Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law Marginal Legal Advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, to go to HANDLE on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page. The following
is up he recorded program. This is Handle on the Law,
Marginal Legal Advice, where I tell you you have absolutely
no case. Christy Nome, who is the Homeland Security Secretary,
(00:43):
appeared in front of a Senate committee. And the way
it works where you have cabinet members, virtually anybody in
government subpoenaed by the Senate or asked to appear in
front of the Senate or the House, the representative and
whatever committee and they get nailed because part of what
the Senate and the House does is they have an
executive well, they have a legislative investigative function not only
(01:06):
to pass bills, but to investigate what's going on so
they can pass bills so Christinome who also is doing
commercials and all over the country, and we have them
here at my station where I broadcast run in the
Los Angeles KFI, and I'm hearing these commercials every day saying,
first of all, here's a couple of instances of horrific
(01:29):
crimes that have been done by illegal aliens. And number two,
if you happen to be illegal in this country, get out.
You can be put in prison, you can make a
major fine, and if you self deport you can come
back in the country at some point legally, which is
a complete croc by the way. Okay, So she is
in front of the Senate and arguing the case for
(01:54):
the deportation of Venezuelans particularly and arresting them and deporting them.
And the argument is you didn't even give them a
chance to argue whether or not they deserve to be deported.
Do they have any defenses? And this has to do
with the argument or the concept of habeas corpus. Habeas
(02:14):
corpus is in the Constitution. It goes back to common
law times with England where we got most of our laws,
and it really means, well paraphrasing, bring me the body,
bring me, and that's not the body, dead body, bring
me the person in front of the court, and the
(02:34):
court orders that the authorities whoever has arrested or detained
that person to come into court with the body, with
the person and defend the detention or the arrest in
front of the judge. If you don't have habeas corpus,
then the authorities, the government can simply arrest or detain
(02:57):
anybody forever and the judiciary doesn't get involved. The way
our government works, if someone has been arrested or detained,
the right to go into court get a writ of
habeas corpus, which means that incomes the government saying here
is why we have detained this person, and the court,
(03:18):
an independent division of government, makes that determination. And so
that's a basic premise. So Senator Maggie Hassen asks Homeland
Security Secretary Christinome, what is habeas corpus, because remember she
is that Christinome is defending arresting and deporting people without
(03:39):
going in front of a judge. And what Noam said
was that it is a constitutional right that the president
has to be able to remove people from this country
and suspend their rights, which is absolutely not true. She
has it complete, deletely wrong, And unfortunately that's the philosophy.
(04:05):
It is a constitutional fundamental right of Americans or any
member of a free society to say I have the
right to go in front of a judge and question
my detention or arrest. Christine. Um, there you go by
the way that happens to be in Section nine, Article one,
(04:29):
Article one of the Constitution of the United States, and
that's the Habeas Corpus Act, which came from English common law.
The Habeas Corpus Act in England was enacted in sixteen
seventy nine. If it gives you an example of how
important that is, Okay, let's take some phone calls. Nate, Hello, Nate, welcome, Hi.
Speaker 2 (04:54):
Can you hear me?
Speaker 3 (04:54):
Okay, yeah, I can great, Okay. So I have a trailer.
It needed around ten thousand dollars worth of repairs. I
hired a mobile mechanic to come and do this. We
don't have any official paperwork or like a contract sign.
He sent me a picture of an invoice. I agreed
(05:15):
to it over texts, cut him a check for fifty
five hundred dollars. He cashed it and started showing up.
In July of twenty twenty four to start working.
Speaker 4 (05:28):
On it.
Speaker 3 (05:30):
Six months later. His work sucks. He showed up not
very much and eventually just quit showing up at all.
And I'm not happy with anything that he did. I'm
going to have to redo it.
Speaker 1 (05:43):
All, all right, So I.
Speaker 3 (05:45):
Want to take him to small claims court, right and
just do it.
Speaker 1 (05:50):
That's exactly what you do. That's exactly what you do.
And the argument's going to be, he did X amount
of work and he should be paid for it. And
your argument is going to be the work sucks. Now
you have to basically defend yourself. I mean, he's got
to prove, and he will prove he's done the work.
(06:10):
Your defense in WHYU he owes you all the money
back is that the work sucks. So you're gonna have
to prove that. And how do you prove that? You
bring in another mechanic who will say, who will state,
you know what, this work sucks, it's not up to par.
And then the judge is gonna believe one way or
the other, which way to go. The judge says, Okay,
(06:32):
this is worth X number of dollars, so you get
back three thousand instead of the fifty five hundred or
you get back all of it, or I rule that
he's done fifty five hundred dollars worth of work and
you get nothing. But you know you're throwing it up.
A small claim SCORES is not gonna cost you anything,
(06:53):
maybe one hundred bucks to file it, and they just
get all of your ducks in a row. Get as
much proof as you can. So when he argues I've
done the work, it's good work, you go, oh no,
it is not. Oh you suh. That's his defense. So
that's his defense when you sue him. So and keep
(07:14):
in mind you've got to establish. You've got to prove
he did a bad job because you're suing him.
Speaker 3 (07:20):
Okay, well to the trailer is still unfinished.
Speaker 1 (07:23):
Well then that's good. That's good. Then that's part of
your proof. What's he gonna say the trailer's finished. He's not.
Of course he's not. Because if it's not, so you're
gonna be fine. All right, Before we take a break,
I want to talk about you hurting and people hurt.
And if you live in chronic pain or you know
someone who does, and I do because I live with
(07:45):
someone who lives in chronic pain. Happens to be my wife.
There is a podcast that she created. It is called
the Pain Game Podcast, and it helps people deal with
and people who live with folks who are are suffering
chronic pain twenty four to seven and to watch it
is so frustrating and what do I do? What can
(08:06):
I do? And so the Pain Game Podcast helps people
deal with this, and it really does work. It helps
people enormously, enormously. Every episode actually ends with a message
of hope, and you'll understand that it's about giving pain purpose.
That's really counterintuitive, but that's what it's about. So listen
(08:28):
to the Pain Game Podcast wherever you listen to podcasts,
and also, you know, go on subscribe and you'll get
information about this throughout the week and they don't blow
you out with all of these emails five times a day.
It's really good stuff. So sign up at the Pain
Game podcast. That's at the Pain Game Podcast and listen
(08:51):
to the Pain Game podcasts and new episodes drop every week.
All right, we'll take a break, come back. This is
on the law. Kay, fine, he'll handle here on a
Saturday morning right up until eleven o'clock eight hundred and
five two zero one five three four Back we go
More handle on the Law Marginal legal Advice. Michael. Hi, Michael,
(09:16):
welcome to handle on the law.
Speaker 5 (09:19):
Yes, good morning, sir, Yes, sir. About twelve years ago,
I got caught coming from Mexico coming back into the
United States, and I had about seven grams of weed
on me, not a lot, and they embarrassed me, took
me out of line, threw me in jail for about
three or four hours. They released me and gave me
my passport back, and about a week later, in the mail,
(09:44):
I received a letter and it had to let a
head on it and everything, saying that they wanted five
thousand dollars. So I just laughed and threw it in
the trash, and I decided then I wouldn't want to
go back to the Mexico. Whatever I wanted or needed,
I'd just get on the United States side. So if
for any reason in the future, if I wanted to
travel back to Mexico, would they bring that up or
(10:06):
hold that against Okay, because I'm not paying them.
