October 25, 2025 • 32 mins
Handel on the Law. Marginal legal Replay.
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Speaker 1 (00:01):
You're listening to Bill Handle on Demand from KFI AM
six forty. This is Handle on the law, marginal legal advice.
Speaker 2 (00:12):
If I tell you 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 this idea that illegal immigration is
a priority in which the government must deal with, and
(00:36):
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 target of immigration raids almost more
(00:59):
so than any other city. The big wins a 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 immigration rates, and what it does
is allow the Board of Supervisors to provide rent relief
(01:20):
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 be available via an online portal
(01:44):
that's going to be launched within two months. This according
to one of the supervisor, Lindsay Horsfath, and the motion
is also and this will happen.
Speaker 1 (01:53):
I'm convinced of that.
Speaker 2 (01:54):
It'll be a first step towards the eviction moratorium, much
like it was in COVID, where 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
(02:16):
over a year in which tenants did not have to
pay rent, however they owed the rent at the end
of the lifting of 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
(02:39):
to pay, and how many landlords are going to get
stuck big time. That's exactly what the landlords are saying
about this. Okay, time for phone calls. Barbara, Hello, Barbara, Hi,
how are you?
Speaker 1 (02:55):
Yes, ma'am? What can I do for you?
Speaker 3 (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 2 (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 1 (03:44):
Barbara?
Speaker 3 (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 it over
to a broker, and she said, no, don't do that,
I'll buy it. So she bought the cars for forty
(04:07):
thousand dollars, and the wife signed the bill of sale
with my father's signature.
Speaker 1 (04:13):
Okay, all right, that's okay.
Speaker 2 (04:15):
So that's that's a forgery, and you and it happened
after he died, correct, that's when the bill of sale
was signed.
Speaker 1 (04:23):
Yes, okay, so that's easy.
Speaker 2 (04:24):
You know, dead people have a very difficult time signing document,
so that one's easy to unravel.
Speaker 1 (04:29):
Now let's talk about the property.
Speaker 2 (04:32):
How does your step mom sell a piece of property
that she doesn't own.
Speaker 3 (04:39):
That's right, it's listed particularly in just my father has
it owned a soul and separate.
Speaker 1 (04:47):
Then she can't touch it, Barbara, she can't touch it.
Speaker 2 (04:50):
She can forge all the wills she wants, but approbate
has to be opened.
Speaker 1 (04:56):
She can't just turn around and sell it.
Speaker 2 (04:59):
The will And if she has a will that has
been signed.
Speaker 3 (05:04):
No, there's no there's no will. It was forged and
there's no witness.
Speaker 2 (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.
Speaker 1 (05:35):
Have a copy of that document?
Speaker 2 (05:38):
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 no will. Right then it's that's going to
go by way of intestacy. And what's going to happen is, uh,
(05:59):
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.
Speaker 1 (06:06):
The other half.
Speaker 4 (06:08):
Okay.
Speaker 3 (06:08):
My question is I would like to remover from the
property and become the personal representative before she.
Speaker 2 (06:16):
Makes 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 3 (06:48):
What I'm calling for is to determine whether or not
I should file as the personal representative and have documents.
Speaker 1 (06:57):
You have to open a probate. You've got to open
a probate.
Speaker 2 (07:00):
Except I got news for you. Probably stepmom is going
to get it, Okay. Yeah, the courts normally go to
the spouses. But if you but if you could establish
the forgery and she was part of it, the court
will not let her touch it, thank you.
Speaker 1 (07:16):
Yeah, doesn't mean she's not.
Speaker 2 (07:17):
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 1 (07:35):
So there you go. That's the answer. This is Handle
on the Law.
Speaker 2 (07:42):
Welcome back, Handle on the Law, Marginal Legal Advice, James, Hello, James,
Welcome to Handle on the Law.
Speaker 5 (07:52):
Oh he broke it. Let me pull over a rookie
on party right now.
