Episode Transcript
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the law marginal legal addlights.
Speaker 3 (00:12):
If I tell you have absolutely no case, and I
tell you that joyfully, and when you do have a case,
I get a little depressed about it, but so be it.
As you know, the raids are going on all over
the country. The Trump administration has decided and it's clear
has its idea that illegal immigration is a priority in
(00:33):
which the government must deal with. And raids are happening
particularly in Democrat cities. And Los Angeles is an overwhelming
democratic city with a Democratic mayor and a Democratic city council,
so it's pretty liberal. So there has been a huge
influence and there's been a target. LA has been a
(00:56):
target of immigration raids almost more so than any other city.
The big wins are Chicago and LA and I think
LA is the poster child. So the La County Board
of Supervisors has declared a state of emergency related to
immigration rates, and what it does is allow the Board
(01:18):
of Supervisors to provide rent relief for tenants who have
fallen behind as a result of the crackdown. And the
local state of emergency means that they can also funnel
money state money which they get for legal aid and
other services for people who have basically been deported or
being held are being detained. So funds for rent will
(01:41):
be available via an online portal that's going to be
launched within two months. This according to one of the supervisor,
Lindsay Horsath. And the motion is also and this will happen.
I'm convinced of that. It'll be a first step towards
the eviction moratorium, much like it was in COVID, where
(02:01):
no one could be evicted and that would require a
separate action by the survivors. Landlords, of course, are arguing,
if you do this eviction moratorium, we are really going
to get nailed. Last time, during the course of COVID,
when there was a moratorium of over a year in
which tenants did not have to pay rent, however they
owed the rent at the end of the lifting of
(02:23):
a moratorium. Well, let's say you have a family that's
struggling to make twenty five hundred dollars a month in rent,
barely makes it, and at the end of a year
they now owe thirty thousand dollars in rent. How many
people you think are going to pay, and how many
landlords are going to get stuck big time. That's exactly
(02:44):
what the landlords are saying about this. Okay, time for
phone calls.
Speaker 2 (02:50):
Barbara, Hello, Barbara, Hi, how are you? Yes, ma'am? What
can I do for you?
Speaker 4 (02:58):
I have a U I have a petition for probate
that I'm going to be putting into a Stanley Moss courthouse.
My father died in test State. There's four of us
children and a stepmother and she's residing in the home
in Valencia that's valued at eight fifty. I want to
(03:21):
let you know that she forged a will and had
us all believing that it was legal for about three months.
He died in April, and she distributed property and sold property.
Speaker 3 (03:33):
And wait a minute, how she distributed property that belonged
to him? Yes, okay, was it? What's the property held
in joint tenancy?
Speaker 2 (03:44):
Barbara?
Speaker 4 (03:46):
Now what happened is my sister in Idaho bought a
collectible car of my father's quickly in order to distribute funds.
And she, my stepmother, was about to turn over to
a broker and she said, no, don't do that, I'll
buy it. So she bought the cars for forty thousand dollars,
(04:08):
and the wife signed the bill of sale with my
father's signature.
Speaker 2 (04:13):
Okay, all right, that's okay. So that's that's the.
Speaker 3 (04:16):
Forgery, and you and and it happened after he died, correct,
that's when the bill of sale was signed.
Speaker 2 (04:23):
Yes, okay, so that's easy.
Speaker 3 (04:24):
You know, dead people have a very difficult time signing document,
so that one's easy to unravel.
Speaker 2 (04:29):
Now let's talk about the property.
Speaker 3 (04:32):
How does your stepmom sell a piece of property that
she doesn't own.
Speaker 4 (04:39):
That's right, it's listed particularly in just my father has
it owned a soul and separate.
Speaker 2 (04:47):
Then she can't touch it, Barbara, she can't touch it.
Speaker 3 (04:50):
She can forge all the wills she wants, but approbate
has to be opened.
Speaker 2 (04:56):
She can't just turn around and sell it.
Speaker 3 (04:59):
The will And if she has a will that has
been signed.
Speaker 4 (05:04):
No, there's no there's no will was forged and there's
no witness.
Speaker 3 (05:08):
Well wait a second, hold on, hold on, Barbara, if
it was forged, there's a will because you have to
forge something. So there is a document that's purported to
be a will. So what you're saying is a will
was introduced or a will there is a document that
is forged, correct, right, Okay, So there is a will,
it's just whether it's valid or not is a different issue,
(05:31):
all right, and was and you say there's no witnesses
on the will, Do you have a copy of that document? Yes, okay,
And there's no uh you two witnesses or it's actually
it's called uh yeah, it's witnesses, and it's called publishing
the will in front of two people. And there are
there aren't no, there aren't any witnesses there. Then there's
(05:53):
no will. Right then it's that's going to go by
way of intestacy. And what's going to happen is, uh,
step mom is going to own half the property. She's
going to get half of everything, and you and your
siblings are going to get the other half.
Speaker 1 (06:08):
Okay.
Speaker 4 (06:08):
My question is I would like to remove her from
the property and become the personal representative before she makes.
Speaker 3 (06:17):
She's not the personal Barbara, She's not the personal representative, Okay,
not until she is given that given the authority by
the courts. Right now, it's the estate in the name
of your father, and someone's got to go into court.
Nothing happens with that property until the judge, until you
(06:37):
open probate, and the judge allows an executor to be named,
and the executor has the ability to transfer the property
or distribute it personal to law.
Speaker 4 (06:48):
What I'm calling for is to determine whether or not
I should file as the personal representative and have documents.
Speaker 3 (06:57):
You have to open a probate. You've got to open
a probate. Except I got news for you. Probably step
mom is going to get it.
Speaker 5 (07:04):
Okay.
Speaker 2 (07:05):
Yeah, the courts normally go to the spouses.
Speaker 3 (07:08):
But if you but if you could establish the forgery
and she was part of it, the court will not
let her touch.
Speaker 4 (07:14):
It, thank you.
Speaker 3 (07:16):
Yeah, doesn't mean she's not gonna get doesn't mean she's
not gonna get half of it, Barbara. It just means
that the court won't let her do it. And then
you and your siblings, one of you walk in and uh,
there you go. And if you can prove with any
credibility that your step mom forged that stuff, of course
is not gonna let her go forward with that.
Speaker 2 (07:35):
So there you go. That's the answer. This is Handle
on the Law.
Speaker 3 (07:42):
Welcome back, Handle on the Law, Marginal legal advice.
Speaker 2 (07:48):
James, Hello, James, welcome to Handle on the law.
Speaker 6 (07:52):
Oh, he broke it. Let me pull over a rookie
on party right now, I'm sorry.
Speaker 2 (07:55):
Oh no, no, stay no, stay on the phone. Put
it next to your ear.
Speaker 3 (07:58):
When a cop stops you and gives you a t
for driving out with the thing, or you're just say hey,
I'm listening to handle and he said it's fine.
Speaker 6 (08:05):
Yeah, I've just heard it off right now. Thank you.
I appreciate that. Okay, Okay, my girl was in my car.
I had insurance. A guy came in her lane and
hit her. Obviously it was I mean it was obviously
there was his fault. Cop showed up and everything. He
had no insurance. You know, Uh, my girl and my
(08:27):
my daughter going to chiropractor. Now the guy had no insurance,
but he has assets. Is there any way?
Speaker 2 (08:35):
Yeah, yeah, here's what you have to do.
Speaker 3 (08:37):
Insurance companies obviously are a whole lot easier to deal
with because for obvious reasons. So here is your next step.
You got to sue him, James, You have to sue him.
It's the only way you're going to get a judgment,
and you're going to show your damages. And you don't
want to go in front of a jury because that's
way too long. I don't think a lawyer is going
to get involved because there is an insurance on the
(08:59):
other side and the damages aren't big enough.
Speaker 2 (09:03):
Now, you know, if your daughters had lost their heads.
Speaker 3 (09:05):
Or you know, arms were flying around, you're gonna get
a lawyer.
Speaker 2 (09:09):
First.
Speaker 3 (09:09):
We'll do an asset search on the driver to see
if there are enough assets there. You're on your own
on this one. But each of your daughters has a small.
Speaker 6 (09:22):
It's my wife and my daughter, Okay.