Speaker 1 (10:08):
Yeah, Michael, let me ask what you said it was
on letterhead? Who sent you the letter?
Speaker 5 (10:15):
Assuming I guess it was from the their Mexican police source.
Speaker 1 (10:19):
Okay, they're okay, they're police, and you got caught bringing
the pot in on the Mexican side.
Speaker 5 (10:27):
Yes, I was in line coming back, got it?
Speaker 6 (10:29):
Okay?
Speaker 1 (10:29):
They were lying and they cut you on the Meccan side.
And uh so, uh, you got this letter twelve years ago,
years ago, okay, and they just and you got a
letter when you got a letter at that time, Did
you get another letter recently?
Speaker 5 (10:46):
No, twelve years ago after that happened about a week later.
Speaker 1 (10:51):
Okay, got it? Okay, I understand, and you and you
ignored it, uh okay. So, and you want to know
if you can go back to Mexico.
Speaker 5 (10:59):
If I decide to, will they hold that against me?
Speaker 6 (11:01):
Yes, sir?
Speaker 1 (11:02):
You know, well a couple of things. How do you
feel about getting a new Mexican boyfriend named Bubba? That's
for starters? Oh goodness, you know, I don't know, you know, Michael,
You know, I don't know. Are they going to arrest
you for this? This is Mexico and they're so corrupt
(11:22):
down there that you don't know which way to go
on this. You know, I don't know what I take
a chance. I don't think anything's gonna happen, because I
don't think they're going to grab you. You know, they
keep records from twelve years ago. And remember you don't
have to you know, when you cross into Mexico. I mean,
they don't care if you show a passport, don't show
(11:42):
a passport. They just let you in the door. So
how would the authorities even even know that you are
going into Mexico? I have no idea. So I'm assuming
you would have to either get a ticket and and
I don't know if they even have the technology like
we do in the States, where they say, hang on
a minute, grab your license, hang on a minute, I'll
be right back, and they go in their car and
(12:04):
they're gone for ten to fifteen minutes. And what they're doing,
of course, is going on the computer, the national database
to find out if there's a warrant or if there's
any issue with well, it would be a warrant for
your arrest. And so then they come back and go, Hi,
we'd arrest you. That's the United States. Do they do
that in Mexico? I have no idea. I would guess not.
(12:26):
And from twelve twelve years ago asking you for a
civil fine five thousand dollars, is that translate into some
kind of liability you have. If I had to guess,
it would be no. On the other hand, let's go
back to your new Mexican boyfriend, Bubba that you're going
to be living with in a very small space. So
(12:49):
would I do it? No? But then I'm not crazy
about Mexico either. Do you have this thing about Mexico
that you want to go back?
Speaker 6 (12:57):
No?
Speaker 5 (12:57):
I don't. And another reason why, I add, because I
saw a story on the news. A guy got arrested.
I believe it was. I don't know if it's retinal
recognition or something. He was driving, though he wasn't a
pedestrian like I was. He was driving and he came back.
He done something, some dirt he did a while ago.
Speaker 2 (13:16):
I mean, that's weird.
Speaker 6 (13:17):
I mean, think about it.
Speaker 1 (13:18):
Yeah, he got pops. So let me ask you this.
If this is the first time they have a retinal
recognition that they hadn't taken a picture before, that sounds
a little outrageous. With the news. So you know, I
can't give you. All I can tell you is what
I would do, and that is if I had anything
to do with Mexico. If I like Mexco, I do it.
You know, I mean, twelve years ago. You know, you know,
(13:41):
it seems like a pretty far stretch that they would
they would go with it, go beyond that. But then again,
you know, I'm not a big fan of Mexico. So
what do I care? Loreen Hi Loreen? Yes, Hi Bill, Yes,
go ahead?
Speaker 7 (13:58):
Still yes?
Speaker 8 (13:59):
Is My son listened to you regularly before he passed.
He was only fifty nine. My husband died and so
I lost the two of them within twenty two months.
I am totally alone eighty six. My husband had set
up a will and trust, but I do need a fiduciary,
(14:21):
in other words, someone that could pay my bills if
I become incapacitated.
Speaker 1 (14:26):
Yeah you don't, Okay, I got it?
Speaker 8 (14:27):
So healthcare?
Speaker 1 (14:29):
Yeah yeah yeah, yeah yeah yeah, Louren. Let me make
a suggestion. Paying your bills would be any accounting firm
who does your taxes or did your husbands and your
taxes that you trust they I don't Block. Yeah yeah,
well no, then you don't want to do that, No, no, no,
that's you know, you want to more sophisticated in someone
(14:51):
at HR block. As they hire people, you are going
to have to reach out to friends and family, everybody
you know and say say ask the same question you
just asked me and ask for some suggestions. Lareen. Uh,
that's what you're gonna have to do. You're going to
(15:13):
have to find someone. You're not that alone. You're not
living under a rock. There are people that you know.
There are people that knew your husband. There are people
that your son knew that was in his circle of acquaintance.
And that's where you have to go. Uh, that's there's
no other way of doing it.
Speaker 8 (15:34):
Okay, what about you the Vanguard.
Speaker 1 (15:38):
They're not going to Vanguard. Vanguard is an investment vehicle.
It is a brokerage firm.
Speaker 6 (15:47):
Uh.
Speaker 1 (15:47):
They just hold on to your money. So they're not
going to offer payment. I mean they might, but you know,
let me go back to what I said.
Speaker 8 (15:55):
Apartment.
Speaker 1 (15:56):
Yeah you could, but you want you want to be
more intimate than that, in my opinion, so take my
advice and start asking people that knew your son, that
knew your husband in those circles, and you can do
a little bit of investigation. I understand. That's you know,
you lose your husband, you lose your son, Oh God,
(16:18):
and you're by yourself in you're eighty six. Man. That's tough.
That is tough. Norma.
Speaker 2 (16:26):
Hi, Norma, I have a question.
Speaker 9 (16:28):
My father passed away in twenty eighteen left the house
to my sister and I. She never married or had children.
So when it's my time to go, I do have
a daughter and grandchildren. Can I leave the house in
her name? Will there be any issues because the house
is in my sister and my name?
Speaker 1 (16:46):
Yeah, there are all kinds of issues. Let's talk about
how the house is. Hell, what's the title? Are you
holding it and join tenancy? Are you holding it in
tenants in common? Because that's critical?
Speaker 10 (16:57):
Oh see that I don't know.
Speaker 1 (16:58):
I just you have to know, Norma. You have to know.
You have to know because there's two different answers. If
it's joint tendancy, you die, it goes to your sister automatically,
there's nothing for you to leave if she dies. And
if it's joint tendancy, it's yours. You can do whatever
the hell you want with it. You can give it
to charity, give it to your children, it doesn't matter.
If it's tenants in common, then you have your half
(17:22):
that you can do whatever you want with. So that's
what you have to figure out the title. How's it held?
Because The answer is predicated on that. Now, let's talk
about your business for a moment. And doing business today
is especially in the light of the tariffs and the
uncertainty is just crazy. So let me suggest looking at
(17:44):
a company called nets suite, and net Suite is the
number one cloud business management system out there and brings
accounting and it brings financial management inventory. If that's you
hr into one efficient suite. So all of your divisions,
all of your programs, talk to each other, and you
have an instant notification where you know exactly where you sit.
(18:07):
Not only does it make it easier to do business,
allowing you to do what you do best, make money,
but it enables you to do some forecasting better than
ever before. If you do two million dollars or more
in business, let me suggest netsweet, forty one thousand businesses
have done exactly this. Go to NetSuite dot com slash handle.
