they did that,
but it's the insurance rate is out of sight. So
we have no fire insurance. And I can't get insurance
because I'm a condominium community property and there's other residences
in the area, single family homes. There's another HOA, but
(09:40):
nobody has a problem that pass because two hundred and
twenty homes. And because I have a reverse mortgage, it
stipulates that I have to have replaceable insurance. And now
there's no insurance because the HOA can't get it. So
am I in jeopardy of losing my house?
Speaker 3 (09:57):
And it really a year.
Speaker 2 (10:00):
Here is the deal, and that is contractually you have
to supply fire insurance with the mortgage the mortgage holder,
and that is part of the deal. Now your defense
is it has now become a physical impossibility to comply.
(10:22):
I cannot do it no matter how much I try.
I can't do it.
Speaker 5 (10:27):
So everybody no understand.
Speaker 2 (10:30):
And you have to so does the folks that are
holding were actually gonna be owning the house when you
die or selling it when you move.
Speaker 3 (10:41):
Do they have a contractual relationship you yes? Are you
supposed to do it? Yes?
Speaker 2 (10:47):
Can you do it no, no matter how much you try.
That's just an interesting question. I don't know which way
the courts have gone. Because they have a straight out
lawsuit against you or the.
Speaker 3 (10:58):
Ability to take the home.
Speaker 2 (10:59):
They absolutely or in other words, throw you out and
under the reverse mortgage and sue you for the amount
of money that you've already been given, and you go
back to square one. Uh, you can't pay them, then
they can foreclose. I mean, it's all in there. But
at the same time, your defense is, uh, the contract
is no longer able to be maintained. It has become
(11:23):
an impossibility.
Speaker 5 (11:25):
And why did they Why did they grant me a reverse.
Speaker 6 (11:27):
Mortgage knowing that that this.
Speaker 5 (11:30):
Can happen that you don't know, well, they didn't know that.
Speaker 6 (11:32):
Why would they.
Speaker 3 (11:35):
Let me ask you this? When did they give you
the reverse mortgage?
Speaker 5 (11:39):
This was about eleven twelve years ago?
Speaker 2 (11:41):
Yeah, how did they know you couldn't get fire insurance
eleven twelve years ago? Who the.
Speaker 5 (11:47):
Twelve years later?
Speaker 3 (11:49):
Because you have.
Speaker 2 (11:49):
A contract, Because you have a contract that says you
have to makesred it's not for st advertising. You get a.
Speaker 6 (12:02):
Take you home and then they find Outpole it's not
a loophole.
Speaker 2 (12:07):
It's not Howard, it's not a loophole. And force masure
is by the way, force masure.
Speaker 3 (12:13):
Does not apply here. Act of God does not apply here.
It's the insurance companies insurance. You're Howard, you're interrupting me.
Speaker 2 (12:22):
How can they do that because it was eleven years
ago and no one anticipated, uh, that fire insurance would
be so expensive that insurance companies simply won't ensure. All
it says is you have to maintain insurance. That's it,
(12:43):
nothing more, nothing less. And your defense is, uh, it
is impossible to get it not How did they know
that you should have known eleven years ago?
Speaker 3 (12:55):
How can you possibly.
Speaker 2 (12:56):
Advertise for uh a reverse mortgage with you should have
known the twelve years from then?
Speaker 3 (13:03):
Insurance companies wouldn't cover. None of that works.
Speaker 2 (13:06):
The only thing that works is it's impossible to do that.
You can no longer fulfill the terms of the contract.
And now that gets interesting. Is the court gonna say
too bad? Or is the court going.
Speaker 3 (13:19):
To say that they have to take the risk.
Speaker 2 (13:21):
In other words, they have to maintain the relationship that
you have with them, notwithstanding having.
Speaker 3 (13:28):
Insurance or not. I don't know which way the courts
have gone on that.
Speaker 2 (13:31):
If it were me, if I were the judge, i'd
give it to you, especially you can prove that you
tried everything.
Speaker 3 (13:38):
To get insurance. So I think that's a winner. Yeah,
I think so.
Speaker 2 (13:44):
But I don't know which way the cases have gone,
and it could be individual cases that hasn't gone up
on appeal. It's who knows at this point, because if
it hasn't gone up on appeal, there's no precedent.
Speaker 3 (13:56):
So every case is different.
Speaker 2 (13:58):
And so you wait until the insurance company goes after
the house or tries to undo the reverse mortgage.