Speaker 3 (09:24):
Each of them have a lawsuit in small claims court
for any injury they've sustained.
Speaker 2 (09:29):
You have a lawsuit for damage to the car.
Speaker 3 (09:32):
So yeah, and then you're gonna get a judgment on
your hands and then you go collect it.
Speaker 2 (09:36):
You're not gonna be able to foreclose. They don't let
you do that.
Speaker 3 (09:40):
For clothes on a lian you can file a leen,
but you're not gonna be able to foreclothes on the property,
and you have to do an asset search. I mean,
it's a big, big deal, James. Now, do you have
insurance on your car?
Speaker 6 (09:51):
Yeah, it got total loss. They paid it off and
I got it a little check you off for whatever
I paid on it.
Speaker 2 (09:57):
Okay, So you have that and so your car.
Speaker 3 (09:59):
You can't sue for damages for the car because you've
already been paid off on the car. Now we're talking
about suing for personal injury.
Speaker 2 (10:08):
I don't know.
Speaker 3 (10:09):
You know, soft tissue, it happens, you know, Do you
want to file lawsuit for that?
Speaker 7 (10:15):
Yeah?
Speaker 6 (10:16):
I want to, guy, You know those type of consequence
you know, it's like now.
Speaker 2 (10:19):
I understand that.
Speaker 6 (10:20):
Right.
Speaker 2 (10:21):
Then you go to court.
Speaker 3 (10:22):
Then what you have to do is you have to
bring in all the medical uh and if you're you
want to go in front of a jury, you have
to argue with a jury. No lawyer is going to
touch it. By the way, James, you're on your own.
You get to play lawyer on this one. Or you
sue a small claims court and you show your medical damages.
Small claims judges may say, hey, James, this is chiropractor,
(10:44):
this is soft tissue.
Speaker 2 (10:44):
I'm not going to give you any money or give
you a little bit. That's the risk you take.
Speaker 3 (10:48):
But you'll end up with some kind of a judgment.
And then that doesn't mean you get money. That just
means you go chasing after the money. Okay, I mean,
if if it's worth it to you, so some consequences
hit this guy that you're willing to go to that
length you do it.
Speaker 6 (11:06):
That's just so you try to trink off and everything
and the cuffs still up and everything.
Speaker 2 (11:10):
Okay, all right, all right, then you know what, then
spend the time.
Speaker 3 (11:14):
Then spend the time, you know, get the chiropractor you
want to get. You certainly want to get the reports.
He has the ability of saying these are just reports.
I want to talk to the chiropractor because he has
the right to confront witnesses against him, or the judge
(11:35):
may just throw out the reports, which means you have
to bring in the chiropractor.
Speaker 2 (11:39):
Subpoena the chiropractor.
Speaker 3 (11:41):
They're going to be thrilled to help you out, losing
half a day's work to go into court and testify.
Speaker 2 (11:46):
I'm telling you it's not a small deal.
Speaker 3 (11:48):
But if if you're willing to do that, then you
knock your socks off.
Speaker 2 (11:52):
I just give it up. But you know that's me. Jeff, Hello, Jeff, welcome,
Hey Bill.
Speaker 5 (12:02):
A couple of months back, my wife and I we're
on her honeymoon. Had a friend of mine was walking
our dog, my wife's dog, and the neighborhood dog got
out and basically mouled my dog or her dog. Fast
forward fifty eight hundred dollars later at the veterinarian. My
dog is doing better. But the lady now she just
(12:22):
wants to make monthly payments of like two hundred dollars
a month. Well at that, at that, really we're going
to be gone on, you know, twenty nine thirty months.
What kind of legal row cases do I have? How
can I go against her?
Speaker 2 (12:35):
The sewer?
Speaker 5 (12:37):
Okay, I have a police report and.
Speaker 3 (12:38):
It okay, you bring that party, You bring that to
court with you. You sow were for fifty eight.
Speaker 1 (12:45):
Okay?
Speaker 2 (12:46):
Cool?
Speaker 5 (12:47):
Now okay, if I get a judgment, what's to say
that she's gonna pay me?
Speaker 2 (12:50):
Well, then you got to chase after her. Then you
have to chase you.
Speaker 3 (12:54):
Then you have to then you have to chase after
her and try to collect the money.
Speaker 2 (12:58):
You're looking for bank accounts. You want to report her.
Speaker 3 (13:02):
If you get a judgment and it's not paid within
thirty days and you let her know, hey, you know what,
and then she offers to make payments, you.
Speaker 2 (13:10):
Go, hey, it's no. Two hundred bucks a month is
not going to happen.
Speaker 3 (13:13):
Make it four hundred dollars a month or whatever is
gonna work for you.
Speaker 2 (13:17):
I mean, you can't demand money that she doesn't have.
Speaker 5 (13:21):
Oh no, absolutely. And you know I was up front
with her. You know, at the very beginning, I was
willing to take payments, you know, five hundred, one thousand
dollars a month whatever. But no, she's like, no, I'll
give you two hundred own and I'm gonna take.
Speaker 3 (13:31):
Then you say, I'm taking you to court and I'm
gonna get a judgment for the full amount.
Speaker 5 (13:35):
Okay.
Speaker 2 (13:35):
Then and then you're.
Speaker 3 (13:36):
Gonna have to worry about how to come up with
fifty eight hundred dollars because I have the ability to collect.
Speaker 5 (13:41):
Does she work, yes, she works, even.
Speaker 2 (13:44):
Garnish wages, and you tell her I can garnish your wages.
Speaker 6 (13:47):
Yeah.
Speaker 5 (13:48):
And here she's throwing the single mother it don't matter.
Speaker 2 (13:51):
No one cares. I know, I agree, nobody cares.
Speaker 3 (13:55):
A court doesn't care, you know, single mother with a
with a.
Speaker 2 (13:58):
Pit bull that eats people. Correct, Yeah, okay, yeah.
Speaker 3 (14:02):
And when she goes i'm a single mom, and you go, hey,
you know what, let's you know, I understand, but how
much sympathy you have with people with your pit bull
that decide just going to eat everything in front of it.
Speaker 5 (14:12):
Yeah, I mean I had to come up with six
grand out of pocket.
Speaker 2 (14:14):
Right, I understand that's your damage. I get it, okay,
all right, nothing like a pit bull.
Speaker 3 (14:21):
By the way, you can't get home insurance if you
have a pit bull or a Rottweiler.
Speaker 2 (14:27):
They won't let you do it because those dogs are
so dangerous.
Speaker 3 (14:30):
Now, to be honest, and I've known a lot of
dog owners, it's not the issue of the dog, it's
the issue of the owners. Pit Bulls can be some
of the sweetest dogs in the world. The problem is
when they do bite someone, they crush. I mean, they
have such crushing power that it's a lot of damage
can be done, which is why it's really a good
(14:51):
idea to get like a little Chihuahua or a Yorky.
I mean, you know, so they nip at your ankles,
how but damage can that happen? Robin, Hello, Robin, welcome
to handle on the law.
Speaker 8 (15:04):
Hi Bill, thank you for taking my call. Sure, my
mom died just Shia three years ago. She had several properties,
bank accounts, IRA's It's a little complicated.
Speaker 9 (15:18):
She had a trust. My brother is the trustee. A
lot of issues have been resolved and a lot of
property has been distributed, but it's not complete and I
have yet to receive any accounting.
Speaker 2 (15:34):
Okay, that's three years.
Speaker 9 (15:36):
Three years.
Speaker 2 (15:37):
Yeah, yeah, the same, the same thing, lawyer letter.
Speaker 3 (15:41):
The argument is that the trustee is breaching the terms
of the trust. You cannot last or you can't keep
it going for years because the trust probably says this
property will be sold in a reasonable time and say
you got five years to do it, and push comes
to shove the trust he refuses to distribute. You tell them, Okay,
(16:03):
I'm gonna sue you, and you're gonna get stuck with
the attorney's fees. You know, what do you want to do?
I want an accounting. I'm a beneficiary and if you've
got to go to if you go to court, the
court will order you to have an accounting. He the
trustee is bound to give you an accounting.
Speaker 4 (16:20):
Okay.