(18:28):
The download is absolutely free. NetSuite is an office suitees
NetSuite dot com slash handle that's net sweet. Believe me,
I think it's going to help you enormously. NetSuite dot
com slash handle. This is handle on the law. You're
listening to Bill handle on demand from KF I am
six forty bare handle on the law original legal advice
(18:57):
norma hi, norma nice.
Speaker 7 (18:59):
I purchased a newery that did not have any fencing.
I installed a fence, and next time I visit my property,
someone has built onto my fence.
Speaker 6 (19:12):
Is that legal?
Speaker 1 (19:13):
Well it's not. Well, they can't do it. I mean,
is it legal? Is it criminal? So someone built what
on your fence?
Speaker 7 (19:21):
Oh, they piggybacked onto my fence, building another fenced.
Speaker 1 (19:26):
They put anyway on your Wait a second, what does
that mean? Piggyback? They put it on top of your fence.
They put it another another fence next to your fence.
Speaker 7 (19:36):
No, no, no, they put it on my fence.
Speaker 1 (19:39):
And what is it they put on your fence another fence? Okay,
the fence made out of what fence made out of?
Speaker 8 (19:47):
What?
Speaker 1 (19:47):
Norma fence made out of wood?
Speaker 6 (19:49):
Would Now?
Speaker 1 (19:49):
Is your fence concrete? Is it a block fence that
they put wood on top? It's wood, it's wood. And
then they put more wood and they put more wood
on top. Yes, okay, good, now I have it. I
have the visual. Is it all on your property?
Speaker 6 (20:07):
It's on the it's on the property line Okay, this fan,
uh is it?
Speaker 1 (20:13):
It's right on the property line. I mean a wooden fence.
You know, the slats are probably what a three quarters
of an inch thick, and the property line goes right
down that middle, right right?
Speaker 6 (20:27):
Yeah?
Speaker 1 (20:28):
Okay, all right, Now that's pretty specific. So here's what
you have. You both own the fence. You it's it's
it's it's you both own the fence. Now, technically, the
the quarter of an inch that the wooden fence is
(20:50):
on your neighbor's property, they can build on that part
of the property. Now the quarter of an inch on
your property, they can't build on your fence. And you're
saying that the fence being an inch thick of board,
the property line goes right down the middle. I have
(21:13):
never heard of a surveyor that can make that close
a call.
Speaker 7 (21:19):
I have the code enforcement come look and they do
what they said. Oh yeah, they said they can do it.
But I just felt uneasy about that.
Speaker 1 (21:28):
Well if they if the code enforcement people say they
can do it, then the code enforcement people are not
going to deal with it. Now you're talking and the
code enforcement people have nothing to do with the code enforcement.
Is how high the fence cost that's it. Now you're
talking about your property, their property. And if you think
that they have built on your side of the fence
(21:49):
that quarter of an inch, then you can force them
to take it down, but only your quarter of an inch.
So at that point, I guess they take some kind
of a saw and saw those fence posts down the middle,
but length wise, so it becomes a much thinner post.
(22:09):
I guess, a much thinner fence. You've got an interesting
one going there. You know, why don't you do this?
Let's you just tear it down and let them worry
about it. Take down the part of the fence that
they put up and say, you know you don't like it.
You go to court, you prove that that's on your property,
that that quarter of an inch. You get to get
the surveyor and surveys by the way, like fifteen hundred
(22:32):
dollars today. Wow, Yeah, it's tough. Did you get the
visual everybody? I mean, you've got a like this fence
made out of wood and you have these slats that
are maybe half an inch and she said the property
and it goes right down the middle. Okay, you know
(22:54):
that's a fun one, isn't it. That is a fun one. Douglas,
Oh Douglas, you're there. Yes, Yes, what can I do
for you?
Speaker 4 (23:04):
I was recovering from a fractured knee and my physical
therapist that I was time to go back to the
gym and use their therapy. So I went to the
gym that I belonged and I signed up with my
trainer that I've known for years for poor lessons. I
did not read the contract about it being an ongoing fee.
(23:27):
I'm ongoing monthly fee. After that, it took me five
months to realize that I was paying monthly because my
wife and I both deal with that gym. So I
called and canceled the automatic payment with the credit card.
I notified the gym. They sent me a copy of
the contract that I supposedly signed, and the signature is
(23:49):
a typed in first name.
Speaker 7 (23:51):
It's not like you.
Speaker 4 (23:52):
Signed one of those pads and they cover and they copy.
Speaker 1 (23:57):
They just.
Speaker 6 (23:59):
Yes, right.
Speaker 4 (24:01):
So my question is can I get Can I get
my refund of the five months that I was building?
Speaker 1 (24:08):
And I don't know? Yeah that I don't know because
you allowed it to happen. And just because it's automatic
billing does not mean it's not you paying it, correct,
And so here you have a contract that's ongoing and recurring,
even though there is a even though there is a
(24:30):
document that you didn't sign, but they have your name.
But still they're arguing that that's still a valid contract
because you kept on paying it. Yes, so I don't think.
So you can try.
Speaker 11 (24:43):
How much was it a month at three hundred and
twenty five dollars about eighty of fifteen hundred dollars a
month for the gym, No, it recharted in three twenty
five a month for physical for a trainer.
Speaker 1 (24:57):
Oh oh, for a trainer that you didn't yeah, yeah,
and you didn't get that trainer.
Speaker 11 (25:01):
Correct, correct, Yeah, the trainer did not get paid.
Speaker 1 (25:07):
Well, the trainer has a lawsuit. And you know for
if well actually does it train, Yeah, the trainer has
a lawsuit. Because if you paid for a trainer and
the trainer didn't get paid, whether the trainer did or
I did or did not do the service, perform the service,
and you can try. It doesn't hurt. Just take them
a small claims court and see if they show up.
(25:27):
The worst that happens is you lose and you're at
the same place you are now. Hello, Danielle, welcome to
handle on the law.
Speaker 10 (25:37):
Hi, go, what recourse do I have if my husband
will not well, ex husband now will not complete the quadri?
Speaker 1 (25:47):
Yeah, okay, you have to go into court force them
to do it, or hold the gun to his head.
Because now when you say your ex husband, when were you.
Speaker 10 (25:57):
Divorced, it's been nearly a year ago.
Speaker 1 (26:01):
Ah, And is the divorce complete? Yes? All right?
Speaker 10 (26:06):
And the quadri attorneys, of course, are separate from the
family Yeah.
Speaker 1 (26:11):
Yeah, well you go, I would go to your family
law attorney. Unfortunately, well, not even unfortunately, because it's gonna
have to go in and have a and the judges
have to order him to sign the quadro. Now was
that already part of the divorce, Uh, the divorce decree
that he is to sign the quadro. Then what happens
is uh, it is what it is is emotion Uh
(26:36):
that he is ignoring a court order. It's a contempt
of court.
Speaker 7 (26:39):
Uh.
Speaker 1 (26:40):
And that's what you go after. And the judge is
going to go, you'd better sign this thing.
Speaker 6 (26:44):
Uh.
Speaker 1 (26:44):
And by the way, you get to pay for Danielle's
attorney's fees.
Speaker 6 (26:48):
Uh.
Speaker 10 (26:48):
Oh, you'll get And that's my problem, of course, now,
can I do this on my own?
Speaker 6 (26:52):
No?
