Episode Transcript
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Speaker 1 (00:00):
This is handle on the law, marginal legal advice. This
is a fun one. This has to do with new
FDA rules and sorry about that. And this has to
do with commercials for drugs that you see on TV.
(00:21):
And you notice that the about half the commercial are
side effects. Right, this will cause you, It'll cause diarrhea,
It'll cause you your loss of vision. For guys, your scrotum
will fall off its oily stools.
Speaker 2 (00:36):
You might die.
Speaker 1 (00:37):
You always have constriction of your throat, I mean all
of it. Your legs will fall off. Yeah, whatever, whatever
the side effect is for a drug. And it used
to be that that wasn't even necessary. The FDA chose
those rules, now change them because you have to hear
those side effects about half of it. Okay, so they've
changed the rules again. Why, well, two things are going on.
(01:04):
First of all, the side effects go at one hundred
miles an hour and you can't understand them. Two, what
they purposely do on those commercials is distract you so
you don't pay attention. For example, there was a commercial
for an allergy drug and as the disclaimer, as the
(01:28):
side effects are being voiced, it was there was a
buzzing bee in the background. Voiced by Antonio Bonderis, and
that distracted viewers from actually paying attention to the disclaimer
the side effects. And so the Food and Drug Administration
now says that's done. Finished Now for TV drug ads,
(01:54):
much simpler language, no distractions at all, and they're going
to make it much easier to understand what's going on because.
Speaker 2 (02:05):
Here are the rules.
Speaker 1 (02:06):
You have to give side the side effects. You have
to voice those or read them out, but actually voice
those now. But you can't distract either. You can't do
the commercial that would cause a distraction. By the way,
I have no idea what a distraction is. I can't
wait for someone to figure out that's a distraction. That's
not a distraction. So that's going to be fun. So
(02:28):
the drug makers have to be more clearer. I have
to be clearer, more direct when explaining the risks and.
Speaker 2 (02:35):
The side effects.
Speaker 1 (02:37):
So bottom line, I don't think you're going to see
commercials where a man and a woman are in separate
bathtubs out in a field holding hands, and that's for
viagro or cialis you know why, because you can't really
stoop in separate bathtubs holding hands looking at.
Speaker 2 (02:59):
A bunch of trees and flowers.
Speaker 1 (03:03):
Don't think it happens. I've tried it, by the way.
Very difficult, very difficult. All right, let's go ahead and
take a phone call or two.
Speaker 2 (03:16):
John, you're up first. Welcome to you handle on the
lad John.
Speaker 3 (03:22):
John there, just John M.
Speaker 2 (03:24):
Yes, it is John M. Okay. What can I do
for you?
Speaker 3 (03:27):
John? Okay? Yeah.
Speaker 4 (03:29):
Five months ago I was wanting to put a carport
over my driveway, so I shopped for a company, found one,
and I left a four hundred and fifty dollars deposit
on that to get the project started. Then I found
out I had to get a city permit, which it
just went from bad worse and stuff. So even though
I called the company and asked my for my refund
(03:51):
and my deposit, and they're telling me no, they're located
in the Connecticut, the state of Connecticut.
Speaker 2 (03:57):
How do you put it?
Speaker 1 (03:58):
How do you put a carport or uh in California
with a company from Connecticut.
Speaker 3 (04:06):
You know what you're shopping on the internet. You don't
know where you're calling, you know, so you.
Speaker 2 (04:10):
Don't, so you don't.
Speaker 1 (04:11):
So no one comes out and gives you a bid
and takes a look at it.
Speaker 3 (04:16):
That's not the way I shot this time.
Speaker 1 (04:19):
You shops that you shopped for construction on the internet,
and they gave you a bid, You gave them a deposit,
and no one even came out to look at, uh
the construction site.
Speaker 3 (04:34):
No I took the measurements.
Speaker 2 (04:37):
Okay, all right, So what's what's your question?
Speaker 3 (04:41):
Well, in other words, I asked for a refund. By no, I.
Speaker 1 (04:43):
Understand you asked for a refund, and they're telling you
to go pound sand so uh exactly, Okay, what's your question?
Speaker 3 (04:50):
Okay? Is there any recourse I can take?
Speaker 2 (04:52):
Yeah, there is. Here's what you can do.
Speaker 1 (04:54):
Yes, I would go to Connecticut because it's a small
claim suit against h those people probably in Connecticut, although
I'm assuming they have construction people out here, and uh
there is they if they're doing business in California, they
have to have an agent for service of process, which
means that they have to file with the Secretary of
(05:15):
State a document says you can serve you can serve
us with this person that's our agent for service. Okay,
because they're doing business in California, and you go ahead
and file the lawsuit against the agent. Now, will the court,
uh you know, allow the suit to go forward from
someone in Connecticut. I don't know you should be able
(05:36):
to get your money back. But they have a perfect defense, John,
a perfect defense, and you can I share that with you?
Speaker 3 (05:46):
Please?
Speaker 2 (05:46):
Yeah?
Speaker 1 (05:47):
Your defense is their defense is you're a moron that
you're buying a construction job from a place in Connecticut
and no one's ever come out.
Speaker 2 (05:58):
Oh genius, let's take a break. Oh no, before we
take a break.
Speaker 1 (06:05):
Let me tell you about the Pain Game podcast. This
is a podcast that's about living in chronic pain and
living with trauma that causes chronic pain. And it's a
show about people who are living with dealing.
Speaker 2 (06:22):
With It's have depraved.
Speaker 1 (06:25):
I love this because the host is kind of out
there but lives in chronic pain herself.
Speaker 2 (06:29):
Twenty four to seven, Lindsay Soprano. I've known her for
years and boy, what a show she does.
Speaker 1 (06:33):
What a podcast she does, And every episode ends with
a message of hope.
Speaker 2 (06:38):
This is why it's worth listening to.
Speaker 1 (06:40):
And really counterintuitively, and I intuitively, and I didn't understand
this until I started listening. It's about giving pain purpose.
It's not just suffering in pain, it's looking at it
saying there is a purpose to this. It's really weird,
but you'll see it's really it's it's a great podcast.
It's the Pain Game Podcast, The Pain Game Podcast, The
(07:03):
Pain Game Podcast.
Speaker 2 (07:05):
Wherever You're here podcasts and we are God. You Knowice
that quickly.
Speaker 1 (07:09):
I'm going through these phone calls today. That's because I
have no patience and I do that a lot. So
if you want to jump in, lines are open or
the line is open.
Speaker 2 (07:18):
Eight hundred and five to zero one, five three four.
Speaker 1 (07:23):
Welcome back, Handle on the Law, Marginal Legal Advice, Shannon.
Speaker 2 (07:29):
Hello Shannon, welcome to Handle on the Law.
Speaker 5 (07:33):
Hi, Bill, thank you for taking the call.
Speaker 2 (07:37):
Sure, where are you from? The way?
Speaker 3 (07:38):
Shannon?
Speaker 2 (07:38):
Where are you from?
Speaker 5 (07:41):
Are you talking about? Originally? Yeah?
Speaker 1 (07:44):
Originally you obviously have. I mean, I'm not gonna ask
you what city? Random you have that accent, so I'm guessing.