Speaker 9 (16:21):
So what you're suggesting them that I have a.
Speaker 2 (16:23):
Lawyer, Yeah, just write a lawyer letter. Yep, yep, yep.
And are there other are there Robin or their other beneficiaries?
Speaker 3 (16:30):
Yeah? And they haven't gotten the money either. No, they
haven't gotten an accounting. How many beneficiaries are there?
Speaker 9 (16:37):
Well, there's four total, counting my brother.
Speaker 2 (16:39):
Okay, forget about your brothers. The three of you that
want to uh do a write the letter. All right.
So let's say you get a lawyer six hundred bucks
an hour.
Speaker 3 (16:47):
A good lawyer cost you two hundred bucks apiece for
an hour, puts in one hour, hour and a half.
And there's a lawyer letter looking at him saying, Hey,
you're in a while. You're going to be in a
world of hurt because we're going to sue you. We're
going back to the court and you're going to be
ordered and you're going to pay all the damages. And
you're no longer going to be the trustee because immediately
(17:08):
go in on a motion to have him removed as
a trustee. You'll get the accounting, you'll get the money.
I wouldn't worry about it.
Speaker 2 (17:17):
This is Handle on the Law.
Speaker 1 (17:20):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 3 (17:26):
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:37):
All right, Susan, Hi, Susan, welcome to Handle on the law.
Speaker 10 (17:42):
There's a legal drug activity taking place in the apartment
building where I live. And this has been going on
for years, and it's dangerous because these people are potentially
cooking drugs. And we've complained to the landlord and filed
police reports. There's been two overdoses on the property that
we know about in the last two months. Finally we
contacted our local electeds, the city council woman, and within
(18:05):
a day there was like that move out in five
days sign on the door explaining that they're manufacturing drugs
and their republic and private nuisance. And now it's been
about nine days and the people are still carrying on
as usual.
Speaker 3 (18:18):
Yeah, well great, welcome to city bureaucracy. So what agency
put the move out notice was.
Speaker 10 (18:28):
That the landlord, the property owner, who's the largest property
owner in our.
Speaker 2 (18:33):
Area, you can't force him to move quicker. I mean
you could, You're gonna have to, but you're going to
have to get a judge to make that order.
Speaker 3 (18:43):
So the property owner, I would call them up and say, guys,
this is a real danger. You're on notice that this
is a danger and they're probably manufacturing drugs.
Speaker 2 (18:55):
Make sure you have that in writing, and I go and.
Speaker 3 (18:58):
And we've told you that, and you shoot a five
day and you haven't gone to enforce that whatsoever. And
if this place explodes, you're gonna get sued.
Speaker 2 (19:12):
I think that would wake them up.
Speaker 10 (19:16):
Okay, because we've kind of done that and they still
know and they're still there, then.
Speaker 3 (19:21):
You know they you don't know, by the way, if
they haven't done anything, you don't know. If they've gotten
notice of eviction, you don't know. If the police have
called the police should have arrested them.
Speaker 10 (19:30):
Well, the police chief was in the email when we
notified the local electeds notified the police chief and already
I've let the sheriff know.
Speaker 3 (19:39):
Well, Susan, if they don't want to enforce, and they're
the ones that enforce, there's nothing you can do except pressure.
Speaker 2 (19:48):
Pressure, pressure, Go to your city council person.
Speaker 3 (19:52):
Go to I would go to the local newspaper and
just as much pressure. But you cannot worse a police
agency to act faster than they want to act, or
to act at all if they don't want to act.
Speaker 10 (20:08):
So in the meantime, do I what if I don't
pay my rent? Then I'm I mean, because if we're
not living in safe conditions.
Speaker 3 (20:15):
Right, and then that's the other way, you're living in
unsafe conditions. But what's the But let me ask you this,
is it the landlord who's not acting or is it
the police authorities?
Speaker 10 (20:28):
Well, I think the police authority probably would have to
investigate to get a case going.
Speaker 2 (20:32):
Okay, so what.
Speaker 3 (20:33):
Word does the landlord do? I don't think the landlord
can throw you out five days. Maybe, I don't know
how it works. What city are you in?
Speaker 2 (20:43):
San Barbara? Okay? Yeah, I don't know.
Speaker 3 (20:45):
If you know, under you know, this would probably be
under local local ordinances, so you get to find out
what's going on. But if it's up to the city
the police authorities to act on this, the landlord, all
the landlord says, we've done every thing. You know, we
can't we can't go in there and move them out.
(21:05):
The law doesn't allow that to happen.
Speaker 10 (21:08):
So when they put the notice on their door, it
says you're a public in private nusance you're manufacturing drugs. Well,
that's evidence that the landlord knows there's dangerous activity in
that state.
Speaker 2 (21:17):
What's the way you take me? What's the landlord supposed
to do?
Speaker 3 (21:21):
Come in there with his goons and guns and get
them out.
Speaker 4 (21:24):
Well, change the lots.
Speaker 2 (21:25):
You can't do that, cannot do that, so they.
Speaker 10 (21:29):
Just have to let them continue to that.
Speaker 2 (21:32):
Or and a victim.
Speaker 10 (21:33):
Yeah, well that's the landlord. Okay, so and tell the
landlord evicts them. So they're just not taking quick enough action.
Speaker 3 (21:40):
Well, then you tell them. Then you tell the landlord,
I'm withholding rent until you do something about it, or
the conditions or what the conditions are so dangerous? Show
the landlord, I've got to go into a safe place
and you're paying for it. And the landlord says, we've
done everything. What more do you want us to do?
You don't know if the landlord hasn't already filed eviction
or give him notice to vic.
Speaker 2 (22:00):
You have no idea, so you get to find out out.
You know.
Speaker 3 (22:04):
Unfortunately, tenants rights are very strong, right. You wish you
could go in there with a shotgun, but you can't.
You know, this is when you want to have a
dog that eats people, but you can't.
Speaker 10 (22:20):
Right, So if I have a if I just don't
pay my rent, then he's going to go after me
for a not paid rent. Probably even if all of
this clearly illegal drug activity is going on.
Speaker 3 (22:28):
Probably, but he's not doing the illegal drug activity. And
let's say the landlord does everything that a landlord can
do short of breaking the law. So you're like, I
know how frustrating is. You're stuck between a rock and
a hard place. Curtis welcome to handle on the law.
Speaker 1 (22:47):
I have a home in South Wors County that we
had rented out through the property management. Another property managers
bought them out, so we ended up moving back into
our house. Inspected it a lot of stuff missing refrigerator, stove.
Speaker 3 (23:06):
What someone took out the refrigerator and stove when they moved. Yep, whoo,
that's clever. Okay, I assume you had homeowners insurance.
Speaker 1 (23:15):
No, but we had a really big deposit from them.
We had twenty thousand security deposit, and so we ended
up settling with the twenty thousand. We wouldn't take them
the court for the other stuff. So to collect the
twenty the property management took out seven percent seventeen hundred dollars,
saying this is considered income, so we're gonna charge you
(23:39):
an income fee?
Speaker 3 (23:40):
What for them to take away them taking out seventeen
hundred dollars and then for some reason, that's income to you.
Speaker 1 (23:49):
They're claiming that since they're saying that it is income,
which part of our agreement which was grandfathered in that
they get to take seven percent out.
Speaker 3 (24:02):
All right, So let's say they get to take seven
percent out. I understand that. I don't understand taking money
out somehow is attributed to you as income. That's what, right, Yeah,
I don't understand, Curtisy.
Speaker 2 (24:15):
That's just it's wrong. It's not injury.
Speaker 1 (24:18):
And so I wrote them back and said, listen, this
is stuff for damaged property. It's not income. And so
their excuse or their response was, once the security deposit
is moved into an owner operating account to just be
distributed back to you, it's considered income.
Speaker 2 (24:38):
Curtis. Curtis, that's a tax. You know, that's a tax issue.
Speaker 3 (24:42):
If I had that question, i'd call my accountant, all right, And.
Speaker 1 (24:45):
Well here's what I'm just curious on, whether like do
I take them to court? Like now they're ghost to me,
they're not returning my calls.
Speaker 3 (24:52):
Well, you're not going to take them to court for
calling it income. Have they reported that to the I
R S.