Speaker 3 (07:54):
I'm sorry.
Speaker 1 (07:55):
Oh no, no, stay, no, stay on the phone. Put it
next to your ear.
Speaker 2 (07:58):
When a cop stops you and gives you a t
for driving out with the thing, you're just say hey,
I'm listening to handle and he said it's fine.
Speaker 5 (08:05):
I just turn 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 is going to chiropractor. Now the guy had
no insurance, but he has assets. Is there any way?
Speaker 1 (08:35):
Yeah, yeah, here's what you have to do.
Speaker 2 (08:37):
Insurance companies obviously are a whole lot easier to deal
with because for obvious reasons. So here is your next step.
You gotta sue him, James, You have to sue him.
It's the only way you're gonna 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.
Speaker 1 (08:55):
I don't think a lawyer is going to get involved
because there is.
Speaker 2 (08:58):
An insurance on the other side and the damages aren't
big enough.
Speaker 1 (09:03):
Now, you know, if your daughters had lost their heads.
Speaker 2 (09:05):
Or you know, arms were flying around, you're gonna get
a lawyer.
Speaker 6 (09:09):
First.
Speaker 2 (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.
Speaker 5 (09:20):
Small wife and daughter.
Speaker 2 (09:23):
Okay, each of them have a lawsuit in small claims
court for any injury they've sustained.
Speaker 1 (09:29):
You have a lawsuit for damage to the car.
Speaker 2 (09:32):
So yeah, and then you're gonna get a judgment on
your hands and then you go collect it.
Speaker 1 (09:36):
You're not gonna be able to foreclose. They don't let
you do that for clothes on a lian.
Speaker 2 (09:40):
You can file a lean, but you're not gonna be
able to foreclose 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 5 (09:51):
Yeah, it got total loss. They paid it off and
I got it little check you off whatever I paid
on it.
Speaker 2 (09:57):
Okay, So you have that, and so your car 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 1 (10:08):
I don't know.
Speaker 2 (10:08):
You know, soft tissue, it happens, you know, Do you
want to file lawsuit for that?
Speaker 7 (10:15):
Yeah?
Speaker 5 (10:16):
I want to.
Speaker 2 (10:16):
Guy.
Speaker 5 (10:17):
You know those type of consequence you know, it's like.
Speaker 1 (10:19):
Now I understand that, all right? Then then you go
to court.
Speaker 2 (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
sew at small claims court and you show your medical damages.
Small claims judges may say, hey, James, this is chiropractor, this.
Speaker 1 (10:44):
Is soft tissue. I'm not going to give you any
money or give you a little bit. That's the risk
you take.
Speaker 2 (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.
Speaker 1 (10:56):
Okay, I mean, if if.
Speaker 2 (10:58):
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 5 (11:06):
That's just what you try to think off and everything
and the cups still up and everything.
Speaker 1 (11:10):
Okay, all right, all right, then you know what, Then
spend the time.
Speaker 2 (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 1 (11:39):
Subpoena the chiropractor.
Speaker 2 (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 1 (11:46):
I'm telling you it's not a small deal.
Speaker 2 (11:48):
But if if you're willing to do that, then you
knock your socks off.
Speaker 1 (11:52):
I just give it up. But you know that's me. Jeff, Hello, Jeff, welcome.
Speaker 8 (12:00):
Hey Bill. A couple of months back, my wife and
I we were on her honeymoon, had a friend of
mine was walking our dog, my wife's dog, and the
neighborhood dog got out and basically molled my dog or
her dog. Fast forward fifty eight hundred dollars later at
the veterinarian. My dog is doing better. But the lady
(12:22):
now she just 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 round cases do
I have? How can I go against her?
Speaker 1 (12:35):
The sewer?
Speaker 8 (12:37):
Okay, I have a police report and.
Speaker 2 (12:38):
It is okay, you bring that party, You bring that
to court with you. You sewer for fifty.
Speaker 3 (12:45):
Okay?