Hold on, let me ask, let me yes, let me yes,
let me yes. Okay, Tierra del Fuego No, no, uh
how about you?
Speaker 2 (08:01):
Ron?
Speaker 4 (08:03):
Yes, there you go, Yeah.
Speaker 2 (08:06):
There you go.
Speaker 3 (08:06):
I have Yes.
Speaker 1 (08:09):
I used to have a lot of Iranian friends, and
then they got tired of me making fun of them,
so I don't have them anymore.
Speaker 2 (08:15):
What can I do for you, Shannon.
Speaker 5 (08:18):
I listened to you all the time and you said that,
and I know you can you could detect the accents.
Speaker 2 (08:24):
Yeah, I can't.
Speaker 1 (08:25):
Actually, I've had I've had too many Iranian friends over
the years, and I know too much about chandeliers.
Speaker 2 (08:33):
Okay, by the way, just real.
Speaker 1 (08:35):
Quickly before I get to your phone call, how many
chandeliers you actually have at home?
Speaker 5 (08:40):
I tell you one, two, three.
Speaker 2 (08:43):
Of course, of course, of course, no surprise there. All right, Shannon,
what can I do for you?
Speaker 5 (08:50):
Okay? I got a tenant that's supposed to move in August,
and with all the evidence that I have, she knew
were moved in, except she brought two beds. And then
she started complaining about something doesn't work, that it wasn't true,
and then she talked about mold.
Speaker 1 (09:13):
That yeah she never moved Yeah, okay, so she never
moved Shannon, So she never moved in, and then she
complained about mold, right, yes, Okay, did she show you
any pictures? Did she establish any did she get a
bid from someone that you have anybody come out a
mold company?
Speaker 5 (09:30):
Yeah? Yeah, I tell you she took some picture. It's
not an obvious mold it was something behind the base boat,
and I went with the handyman that I have to
fix the other things. I asked her if I can
take the baseboat? See what she said? No?
Speaker 2 (09:53):
Oh, okay, all right?
Speaker 1 (09:55):
So what does she want right now? I mean that
puts it in a whole different light. I hope that
you put all of this in an email. Yes, okay,
good saying I tried to show up, you said no.
And it doesn't even matter if she if she ignores
it and doesn't answer, because you've established what you wanted
to do, and either you got no response or she
(10:16):
said no in an email all right, So.
Speaker 5 (10:19):
I don't want them, she said, I don't want them
hand okay, fine, all.
Speaker 2 (10:23):
Right, okay, I got it. What does she want?
Speaker 5 (10:26):
She wanted to get a certified mold company. And she
got the certified mold company that came and said this
house inhabitable because there is moisture. All okay.
Speaker 2 (10:44):
So she got them to do that. So how did
you respond?
Speaker 5 (10:48):
I got another.
Speaker 2 (10:51):
Mold and what did they say? And what did they say?
Speaker 5 (10:54):
She they negate everything?
Speaker 2 (10:57):
Okay, got it? What do they want? What does your
tenant want?
Speaker 5 (11:03):
The tenant never moved pay the rent.
Speaker 2 (11:07):
What what is the tenant? What does the tenant want? Shannon?
Speaker 5 (11:11):
Now after four months, she she wants to cancel the lease.
I'm very happy, happy.
Speaker 2 (11:21):
Okay, all right, so cancel all right, so you cancel
the lease.
Speaker 1 (11:25):
Okay, so lease is canceled and everybody goes their own way.
Speaker 2 (11:28):
Have you told her go ahead and cancel the lease?
Speaker 5 (11:32):
I have not yet.
Speaker 1 (11:34):
That's what you want to do, Shannon, just say, just say,
Lise is canceled, leave me alone, take your beds out
of here.
Speaker 2 (11:40):
That's the easy part. Now if she.
Speaker 1 (11:42):
Asks for more than that, uh, then at that point
then we start dealing on a whole different level.
Speaker 2 (11:51):
Okay, how do you say? Go pound sand and far.
Speaker 3 (11:54):
Sea boom show brought up.
Speaker 1 (11:59):
Boom show, tell her bought a boom show. I hope
that that's what that is, because I might have been
I might be in trouble with the sc right now
with bought a bong shoe. Well you are all right,
so anyway, uh so, Shannon, there's nothing to do with
this point. You're handling it perfectly. You're doing everything right, Shannon.
(12:21):
So uh now you just wait. Other than okay, cancel
the lease. We're done. You walk away and uh, then
everybody hopefully is square. And if it turns out that
she does anything else, you say, bought a bongoo and then.
Speaker 2 (12:36):
We talk again. You're doing it all right? That was good.
I like her.
Speaker 1 (12:42):
Shannon's great, only four chandeliers. I don't buy that at all.
She has a lot more than that. Let me tell
you about your business for a moment. The less your
business spends on delivering your product or service, the more
margin you have bottom line, the more money you make,
and everything is more expensive these I went to a
restaurant yesterday. Oh, I couldn't believe the prices. Costs have
(13:03):
gone up across the board, materials, employees, distribution, borrowing. Everything
you do about businesses more money. So let me tell
you about NetSuite, the number one cloud financial system, because
it brings all of your accounting, your financial management inventory.
If you do that HR, which everybody is involved with,
onto one platform where everything talks to the other, the
(13:27):
other division, the other subject and it's all there laid out,
which means you can make better decisions because right there
you know where you stand.
Speaker 2 (13:38):
It makes a lot of sense. Excuse me.
Speaker 1 (13:40):
You cut the cost of maintaining multiple systems it's one system,
and that is the business suite, the dashboard you really need.
Over thirty seven thousand companies have made this move. So
visit NetSuite dot com slash handle. It's a free download.
See see if NetSuite can help you. I'm sure it can.
NetSuite do slash handle sweet as an office suites netsuitet
(14:04):
dot com slash handle.
Speaker 6 (14:07):
Okay, Sean, you're up, Hi Bill, I had a question
about commingling funds. Yep, when you get an inheritance, okay,
So let's say my family goes on a vacation and
I need some of the money for my inheritance to
pay the vacation. Is that consider like commingling funds.
Speaker 2 (14:25):
No.
Speaker 1 (14:26):
No, Commingling funds is actually buying something and putting it
in both names, or putting money into a bank account.
That's commingling funds to the extent that the money that
you put in paying for a vacation out of your
own separate property, which is inheritance money, is your separate property.
Speaker 2 (14:49):
All right. So you have a relative that.
Speaker 1 (14:52):
Dies, and you've been treating that relative well, bad mouthing them,
but they don't know that, so they leave you fifty
thousand dollars.
Speaker 2 (15:00):
That's your money.
Speaker 1 (15:01):
And if you want to pay for a vacation out
of your money, that's fine. You're not commingling anything. Just
don't don't take that fifty thousand dollars and put it
into a joint account. That's commingling.
Speaker 7 (15:12):
They like my wife and I decide to buy a car,
and I use some of that money to buy a car.
Speaker 1 (15:18):
It depends on what where's the is the title going
to be in whose name?
Speaker 7 (15:23):
Probably both?
Speaker 2 (15:24):
Yeah, that's commingling.