Speaker 8 (26:53):
Not.
Speaker 1 (26:53):
You can try. I mean you can try, but uh,
you know I wouldn't do it on my own, you know.
And I've been a lawyer, a bad one for many,
many years, and it's just that's not my expertise. So
you know you're gonna get it. It's not gonna be
that much money. But yes, you can do it on
your own because it's pretty simple. It's a contempt order
that you want the judge to sign off on and
(27:16):
then the sanctions start. You know there's money involved. Now
if he keeps on ignoring it, ignoring it, ignoring it,
and you get two three four contempt hearings where the
judge said you better, you better, you're better. Theoretically he
could be tossed into jail for that, theoretically, but what
happens is usually by the second time around, I mean,
(27:39):
he's already got an order and he's he's ignoring a
court order, is what he's doing. And I think even
a letter from your divorce lawyer to him saying, hey,
you know you're ignoring a court order. My client will
take you to court to force you to sign what
you've already agreed to in the settlement. You'll be respond
(28:00):
possible for attorneys fees because this is contempt. This is
contempt of court. So try that or if not, take
a baseball bat. You know he's got knees, doesn't he?
Speaker 6 (28:12):
Yes?
Speaker 1 (28:12):
Okay, well there's the answer. That's quick and dirty. This
is handle on the law. Bye, am, six forty handle
here on a Saturday morning. Eight hundred five two zero
one five three four. That's eight hundred five to two
zero one five three four. Back we go. More handle
(28:33):
on the law. Marginal legal advice. Tricia, Hi, Tricia, welcome.
Speaker 6 (28:40):
Hi Bill. A doctor wrote down untrue bad things about
me on a DMV medical review form and I went
without a license for a year and a half because
of that. I had to go for a drug an
alcohol evaluation, and she subsequently sent out a copy of
(29:06):
those forms to my new doctors that I have now
in my life, which makes me look like I'm a drunk.
Speaker 1 (29:19):
Not anymore, not anymore. I mean, if you can establish
that you know you aren't one, I mean, that doesn't
stay with you forever. If a determination is that you
had a drink drinking problem, that's what the doctor said
ten years ago. I mean, does that mean you're a drunk?
Speaker 6 (29:35):
Now?
Speaker 1 (29:36):
No?
Speaker 6 (29:37):
So I.
Speaker 1 (29:39):
Were you stopped from getting a driver's license?
Speaker 6 (29:44):
I well, I was stopped from getting a driver's license
for a year and a half because she wouldn't send
in her credentials. She just sent in she was treating
my right knee, all.
Speaker 1 (29:55):
Right, So why didn't you? Why don't you go to
another doctor, Tricia?
Speaker 6 (29:59):
Because that the DMV would only accept credentials from the
original form that she sent in.
Speaker 1 (30:06):
No, and you just say, no, wait a secd you
can go to another doctor. And how the doctor fail.
It's not just one doctor in the world that the
DMV is going to accept.
Speaker 6 (30:15):
They would once she had sent in the form about
my right knee the first time July of twenty twenty,
they said that they needed her credentials.
Speaker 1 (30:27):
Okay, I understand. So you simply say, what happens is
she doesn't have credentials, Tricia. Let's say she doesn't have them.
Does that mean that's it? You're done. You'll never be
able to go to another doctor as far as the
DMV is concerned. I'm missing something here, Tricia.
Speaker 6 (30:42):
Well, the first form she filled out, it was just
she was treating me for my right name.
Speaker 1 (30:46):
I understand, No, I get it, But why do you know?
Because if she doesn't fill out the form and won't
send any credentials and go, then I'll go to another
doctor who.
Speaker 6 (30:54):
Will she a year later, she filled out she printed
out the packet and wrote down that I had a
drinking problem.
Speaker 1 (31:04):
So you say no and you go to another you
go to another doctor, Tricia, that says none of that
is true. I don't understand why you haven't gone to
another doctor.
Speaker 6 (31:12):
I have gone to another doctor, but when they asked
for my doctor's notes, I only saw this doctor three
or fourth.
Speaker 1 (31:18):
Okay, so you have so you did go to another doctor.
So what did the second doctor.
Speaker 6 (31:23):
Say the Well, the DMB accepted the let me have
my drivers.
Speaker 1 (31:31):
Of course it did because another they accept another doctor,
they don't accept one doctor. So, Tricia, I don't understand
why your question is.
Speaker 6 (31:39):
The question is, well, they like they let me have
a driver's license because I went for a drug and
alcohol evaluation.
Speaker 1 (31:45):
Right, okay, So what's your question?
Speaker 6 (31:48):
My question is she she got me like blackballed with
all these new doctors because she sent a cop.
Speaker 1 (31:56):
All right, hold on a minute, there's a because she says,
you had a drinking problem. No new doctors will see you.
Doctors don't see people at drinking problems.
Speaker 6 (32:06):
Oh no, they'll seem all right.
Speaker 1 (32:08):
You know what I've I've lost you. I mean, none
of this makes any sense. But thanks for colling. I
really appreciate that. Andy. Hello, Andy, welcome?
Speaker 2 (32:18):
Hello Bill. How are you sir?
Speaker 8 (32:19):
Yeah?
Speaker 1 (32:20):
What can I do for you?
Speaker 6 (32:21):
Yes?
Speaker 2 (32:22):
I have a quick question. My sisters and I recently
inherited my mom and dad's property. There's three of us involved.
We've established an LLC, and my question is should I
be putting my one third share into my already established
living trust.
Speaker 1 (32:39):
Yeah, you could, they could, but you know, I don't
know why. I mean, your own third of it, and
they all you can't just put your Well, how is
the property held? Is it in tenants in common? Is
it joint tenancy?
Speaker 2 (32:53):
Actually right now it's vacant. We hope to lease it.
Speaker 1 (32:56):
The third? How is the property held? No? The title
the title of the property? How much? How is it held?
Is it? But? Is it joint tenancy? What? What is it?
That's important?
Speaker 2 (33:08):
It's it's the three of us. Uh. Well, I don't
know that answer to be honest.
Speaker 1 (33:13):
Okay, Well, you have to well you have to know,
for one thing, if it's tenancy, if it's joint tenancy,
all three of you have to transfer one third, uh
into whatever entity you want to trust or you know,
an LLC.
Speaker 2 (33:29):
Because my sister had mentioned she goes, oh she she's
We signed off on it the other day, my two sisters,
My sister and I signed off on it to my
other sister.
Speaker 1 (33:39):
What does what does that mean? You signed off.
Speaker 2 (33:43):
Letting her, giving her permission to put her third into her.
Speaker 1 (33:49):
Okay, then okay, then it's uh, well it could very
well be joined tenants. And so now you've got yeah,
you've got now you have three of you. You've got
a trust that owns a third, her trust, and you
have two individuals. And so now if you want to
take your third, all three of you have to decide
that your third goes into your LLC. And that is you,
(34:12):
your sister, and the trust. Because your sister is no
longer the owner. The trust is the owner. So I'm assuming,
I'm assuming she's the trustee. So there shouldn't be a
problem with that, and yeah, just go ahead and do it. Yeah,
you're fine, you know either way, you really wait, Okay,
never mind, I'm going to go why But it doesn't matter.
(34:33):
This is Handle on the Law. You're listening to Bill
Handle on demand from kf I AM six forty
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f This is Handle
on the Law Marginal Legal Advice, where I tell you
you have absolutely no case. If you're injured and need
a lawyer, to go to HANDLE on the law dot com.