Speaker 3 (14:05):
And you defend. That's it. You defend.
Speaker 2 (14:08):
And the good news is that there are two hundred
and eighty defendants here.
Speaker 3 (14:14):
So it's the HOA. You're already paying for HOA.
Speaker 2 (14:19):
You're paying through the dues, you're paying for an attorney already.
Speaker 3 (14:24):
Some reports are.
Speaker 2 (14:25):
Calling this the mother of all data breaches and what
are we talking about. Two point seven billion records were
stolen by cyber hackers from an entity known as National
Public Data.
Speaker 3 (14:35):
Now what is National Public Data.
Speaker 2 (14:37):
It's a company that provides background checks to employers and
other entities, and it is massive, and so many records
were stolen online and all of us were so vulnerable
as to how our online identity is out.
Speaker 3 (14:50):
There, we have zero control over.
Speaker 2 (14:52):
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Speaker 3 (15:50):
This is Handle on the Law.
Speaker 1 (15:53):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (16:00):
To say his Handle on the Law marginal legal advice
where I tell you you have absolutely no case.
Speaker 3 (16:08):
Betty, Hi, Betty, welcome to Handle on the law.
Speaker 7 (16:12):
Thank you very much. Yes, last summer I had a
kid crash into me estimated at forty to fifty miles
an hour. He came charging at me. Once I got
out of the vehicle, of course, I was shaken up
and denied giving me his registration, proof of insurance, and
driver's license. The police officer came still didn't have it,
(16:34):
so I was left standing in the street just dazed,
with my vehicle not repaired. So fast tracked to today,
the attorney has not reached out to personally called to
check on me and had me try to find witnesses
and other things which I wasn't aware that needed to
be done. That's what I thought. The attorney was.
Speaker 3 (16:53):
Okay, okay, So let me let me ask you.
Speaker 2 (16:56):
First of all, the cop leaves you dazed on the street.
Was it a hit and run? Did the kid just leave?
Speaker 3 (17:04):
No?
Speaker 7 (17:04):
He came at me after I tried to get out
of the vehicle, demanding things. I called the police, they
came out. I wanted proof of insurance, registration and driver's lescense,
which he refused to do.
Speaker 3 (17:16):
Okay, he wouldn't give them, and he wouldn't give the
we a second.
Speaker 2 (17:18):
You wouldn't He wouldn't give the police that information because
the police would.
Speaker 7 (17:22):
Be as I wasn't sure. Yeah I would, I would
have thought so. But someone came out and stayed with
me and was there through the whole thing as well,
and was quite.
Speaker 8 (17:30):
Surprised by all of it.
Speaker 7 (17:31):
So today I'm still denied medical and my vehicle as.
Speaker 3 (17:37):
Okay, not repaired, sitting right, Okay.
Speaker 2 (17:40):
And when you say you're denied medical, I don't know, Well,
what medical do you need that you're denied or have
you had that you're denied?
Speaker 7 (17:48):
I was seriously injured and had how seriously injured? Oh, whiplash, concussions,
numbness in the body.
Speaker 3 (18:00):
Okay, Yeah, that's pretty serious. Okay.
Speaker 7 (18:03):
Uh.
Speaker 2 (18:03):
And at this point you're you have not been able
to contact the driver because you have no idea who
the driver is.
Speaker 7 (18:10):
Correct, Well, his insurance decided that they were not going
to fix my vehicle. I was denied taking it to
where I wanted to.
Speaker 3 (18:18):
Okay, hang on, Hang on a minute, Hold on a minute.
Speaker 2 (18:21):
So you do know who the driver is because you
were able to contact his insurance company.
Speaker 3 (18:26):
Correct.
Speaker 7 (18:27):
No, his insurance company finally contacted me in a letter
and they basically said they were not going to repair
the vehicle.
Speaker 2 (18:35):
Okay, and any are and you made a claim.
Speaker 3 (18:39):
I don't quite understand.
Speaker 2 (18:41):
They just called you out of the blue and said, Hi,
we're denying everything. They didn't ask you what happened, Yes,
just a letter okay. And so I'm I'm a little confused.
So you hire a lawyer and the lawyer is doing nothing?
Speaker 3 (18:56):
Correct?
Speaker 9 (18:57):
Correct?
Speaker 3 (18:57):
All right, get another lawyer. Okay, Yeah, go to handle
on the law. Go to handle on the law dot com.