Speaker 7 (15:26):
Okay, So just.
Speaker 2 (15:27):
Just don't know it my name.
Speaker 7 (15:29):
Yeah, yeah, I haven't done anything.
Speaker 1 (15:31):
Okay, just keep any just keep anything that comes out
of your inheritance, keeping your name.
Speaker 7 (15:37):
So buy a separate car credit card and just pay things.
Speaker 1 (15:42):
No, no, if you want to, No, you can have
joint you can have joint credit cards, and you can
pay whatever you want out of your account, separate account.
Speaker 2 (15:52):
That is not com mingling. You're just paying whatever you
want to pay from your money. Just think of it
this way.
Speaker 1 (15:58):
This is your money you've inherited, and as long as
you keep it separately, it's always your money. Don't put
any Okay, that's how you have to think about it.
And you can pay whatever you want. You can buyer
a car. You've ben both own a car, and you
put in your money and then you put in, for example,
your separate money and maybe money from the community. Now
(16:22):
the car becomes both of yours. Your money still stays
your money in the account that you're holding onto. Oh okay, okay,
that's how you do it. Yeah, Comingley, you don't want Yeah,
don't do that. You know, if you inherit some money
and you know all but I love her, Bill, it
doesn't matter, It doesn't matter. Just keep your money separate.
Speaker 3 (16:40):
You know.
Speaker 1 (16:41):
It's uh because you know, relationships fall apart and a
lot of pressure, especially if there's a lot of money.
Speaker 2 (16:47):
Honey, why don't we put in the joint account?
Speaker 1 (16:50):
Absolutely not, Carrie, Hi carryin yes, ma'am.
Speaker 8 (17:00):
Okay, so excuse me. I got married in two thousand
and five on purpose. We had two kids. Okay, yeah,
we had two kids. We ended up buying a house
in twenty eleven when the market was, you know, extremely good. Basically,
the equity in our house has like quadrupled. We split
(17:21):
in twenty seventeen, and he wants half of the equity
in the house to divorce me, and okay, he's gone.
He left like a month after split in twenty seventeen.
Speaker 3 (17:33):
Okay, do I owe him money?
Speaker 2 (17:35):
You bet? You owe him half the house. Of course,
you bought the house together.
Speaker 8 (17:41):
Any payments doesn't matter.
Speaker 1 (17:42):
It doesn't matter because here is there unless you have
a separate agreement that says that he is going to pay.
At this point, you have joint ownership of a house.
I'm assuming it's joint tenancy.
Speaker 8 (17:55):
Right, Kerrie, Well, I'm well, yeah, his name it.
Speaker 1 (18:00):
Right, Okay, so you own it and he Okay, so
you own it and he owns it together, so each
of you own It's not you own half of you
you own half of the entire amount.
Speaker 2 (18:11):
So it's a joint Tennessee. Is really interesting.
Speaker 1 (18:13):
And if he dies, you get the entire house if
you die, If you die, he gets the entire house,
which is a really good reason because I'm going to
end this conversation with advice you're better off killing him
than doing anything.
Speaker 2 (18:24):
Else because you're going to own the house.
Speaker 1 (18:26):
So what you have is he owns it, you own it,
and you've been living in it. You've been making the payments.
But assuming that you weren't living in it. You still
have to live someplace, so the court does not give
you a whole lot of credit for living in it,
because you'd have to live in it anyway. So the
bottom line is he owns half, you own half, and
(18:48):
there's no way around it.
Speaker 2 (18:49):
You got to split it up. I know you don't
want to hear that, but you gotta split it up.
Speaker 1 (18:54):
Oh, it's terrible, I know that. See they're there because
of joint Tennessee. That's why I'm telling here to kill them.
Because upon the death of a joint tenant, the property
automatically goes to the living or the surviving joint tenant.
Speaker 2 (19:10):
And it's not even what you have.
Speaker 1 (19:12):
To do some paperwork, but it's not asking the court
to give you the property. It's simply the court the
law recognizing that it is your property. So joint tendancy,
it happens upon operation of death. The second he dies, right,
you stab him or you blow his brains out or whatever.
(19:32):
The second they declare him dead, the property is yours.
Speaker 2 (19:37):
Does that make sense? You bet it does? All right, Monica,
welcome to handle on the law. Hi, Monica.
Speaker 9 (19:44):
Oh, I'm so excited to tell Oh me too.
Speaker 2 (19:47):
All right, what can I do for you.
Speaker 9 (19:48):
Yeah, okay. So I'm a lowly legal assistant for a
southern California lawyer, and so I'd like you to talk
briefly on the California durable power of a attorney. And
the reason that I'm asking you this is we get
calls all the time from somebody that will say, oh,
(20:08):
my eighty five year old aunt, she's starting to get dementia.
I want to get power of attorney over her because
she's spending all her money. And I try to explain
to them you would be the agent, not the person
that's getting the power of attorney.
Speaker 5 (20:23):
So you don't.
Speaker 9 (20:23):
Sign Jack Cheese, your elderly aunt signs, and you don't
even need to come to the appointment.
Speaker 2 (20:30):
That's correct.
Speaker 9 (20:31):
So can you kind of explain that a little bit?
Speaker 2 (20:33):
Well, you just explained it. You just explained it.
Speaker 3 (20:36):
It.
Speaker 1 (20:37):
If someone has to give you power of attorney, and
that's the person that is.
Speaker 2 (20:43):
The person who gives the power of attorney.
Speaker 3 (20:46):
All right.
Speaker 1 (20:47):
So let's say I choose you to handle my finances,
so I give you power of attorney on the financial
side of it, and I have to know what I'm
doing now If I don't know what I'm doing. Let's
say I am severely demented, which some people argue that's
the case. Then you go to a conservatorship where the
(21:09):
person who's demanded really has no choice. The court makes
that determination. But you got it, you understand completely. You
just I should have called you up and asked you.
Speaker 9 (21:19):
It comes up all the time.
Speaker 2 (21:21):
Well you've answered the question. You've answered it.
Speaker 1 (21:23):
The only thing you have to be a little careful
is not giving legal advice. You have to yeah, that
is that, and that you want to talk to your attorney,
because it's really it is a yeah, it's a line
you don't want to you can cross.
Speaker 2 (21:37):
You have to be a little careful. What is legal advice?
No one's gonna nail you on that.
Speaker 1 (21:41):
So when someone calls up, just pretend you're me and
give them really crappy legal advice and you'll be fine.
If you happen to live in chronic pain or you
know someone who does, let me suggest the.
Speaker 2 (21:56):
Paint and Game podcast.
Speaker 1 (21:58):
It is a podcast and it's about living in and
with chronic pain and the trauma that can cause chronic pain.
And I really love this podcast because it's kind of
half depraved, and I've known the host, Lindsey Soprano for years,
and she deals with chronic pain twenty four to seven
and does it heroically. I sit back and just watch
(22:20):
her do this, and it really is something to see.
Every episode ends with a message of hope you'll quickly understand.
And this is counterintuitive, but listen to the show and
I'll tell you how you understand that it's about giving
pain purpose. Whoa pain can actually give you understanding? And
that's what this is about. So listen on any iHeartRadio
(22:44):
app or wherever you listen to podcasts, The Pain Game
podcast The Pain Game podcasts, Jayden, Hi.