Speaker 5 (12:46):
Cool?
Speaker 8 (12:47):
Now, okay, if I get a judgment, what's to say
that she's gonna pay me?
Speaker 1 (12:50):
Well, then you got to chase after her. Then you
have to.
Speaker 2 (12:54):
Chase you Then you have to then you have to
chase after her and try to collect the money.
Speaker 1 (12:58):
You're looking for bank accounts. You want to report her.
Speaker 2 (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 1 (13:10):
Go, hey, it's no, two hundred bucks a month is
not going to happen.
Speaker 2 (13:13):
Make it four hundred dollars a month or whatever is
gonna work for you.
Speaker 1 (13:17):
I mean, you can't demand money that she doesn't have.
Speaker 8 (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 thousand dollars
a month whatever. But no, she's like, no, I'll give
you two hundred I'm gonna take.
Speaker 2 (13:31):
Then you say, I'm taking you to court and I'm
gonna get a judgment for the full.
Speaker 1 (13:33):
Amount, okay, And then you're gonna have.
Speaker 2 (13:37):
To worry about how to come up with fifty eight
hundred dollars because I have the ability to collect. Does
she work, Yes, she works, even garnish wages, and you
tell her I can garnish your wages.
Speaker 7 (13:47):
Yeah.
Speaker 8 (13:48):
And here she's throwing the single mother it doesn't matter.
Speaker 1 (13:51):
No one cares. I know, I agree, nobody cares.
Speaker 2 (13:55):
A Cory doesn't care, you know, single mother with a
with a pit bull that eats.
Speaker 1 (13:58):
People, correct, Yeah, okay, Yeah.
Speaker 2 (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 8 (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. By the way,
you can't get home insurance if you have a pit
bull or a Rottweiler.
Speaker 1 (14:27):
They won't let you do it because those dogs are
so dangerous.
Speaker 2 (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 6 (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. She had a
trust My brother is the trustee. A lot of issues
(15:24):
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 1 (15:34):
Okay, that's three years.
Speaker 6 (15:36):
Three years.
Speaker 1 (15:36):
Oh yeah, the same, the same thing, lawyer letter.
Speaker 2 (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 of the trust he refuses to distribute. You
(16:02):
tell them, Okay, 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 1 (16:20):
Okay.
Speaker 6 (16:21):
So what you're suggesting them that I have a lawyer, Yeah.
Speaker 1 (16:23):
Just write a lawyer letter. Yep, yep, yep. And are
there other are there Robin or their other beneficiaries?
Speaker 2 (16:30):
Yeah? And they haven't gotten the money either, No, they
haven't gotten an accounting. How many beneficiaries are.
Speaker 6 (16:36):
There, 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.
Speaker 1 (16:45):
All right.
Speaker 2 (16:45):
So let's say you get a lawyer six hundred bucks
an hour. 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 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
(17:06):
no longer going to be the trustee because immediately 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 1 (17:17):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six forty.
Speaker 2 (17:26):
This is handle on the Law, marginal legal advice where
I tell you have absolutely no case.
Speaker 1 (17:37):
All right, Susan, Hi, Susan, welcome to Handle.
Speaker 4 (17:40):
On the law.
Speaker 7 (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 1 (18:18):
Yeah, well great, welcome to city bureaucracy.
Speaker 2 (18:23):
So what agency put the move out notice was.
Speaker 7 (18:28):
That the landlord, the property owner, who's the largest property
owner in our.
Speaker 2 (18:33):
Area on its own, you can't force him to move quicker.
I mean you could, you're gonna have to, but you're
gonna have to.
Speaker 1 (18:41):
Get a judge to make that order.
Speaker 2 (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 1 (18:55):
Make sure you have that in writing, and I go and.
Speaker 2 (18:57):
We 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 1 (19:12):
I think that would wake them up, okay.
Speaker 7 (19:16):
Because we've kind of done that and they still know
and they're still.