Speaker 2 (19:04):
We've got lawyers and they're not going to do that
to you. You know, they're going to find out what's
going on. For a lawyer not to do anything that's
not a good lawyer.
Speaker 7 (19:13):
No, And he came highly recommended by two people. I
know that what.
Speaker 3 (19:17):
Happens, you know it happens.
Speaker 2 (19:18):
So maybe there's not enough money in it for him,
or he thinks there's something hinky with the case. I
don't know, but anyway, just go to the website, go
to handle on the Law dot com and talk to
one of our lawyers and at least you'll get an opinion.
Speaker 3 (19:30):
That's the easy way of doing it.
Speaker 2 (19:32):
None of that made a lot of sense, Okay, Bob,
Hello Bob, Welcome to Handle on the Law.
Speaker 3 (19:41):
Good morning, Bill. Yes I was recently, Bill.
Speaker 10 (19:45):
Yes, I'm here counsel. I was recent I was recently
named trustee my mother in law trust. What are my
responsibilities now and upon her death?
Speaker 3 (19:53):
Okay, well, you read the trust for one thing.
Speaker 2 (19:56):
If you're a trustee, it's kind of nice to know
what you what the trust says, although you know that's
not necessarily true. By the way, you can be named
a trustee and you never see the trust, and that
doesn't mean the trust is not legitimate. So you, first
of all, your responsibilities under the trust are following the
terms of the trust. Where the money goes. Does do
(20:19):
you sell property? Do you transfer ownership whatever the trust
says of your mom's estate?
Speaker 3 (20:27):
No, no, nope, you just do it. Under the trust. Nope,
you don't go to court at all.
Speaker 2 (20:31):
And then you have a fiduciary duty under the trust
that you have to follow exactly what the trust says.
And if there are beneficiaries, I think you show them
the trust. That's my opinion, because if they argue you're
screwing me, you're not giving me one hundred thousand dollars
(20:52):
which I know I'm due, and you're only giving me fifty,
and then you have a contest. So that's the responsibilities.
Speaker 3 (21:00):
That's why are you a beneficiary under the trust?
Speaker 2 (21:02):
You think?
Speaker 7 (21:04):
Yes?
Speaker 3 (21:05):
Okay? And how many and now where's the money? How
many siblings do you have?
Speaker 10 (21:09):
Well, I have one, but it's not my brother is not.
This is my mother in law, so it'd be my
wife and myself.
Speaker 2 (21:17):
Okay, all right, So do you have any idea who
she wants to leave the money to?
Speaker 3 (21:21):
Just talking to her?
Speaker 10 (21:23):
Probably mostly my wife, some kids, okay, all.
Speaker 3 (21:27):
Right, all right, your name? All right? Fair enough?
Speaker 2 (21:31):
Yeah, so that's it. Just follow the terms of the trust.
That's your responsibility. And make sure that you follow the
terms of the trust, because that's your legal duty.
Speaker 3 (21:42):
Assuming you're our trustee.
Speaker 11 (21:45):
Rob Hello, Rob, Hey, Bill quick question.
Speaker 2 (21:49):
Here.
Speaker 11 (21:49):
I got a situation where a landlord will not come
by for say, sometimes two months, sometimes three months, and
then and then demand two or three months with the
rent at a time.
Speaker 3 (22:03):
Wait a minute, whoa, whoa, whoa.
Speaker 2 (22:06):
The landlord comes and collects the rent check from you.
Speaker 11 (22:11):
Huh he sends his lackey to do.
Speaker 3 (22:14):
Okay, well, let me ask you. Okay, why uh?
Speaker 2 (22:16):
I frankly uh in the rental situations that I have
seen for the last forty years, uh to send him
a check? Can you get an account that you can
wire money in? Or does he say I'm going to
I'm going to The only way I'm going to get
paid is I have to go and pick up the check.
Speaker 11 (22:36):
Yeah, we never have any content. I actually work for
the guy, but he sends his guy to pick up
and the guy will show up out of the blue
without any warning. Sometimes for a month or.
Speaker 9 (22:47):
Two you don't see him.
Speaker 11 (22:49):
Question, okay, let me less.
Speaker 3 (22:53):
Is it legal? Yeah, it's perfectly legal. Illegal and that's all.
Speaker 11 (22:59):
Yeah. The only other thing that happens is he'll keep
the checks for another couple of months.
Speaker 3 (23:04):
Okay.
Speaker 11 (23:05):
So you have these financial yeah, so you have these
financial bombs going off in your bank account.