And if you're a lawyer and want to join our
(00:21):
team because people desperately need your help, go to handle
on the Law dot com and click on the join
today tab at the top of the page. The following
is up he recorded program. This is Handle on the Law,
Marginal Legal Advice, where I tell you you have absolutely
no case. Christy Nome, who is the Homeland Security Secretary,
(00:43):
appeared in front of a Senate committee. And the way
it works where you have cabinet members, virtually anybody in
government subpoenaed by the Senate or asked to appear in
front of the Senate or the House, the representative and
whatever committee and they get nailed because part of what
the Senate and the House does is they have an
executive well, they have a legislative investigative function not only
(01:06):
to pass bills, but to investigate what's going on so
they can pass bills so Christinome who also is doing
commercials and all over the country, and we have them
here at my station where I broadcast run in the
Los Angeles KFI, and I'm hearing these commercials every day saying,
first of all, here's a couple of instances of horrific
(01:29):
crimes that have been done by illegal aliens. And number two,
if you happen to be illegal in this country, get out.
You can be put in prison, you can make a
major fine, and if you self deport you can come
back in the country at some point legally, which is
a complete croc by the way. Okay, So she is
in front of the Senate and arguing the case for
(01:54):
the deportation of Venezuelans particularly and arresting them and deporting them.
And the argument is you didn't even give them a
chance to argue whether or not they deserve to be deported.
Do they have any defenses? And this has to do
with the argument or the concept of habeas corpus. Habeas
(02:14):
corpus is in the Constitution. It goes back to common
law times with England where we got most of our laws,
and it really means, well paraphrasing, bring me the body,
bring me, and that's not the body, dead body, bring
me the person in front of the court, and the
(02:34):
court orders that the authorities whoever has arrested or detained
that person to come into court with the body, with
the person and defend the detention or the arrest in
front of the judge. If you don't have habeas corpus,
then the authorities, the government can simply arrest or detain
(02:57):
anybody forever and the judiciary doesn't get involved. The way
our government works, if someone has been arrested or detained,
the right to go into court get a writ of
habeas corpus, which means that incomes the government saying here
is why we have detained this person, and the court,
(03:18):
an independent division of government, makes that determination. And so
that's a basic premise. So Senator Maggie Hassen asks Homeland
Security Secretary Christinome, what is habeas corpus, because remember she
is that Christinome is defending arresting and deporting people without
(03:39):
going in front of a judge. And what Noam said
was that it is a constitutional right that the president
has to be able to remove people from this country
and suspend their rights, which is absolutely not true. She
has it complete, deletely wrong, And unfortunately that's the philosophy.
(04:05):
It is a constitutional fundamental right of Americans or any
member of a free society to say I have the
right to go in front of a judge and question
my detention or arrest. Christine. Um, there you go by
the way that happens to be in Section nine, Article one,
(04:29):
Article one of the Constitution of the United States, and
that's the Habeas Corpus Act, which came from English common law.
The Habeas Corpus Act in England was enacted in sixteen
seventy nine. If it gives you an example of how
important that is, Okay, let's take some phone calls. Nate, Hello, Nate, welcome, Hi.
Speaker 2 (04:54):
Can you hear me?
Speaker 3 (04:54):
Okay, yeah, I can great, Okay. So I have a trailer.
It needed around ten thousand dollars worth of repairs. I
hired a mobile mechanic to come and do this. We
don't have any official paperwork or like a contract sign.
He sent me a picture of an invoice. I agreed
(05:15):
to it over texts, cut him a check for fifty
five hundred dollars. He cashed it and started showing up.
In July of twenty twenty four to start working.
Speaker 4 (05:28):
On it.
Speaker 3 (05:30):
Six months later. His work sucks. He showed up not
very much and eventually just quit showing up at all.
And I'm not happy with anything that he did. I'm
going to have to redo it.
Speaker 1 (05:43):
All, all right, So I.
Speaker 3 (05:45):
Want to take him to small claims court, right and
just do it.
Speaker 1 (05:50):
That's exactly what you do. That's exactly what you do.
And the argument's going to be, he did X amount
of work and he should be paid for it. And
your argument is going to be the work sucks. Now
you have to basically defend yourself. I mean, he's got
to prove, and he will prove he's done the work.
(06:10):
Your defense in WHYU he owes you all the money
back is that the work sucks. So you're gonna have
to prove that. And how do you prove that? You
bring in another mechanic who will say, who will state,
you know what, this work sucks, it's not up to par.
And then the judge is gonna believe one way or
the other, which way to go. The judge says, Okay,
(06:32):
this is worth X number of dollars, so you get
back three thousand instead of the fifty five hundred or
you get back all of it, or I rule that
he's done fifty five hundred dollars worth of work and
you get nothing. But you know you're throwing it up.
A small claim SCORES is not gonna cost you anything,
(06:53):
maybe one hundred bucks to file it, and they just
get all of your ducks in a row. Get as
much proof as you can. So when he argues I've
done the work, it's good work, you go, oh no,
it is not. Oh you suh. That's his defense. So
that's his defense when you sue him. So and keep
(07:14):
in mind you've got to establish. You've got to prove
he did a bad job because you're suing him.
Speaker 3 (07:20):
Okay, well to the trailer is still unfinished.
Speaker 1 (07:23):
Well then that's good. That's good. Then that's part of
your proof. What's he gonna say the trailer's finished. He's not.
Of course he's not. Because if it's not, so you're
gonna be fine. All right, Before we take a break,
I want to talk about you hurting and people hurt.
And if you live in chronic pain or you know
someone who does, and I do because I live with
(07:45):
someone who lives in chronic pain. Happens to be my wife.
There is a podcast that she created. It is called
the Pain Game Podcast, and it helps people deal with
and people who live with folks who are are suffering
chronic pain twenty four to seven and to watch it
is so frustrating and what do I do? What can
(08:06):
I do? And so the Pain Game Podcast helps people
deal with this, and it really does work. It helps
people enormously, enormously. Every episode actually ends with a message
of hope, and you'll understand that it's about giving pain purpose.
That's really counterintuitive, but that's what it's about. So listen
(08:28):
to the Pain Game Podcast wherever you listen to podcasts,
and also, you know, go on subscribe and you'll get
information about this throughout the week and they don't blow
you out with all of these emails five times a day.
It's really good stuff. So sign up at the Pain
Game podcast. That's at the Pain Game Podcast and listen
(08:51):
to the Pain Game podcasts and new episodes drop every week.
All right, we'll take a break, come back. This is
on the law. Kay, fine, he'll handle here on a
Saturday morning right up until eleven o'clock eight hundred and
five two zero one five three four Back we go
More handle on the Law Marginal legal Advice. Michael. Hi, Michael,
(09:16):
welcome to handle on the law.
Speaker 5 (09:19):
Yes, good morning, sir, Yes, sir. About twelve years ago,
I got caught coming from Mexico coming back into the
United States, and I had about seven grams of weed
on me, not a lot, and they embarrassed me, took
me out of line, threw me in jail for about
three or four hours. They released me and gave me
my passport back, and about a week later, in the mail,
(09:44):
I received a letter and it had to let a
head on it and everything, saying that they wanted five
thousand dollars. So I just laughed and threw it in
the trash, and I decided then I wouldn't want to
go back to the Mexico. Whatever I wanted or needed,
I'd just get on the United States side. So if
for any reason in the future, if I wanted to
travel back to Mexico, would they bring that up or
(10:06):
hold that against Okay, because I'm not paying them.