Speaker 10 (22:53):
Jaden, Hey, how you doing?
Speaker 2 (22:56):
Yes? What can I do for you?
Speaker 10 (22:58):
So my grandpa he died a few years ago and
left my grandma with somewhere between two and five million
dollars since then and within them just the last couple
of months, her financial guy I guess who's also an attorney,
has signed onto her all of her financial accounts. They
(23:21):
are now dating, planning on potentially getting married, okay, and yeah,
planning a prenup.
Speaker 3 (23:27):
Okay.
Speaker 10 (23:27):
I was wondering if there's.
Speaker 1 (23:29):
Yeah, no, that's a very good question. Here is there's
two issues here.
Speaker 2 (23:33):
Number one.
Speaker 1 (23:33):
She can do whatever she wants with her money, Jaden,
it's her choice. She wants to give it away, she
wants to put his name on it, as long as
she is doing it voluntarily and there's no coercion, there's
no duress, there's no fraud. The fact that he is
an attorney is very helpful because his accountability is far higher.
Speaker 2 (23:57):
And there's a fiduciary duty too. So what I.
Speaker 1 (24:00):
Would do, well, first of all, you got to talk
to grandma and get some idea of why is she
doing this, and if she's being bamboozled by him, or
you think it is, then you definitely get an attorney.
Speaker 2 (24:15):
The problem is, I.
Speaker 10 (24:18):
Think that there is that possibility because, like you know,
my aunt went by to visit. He threatened her with
a restraining order.
Speaker 1 (24:24):
All right, all right, Then what happens is what I
think is a family member has to go in and
start making the argument, getting into court I mean now,
and then showing the affidavits. The aunt shows up, get
out of here, I'm gonna throw a restraining order, and
just comes up with, if nothing else, freezing everything. And
(24:45):
so I think I don't even know what kind of
an attorney you get trust in a state. You know,
someone who does business litigation. Yeah, yeah, I would. I
would start with a trust and a state lawyer because
this is the only within a state. And maybe, by
the way, may be legitimate that she's made that decision, Jayden,
and there's nothing you can do about it.
Speaker 2 (25:07):
You know, maybe he's the greatest strip in the world
for all I know. How old is he?
Speaker 10 (25:13):
Seventy in his seventies, seventies?
Speaker 2 (25:15):
And how old is Grandma?
Speaker 7 (25:17):
I think seventy five.
Speaker 1 (25:18):
All right, So okay, So it could be that, you know,
she's a lonely lady and he's found out a way
to get into her heart as well as her pocketbook.
So I would definitely talk to an attorney about that
one for sure.
Speaker 2 (25:38):
And Hi Anne, Welcome, Hi Bill.
Speaker 11 (25:42):
I have a question about a security deposit. I returned
a security deposit to a tenant and she hasn't cashed
the check. I asked her why. She doesn't answer. She
just said she wants to go against me for at
small fames court. Okay, because I'm not returning her security
deposit to her, are you? I did? I returned there
(26:02):
everything except for deductions for cleaning and right damage.
Speaker 1 (26:05):
All right, and you show and you can show the
check or the attempt to send it via zell or whatever. Right.
Speaker 11 (26:13):
Well, I wanted to ask you, and I did send
a check, and I have it was certified now and
I think it was accepted. Should I stop that check
and sell her now the money that she didn't or
you can do it if you.
Speaker 1 (26:26):
If you stop the check and try to sell her
the money, of course, and if you're giving her the
entire deposit minus cleaning fee, there's nothing she can do.
Speaker 2 (26:36):
I mean, she can take it as small clean court,
but she's not gonna win.
Speaker 11 (26:40):
Okay. The other thing is she said she already served me.
She didn't serve me. She said she sent to go
to small things court. She had the court send these
documents to my po box.
Speaker 2 (26:51):
No, that doesn't work. That doesn't work.
Speaker 11 (26:54):
It doesn't work.
Speaker 2 (26:54):
That doesn't work. Oh yeah.
Speaker 1 (26:57):
And if she goes the problem is she goes into
court and whoever served you the court mailing you. That's
not service. So that's not a problem. If she hired
the marshal to serve you, that's not a problem because
the marshall hasn't served you. If she's hired a process server,
who's a sleezeball. They will write that you were served,
(27:20):
So then the issue becomes the show up anyway, because
she's going to find you eventually and get it out
of the way.
Speaker 2 (27:26):
I don't know.
Speaker 1 (27:27):
You know, I've been served before, and I knew that
they were going after me. I won the case, by
the way, because I've been hit with some sleazy lawsuits.
Interestingly enough, every time I should have been sued, I
never was because I said, yeah, I screwed up, what
can I do to make it right?
Speaker 2 (27:47):
Never got sued.
Speaker 1 (27:48):
And where I didn't deserve to be sued, they served me,
they sued me, and I won because there was nothing there.
They just went after me because they thought I had
deep pockets or once I was threatened, well you're a
big person anality bill, and when we go public with
this lawsuit, I go, yeah.
Speaker 2 (28:03):
Go right ahead.
Speaker 1 (28:04):
You think I care, you know, not your socks office
publicity for me, and they never did.
Speaker 2 (28:08):
Uh. So you can.
Speaker 1 (28:11):
Accept service and just yeah, show up and say because
there'll be a date on the small claims court.
Speaker 2 (28:17):
Uh, they'll give it to you, but you have to
be served, okay.
Speaker 11 (28:21):
And if I never get served, and then.
Speaker 1 (28:24):
They'll never then you'll never end up in court. If
you never you have to, you have to get served personally. Okay,
a little bit about your bad breath. It's no fine.
I mean, bad breath is kind of a drag for everybody.
You're breathing it, someone's breathing yours, and so what can
you do about it? Well, I've been telling you for
months now about Zelman's Minty mouth mints clinically tested even
(28:46):
against garlic and onions that I love both, and this
is way more than a mint. I mean, it's meant
part of its clap these capsules that you pop into
your mouth and is there a minty coating and then
you swallow or you bite into him, and it's partially
oil that works in your gut and it really gets
to work there. So it's a double hit. And then
you feel just good. You know, your mouth is fresh,
(29:09):
like you brush your teeth, and it goes on for hours,
So it's a triple hit. That's Zelman's Zelt Minte Mouthman.
So here is their offer until December one. If you
order three packs or more, you will get a bonus pack.
Speaker 2 (29:24):
Order three, you get a.
Speaker 1 (29:26):
Fourth, and believe me, you're gonna want more than that
because they're that good. So go to Zelmans dot com
Z E L M, I N S. Zelmans dot com
slash handle, Zelmans dot com slash handle. That's Zelman's dot
cot dot com slash handle. And also, don't forget I'm
(29:49):
taking phone calls for those of you that are on hold.
Don't go away, and if you want to call in,
now's the time because you're not gonna be waiting very long.
I'm going through these phone calls like lightning because there
are no breaks, no commercials, no traffic, no weather, and
no patience. Put all of that together, and you're not
holding on for too long. Eight hundred five two zero
(30:11):
one five three four. Eight hundred five two zero one
five three four. This is handle on the law
This is handle on the law, marginal legal advice. This
is a fun one. This has to do with new
FDA rules and sorry about that. And this has to
do with commercials for drugs that you see on TV.