Speaker 2 (24:59):
Has there been a ten ninety nine issued it's.
Speaker 1 (25:02):
Just it's just reason.
Speaker 7 (25:03):
I'll know.
Speaker 3 (25:04):
Yeah, if they don't report it to the IRS, they
can call it whatever they want, Curtis, and it has
no effect.
Speaker 1 (25:10):
But I'm about seventeen hundred bucks.
Speaker 2 (25:12):
Well, that's a different issue.
Speaker 3 (25:13):
But if there is an agreement that says they get
seven percent under whatever circumstances, and they're arguing that they're
entitled to seven percent, you're saying no, for whatever reason
that you go that you take them to court for.
That's your right, because yeah, I understand that that's what
There's two issues there. You're conflating them, Curtis. One is
(25:34):
textable income. The other one is are the entitled to
the seven percent? The seven percent part you can sue
for in small claims court. Small claims court isn't going
to touch the is it income? Is it not income?
That's a you and the I r s.
Speaker 1 (25:47):
Right, right, I'll be I don't I want to know
how can I get my seventeen hundred bucks?
Speaker 2 (25:52):
I assume them a small claims court.
Speaker 7 (25:55):
That's it.
Speaker 2 (25:56):
That's it.
Speaker 3 (25:56):
And this is handle on the law. Is handle on
the law. Marginal legal Advice Doug, Hello, Doug.
Speaker 7 (26:07):
Yes, a credit card dead about ten thousand dollars. That
was from December twenty thirteen. I just wondered, do I
have to pay that?
Speaker 3 (26:17):
Had you made any payments on it at all since
twenty thirteen?
Speaker 2 (26:20):
No, now you don't have to pay it. Statute of
limitations is long gone.
Speaker 7 (26:25):
Well that's what I talk. But they did try to
attach by ticket accountest recently.
Speaker 3 (26:28):
No, because they have to get a judgment against you
before they can do that.
Speaker 2 (26:33):
And if they have, have they sued you.
Speaker 7 (26:35):
Doug, No, just letter, you know.
Speaker 2 (26:39):
Okay, letter means nothing.
Speaker 3 (26:40):
Now, this is the only thing that is a possibility
is they did sue you and you weren't even served.
You don't even know that you've been sued. That happens
all the time. That's fraud, by the way. Then someone's
committed fraud against you and they got a judgment against you.
Speaker 2 (26:59):
A judgment is good for ten years.
Speaker 3 (27:02):
And you can affirm reaffirm that judgment for another ten years.
So you can have a judgment against you for twenty
years and interest piles up, et cetera. But that's only
based on you being sued and a judgment goes against you.
Speaker 7 (27:18):
Oh my god. Put what you ply do is I
got a letter from the County shrifes department the same
what they're doing, they're gonna do or whatever.
Speaker 2 (27:29):
Yeah, that's probably a judgment.
Speaker 3 (27:31):
My guess is there's probably a judgment on the record,
and you get to find out what it is. You
get to pull that judgment. It's a public document, so
you get to go into the county and there's your name,
find out the credit card company versus your name. So
let's say's Bank of America versus doug and see and
(27:53):
see if there's a judgment and if the sheriff got involved.
My guess is there probably is a judgment. And if
you don't know you've been sued, it's fraud. And then
you come back and you can actually make a motion
to quash it. But now you're talking about some pretty
complicated stuff and they want what ten thousand dollars?
Speaker 7 (28:13):
Fucks me?
Speaker 3 (28:14):
Yeah, okay, Well I would call them and say, hey,
I was never served. Okay, this is fraud, and what
do you want to do about it? They may say
too bad, and then you may have to get a
lawyer to fight it. But based on what you said,
there's a judgment there. It's not just I got a
(28:36):
credit card, dat and the statute is gone. Do I
have to pay it?
Speaker 2 (28:40):
Elsie or Elise? Hello, Elise, welcome, Hello Bill.
Speaker 11 (28:44):
My credit card was stolen from my ex boyfriend, actually,
and I reported it as stolen at the time, you know,
I it's the fraud department when I got a bill. However,
I never finished the process with them and I just
left it alone. But it has gone to collections and
it's like a stain on my Okay, hang on.
Speaker 3 (29:03):
Wait, wait, wait, okay, hang on a minute. I'm a
little confused here. Credit card stolen from you? Correct?
Speaker 4 (29:10):
Correct?
Speaker 3 (29:11):
Okay, it maxed out and uh so a pile of
credit card charges that were not yours was put on.
Speaker 2 (29:19):
The card correct, correct?
Speaker 3 (29:21):
Okay, and you reported all of that and they still
put you into collections.
Speaker 4 (29:27):
Exactly. Yeah.
Speaker 11 (29:28):
They wanted me to make a police report at.
Speaker 2 (29:31):
The time, okay, and I didn't do anything.
Speaker 4 (29:33):
Why Why I was still dating the.
Speaker 5 (29:37):
Guy that Oh?
Speaker 2 (29:38):
Okay, all right, so you're an idiot. Okay, So what's
your question?
Speaker 4 (29:42):
Okay, So my question is now now later, that's I'm
looking at it on my credit report.
Speaker 11 (29:46):
Is it too late to take it to small things?
Speaker 7 (29:48):
Now?
Speaker 5 (29:49):
Yeah?
Speaker 2 (29:49):
Who are you gonna take the small claims court, it
would be him.
Speaker 3 (29:53):
Yeah, okay, And how do you prove that he didn't
have permission to use the card?
Speaker 4 (30:01):
Oh?
Speaker 2 (30:01):
Wow, okay, because here's the question. Here's the question.
Speaker 3 (30:05):
Hey, alas you were you knew the card was bad,
and you you knew he was using the card, and
you didn't put a police report, You didn't say anything
to anybody you were dating him, you kept on dating him.
Well he was doing that, Yeah, you're screwed. How much
money did he spend?
Speaker 2 (30:23):
It was like, yeah, there it was worth? How okay?
How good a roll.
Speaker 7 (30:28):
In the hay was it?
Speaker 2 (30:30):
Yeah? How good? How good was he sexually?
Speaker 3 (30:33):
Maybe maybe there's that's probably what Yeah, okay, Well if
he's great, and then maybe it's worth Maybe it's worth
four thousand dollars. You know, I mean there are plenty
of people go yeah, you know, I'll take it.
Speaker 2 (30:44):
You know, I mean that she's that good, I'll take
it for four grand.
Speaker 3 (30:48):
All right, before we take our break, I want to
talk about people hurting.
Speaker 2 (30:52):
I'm gonna talk about you hurting.
Speaker 3 (30:54):
Chronic pain, which is there all of the time, and
if you have to live in chronic pain or you
know someone who does, I'm going to suggest you listen
to the Pain Game podcasts. And this is about people
who have lived do live with pain. And the host
of the show, Lindsey why happened to be married to
(31:16):
she suffers from chronic pain twenty four to seven, and
even people who don't have it and live with someone
who does. It's worth listening to the Pain Game podcast
because every episode ends with a message of hope and
the premise is, and I know this is counterintuitive, you'll
understand that the show is about giving pain purpose. She
(31:37):
started the show to help other people and then helps herself.
And chronic pain is so bad that the number of
people who kill themselves because of chronic pain is astronomical.
Speaker 2 (31:50):
So this is the.
Speaker 3 (31:51):
Pain Game podcast hosted by Lindsey. Season three is wrapping
up soon. The next episode is about turning Trump into
triumph because pain also comes from trauma, and so it's
turning trauma into triumph with San Diego attorney Alreen Hayquist
twenty three years experience fighting for women in this case
(32:14):
who have endured sexual abuse and harassment discrimination, and she's
recovered millions of dollars for her clients along the way,
including taking on President Trump and successfully getting victims a
chunk of money from Trump University. You remember that story,
so listen to the show wherever you listen to podcasts,
(32:34):
The Pain Game Podcast. You can follow on social at
the Pain Game Podcast and the podcast is The.
Speaker 2 (32:42):
Pain Game Podcast. This is Handle on the Law. You've
been listening to the Bill Handle Show.
Speaker 3 (32:50):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:08):
This is Handle on the law marginal legal addlights.