Speaker 1 (10:08):
Yeah, Michael, let me ask what you said it was
on letterhead? Who sent you the letter?
Speaker 5 (10:15):
Assuming I guess it was from the their Mexican police source.
Speaker 1 (10:19):
Okay, they're okay, they're police, and you got caught bringing
the pot in on the Mexican side.
Speaker 5 (10:27):
Yes, I was in line coming back, got it?
Speaker 6 (10:29):
Okay?
Speaker 1 (10:29):
They were lying and they cut you on the Meccan side.
And uh so, uh, you got this letter twelve years ago,
years ago, okay, and they just and you got a
letter when you got a letter at that time, Did
you get another letter recently?
Speaker 5 (10:46):
No, twelve years ago after that happened about a week later.
Speaker 1 (10:51):
Okay, got it? Okay, I understand, and you and you
ignored it, uh okay. So, and you want to know
if you can go back to Mexico.
Speaker 5 (10:59):
If I decide to, will they hold that against me?
Speaker 6 (11:01):
Yes, sir?
Speaker 1 (11:02):
You know, well a couple of things. How do you
feel about getting a new Mexican boyfriend named Bubba? That's
for starters? Oh goodness, you know, I don't know, you know, Michael,
You know, I don't know. Are they going to arrest
you for this? This is Mexico and they're so corrupt
(11:22):
down there that you don't know which way to go
on this. You know, I don't know what I take
a chance. I don't think anything's gonna happen, because I
don't think they're going to grab you. You know, they
keep records from twelve years ago. And remember you don't
have to you know, when you cross into Mexico. I mean,
they don't care if you show a passport, don't show
(11:42):
a passport. They just let you in the door. So
how would the authorities even even know that you are
going into Mexico? I have no idea. So I'm assuming
you would have to either get a ticket and and
I don't know if they even have the technology like
we do in the States, where they say, hang on
a minute, grab your license, hang on a minute, I'll
be right back, and they go in their car and
(12:04):
they're gone for ten to fifteen minutes. And what they're doing,
of course, is going on the computer, the national database
to find out if there's a warrant or if there's
any issue with well, it would be a warrant for
your arrest. And so then they come back and go, Hi,
we'd arrest you. That's the United States. Do they do
that in Mexico? I have no idea. I would guess not.
(12:26):
And from twelve twelve years ago asking you for a
civil fine five thousand dollars, is that translate into some
kind of liability you have. If I had to guess,
it would be no. On the other hand, let's go
back to your new Mexican boyfriend, Bubba that you're going
to be living with in a very small space. So
(12:49):
would I do it? No? But then I'm not crazy
about Mexico either. Do you have this thing about Mexico
that you want to go back?
Speaker 6 (12:57):
No?
Speaker 5 (12:57):
I don't. And another reason why, I add, because I
saw a story on the news. A guy got arrested.
I believe it was. I don't know if it's retinal
recognition or something. He was driving, though he wasn't a
pedestrian like I was. He was driving and he came back.
He done something, some dirt he did a while ago.
Speaker 2 (13:16):
I mean, that's weird.
Speaker 6 (13:17):
I mean, think about it.
Speaker 1 (13:18):
Yeah, he got pops. So let me ask you this.
If this is the first time they have a retinal
recognition that they hadn't taken a picture before, that sounds
a little outrageous. With the news. So you know, I
can't give you. All I can tell you is what
I would do, and that is if I had anything
to do with Mexico. If I like Mexco, I do it.
You know, I mean, twelve years ago. You know, you know,
(13:41):
it seems like a pretty far stretch that they would
they would go with it, go beyond that. But then again,
you know, I'm not a big fan of Mexico. So
what do I care? Loreen Hi Loreen? Yes, Hi Bill, Yes,
go ahead?
Speaker 7 (13:58):
Still yes?
Speaker 8 (13:59):
Is My son listened to you regularly before he passed.
He was only fifty nine. My husband died and so
I lost the two of them within twenty two months.
I am totally alone eighty six. My husband had set
up a will and trust, but I do need a fiduciary,
(14:21):
in other words, someone that could pay my bills if
I become incapacitated.
Speaker 1 (14:26):
Yeah you don't, Okay, I got it?
Speaker 8 (14:27):
So healthcare?
Speaker 1 (14:29):
Yeah yeah yeah, yeah yeah yeah, Louren. Let me make
a suggestion. Paying your bills would be any accounting firm
who does your taxes or did your husbands and your
taxes that you trust they I don't Block. Yeah yeah,
well no, then you don't want to do that, No, no, no,
that's you know, you want to more sophisticated in someone
(14:51):
at HR block. As they hire people, you are going
to have to reach out to friends and family, everybody
you know and say say ask the same question you
just asked me and ask for some suggestions. Lareen. Uh,
that's what you're gonna have to do. You're going to
(15:13):
have to find someone. You're not that alone. You're not
living under a rock. There are people that you know.
There are people that knew your husband. There are people
that your son knew that was in his circle of acquaintance.
And that's where you have to go. Uh, that's there's
no other way of doing it.
Speaker 8 (15:34):
Okay, what about you the Vanguard.
Speaker 1 (15:38):
They're not going to Vanguard. Vanguard is an investment vehicle.
It is a brokerage firm.
Speaker 6 (15:47):
Uh.
Speaker 1 (15:47):
They just hold on to your money. So they're not
going to offer payment. I mean they might, but you know,
let me go back to what I said.
Speaker 8 (15:55):
Apartment.
Speaker 1 (15:56):
Yeah you could, but you want you want to be
more intimate than that, in my opinion, so take my
advice and start asking people that knew your son, that
knew your husband in those circles, and you can do
a little bit of investigation. I understand. That's you know,
you lose your husband, you lose your son, Oh God,
(16:18):
and you're by yourself in you're eighty six. Man. That's tough.
That is tough. Norma.
Speaker 2 (16:26):
Hi, Norma, I have a question.
Speaker 9 (16:28):
My father passed away in twenty eighteen left the house
to my sister and I. She never married or had children.
So when it's my time to go, I do have
a daughter and grandchildren. Can I leave the house in
her name? Will there be any issues because the house
is in my sister and my name?
Speaker 1 (16:46):
Yeah, there are all kinds of issues. Let's talk about
how the house is. Hell, what's the title? Are you
holding it and join tenancy? Are you holding it in
tenants in common? Because that's critical?
Speaker 10 (16:57):
Oh see that I don't know.
Speaker 1 (16:58):
I just you have to know, Norma. You have to know.
You have to know because there's two different answers. If
it's joint tendancy, you die, it goes to your sister automatically,
there's nothing for you to leave if she dies. And
if it's joint tendancy, it's yours. You can do whatever
the hell you want with it. You can give it
to charity, give it to your children, it doesn't matter.
If it's tenants in common, then you have your half
(17:22):
that you can do whatever you want with. So that's
what you have to figure out the title. How's it held?
Because The answer is predicated on that. Now, let's talk
about your business for a moment. And doing business today
is especially in the light of the tariffs and the
uncertainty is just crazy. So let me suggest looking at
(17:44):
a company called nets suite, and net Suite is the
number one cloud business management system out there and brings
accounting and it brings financial management inventory. If that's you
hr into one efficient suite. So all of your divisions,
all of your programs, talk to each other, and you
have an instant notification where you know exactly where you sit.