(00:21):
And you notice that the about half the commercial are
side effects. Right, this will cause you, It'll cause diarrhea,
It'll cause you your loss of vision. For guys, your scrotum
will fall off its oily stools.
Speaker 2 (00:36):
You might die.
Speaker 1 (00:37):
You always have constriction of your throat, I mean all
of it. Your legs will fall off. Yeah, whatever, whatever
the side effect is for a drug. And it used
to be that that wasn't even necessary. The FDA chose
those rules, now change them because you have to hear
those side effects about half of it. Okay, so they've
changed the rules again. Why, well, two things are going on.
(01:04):
First of all, the side effects go at one hundred
miles an hour and you can't understand them. Two, what
they purposely do on those commercials is distract you so
you don't pay attention. For example, there was a commercial
for an allergy drug and as the disclaimer, as the
(01:28):
side effects are being voiced, it was there was a
buzzing bee in the background. Voiced by Antonio Bonderis, and
that distracted viewers from actually paying attention to the disclaimer
the side effects. And so the Food and Drug Administration
now says that's done. Finished Now for TV drug ads,
(01:54):
much simpler language, no distractions at all, and they're going
to make it much easier to understand what's going on because.
Speaker 2 (02:05):
Here are the rules.
Speaker 1 (02:06):
You have to give side the side effects. You have
to voice those or read them out, but actually voice
those now. But you can't distract either. You can't do
the commercial that would cause a distraction. By the way,
I have no idea what a distraction is. I can't
wait for someone to figure out that's a distraction. That's
not a distraction. So that's going to be fun. So
(02:28):
the drug makers have to be more clearer. I have
to be clearer, more direct when explaining the risks and.
Speaker 2 (02:35):
The side effects.
Speaker 1 (02:37):
So bottom line, I don't think you're going to see
commercials where a man and a woman are in separate
bathtubs out in a field holding hands, and that's for
viagro or cialis you know why, because you can't really
stoop in separate bathtubs holding hands looking at.
Speaker 2 (02:59):
A bunch of trees and flowers.
Speaker 1 (03:03):
Don't think it happens. I've tried it, by the way.
Very difficult, very difficult. All right, let's go ahead and
take a phone call or two.
Speaker 2 (03:16):
John, you're up first. Welcome to you handle on the
lad John.
Speaker 3 (03:22):
John there, just John M.
Speaker 2 (03:24):
Yes, it is John M. Okay. What can I do
for you?
Speaker 3 (03:27):
John? Okay? Yeah.
Speaker 4 (03:29):
Five months ago I was wanting to put a carport
over my driveway, so I shopped for a company, found one,
and I left a four hundred and fifty dollars deposit
on that to get the project started. Then I found
out I had to get a city permit, which it
just went from bad worse and stuff. So even though
I called the company and asked my for my refund
(03:51):
and my deposit, and they're telling me no, they're located
in the Connecticut, the state of Connecticut.
Speaker 2 (03:57):
How do you put it?
Speaker 1 (03:58):
How do you put a carport or uh in California
with a company from Connecticut.
Speaker 3 (04:06):
You know what you're shopping on the internet. You don't
know where you're calling, you know, so you.
Speaker 2 (04:10):
Don't, so you don't.
Speaker 1 (04:11):
So no one comes out and gives you a bid
and takes a look at it.
Speaker 3 (04:16):
That's not the way I shot this time.
Speaker 1 (04:19):
You shops that you shopped for construction on the internet,
and they gave you a bid, You gave them a deposit,
and no one even came out to look at, uh
the construction site.
Speaker 3 (04:34):
No I took the measurements.
Speaker 2 (04:37):
Okay, all right, So what's what's your question?
Speaker 3 (04:41):
Well, in other words, I asked for a refund. By no, I.
Speaker 1 (04:43):
Understand you asked for a refund, and they're telling you
to go pound sand so uh exactly, Okay, what's your question?
Speaker 3 (04:50):
Okay? Is there any recourse I can take?
Speaker 2 (04:52):
Yeah, there is. Here's what you can do.
Speaker 1 (04:54):
Yes, I would go to Connecticut because it's a small
claim suit against h those people probably in Connecticut, although
I'm assuming they have construction people out here, and uh
there is they if they're doing business in California, they
have to have an agent for service of process, which
means that they have to file with the Secretary of
(05:15):
State a document says you can serve you can serve
us with this person that's our agent for service. Okay,
because they're doing business in California, and you go ahead
and file the lawsuit against the agent. Now, will the court,
uh you know, allow the suit to go forward from
someone in Connecticut. I don't know you should be able
(05:36):
to get your money back. But they have a perfect defense, John,
a perfect defense, and you can I share that with you?
Speaker 3 (05:46):
Please?
Speaker 2 (05:46):
Yeah?
Speaker 1 (05:47):
Your defense is their defense is you're a moron that
you're buying a construction job from a place in Connecticut
and no one's ever come out.
Speaker 2 (05:58):
Oh genius, let's take a break. Oh no, before we
take a break.
Speaker 1 (06:05):
Let me tell you about the Pain Game podcast. This
is a podcast that's about living in chronic pain and
living with trauma that causes chronic pain. And it's a
show about people who are living with dealing.
Speaker 2 (06:22):
With It's have depraved.
Speaker 1 (06:25):
I love this because the host is kind of out
there but lives in chronic pain herself.
Speaker 2 (06:29):
Twenty four to seven, Lindsay Soprano. I've known her for
years and boy, what a show she does.
Speaker 1 (06:33):
What a podcast she does, And every episode ends with
a message of hope.
Speaker 2 (06:38):
This is why it's worth listening to.
Speaker 1 (06:40):
And really counterintuitively, and I intuitively, and I didn't understand
this until I started listening. It's about giving pain purpose.
It's not just suffering in pain, it's looking at it
saying there is a purpose to this. It's really weird,
but you'll see it's really it's it's a great podcast.
It's the Pain Game Podcast, The Pain Game Podcast, The
(07:03):
Pain Game Podcast.
Speaker 2 (07:05):
Wherever You're here podcasts and we are God. You Knowice
that quickly.
Speaker 1 (07:09):
I'm going through these phone calls today. That's because I
have no patience and I do that a lot. So
if you want to jump in, lines are open or
the line is open.
Speaker 2 (07:18):
Eight hundred and five to zero one, five three four.
Speaker 1 (07:23):
Welcome back, Handle on the Law, Marginal Legal Advice, Shannon.
Speaker 2 (07:29):
Hello Shannon, welcome to Handle on the Law.
Speaker 5 (07:33):
Hi, Bill, thank you for taking the call.
Speaker 2 (07:37):
Sure, where are you from? The way?
Speaker 3 (07:38):
Shannon?
Speaker 2 (07:38):
Where are you from?
Speaker 5 (07:41):
Are you talking about? Originally? Yeah?
Speaker 1 (07:44):
Originally you obviously have. I mean, I'm not gonna ask
you what city? Random you have that accent, so I'm guessing.