Speaker 3 (00:12):
If I tell you have absolutely no case, and I
tell you that joyfully, and when you do have a case,
I get a little depressed about it, but so be it.
As you know, the raids are going on all over
the country. The Trump administration has decided and it's clear
has its idea that illegal immigration is a priority in
(00:33):
which the government must deal with. And raids are happening
particularly in Democrat cities. And Los Angeles is an overwhelming
democratic city with a Democratic mayor and a Democratic city council,
so it's pretty liberal. So there has been a huge
influence and there's been a target. LA has been a
(00:56):
target of immigration raids almost more so than any other city.
The big wins are Chicago and LA and I think
LA is the poster child. So the La County Board
of Supervisors has declared a state of emergency related to
immigration rates, and what it does is allow the Board
(01:18):
of Supervisors to provide rent relief for tenants who have
fallen behind as a result of the crackdown. And the
local state of emergency means that they can also funnel
money state money which they get for legal aid and
other services for people who have basically been deported or
being held are being detained. So funds for rent will
(01:41):
be available via an online portal that's going to be
launched within two months. This according to one of the supervisor,
Lindsay Horsath. And the motion is also and this will happen.
I'm convinced of that. It'll be a first step towards
the eviction moratorium, much like it was in COVID, where
(02:01):
no one could be evicted and that would require a
separate action by the survivors. Landlords, of course, are arguing,
if you do this eviction moratorium, we are really going
to get nailed. Last time, during the course of COVID,
when there was a moratorium of over a year in
which tenants did not have to pay rent, however they
owed the rent at the end of the lifting of
(02:23):
a moratorium. Well, let's say you have a family that's
struggling to make twenty five hundred dollars a month in rent,
barely makes it, and at the end of a year
they now owe thirty thousand dollars in rent. How many
people you think are going to pay, and how many
landlords are going to get stuck big time. That's exactly
(02:44):
what the landlords are saying about this. Okay, time for
phone calls.
Speaker 2 (02:50):
Barbara, Hello, Barbara, Hi, how are you? Yes, ma'am? What
can I do for you?
Speaker 4 (02:58):
I have a U I have a petition for probate
that I'm going to be putting into a Stanley Moss courthouse.
My father died in test State. There's four of us
children and a stepmother and she's residing in the home
in Valencia that's valued at eight fifty. I want to
(03:21):
let you know that she forged a will and had
us all believing that it was legal for about three months.
He died in April, and she distributed property and sold property.
Speaker 3 (03:33):
And wait a minute, how she distributed property that belonged
to him? Yes, okay, was it? What's the property held
in joint tenancy?
Speaker 2 (03:44):
Barbara?
Speaker 4 (03:46):
Now what happened is my sister in Idaho bought a
collectible car of my father's quickly in order to distribute funds.
And she, my stepmother, was about to turn over to
a broker and she said, no, don't do that, I'll
buy it. So she bought the cars for forty thousand dollars,
(04:08):
and the wife signed the bill of sale with my
father's signature.
Speaker 2 (04:13):
Okay, all right, that's okay. So that's that's the.
Speaker 3 (04:16):
Forgery, and you and and it happened after he died, correct,
that's when the bill of sale was signed.
Speaker 2 (04:23):
Yes, okay, so that's easy.
Speaker 3 (04:24):
You know, dead people have a very difficult time signing document,
so that one's easy to unravel.
Speaker 2 (04:29):
Now let's talk about the property.
Speaker 3 (04:32):
How does your stepmom sell a piece of property that
she doesn't own.
Speaker 4 (04:39):
That's right, it's listed particularly in just my father has
it owned a soul and separate.
Speaker 2 (04:47):
Then she can't touch it, Barbara, she can't touch it.
Speaker 3 (04:50):
She can forge all the wills she wants, but approbate
has to be opened.
Speaker 2 (04:56):
She can't just turn around and sell it.
Speaker 3 (04:59):
The will And if she has a will that has
been signed.
Speaker 4 (05:04):
No, there's no there's no will was forged and there's
no witness.
Speaker 3 (05:08):
Well wait a second, hold on, hold on, Barbara, if
it was forged, there's a will because you have to
forge something. So there is a document that's purported to
be a will. So what you're saying is a will
was introduced or a will there is a document that
is forged, correct, right, Okay, So there is a will,
it's just whether it's valid or not is a different issue,
(05:31):
all right, and was and you say there's no witnesses
on the will, Do you have a copy of that document? Yes, okay,
And there's no uh you two witnesses or it's actually
it's called uh yeah, it's witnesses, and it's called publishing
the will in front of two people. And there are
there aren't no, there aren't any witnesses there. Then there's
(05:53):
no will. Right then it's that's going to go by
way of intestacy. And what's going to happen is, uh,
step mom is going to own half the property. She's
going to get half of everything, and you and your
siblings are going to get the other half.
Speaker 1 (06:08):
Okay.
Speaker 4 (06:08):
My question is I would like to remove her from
the property and become the personal representative before she makes.
Speaker 3 (06:17):
She's not the personal Barbara, She's not the personal representative, Okay,
not until she is given that given the authority by
the courts. Right now, it's the estate in the name
of your father, and someone's got to go into court.
Nothing happens with that property until the judge, until you
(06:37):
open probate, and the judge allows an executor to be named,
and the executor has the ability to transfer the property
or distribute it personal to law.
Speaker 4 (06:48):
What I'm calling for is to determine whether or not
I should file as the personal representative and have documents.
Speaker 3 (06:57):
You have to open a probate. You've got to open
a probate. Except I got news for you. Probably step
mom is going to get it.
Speaker 5 (07:04):
Okay.
Speaker 2 (07:05):
Yeah, the courts normally go to the spouses.
Speaker 3 (07:08):
But if you but if you could establish the forgery
and she was part of it, the court will not
let her touch.
Speaker 4 (07:14):
It, thank you.
Speaker 3 (07:16):
Yeah, doesn't mean she's not gonna get doesn't mean she's
not gonna get half of it, Barbara. It just means
that the court won't let her do it. And then
you and your siblings, one of you walk in and uh,
there you go. And if you can prove with any
credibility that your step mom forged that stuff, of course
is not gonna let her go forward with that.
Speaker 2 (07:35):
So there you go. That's the answer. This is Handle
on the Law.
Speaker 3 (07:42):
Welcome back, Handle on the Law, Marginal legal advice.
Speaker 2 (07:48):
James, Hello, James, welcome to Handle on the law.
Speaker 6 (07:52):
Oh, he broke it. Let me pull over a rookie
on party right now, I'm sorry.
Speaker 2 (07:55):
Oh no, no, stay no, stay on the phone. Put
it next to your ear.
Speaker 3 (07:58):
When a cop stops you and gives you a t
for driving out with the thing, or you're just say hey,
I'm listening to handle and he said it's fine.
Speaker 6 (08:05):
Yeah, I've just heard it off right now. Thank you.
I appreciate that. Okay, Okay, my girl was in my car.
I had insurance. A guy came in her lane and
hit her. Obviously it was I mean it was obviously
there was his fault. Cop showed up and everything. He
had no insurance. You know, Uh, my girl and my
(08:27):
my daughter going to chiropractor. Now the guy had no insurance,
but he has assets. Is there any way?
Speaker 2 (08:35):
Yeah, yeah, here's what you have to do.
Speaker 3 (08:37):
Insurance companies obviously are a whole lot easier to deal
with because for obvious reasons. So here is your next step.
You got to sue him, James, You have to sue him.
It's the only way you're going to get a judgment,
and you're going to show your damages. And you don't
want to go in front of a jury because that's
way too long. I don't think a lawyer is going
to get involved because there is an insurance on the
(08:59):
other side and the damages aren't big enough.
Speaker 2 (09:03):
Now, you know, if your daughters had lost their heads.
Speaker 3 (09:05):
Or you know, arms were flying around, you're gonna get
a lawyer.
Speaker 2 (09:09):
First.
Speaker 3 (09:09):
We'll do an asset search on the driver to see
if there are enough assets there. You're on your own
on this one. But each of your daughters has a small.
Speaker 6 (09:22):
It's my wife and my daughter, Okay.