Speaker 3 (23:10):
When you don't, no, you don't, No, you don't.
Speaker 2 (23:14):
You make sure that the money is in the account,
and you make sure that the money is in your
account every month to pay it. And if you's sitting
there for six months, you've got six months worth of
money in your checking account and then one day it
all walks out the door. But you have the money,
you put it away. Where's the financial bomb.
Speaker 11 (23:36):
Well, it's just you know, it's just the fact that
you know, I'm sixty five years old and I just
took expenses over since my wife passed away last year,
so she used to handle all this for me.
Speaker 3 (23:48):
Okay, it's partially my fault. Yeah, Rob, it's oh your
I'm learning all you have to do.
Speaker 11 (23:55):
Thank you, thank all you do. I do have the money,
it's covered.
Speaker 3 (23:59):
Then that's then that's it. You have the money.
Speaker 2 (24:01):
As long as he's not charging you a late fee,
you're covered.
Speaker 3 (24:06):
You're fine. Just make sure you have the money in
the bank. Hm hmm. Is that legal? Yes?
Speaker 2 (24:11):
Yes, landlord can say I want to get paid every
six months and whatever deal you make or he holds
onto the check. Yes, that's not your problem. You have
to have the money there, that's for sure. You can't
pretend that you don't have the money there. If the
check is in cash and you think, oh boy, check
is in cash, it is my money.
Speaker 3 (24:30):
No, it doesn't work that way. This is handle on.
Speaker 2 (24:34):
The law and welcome back to handle on the law.
Marginal legal advice. Hey Hilda, welcome to handle on the law. Yeah, yes, ma'am.
Speaker 9 (24:51):
I was beckon by a dog and it was not
very serious. But that's a little bleeding and after about
two years I still have some pain and some residuals there.
I wanted to know if I could sue.
Speaker 2 (25:03):
So sure, and cars can sue. I mean, you're still
within the statue. The problem is, what do you think
you're going to get?
Speaker 9 (25:11):
Well, you know what, I what the issuer is to
care my bills.
Speaker 3 (25:18):
Right, I understand.
Speaker 2 (25:19):
So you're going to sue, and what do you think
you what do you think that's worth? You were bitten
it but a little bit, and two years later you're
developing pain there, which is subjective, which you say, by
the way, I'm not disbelieving you. I'm just giving you
the other side. I'm being the devil's advocate. And now
you have pain. What what do you think that is worth?
(25:41):
What would you ask for? Let's say you're in front
of a jury and your lawyer is asking for money,
and that's all you can ask for. By the way,
there's nothing else other than money.
Speaker 3 (25:50):
So what do you what would you ask for?
Speaker 9 (25:54):
Well, I was thinking about going to small claims and
getting small claims.
Speaker 3 (25:58):
I don't give you a dime you did. This is
not for small claims court. Oh yeah, So what do
you think it's worth?
Speaker 9 (26:07):
Well, I should embarrass just pay back my insurance, didn't I.
Speaker 3 (26:16):
Say spent? What do you mean pay back your insurance? Uh?
Speaker 2 (26:19):
The insurance gets it anyway for medical costs that it's been,
that's produced. But h okay, how much was the insurance
for that one incident?
Speaker 9 (26:31):
Well, I went to emergency.
Speaker 3 (26:33):
I understand, but let me ask you something. Don't you
pay monthly for insurance?
Speaker 9 (26:40):
Yes?
Speaker 7 (26:40):
I do?
Speaker 2 (26:41):
Okay, So how much how many days of insurance should
they pay for that you've paid?
Speaker 10 (26:47):
Well?
Speaker 9 (26:48):
Probably, I mean the visits that I made.
Speaker 3 (26:51):
I went, okay, So they.
Speaker 2 (26:52):
See insurance coming. But you're paying monthly for the insurance?
Should they give you one month? Two months a year?
Speaker 3 (27:00):
What do you think?
Speaker 9 (27:02):
And and also I have a baby care.
Speaker 3 (27:07):
Okay, so that's paid for by the government. Okay, how
much how much you pay a month for insurance? Hilda?
Speaker 2 (27:17):
Okay, and you got bit. So how many months do
you think the person should pay? I mean the dog
owner should pay. How much do you think you should pay?
Speaker 9 (27:29):
I mean I still have to pay?
Speaker 3 (27:31):
Okay, well said, can't answer that question, can you? I
just you know, I asked a question, you've got to
answer it.