Hold on, let me ask, let me yes, let me yes,
let me yes. Okay, Tierra del Fuego No, no, uh
how about you?
Speaker 2 (08:01):
Ron?
Speaker 4 (08:03):
Yes, there you go, Yeah.
Speaker 2 (08:06):
There you go.
Speaker 3 (08:06):
I have Yes.
Speaker 1 (08:09):
I used to have a lot of Iranian friends, and
then they got tired of me making fun of them,
so I don't have them anymore.
Speaker 2 (08:15):
What can I do for you, Shannon.
Speaker 5 (08:18):
I listened to you all the time and you said that,
and I know you can you could detect the accents.
Speaker 2 (08:24):
Yeah, I can't.
Speaker 1 (08:25):
Actually, I've had I've had too many Iranian friends over
the years, and I know too much about chandeliers.
Speaker 2 (08:33):
Okay, by the way, just real.
Speaker 1 (08:35):
Quickly before I get to your phone call, how many
chandeliers you actually have at home?
Speaker 5 (08:40):
I tell you one, two, three.
Speaker 2 (08:43):
Of course, of course, of course, no surprise there. All right, Shannon,
what can I do for you?
Speaker 5 (08:50):
Okay? I got a tenant that's supposed to move in August,
and with all the evidence that I have, she knew
were moved in, except she brought two beds. And then
she started complaining about something doesn't work, that it wasn't true,
and then she talked about mold.
Speaker 1 (09:13):
That yeah she never moved Yeah, okay, so she never
moved Shannon, So she never moved in, and then she
complained about mold, right, yes, Okay, did she show you
any pictures? Did she establish any did she get a
bid from someone that you have anybody come out a
mold company?
Speaker 5 (09:30):
Yeah? Yeah, I tell you she took some picture. It's
not an obvious mold it was something behind the base boat,
and I went with the handyman that I have to
fix the other things. I asked her if I can
take the baseboat? See what she said? No?
Speaker 2 (09:53):
Oh, okay, all right?
Speaker 1 (09:55):
So what does she want right now? I mean that
puts it in a whole different light. I hope that
you put all of this in an email. Yes, okay,
good saying I tried to show up, you said no.
And it doesn't even matter if she if she ignores
it and doesn't answer, because you've established what you wanted
to do, and either you got no response or she
(10:16):
said no in an email all right, So.
Speaker 5 (10:19):
I don't want them, she said, I don't want them
hand okay, fine, all.
Speaker 2 (10:23):
Right, okay, I got it. What does she want?
Speaker 5 (10:26):
She wanted to get a certified mold company. And she
got the certified mold company that came and said this
house inhabitable because there is moisture. All okay.
Speaker 2 (10:44):
So she got them to do that. So how did
you respond?
Speaker 5 (10:48):
I got another.
Speaker 2 (10:51):
Mold and what did they say? And what did they say?
Speaker 5 (10:54):
She they negate everything?
Speaker 2 (10:57):
Okay, got it? What do they want? What does your
tenant want?
Speaker 5 (11:03):
The tenant never moved pay the rent.
Speaker 2 (11:07):
What what is the tenant? What does the tenant want? Shannon?
Speaker 5 (11:11):
Now after four months, she she wants to cancel the lease.
I'm very happy, happy.
Speaker 2 (11:21):
Okay, all right, so cancel all right, so you cancel
the lease.
Speaker 1 (11:25):
Okay, so lease is canceled and everybody goes their own way.
Speaker 2 (11:28):
Have you told her go ahead and cancel the lease?
Speaker 5 (11:32):
I have not yet.
Speaker 1 (11:34):
That's what you want to do, Shannon, just say, just say,
Lise is canceled, leave me alone, take your beds out
of here.
Speaker 2 (11:40):
That's the easy part. Now if she.
Speaker 1 (11:42):
Asks for more than that, uh, then at that point
then we start dealing on a whole different level.
Speaker 2 (11:51):
Okay, how do you say? Go pound sand and far.
Speaker 3 (11:54):
Sea boom show brought up.
Speaker 1 (11:59):
Boom show, tell her bought a boom show. I hope
that that's what that is, because I might have been
I might be in trouble with the sc right now
with bought a bong shoe. Well you are all right,
so anyway, uh so, Shannon, there's nothing to do with
this point. You're handling it perfectly. You're doing everything right, Shannon.
(12:21):
So uh now you just wait. Other than okay, cancel
the lease. We're done. You walk away and uh, then
everybody hopefully is square. And if it turns out that
she does anything else, you say, bought a bongoo and then.
Speaker 2 (12:36):
We talk again. You're doing it all right? That was good.
I like her.
Speaker 1 (12:42):
Shannon's great, only four chandeliers. I don't buy that at all.
She has a lot more than that. Let me tell
you about your business for a moment. The less your
business spends on delivering your product or service, the more
margin you have bottom line, the more money you make,
and everything is more expensive these I went to a
restaurant yesterday. Oh, I couldn't believe the prices. Costs have
(13:03):
gone up across the board, materials, employees, distribution, borrowing. Everything
you do about businesses more money. So let me tell
you about NetSuite, the number one cloud financial system, because
it brings all of your accounting, your financial management inventory.
If you do that HR, which everybody is involved with,
onto one platform where everything talks to the other, the
(13:27):
other division, the other subject and it's all there laid out,
which means you can make better decisions because right there
you know where you stand.
Speaker 2 (13:38):
It makes a lot of sense. Excuse me.
Speaker 1 (13:40):
You cut the cost of maintaining multiple systems it's one system,
and that is the business suite, the dashboard you really need.
Over thirty seven thousand companies have made this move. So
visit NetSuite dot com slash handle. It's a free download.
See see if NetSuite can help you. I'm sure it can.
NetSuite do slash handle sweet as an office suites netsuitet
(14:04):
dot com slash handle.
Speaker 6 (14:07):
Okay, Sean, you're up, Hi Bill, I had a question
about commingling funds. Yep, when you get an inheritance, okay,
So let's say my family goes on a vacation and
I need some of the money for my inheritance to
pay the vacation. Is that consider like commingling funds.
Speaker 2 (14:25):
No.
Speaker 1 (14:26):
No, Commingling funds is actually buying something and putting it
in both names, or putting money into a bank account.
That's commingling funds to the extent that the money that
you put in paying for a vacation out of your
own separate property, which is inheritance money, is your separate property.
Speaker 2 (14:49):
All right. So you have a relative that.
Speaker 1 (14:52):
Dies, and you've been treating that relative well, bad mouthing them,
but they don't know that, so they leave you fifty
thousand dollars.
Speaker 2 (15:00):
That's your money.
Speaker 1 (15:01):
And if you want to pay for a vacation out
of your money, that's fine. You're not commingling anything. Just
don't don't take that fifty thousand dollars and put it
into a joint account. That's commingling.
Speaker 7 (15:12):
They like my wife and I decide to buy a car,
and I use some of that money to buy a car.
Speaker 1 (15:18):
It depends on what where's the is the title going
to be in whose name?
Speaker 7 (15:23):
Probably both?
Speaker 2 (15:24):
Yeah, that's commingling.
Speaker 7 (15:26):
Okay, So just.