Speaker 3 (09:24):
Each of them have a lawsuit in small claims court
for any injury they've sustained.
Speaker 2 (09:29):
You have a lawsuit for damage to the car.
Speaker 3 (09:32):
So yeah, and then you're gonna get a judgment on
your hands and then you go collect it.
Speaker 2 (09:36):
You're not gonna be able to foreclose. They don't let
you do that.
Speaker 3 (09:40):
For clothes on a lian you can file a leen,
but you're not gonna be able to foreclothes on the property,
and you have to do an asset search. I mean,
it's a big, big deal, James. Now, do you have
insurance on your car?
Speaker 6 (09:51):
Yeah, it got total loss. They paid it off and
I got it a little check you off for whatever
I paid on it.
Speaker 2 (09:57):
Okay, So you have that and so your car.
Speaker 3 (09:59):
You can't sue for damages for the car because you've
already been paid off on the car. Now we're talking
about suing for personal injury.
Speaker 2 (10:08):
I don't know.
Speaker 3 (10:09):
You know, soft tissue, it happens, you know, Do you
want to file lawsuit for that?
Speaker 7 (10:15):
Yeah?
Speaker 6 (10:16):
I want to, guy, You know those type of consequence
you know, it's like now.
Speaker 2 (10:19):
I understand that.
Speaker 6 (10:20):
Right.
Speaker 2 (10:21):
Then you go to court.
Speaker 3 (10:22):
Then what you have to do is you have to
bring in all the medical uh and if you're you
want to go in front of a jury, you have
to argue with a jury. No lawyer is going to
touch it. By the way, James, you're on your own.
You get to play lawyer on this one. Or you
sue a small claims court and you show your medical damages.
Small claims judges may say, hey, James, this is chiropractor,
(10:44):
this is soft tissue.
Speaker 2 (10:44):
I'm not going to give you any money or give
you a little bit. That's the risk you take.
Speaker 3 (10:48):
But you'll end up with some kind of a judgment.
And then that doesn't mean you get money. That just
means you go chasing after the money. Okay, I mean,
if if it's worth it to you, so some consequences
hit this guy that you're willing to go to that
length you do it.
Speaker 6 (11:06):
That's just so you try to trink off and everything
and the cuffs still up and everything.
Speaker 2 (11:10):
Okay, all right, all right, then you know what, then
spend the time.
Speaker 3 (11:14):
Then spend the time, you know, get the chiropractor you
want to get. You certainly want to get the reports.
He has the ability of saying these are just reports.
I want to talk to the chiropractor because he has
the right to confront witnesses against him, or the judge
(11:35):
may just throw out the reports, which means you have
to bring in the chiropractor.
Speaker 2 (11:39):
Subpoena the chiropractor.
Speaker 3 (11:41):
They're going to be thrilled to help you out, losing
half a day's work to go into court and testify.
Speaker 2 (11:46):
I'm telling you it's not a small deal.
Speaker 3 (11:48):
But if if you're willing to do that, then you
knock your socks off.
Speaker 2 (11:52):
I just give it up. But you know that's me. Jeff, Hello, Jeff, welcome,
Hey Bill.
Speaker 5 (12:02):
A couple of months back, my wife and I we're
on her honeymoon. Had a friend of mine was walking
our dog, my wife's dog, and the neighborhood dog got
out and basically mouled my dog or her dog. Fast
forward fifty eight hundred dollars later at the veterinarian. My
dog is doing better. But the lady now she just
(12:22):
wants to make monthly payments of like two hundred dollars
a month. Well at that, at that, really we're going
to be gone on, you know, twenty nine thirty months.
What kind of legal row cases do I have? How
can I go against her?
Speaker 2 (12:35):
The sewer?
Speaker 5 (12:37):
Okay, I have a police report and.
Speaker 3 (12:38):
It okay, you bring that party, You bring that to
court with you. You sow were for fifty eight.
Speaker 1 (12:45):
Okay?
Speaker 2 (12:46):
Cool?
Speaker 5 (12:47):
Now okay, if I get a judgment, what's to say
that she's gonna pay me?
Speaker 2 (12:50):
Well, then you got to chase after her. Then you
have to chase you.
Speaker 3 (12:54):
Then you have to then you have to chase after
her and try to collect the money.
Speaker 2 (12:58):
You're looking for bank accounts. You want to report her.
Speaker 3 (13:02):
If you get a judgment and it's not paid within
thirty days and you let her know, hey, you know what,
and then she offers to make payments, you.
Speaker 2 (13:10):
Go, hey, it's no. Two hundred bucks a month is
not going to happen.
Speaker 3 (13:13):
Make it four hundred dollars a month or whatever is
gonna work for you.
Speaker 2 (13:17):
I mean, you can't demand money that she doesn't have.
Speaker 5 (13:21):
Oh no, absolutely. And you know I was up front
with her. You know, at the very beginning, I was
willing to take payments, you know, five hundred, one thousand
dollars a month whatever. But no, she's like, no, I'll
give you two hundred own and I'm gonna take.
Speaker 3 (13:31):
Then you say, I'm taking you to court and I'm
gonna get a judgment for the full amount.
Speaker 5 (13:35):
Okay.
Speaker 2 (13:35):
Then and then you're.
Speaker 3 (13:36):
Gonna have to worry about how to come up with
fifty eight hundred dollars because I have the ability to collect.
Speaker 5 (13:41):
Does she work, yes, she works, even.
Speaker 2 (13:44):
Garnish wages, and you tell her I can garnish your wages.
Speaker 6 (13:47):
Yeah.
Speaker 5 (13:48):
And here she's throwing the single mother it don't matter.
Speaker 2 (13:51):
No one cares. I know, I agree, nobody cares.
Speaker 3 (13:55):
A court doesn't care, you know, single mother with a
with a.
Speaker 2 (13:58):
Pit bull that eats people. Correct, Yeah, okay, yeah.
Speaker 3 (14:02):
And when she goes i'm a single mom, and you go, hey,
you know what, let's you know, I understand, but how
much sympathy you have with people with your pit bull
that decide just going to eat everything in front of it.
Speaker 5 (14:12):
Yeah, I mean I had to come up with six
grand out of pocket.
Speaker 2 (14:14):
Right, I understand that's your damage. I get it, okay,
all right, nothing like a pit bull.
Speaker 3 (14:21):
By the way, you can't get home insurance if you
have a pit bull or a Rottweiler.
Speaker 2 (14:27):
They won't let you do it because those dogs are
so dangerous.
Speaker 3 (14:30):
Now, to be honest, and I've known a lot of
dog owners, it's not the issue of the dog, it's
the issue of the owners. Pit Bulls can be some
of the sweetest dogs in the world. The problem is
when they do bite someone, they crush. I mean, they
have such crushing power that it's a lot of damage
can be done, which is why it's really a good
(14:51):
idea to get like a little Chihuahua or a Yorky.
I mean, you know, so they nip at your ankles,
how but damage can that happen? Robin, Hello, Robin, welcome
to handle on the law.
Speaker 8 (15:04):
Hi Bill, thank you for taking my call. Sure, my
mom died just Shia three years ago. She had several properties,
bank accounts, IRA's It's a little complicated.
Speaker 9 (15:18):
She had a trust. My brother is the trustee. A
lot of issues have been resolved and a lot of
property has been distributed, but it's not complete and I
have yet to receive any accounting.
Speaker 2 (15:34):
Okay, that's three years.
Speaker 9 (15:36):
Three years.
Speaker 2 (15:37):
Yeah, yeah, the same, the same thing, lawyer letter.
Speaker 3 (15:41):
The argument is that the trustee is breaching the terms
of the trust. You cannot last or you can't keep
it going for years because the trust probably says this
property will be sold in a reasonable time and say
you got five years to do it, and push comes
to shove the trust he refuses to distribute. You tell them, Okay,
(16:03):
I'm gonna sue you, and you're gonna get stuck with
the attorney's fees. You know, what do you want to do?
I want an accounting. I'm a beneficiary and if you've
got to go to if you go to court, the
court will order you to have an accounting. He the
trustee is bound to give you an accounting.
Speaker 4 (16:20):
Okay.
Speaker 9 (16:21):
So what you're suggesting them that I have a.