Speaker 2 (27:38):
And sometimes see that was in inappropriate answer. Uh the
appropriate answer that he'll this should have given me when
I said how much does the dog owner pay under
these circumstances?
Speaker 3 (27:50):
The answer is uh ah, see that's the answer. Oh hey, Jennifer,
welcome to hell along the law.
Speaker 4 (28:01):
Hey, thank you?
Speaker 9 (28:02):
Yes?
Speaker 3 (28:02):
Sure? Should I go? Yes? Go ahead?
Speaker 1 (28:07):
Okay.
Speaker 8 (28:08):
So we purchased a couch through a company. Got the
deferred credit, you know, eighteen months free, no interest, just
make your payments on time. The original purchase was twenty
three eighty so far I paid fourteen eighty. There's about
nine hundred dollars left of a balance. They just added,
(28:29):
they said, the interest from the very beginning of the
couch at like thirty percent, and have added like two
thousand dollars, you say, and I still over two thousand dollars. Yeah,
can I do stupid?
Speaker 3 (28:41):
Well, here's the problem that you have.
Speaker 2 (28:44):
If you look at the sales agreement, and that says,
and I'm aware of these because I once bought furniture
exactly on those terms. It says right there, if you
are late, interest will accrue from the day that you
purchased the couch of the furniture. Right you've signed it,
(29:08):
you agree to it, which is why it's so important
to make those payments on time, because then you just
are nailed and thirty percent over the last whatever, over
twenty two hundred dollars, that is well thirty percent at
you bought it for what, let's say, two thousand dollars
(29:30):
per Yeah, yeah, so it's yeah.
Speaker 3 (29:34):
So it's a six hundred and something dollars a year
that day. Yeah. I've never been late.
Speaker 8 (29:44):
I had an auto payment.
Speaker 3 (29:46):
I've never been late.
Speaker 2 (29:47):
That's not their problem. That's the problem. It's not their problem.
Speaker 3 (29:51):
So there's there's no way to I.
Speaker 8 (29:53):
You said, if we were late. I've never been late
on the payments. My payments have always been on time.
Speaker 3 (30:00):
And they still added thirty percent.
Speaker 8 (30:03):
Yeah, that's different withdrawal every month.
Speaker 10 (30:07):
I looked at my friend got it every.
Speaker 3 (30:12):
I retract.
Speaker 2 (30:13):
Uh, you've got to call them, call the finance company
because it was financed, not the first And you say,
I got the proof that I paid on time. And
if they turn if they don't drop it, they or
they ding your credit. Put everything in writing, by the way,
(30:33):
make a phone call and uh, and follow up with
an email.
Speaker 3 (30:38):
You know, what's your name, what's your email?
Speaker 2 (30:41):
Uh? And you put them on notice. And if they
screw you, uh, you've got them. You've got them as
a matter of fact, almost to the point where you
want your credit ruined if you can prove that you
paid it on time and you inform them.
Speaker 8 (30:54):
Yes, And I, like I said, I went back to
my credit report to to make sure looked at my account.
I have an auto jebb it every month.
Speaker 2 (31:02):
Okay, and they haven't and they haven't done anything with
your credit, with your credit scores yet. It you ct
it early enough, unravel that all right, phone call, follow
it up by all emails and proof. All right, let
me tell you about your bad breath, and man, you
(31:22):
have plenty of it, we all do. So let me
suggest a way out of it with the Zelman's Minty Mouthmans,
tiny little capsules that you swallow. First of all, there's
mint coated, uh, they're coated with mint. You suck on
the men, then they're gone, the mint is gone. Then
you swallow or bite into them and the parsley seed
oil and the capsules goes to work inside the gut
(31:43):
and other min's don't do that. And that works on
bad breath and if you have dry mouth.
Speaker 3 (31:49):
That helps. And also they just make it feel good.
Speaker 2 (31:52):
You know, there's nothing like when you brush your teeth,
for example, you have that fresh feeling we do with
hours with Zelman's minteae Mouthmens, these.
Speaker 3 (31:58):
Things really work.
Speaker 2 (31:59):
H Let me suggest you get a hold of Zelman's
Zelmans dot com z E L M I n s
dot com fifteen percent off when you use the code
handle at checkout and take advantage of the fifteen percent
Zelmans dot com.
Speaker 3 (32:15):
This is Handle on the law. You've been listening to
the Bill Handle show.
Speaker 2 (32:20):
Catch my show Monday through Friday six am to nine
am and anytime on demand on the iHeartRadio app
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