Speaker 2 (15:27):
Just don't know it my name.
Speaker 7 (15:29):
Yeah, yeah, I haven't done anything.
Speaker 1 (15:31):
Okay, just keep any just keep anything that comes out
of your inheritance, keeping your name.
Speaker 7 (15:37):
So buy a separate car credit card and just pay things.
Speaker 1 (15:42):
No, no, if you want to, No, you can have
joint you can have joint credit cards, and you can
pay whatever you want out of your account, separate account.
Speaker 2 (15:52):
That is not com mingling. You're just paying whatever you
want to pay from your money. Just think of it
this way.
Speaker 1 (15:58):
This is your money you've inherited, and as long as
you keep it separately, it's always your money. Don't put
any Okay, that's how you have to think about it.
And you can pay whatever you want. You can buyer
a car. You've ben both own a car, and you
put in your money and then you put in, for example,
your separate money and maybe money from the community. Now
(16:22):
the car becomes both of yours. Your money still stays
your money in the account that you're holding onto. Oh okay, okay,
that's how you do it. Yeah, Comingley, you don't want Yeah,
don't do that. You know, if you inherit some money
and you know all but I love her, Bill, it
doesn't matter, It doesn't matter. Just keep your money separate.
Speaker 3 (16:40):
You know.
Speaker 1 (16:41):
It's uh because you know, relationships fall apart and a
lot of pressure, especially if there's a lot of money.
Speaker 2 (16:47):
Honey, why don't we put in the joint account?
Speaker 1 (16:50):
Absolutely not, Carrie, Hi carryin yes, ma'am.
Speaker 8 (17:00):
Okay, so excuse me. I got married in two thousand
and five on purpose. We had two kids. Okay, yeah,
we had two kids. We ended up buying a house
in twenty eleven when the market was, you know, extremely good. Basically,
the equity in our house has like quadrupled. We split
(17:21):
in twenty seventeen, and he wants half of the equity
in the house to divorce me, and okay, he's gone.
He left like a month after split in twenty seventeen.
Speaker 3 (17:33):
Okay, do I owe him money?
Speaker 2 (17:35):
You bet? You owe him half the house. Of course,
you bought the house together.
Speaker 8 (17:41):
Any payments doesn't matter.
Speaker 1 (17:42):
It doesn't matter because here is there unless you have
a separate agreement that says that he is going to pay.
At this point, you have joint ownership of a house.
I'm assuming it's joint tenancy.
Speaker 8 (17:55):
Right, Kerrie, Well, I'm well, yeah, his name it.
Speaker 1 (18:00):
Right, Okay, so you own it and he Okay, so
you own it and he owns it together, so each
of you own It's not you own half of you
you own half of the entire amount.
Speaker 2 (18:11):
So it's a joint Tennessee. Is really interesting.
Speaker 1 (18:13):
And if he dies, you get the entire house if
you die, If you die, he gets the entire house,
which is a really good reason because I'm going to
end this conversation with advice you're better off killing him
than doing anything.
Speaker 2 (18:24):
Else because you're going to own the house.
Speaker 1 (18:26):
So what you have is he owns it, you own it,
and you've been living in it. You've been making the payments.
But assuming that you weren't living in it. You still
have to live someplace, so the court does not give
you a whole lot of credit for living in it,
because you'd have to live in it anyway. So the
bottom line is he owns half, you own half, and
(18:48):
there's no way around it.
Speaker 2 (18:49):
You got to split it up. I know you don't
want to hear that, but you gotta split it up.
Speaker 1 (18:54):
Oh, it's terrible, I know that. See they're there because
of joint Tennessee. That's why I'm telling here to kill them.
Because upon the death of a joint tenant, the property
automatically goes to the living or the surviving joint tenant.
Speaker 2 (19:10):
And it's not even what you have.
Speaker 1 (19:12):
To do some paperwork, but it's not asking the court
to give you the property. It's simply the court the
law recognizing that it is your property. So joint tendancy,
it happens upon operation of death. The second he dies, right,
you stab him or you blow his brains out or whatever.
(19:32):
The second they declare him dead, the property is yours.
Speaker 2 (19:37):
Does that make sense? You bet it does? All right, Monica,
welcome to handle on the law. Hi, Monica.
Speaker 9 (19:44):
Oh, I'm so excited to tell Oh me too.
Speaker 2 (19:47):
All right, what can I do for you.
Speaker 9 (19:48):
Yeah, okay. So I'm a lowly legal assistant for a
southern California lawyer, and so I'd like you to talk
briefly on the California durable power of a attorney. And
the reason that I'm asking you this is we get
calls all the time from somebody that will say, oh,
(20:08):
my eighty five year old aunt, she's starting to get dementia.
I want to get power of attorney over her because
she's spending all her money. And I try to explain
to them you would be the agent, not the person
that's getting the power of attorney.
Speaker 5 (20:23):
So you don't.
Speaker 9 (20:23):
Sign Jack Cheese, your elderly aunt signs, and you don't
even need to come to the appointment.
Speaker 2 (20:30):
That's correct.
Speaker 9 (20:31):
So can you kind of explain that a little bit?
Speaker 2 (20:33):
Well, you just explained it. You just explained it.
Speaker 3 (20:36):
It.
Speaker 1 (20:37):
If someone has to give you power of attorney, and
that's the person that is.
Speaker 2 (20:43):
The person who gives the power of attorney.
Speaker 3 (20:46):
All right.
Speaker 1 (20:47):
So let's say I choose you to handle my finances,
so I give you power of attorney on the financial
side of it, and I have to know what I'm
doing now If I don't know what I'm doing. Let's
say I am severely demented, which some people argue that's
the case. Then you go to a conservatorship where the
(21:09):
person who's demanded really has no choice. The court makes
that determination. But you got it, you understand completely. You
just I should have called you up and asked you.
Speaker 9 (21:19):
It comes up all the time.
Speaker 2 (21:21):
Well you've answered the question. You've answered it.
Speaker 1 (21:23):
The only thing you have to be a little careful
is not giving legal advice. You have to yeah, that
is that, and that you want to talk to your attorney,
because it's really it is a yeah, it's a line
you don't want to you can cross.
Speaker 2 (21:37):
You have to be a little careful. What is legal advice?
No one's gonna nail you on that.
Speaker 1 (21:41):
So when someone calls up, just pretend you're me and
give them really crappy legal advice and you'll be fine.
If you happen to live in chronic pain or you
know someone who does, let me suggest the.
Speaker 2 (21:56):
Paint and Game podcast.
Speaker 1 (21:58):
It is a podcast and it's about living in and
with chronic pain and the trauma that can cause chronic pain.
And I really love this podcast because it's kind of
half depraved, and I've known the host, Lindsey Soprano for years,
and she deals with chronic pain twenty four to seven
and does it heroically. I sit back and just watch
(22:20):
her do this, and it really is something to see.
Every episode ends with a message of hope you'll quickly understand.
And this is counterintuitive, but listen to the show and
I'll tell you how you understand that it's about giving
pain purpose. Whoa pain can actually give you understanding? And
that's what this is about. So listen on any iHeartRadio
(22:44):
app or wherever you listen to podcasts, The Pain Game
podcast The Pain Game podcasts, Jayden, Hi.