(18:07):
Not only does it make it easier to do business,
allowing you to do what you do best, make money,
but it enables you to do some forecasting better than
ever before. If you do two million dollars or more
in business, let me suggest netsweet, forty one thousand businesses
have done exactly this. Go to NetSuite dot com slash handle.
(18:28):
The download is absolutely free. NetSuite is an office suitees
NetSuite dot com slash handle that's net sweet. Believe me,
I think it's going to help you enormously. NetSuite dot
com slash handle. This is handle on the law. You're
listening to Bill handle on demand from KF I am
six forty bare handle on the law original legal advice
(18:57):
norma hi, norma nice.
Speaker 7 (18:59):
I purchased a newery that did not have any fencing.
I installed a fence, and next time I visit my property,
someone has built onto my fence.
Speaker 6 (19:12):
Is that legal?
Speaker 1 (19:13):
Well it's not. Well, they can't do it. I mean,
is it legal? Is it criminal? So someone built what
on your fence?
Speaker 7 (19:21):
Oh, they piggybacked onto my fence, building another fenced.
Speaker 1 (19:26):
They put anyway on your Wait a second, what does
that mean? Piggyback? They put it on top of your fence.
They put it another another fence next to your fence.
Speaker 7 (19:36):
No, no, no, they put it on my fence.
Speaker 1 (19:39):
And what is it they put on your fence another fence? Okay,
the fence made out of what fence made out of?
Speaker 8 (19:47):
What?
Speaker 1 (19:47):
Norma fence made out of wood?
Speaker 6 (19:49):
Would Now?
Speaker 1 (19:49):
Is your fence concrete? Is it a block fence that
they put wood on top? It's wood, it's wood. And
then they put more wood and they put more wood
on top. Yes, okay, good, now I have it. I
have the visual. Is it all on your property?
Speaker 6 (20:07):
It's on the it's on the property line Okay, this fan,
uh is it?
Speaker 1 (20:13):
It's right on the property line. I mean a wooden fence.
You know, the slats are probably what a three quarters
of an inch thick, and the property line goes right
down that middle, right right?
Speaker 6 (20:27):
Yeah?
Speaker 1 (20:28):
Okay, all right, Now that's pretty specific. So here's what
you have. You both own the fence. You it's it's
it's it's you both own the fence. Now, technically, the
the quarter of an inch that the wooden fence is
(20:50):
on your neighbor's property, they can build on that part
of the property. Now the quarter of an inch on
your property, they can't build on your fence. And you're
saying that the fence being an inch thick of board,
the property line goes right down the middle. I have
(21:13):
never heard of a surveyor that can make that close
a call.
Speaker 7 (21:19):
I have the code enforcement come look and they do
what they said. Oh yeah, they said they can do it.
But I just felt uneasy about that.
Speaker 1 (21:28):
Well if they if the code enforcement people say they
can do it, then the code enforcement people are not
going to deal with it. Now you're talking and the
code enforcement people have nothing to do with the code enforcement.
Is how high the fence cost that's it. Now you're
talking about your property, their property. And if you think
that they have built on your side of the fence
(21:49):
that quarter of an inch, then you can force them
to take it down, but only your quarter of an inch.
So at that point, I guess they take some kind
of a saw and saw those fence posts down the middle,
but length wise, so it becomes a much thinner post.
(22:09):
I guess, a much thinner fence. You've got an interesting
one going there. You know, why don't you do this?
Let's you just tear it down and let them worry
about it. Take down the part of the fence that
they put up and say, you know you don't like it.
You go to court, you prove that that's on your property,
that that quarter of an inch. You get to get
the surveyor and surveys by the way, like fifteen hundred
(22:32):
dollars today. Wow, Yeah, it's tough. Did you get the
visual everybody? I mean, you've got a like this fence
made out of wood and you have these slats that
are maybe half an inch and she said the property
and it goes right down the middle. Okay, you know
(22:54):
that's a fun one, isn't it. That is a fun one. Douglas,
Oh Douglas, you're there. Yes, Yes, what can I do
for you?
Speaker 4 (23:04):
I was recovering from a fractured knee and my physical
therapist that I was time to go back to the
gym and use their therapy. So I went to the
gym that I belonged and I signed up with my
trainer that I've known for years for poor lessons. I
did not read the contract about it being an ongoing fee.
(23:27):
I'm ongoing monthly fee. After that, it took me five
months to realize that I was paying monthly because my
wife and I both deal with that gym. So I
called and canceled the automatic payment with the credit card.
I notified the gym. They sent me a copy of
the contract that I supposedly signed, and the signature is
(23:49):
a typed in first name.
Speaker 7 (23:51):
It's not like you.
Speaker 4 (23:52):
Signed one of those pads and they cover and they copy.
Speaker 1 (23:57):
They just.
Speaker 6 (23:59):
Yes, right.
Speaker 4 (24:01):
So my question is can I get Can I get
my refund of the five months that I was building?
Speaker 1 (24:08):
And I don't know? Yeah that I don't know because
you allowed it to happen. And just because it's automatic
billing does not mean it's not you paying it, correct,
And so here you have a contract that's ongoing and recurring,
even though there is a even though there is a
(24:30):
document that you didn't sign, but they have your name.
But still they're arguing that that's still a valid contract
because you kept on paying it. Yes, so I don't think.
So you can try.
Speaker 11 (24:43):
How much was it a month at three hundred and
twenty five dollars about eighty of fifteen hundred dollars a
month for the gym, No, it recharted in three twenty
five a month for physical for a trainer.
Speaker 1 (24:57):
Oh oh, for a trainer that you didn't yeah, yeah,
and you didn't get that trainer.
Speaker 11 (25:01):
Correct, correct, Yeah, the trainer did not get paid.
Speaker 1 (25:07):
Well, the trainer has a lawsuit. And you know for
if well actually does it train, Yeah, the trainer has
a lawsuit. Because if you paid for a trainer and
the trainer didn't get paid, whether the trainer did or
I did or did not do the service, perform the service,
and you can try. It doesn't hurt. Just take them
a small claims court and see if they show up.
(25:27):
The worst that happens is you lose and you're at
the same place you are now. Hello, Danielle, welcome to
handle on the law.
Speaker 10 (25:37):
Hi, go, what recourse do I have if my husband
will not well, ex husband now will not complete the quadri?
Speaker 1 (25:47):
Yeah, okay, you have to go into court force them
to do it, or hold the gun to his head.
Because now when you say your ex husband, when were you.
Speaker 10 (25:57):
Divorced, it's been nearly a year ago.
Speaker 1 (26:01):
Ah, And is the divorce complete? Yes? All right?
Speaker 10 (26:06):
And the quadri attorneys, of course, are separate from the
family Yeah.
Speaker 1 (26:11):
Yeah, well you go, I would go to your family
law attorney. Unfortunately, well, not even unfortunately, because it's gonna
have to go in and have a and the judges
have to order him to sign the quadro. Now was
that already part of the divorce, Uh, the divorce decree
that he is to sign the quadro. Then what happens
is uh, it is what it is is emotion Uh
(26:36):
that he is ignoring a court order. It's a contempt
of court.
Speaker 7 (26:39):
Uh.
Speaker 1 (26:40):
And that's what you go after. And the judge is
going to go, you'd better sign this thing.
Speaker 6 (26:44):
Uh.
Speaker 1 (26:44):
And by the way, you get to pay for Danielle's
attorney's fees.
Speaker 6 (26:48):
Uh.