Speaker 2 (16:23):
Lawyer, Yeah, just write a lawyer letter. Yep, yep, yep.
And are there other are there Robin or their other beneficiaries?
Speaker 3 (16:30):
Yeah? And they haven't gotten the money either. No, they
haven't gotten an accounting. How many beneficiaries are there?
Speaker 9 (16:37):
Well, there's four total, counting my brother.
Speaker 2 (16:39):
Okay, forget about your brothers. The three of you that
want to uh do a write the letter. All right.
So let's say you get a lawyer six hundred bucks
an hour.
Speaker 3 (16:47):
A good lawyer cost you two hundred bucks apiece for
an hour, puts in one hour, hour and a half.
And there's a lawyer letter looking at him saying, Hey,
you're in a while. You're going to be in a
world of hurt because we're going to sue you. We're
going back to the court and you're going to be
ordered and you're going to pay all the damages. And
you're no longer going to be the trustee because immediately
(17:08):
go in on a motion to have him removed as
a trustee. You'll get the accounting, you'll get the money.
I wouldn't worry about it.
Speaker 2 (17:17):
This is Handle on the Law.
Speaker 1 (17:20):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 3 (17:26):
This is handle on the law, marginal legal advice where
I tell you you have absolutely no case.
Speaker 2 (17:37):
All right, Susan, Hi, Susan, welcome to Handle on the law.
Speaker 10 (17:42):
There's a legal drug activity taking place in the apartment
building where I live. And this has been going on
for years, and it's dangerous because these people are potentially
cooking drugs. And we've complained to the landlord and filed
police reports. There's been two overdoses on the property that
we know about in the last two months. Finally we
contacted our local electeds, the city council woman, and within
(18:05):
a day there was like that move out in five
days sign on the door explaining that they're manufacturing drugs
and their republic and private nuisance. And now it's been
about nine days and the people are still carrying on
as usual.
Speaker 3 (18:18):
Yeah, well great, welcome to city bureaucracy. So what agency
put the move out notice was.
Speaker 10 (18:28):
That the landlord, the property owner, who's the largest property
owner in our.
Speaker 2 (18:33):
Area, you can't force him to move quicker. I mean
you could, You're gonna have to, but you're going to
have to get a judge to make that order.
Speaker 3 (18:43):
So the property owner, I would call them up and say, guys,
this is a real danger. You're on notice that this
is a danger and they're probably manufacturing drugs.
Speaker 2 (18:55):
Make sure you have that in writing, and I go and.
Speaker 3 (18:58):
And we've told you that, and you shoot a five
day and you haven't gone to enforce that whatsoever. And
if this place explodes, you're gonna get sued.
Speaker 2 (19:12):
I think that would wake them up.
Speaker 10 (19:16):
Okay, because we've kind of done that and they still
know and they're still there, then.
Speaker 3 (19:21):
You know they you don't know, by the way, if
they haven't done anything, you don't know. If they've gotten
notice of eviction, you don't know. If the police have
called the police should have arrested them.
Speaker 10 (19:30):
Well, the police chief was in the email when we
notified the local electeds notified the police chief and already
I've let the sheriff know.
Speaker 3 (19:39):
Well, Susan, if they don't want to enforce, and they're
the ones that enforce, there's nothing you can do except pressure.
Speaker 2 (19:48):
Pressure, pressure, Go to your city council person.
Speaker 3 (19:52):
Go to I would go to the local newspaper and
just as much pressure. But you cannot worse a police
agency to act faster than they want to act, or
to act at all if they don't want to act.
Speaker 10 (20:08):
So in the meantime, do I what if I don't
pay my rent? Then I'm I mean, because if we're
not living in safe conditions.
Speaker 3 (20:15):
Right, and then that's the other way, you're living in
unsafe conditions. But what's the But let me ask you this,
is it the landlord who's not acting or is it
the police authorities?
Speaker 10 (20:28):
Well, I think the police authority probably would have to
investigate to get a case going.
Speaker 2 (20:32):
Okay, so what.
Speaker 3 (20:33):
Word does the landlord do? I don't think the landlord
can throw you out five days. Maybe, I don't know
how it works. What city are you in?
Speaker 2 (20:43):
San Barbara? Okay? Yeah, I don't know.
Speaker 3 (20:45):
If you know, under you know, this would probably be
under local local ordinances, so you get to find out
what's going on. But if it's up to the city
the police authorities to act on this, the landlord, all
the landlord says, we've done every thing. You know, we
can't we can't go in there and move them out.
(21:05):
The law doesn't allow that to happen.
Speaker 10 (21:08):
So when they put the notice on their door, it
says you're a public in private nusance you're manufacturing drugs. Well,
that's evidence that the landlord knows there's dangerous activity in
that state.
Speaker 2 (21:17):
What's the way you take me? What's the landlord supposed
to do?
Speaker 3 (21:21):
Come in there with his goons and guns and get
them out.
Speaker 4 (21:24):
Well, change the lots.
Speaker 2 (21:25):
You can't do that, cannot do that, so they.
Speaker 10 (21:29):
Just have to let them continue to that.
Speaker 2 (21:32):
Or and a victim.
Speaker 10 (21:33):
Yeah, well that's the landlord. Okay, so and tell the
landlord evicts them. So they're just not taking quick enough action.
Speaker 3 (21:40):
Well, then you tell them. Then you tell the landlord,
I'm withholding rent until you do something about it, or
the conditions or what the conditions are so dangerous? Show
the landlord, I've got to go into a safe place
and you're paying for it. And the landlord says, we've
done everything. What more do you want us to do?
You don't know if the landlord hasn't already filed eviction
or give him notice to vic.
Speaker 2 (22:00):
You have no idea, so you get to find out out.
You know.
Speaker 3 (22:04):
Unfortunately, tenants rights are very strong, right. You wish you
could go in there with a shotgun, but you can't.
You know, this is when you want to have a
dog that eats people, but you can't.
Speaker 10 (22:20):
Right, So if I have a if I just don't
pay my rent, then he's going to go after me
for a not paid rent. Probably even if all of
this clearly illegal drug activity is going on.
Speaker 3 (22:28):
Probably, but he's not doing the illegal drug activity. And
let's say the landlord does everything that a landlord can
do short of breaking the law. So you're like, I
know how frustrating is. You're stuck between a rock and
a hard place. Curtis welcome to handle on the law.
Speaker 1 (22:47):
I have a home in South Wors County that we
had rented out through the property management. Another property managers
bought them out, so we ended up moving back into
our house. Inspected it a lot of stuff missing refrigerator, stove.
Speaker 3 (23:06):
What someone took out the refrigerator and stove when they moved. Yep, whoo,
that's clever. Okay, I assume you had homeowners insurance.
Speaker 1 (23:15):
No, but we had a really big deposit from them.
We had twenty thousand security deposit, and so we ended
up settling with the twenty thousand. We wouldn't take them
the court for the other stuff. So to collect the
twenty the property management took out seven percent seventeen hundred dollars,
saying this is considered income, so we're gonna charge you
(23:39):
an income fee?
Speaker 3 (23:40):
What for them to take away them taking out seventeen
hundred dollars and then for some reason, that's income to you.
Speaker 1 (23:49):
They're claiming that since they're saying that it is income,
which part of our agreement which was grandfathered in that
they get to take seven percent out.
Speaker 3 (24:02):
All right, So let's say they get to take seven
percent out. I understand that. I don't understand taking money
out somehow is attributed to you as income. That's what, right, Yeah,
I don't understand, Curtisy.
Speaker 2 (24:15):
That's just it's wrong. It's not injury.
Speaker 1 (24:18):
And so I wrote them back and said, listen, this
is stuff for damaged property. It's not income. And so
their excuse or their response was, once the security deposit
is moved into an owner operating account to just be
distributed back to you, it's considered income.
Speaker 2 (24:38):
Curtis. Curtis, that's a tax. You know, that's a tax issue.
Speaker 3 (24:42):
If I had that question, i'd call my accountant, all right, And.
Speaker 1 (24:45):
Well here's what I'm just curious on, whether like do
I take them to court? Like now they're ghost to me,
they're not returning my calls.
Speaker 3 (24:52):
Well, you're not going to take them to court for
calling it income. Have they reported that to the I
R S.