Speaker 10 (22:53):
Jaden, Hey, how you doing?
Speaker 2 (22:56):
Yes? What can I do for you?
Speaker 10 (22:58):
So my grandpa he died a few years ago and
left my grandma with somewhere between two and five million
dollars since then and within them just the last couple
of months, her financial guy I guess who's also an attorney,
has signed onto her all of her financial accounts. They
(23:21):
are now dating, planning on potentially getting married, okay, and yeah,
planning a prenup.
Speaker 3 (23:27):
Okay.
Speaker 10 (23:27):
I was wondering if there's.
Speaker 1 (23:29):
Yeah, no, that's a very good question. Here is there's
two issues here.
Speaker 2 (23:33):
Number one.
Speaker 1 (23:33):
She can do whatever she wants with her money, Jaden,
it's her choice. She wants to give it away, she
wants to put his name on it, as long as
she is doing it voluntarily and there's no coercion, there's
no duress, there's no fraud. The fact that he is
an attorney is very helpful because his accountability is far higher.
Speaker 2 (23:57):
And there's a fiduciary duty too. So what I.
Speaker 1 (24:00):
Would do, well, first of all, you got to talk
to grandma and get some idea of why is she
doing this, and if she's being bamboozled by him, or
you think it is, then you definitely get an attorney.
Speaker 2 (24:15):
The problem is, I.
Speaker 10 (24:18):
Think that there is that possibility because, like you know,
my aunt went by to visit. He threatened her with
a restraining order.
Speaker 1 (24:24):
All right, all right, Then what happens is what I
think is a family member has to go in and
start making the argument, getting into court I mean now,
and then showing the affidavits. The aunt shows up, get
out of here, I'm gonna throw a restraining order, and
just comes up with, if nothing else, freezing everything. And
(24:45):
so I think I don't even know what kind of
an attorney you get trust in a state. You know,
someone who does business litigation. Yeah, yeah, I would. I
would start with a trust and a state lawyer because
this is the only within a state. And maybe, by
the way, may be legitimate that she's made that decision, Jayden,
and there's nothing you can do about it.
Speaker 2 (25:07):
You know, maybe he's the greatest strip in the world
for all I know. How old is he?
Speaker 10 (25:13):
Seventy in his seventies, seventies?
Speaker 2 (25:15):
And how old is Grandma?
Speaker 7 (25:17):
I think seventy five.
Speaker 1 (25:18):
All right, So okay, So it could be that, you know,
she's a lonely lady and he's found out a way
to get into her heart as well as her pocketbook.
So I would definitely talk to an attorney about that
one for sure.
Speaker 2 (25:38):
And Hi Anne, Welcome, Hi Bill.
Speaker 11 (25:42):
I have a question about a security deposit. I returned
a security deposit to a tenant and she hasn't cashed
the check. I asked her why. She doesn't answer. She
just said she wants to go against me for at
small fames court. Okay, because I'm not returning her security
deposit to her, are you? I did? I returned there
(26:02):
everything except for deductions for cleaning and right damage.
Speaker 1 (26:05):
All right, and you show and you can show the
check or the attempt to send it via zell or whatever. Right.
Speaker 11 (26:13):
Well, I wanted to ask you, and I did send
a check, and I have it was certified now and
I think it was accepted. Should I stop that check
and sell her now the money that she didn't or
you can do it if you.
Speaker 1 (26:26):
If you stop the check and try to sell her
the money, of course, and if you're giving her the
entire deposit minus cleaning fee, there's nothing she can do.
Speaker 2 (26:36):
I mean, she can take it as small clean court,
but she's not gonna win.
Speaker 11 (26:40):
Okay. The other thing is she said she already served me.
She didn't serve me. She said she sent to go
to small things court. She had the court send these
documents to my po box.
Speaker 2 (26:51):
No, that doesn't work. That doesn't work.
Speaker 11 (26:54):
It doesn't work.
Speaker 2 (26:54):
That doesn't work. Oh yeah.
Speaker 1 (26:57):
And if she goes the problem is she goes into
court and whoever served you the court mailing you. That's
not service. So that's not a problem. If she hired
the marshal to serve you, that's not a problem because
the marshall hasn't served you. If she's hired a process server,
who's a sleezeball. They will write that you were served,
(27:20):
So then the issue becomes the show up anyway, because
she's going to find you eventually and get it out
of the way.
Speaker 2 (27:26):
I don't know.
Speaker 1 (27:27):
You know, I've been served before, and I knew that
they were going after me. I won the case, by
the way, because I've been hit with some sleazy lawsuits.
Interestingly enough, every time I should have been sued, I
never was because I said, yeah, I screwed up, what
can I do to make it right?
Speaker 2 (27:47):
Never got sued.
Speaker 1 (27:48):
And where I didn't deserve to be sued, they served me,
they sued me, and I won because there was nothing there.
They just went after me because they thought I had
deep pockets or once I was threatened, well you're a
big person anality bill, and when we go public with
this lawsuit, I go, yeah.
Speaker 2 (28:03):
Go right ahead.
Speaker 1 (28:04):
You think I care, you know, not your socks office
publicity for me, and they never did.
Speaker 2 (28:08):
Uh. So you can.
Speaker 1 (28:11):
Accept service and just yeah, show up and say because
there'll be a date on the small claims court.
Speaker 2 (28:17):
Uh, they'll give it to you, but you have to
be served, okay.
Speaker 11 (28:21):
And if I never get served, and then.
Speaker 1 (28:24):
They'll never then you'll never end up in court. If
you never you have to, you have to get served personally. Okay,
a little bit about your bad breath. It's no fine.
I mean, bad breath is kind of a drag for everybody.
You're breathing it, someone's breathing yours, and so what can
you do about it? Well, I've been telling you for
months now about Zelman's Minty mouth mints clinically tested even
(28:46):
against garlic and onions that I love both, and this
is way more than a mint. I mean, it's meant
part of its clap these capsules that you pop into
your mouth and is there a minty coating and then
you swallow or you bite into him, and it's partially
oil that works in your gut and it really gets
to work there. So it's a double hit. And then
you feel just good. You know, your mouth is fresh,
(29:09):
like you brush your teeth, and it goes on for hours,
So it's a triple hit. That's Zelman's Zelt Minte Mouthman.
So here is their offer until December one. If you
order three packs or more, you will get a bonus pack.
Speaker 2 (29:24):
Order three, you get a.
Speaker 1 (29:26):
Fourth, and believe me, you're gonna want more than that
because they're that good. So go to Zelmans dot com
Z E L M, I N S. Zelmans dot com
slash handle, Zelmans dot com slash handle. That's Zelman's dot
cot dot com slash handle. And also, don't forget I'm
(29:49):
taking phone calls for those of you that are on hold.
Don't go away, and if you want to call in,
now's the time because you're not gonna be waiting very long.
I'm going through these phone calls like lightning because there
are no breaks, no commercials, no traffic, no weather, and
no patience. Put all of that together, and you're not
holding on for too long. Eight hundred five two zero
(30:11):
one five three four. Eight hundred five two zero one
five three four. This is handle on the law
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