Speaker 10 (26:48):
Oh, you'll get And that's my problem, of course, now,
can I do this on my own?
Speaker 6 (26:52):
No?
Speaker 8 (26:53):
Not.
Speaker 1 (26:53):
You can try. I mean you can try, but uh,
you know I wouldn't do it on my own, you know.
And I've been a lawyer, a bad one for many,
many years, and it's just that's not my expertise. So
you know you're gonna get it. It's not gonna be
that much money. But yes, you can do it on
your own because it's pretty simple. It's a contempt order
that you want the judge to sign off on and
(27:16):
then the sanctions start. You know there's money involved. Now
if he keeps on ignoring it, ignoring it, ignoring it,
and you get two three four contempt hearings where the
judge said you better, you better, you're better. Theoretically he
could be tossed into jail for that, theoretically, but what
happens is usually by the second time around, I mean,
(27:39):
he's already got an order and he's he's ignoring a
court order, is what he's doing. And I think even
a letter from your divorce lawyer to him saying, hey,
you know you're ignoring a court order. My client will
take you to court to force you to sign what
you've already agreed to in the settlement. You'll be respond
(28:00):
possible for attorneys fees because this is contempt. This is
contempt of court. So try that or if not, take
a baseball bat. You know he's got knees, doesn't he?
Speaker 6 (28:12):
Yes?
Speaker 1 (28:12):
Okay, well there's the answer. That's quick and dirty. This
is handle on the law. Bye, am, six forty handle
here on a Saturday morning. Eight hundred five two zero
one five three four. That's eight hundred five to two
zero one five three four. Back we go. More handle
(28:33):
on the law. Marginal legal advice. Tricia, Hi, Tricia, welcome.
Speaker 6 (28:40):
Hi Bill. A doctor wrote down untrue bad things about
me on a DMV medical review form and I went
without a license for a year and a half because
of that. I had to go for a drug an
alcohol evaluation, and she subsequently sent out a copy of
(29:06):
those forms to my new doctors that I have now
in my life, which makes me look like I'm a drunk.
Speaker 1 (29:19):
Not anymore, not anymore. I mean, if you can establish
that you know you aren't one, I mean, that doesn't
stay with you forever. If a determination is that you
had a drink drinking problem, that's what the doctor said
ten years ago. I mean, does that mean you're a drunk?
Speaker 6 (29:35):
Now?
Speaker 1 (29:36):
No?
Speaker 6 (29:37):
So I.
Speaker 1 (29:39):
Were you stopped from getting a driver's license?
Speaker 6 (29:44):
I well, I was stopped from getting a driver's license
for a year and a half because she wouldn't send
in her credentials. She just sent in she was treating
my right knee, all.
Speaker 1 (29:55):
Right, So why didn't you? Why don't you go to
another doctor, Tricia?
Speaker 6 (29:59):
Because that the DMV would only accept credentials from the
original form that she sent in.
Speaker 1 (30:06):
No, and you just say, no, wait a secd you
can go to another doctor. And how the doctor fail.
It's not just one doctor in the world that the
DMV is going to accept.
Speaker 6 (30:15):
They would once she had sent in the form about
my right knee the first time July of twenty twenty,
they said that they needed her credentials.
Speaker 1 (30:27):
Okay, I understand. So you simply say, what happens is
she doesn't have credentials, Tricia. Let's say she doesn't have them.
Does that mean that's it? You're done. You'll never be
able to go to another doctor as far as the
DMV is concerned. I'm missing something here, Tricia.
Speaker 6 (30:42):
Well, the first form she filled out, it was just
she was treating me for my right name.
Speaker 1 (30:46):
I understand, No, I get it, But why do you know?
Because if she doesn't fill out the form and won't
send any credentials and go, then I'll go to another
doctor who.
Speaker 6 (30:54):
Will she a year later, she filled out she printed
out the packet and wrote down that I had a
drinking problem.
Speaker 1 (31:04):
So you say no and you go to another you
go to another doctor, Tricia, that says none of that
is true. I don't understand why you haven't gone to
another doctor.
Speaker 6 (31:12):
I have gone to another doctor, but when they asked
for my doctor's notes, I only saw this doctor three
or fourth.
Speaker 1 (31:18):
Okay, so you have so you did go to another doctor.
So what did the second doctor.
Speaker 6 (31:23):
Say the Well, the DMB accepted the let me have
my drivers.
Speaker 1 (31:31):
Of course it did because another they accept another doctor,
they don't accept one doctor. So, Tricia, I don't understand
why your question is.
Speaker 6 (31:39):
The question is, well, they like they let me have
a driver's license because I went for a drug and
alcohol evaluation.
Speaker 1 (31:45):
Right, okay, So what's your question?
Speaker 6 (31:48):
My question is she she got me like blackballed with
all these new doctors because she sent a cop.
Speaker 1 (31:56):
All right, hold on a minute, there's a because she says,
you had a drinking problem. No new doctors will see you.
Doctors don't see people at drinking problems.
Speaker 6 (32:06):
Oh no, they'll seem all right.
Speaker 1 (32:08):
You know what I've I've lost you. I mean, none
of this makes any sense. But thanks for colling. I
really appreciate that. Andy. Hello, Andy, welcome?
Speaker 2 (32:18):
Hello Bill. How are you sir?
Speaker 8 (32:19):
Yeah?
Speaker 1 (32:20):
What can I do for you?
Speaker 6 (32:21):
Yes?
Speaker 2 (32:22):
I have a quick question. My sisters and I recently
inherited my mom and dad's property. There's three of us involved.
We've established an LLC, and my question is should I
be putting my one third share into my already established
living trust.
Speaker 1 (32:39):
Yeah, you could, they could, but you know, I don't
know why. I mean, your own third of it, and
they all you can't just put your Well, how is
the property held? Is it in tenants in common? Is
it joint tenancy?
Speaker 2 (32:53):
Actually right now it's vacant. We hope to lease it.
Speaker 1 (32:56):
The third? How is the property held? No? The title
the title of the property? How much? How is it held?
Is it? But? Is it joint tenancy? What? What is it?
That's important?
Speaker 2 (33:08):
It's it's the three of us. Uh. Well, I don't
know that answer to be honest.
Speaker 1 (33:13):
Okay, Well, you have to well you have to know,
for one thing, if it's tenancy, if it's joint tenancy,
all three of you have to transfer one third, uh
into whatever entity you want to trust or you know,
an LLC.
Speaker 2 (33:29):
Because my sister had mentioned she goes, oh she she's
We signed off on it the other day, my two sisters,
My sister and I signed off on it to my
other sister.
Speaker 1 (33:39):
What does what does that mean? You signed off.
Speaker 2 (33:43):
Letting her, giving her permission to put her third into her.
Speaker 1 (33:49):
Okay, then okay, then it's uh, well it could very
well be joined tenants. And so now you've got yeah,
you've got now you have three of you. You've got
a trust that owns a third, her trust, and you
have two individuals. And so now if you want to
take your third, all three of you have to decide
that your third goes into your LLC. And that is you,
(34:12):
your sister, and the trust. Because your sister is no
longer the owner. The trust is the owner. So I'm assuming,
I'm assuming she's the trustee. So there shouldn't be a
problem with that, and yeah, just go ahead and do it. Yeah,
you're fine, you know either way, you really wait, Okay,
never mind, I'm going to go why But it doesn't matter.
(34:33):
This is Handle on the Law. You're listening to Bill
Handle on demand from kf I AM six forty
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