Speaker 2 (24:59):
Has there been a ten ninety nine issued it's.
Speaker 1 (25:02):
Just it's just reason.
Speaker 7 (25:03):
I'll know.
Speaker 3 (25:04):
Yeah, if they don't report it to the IRS, they
can call it whatever they want, Curtis, and it has
no effect.
Speaker 1 (25:10):
But I'm about seventeen hundred bucks.
Speaker 2 (25:12):
Well, that's a different issue.
Speaker 3 (25:13):
But if there is an agreement that says they get
seven percent under whatever circumstances, and they're arguing that they're
entitled to seven percent, you're saying no, for whatever reason
that you go that you take them to court for.
That's your right, because yeah, I understand that that's what
There's two issues there. You're conflating them, Curtis. One is
(25:34):
textable income. The other one is are the entitled to
the seven percent? The seven percent part you can sue
for in small claims court. Small claims court isn't going
to touch the is it income? Is it not income?
That's a you and the I r s.
Speaker 1 (25:47):
Right, right, I'll be I don't I want to know
how can I get my seventeen hundred bucks?
Speaker 2 (25:52):
I assume them a small claims court.
Speaker 7 (25:55):
That's it.
Speaker 2 (25:56):
That's it.
Speaker 3 (25:56):
And this is handle on the law. Is handle on
the law. Marginal legal Advice Doug, Hello, Doug.
Speaker 7 (26:07):
Yes, a credit card dead about ten thousand dollars. That
was from December twenty thirteen. I just wondered, do I
have to pay that?
Speaker 3 (26:17):
Had you made any payments on it at all since
twenty thirteen?
Speaker 2 (26:20):
No, now you don't have to pay it. Statute of
limitations is long gone.
Speaker 7 (26:25):
Well that's what I talk. But they did try to
attach by ticket accountest recently.
Speaker 3 (26:28):
No, because they have to get a judgment against you
before they can do that.
Speaker 2 (26:33):
And if they have, have they sued you.
Speaker 7 (26:35):
Doug, No, just letter, you know.
Speaker 2 (26:39):
Okay, letter means nothing.
Speaker 3 (26:40):
Now, this is the only thing that is a possibility
is they did sue you and you weren't even served.
You don't even know that you've been sued. That happens
all the time. That's fraud, by the way. Then someone's
committed fraud against you and they got a judgment against you.
Speaker 2 (26:59):
A judgment is good for ten years.
Speaker 3 (27:02):
And you can affirm reaffirm that judgment for another ten years.
So you can have a judgment against you for twenty
years and interest piles up, et cetera. But that's only
based on you being sued and a judgment goes against you.
Speaker 7 (27:18):
Oh my god. Put what you ply do is I
got a letter from the County shrifes department the same
what they're doing, they're gonna do or whatever.
Speaker 2 (27:29):
Yeah, that's probably a judgment.
Speaker 3 (27:31):
My guess is there's probably a judgment on the record,
and you get to find out what it is. You
get to pull that judgment. It's a public document, so
you get to go into the county and there's your name,
find out the credit card company versus your name. So
let's say's Bank of America versus doug and see and
(27:53):
see if there's a judgment and if the sheriff got involved.
My guess is there probably is a judgment. And if
you don't know you've been sued, it's fraud. And then
you come back and you can actually make a motion
to quash it. But now you're talking about some pretty
complicated stuff and they want what ten thousand dollars?
Speaker 7 (28:13):
Fucks me?
Speaker 3 (28:14):
Yeah, okay, Well I would call them and say, hey,
I was never served. Okay, this is fraud, and what
do you want to do about it? They may say
too bad, and then you may have to get a
lawyer to fight it. But based on what you said,
there's a judgment there. It's not just I got a
(28:36):
credit card, dat and the statute is gone. Do I
have to pay it?
Speaker 2 (28:40):
Elsie or Elise? Hello, Elise, welcome, Hello Bill.
Speaker 11 (28:44):
My credit card was stolen from my ex boyfriend, actually,
and I reported it as stolen at the time, you know,
I it's the fraud department when I got a bill. However,
I never finished the process with them and I just
left it alone. But it has gone to collections and
it's like a stain on my Okay, hang on.
Speaker 3 (29:03):
Wait, wait, wait, okay, hang on a minute. I'm a
little confused here. Credit card stolen from you? Correct?
Speaker 4 (29:10):
Correct?
Speaker 3 (29:11):
Okay, it maxed out and uh so a pile of
credit card charges that were not yours was put on.
Speaker 2 (29:19):
The card correct, correct?
Speaker 3 (29:21):
Okay, and you reported all of that and they still
put you into collections.
Speaker 4 (29:27):
Exactly. Yeah.
Speaker 11 (29:28):
They wanted me to make a police report at.
Speaker 2 (29:31):
The time, okay, and I didn't do anything.
Speaker 4 (29:33):
Why Why I was still dating the.
Speaker 5 (29:37):
Guy that Oh?
Speaker 2 (29:38):
Okay, all right, so you're an idiot. Okay, So what's
your question?
Speaker 4 (29:42):
Okay, So my question is now now later, that's I'm
looking at it on my credit report.
Speaker 11 (29:46):
Is it too late to take it to small things?
Speaker 7 (29:48):
Now?
Speaker 5 (29:49):
Yeah?
Speaker 2 (29:49):
Who are you gonna take the small claims court, it
would be him.
Speaker 3 (29:53):
Yeah, okay, And how do you prove that he didn't
have permission to use the card?
Speaker 4 (30:01):
Oh?
Speaker 2 (30:01):
Wow, okay, because here's the question. Here's the question.
Speaker 3 (30:05):
Hey, alas you were you knew the card was bad,
and you you knew he was using the card, and
you didn't put a police report, You didn't say anything
to anybody you were dating him, you kept on dating him.
Well he was doing that, Yeah, you're screwed. How much
money did he spend?
Speaker 2 (30:23):
It was like, yeah, there it was worth? How okay?
How good a roll.
Speaker 7 (30:28):
In the hay was it?
Speaker 2 (30:30):
Yeah? How good? How good was he sexually?
Speaker 3 (30:33):
Maybe maybe there's that's probably what Yeah, okay, Well if
he's great, and then maybe it's worth Maybe it's worth
four thousand dollars. You know, I mean there are plenty
of people go yeah, you know, I'll take it.
Speaker 2 (30:44):
You know, I mean that she's that good, I'll take
it for four grand.
Speaker 3 (30:48):
All right, before we take our break, I want to
talk about people hurting.
Speaker 2 (30:52):
I'm gonna talk about you hurting.
Speaker 3 (30:54):
Chronic pain, which is there all of the time, and
if you have to live in chronic pain or you
know someone who does, I'm going to suggest you listen
to the Pain Game podcasts. And this is about people
who have lived do live with pain. And the host
of the show, Lindsey why happened to be married to
(31:16):
she suffers from chronic pain twenty four to seven, and
even people who don't have it and live with someone
who does. It's worth listening to the Pain Game podcast
because every episode ends with a message of hope and
the premise is, and I know this is counterintuitive, you'll
understand that the show is about giving pain purpose. She
(31:37):
started the show to help other people and then helps herself.
And chronic pain is so bad that the number of
people who kill themselves because of chronic pain is astronomical.
Speaker 2 (31:50):
So this is the.
Speaker 3 (31:51):
Pain Game podcast hosted by Lindsey. Season three is wrapping
up soon. The next episode is about turning Trump into
triumph because pain also comes from trauma, and so it's
turning trauma into triumph with San Diego attorney Alreen Hayquist
twenty three years experience fighting for women in this case
(32:14):
who have endured sexual abuse and harassment discrimination, and she's
recovered millions of dollars for her clients along the way,
including taking on President Trump and successfully getting victims a
chunk of money from Trump University. You remember that story,
so listen to the show wherever you listen to podcasts,
(32:34):
The Pain Game Podcast. You can follow on social at
the Pain Game Podcast and the podcast is The.
Speaker 2 (32:42):
Pain Game Podcast. This is Handle on the Law. You've
been listening to the Bill Handle Show.
Speaker 3 (32:50):
Catch my show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app
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