Speaker 2 (19:20):
There, then 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 7 (19:30):
Well, the police chief was in the email when we
notified the local electeds notified the police chief, and I've
let the sheriffs.
Speaker 1 (19:39):
Know well, Susan.
Speaker 2 (19:40):
If they don't want to enforce, and they're the ones
that enforce, there's nothing you can do except pressure. Pressure, pressure,
Go to your city council person, go to I would
go to the local newspaper and just as much pressure.
But you cannot worse a police agency to act faster
(20:03):
than they want to act, or to act at all
if they don't want to act.
Speaker 7 (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 2 (20:15):
Right, and then that's the other art 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 7 (20:28):
Well, I think the police authority probably would have to
investigate to get a case going.
Speaker 2 (20:32):
Okay, so where 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 7 (20:43):
Santa Barbara?
Speaker 1 (20:44):
Okay, yeah, I don't know.
Speaker 2 (20:45):
If you know, under you know, this would probably be
under local local ordinances.
Speaker 1 (20:51):
So you get to find out what's going on.
Speaker 2 (20:53):
But if it's up to the city the police authorities
to act on this, the landlord. All the landlord says
that we've done every thing. You know, we can't we
can't go in there and move them out. The law
doesn't allow that to happen.
Speaker 7 (21:08):
So when they put the notice on their door, it
says you're a public in private nuisance, you're manufacturing drugs.
That's evidence that the landlord knows there's dangerous activity in what.
Speaker 1 (21:17):
That's the way you take.
Speaker 4 (21:18):
That's me.
Speaker 1 (21:18):
What's the landlord supposed to do?
Speaker 2 (21:21):
Come in there with his goons and guns and get
them out?
Speaker 7 (21:24):
Well, change the lots.
Speaker 1 (21:25):
You can't do that, cannot do that, so they.
Speaker 7 (21:29):
Just have to let them continue to do that.
Speaker 1 (21:32):
Or and a victim, Yeah.
Speaker 7 (21:34):
Well that's the landlord. Okay, so and tell the landlord
evicts them. So they're just not taking quick enough action.
Speaker 1 (21:40):
Well then you tell them.
Speaker 2 (21:41):
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.
You have no idea, So you get to find that out,
(22:04):
you know. Unfortunately, tenant's rights are very strong. No guy,
you wish you could go in there with a shotgun.
Speaker 1 (22:13):
But you can't. You know, this is what You might
have a dog that eats people, but you can't.
Speaker 7 (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 2 (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 9 (22:47):
I have a home in Southwers County that we had
rented out through a property management. Another property management bought
them out, so we ended up moving back into our house,
inspected it a lot of stuff, missing refrigerator, stove.
Speaker 2 (23:06):
What someone took out the refrigerator and stove when they
moved yep oooh that's clever.
Speaker 1 (23:12):
Okay, I assume you had homeowners insurance.
Speaker 9 (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
to 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 2 (23:40):
What for them taking them taking out seventeen hundred dollars
and then for some reason that's income to you.
Speaker 9 (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 2 (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
I Yeah, I don't understand, Curtisy. That's just it's wrong.
It's not injury.
Speaker 9 (24:18):
And so I wrote them back and said, listen, this
is stuff for damage property.
Speaker 5 (24:24):
It's not income.
Speaker 9 (24:25):
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.
Speaker 1 (24:37):
Income, right, Churtis.
Speaker 2 (24:38):
Curtis, that's a tax. That's a tax issue. If I
had that question, i'd call my accountant, all right, And.
Speaker 9 (24:45):
Well, here's what I'm just curious on, whether, like do
I take them the court, Like now they're ghost to me,
they're not returning my calls.
Speaker 2 (24:52):
Well, you're not going to take them to court for
calling it income. Have they reported that to.
Speaker 1 (24:56):
The I R S? Has there been a ten ninety
nine issued?
Speaker 9 (25:01):
It's just it's just reason I'll know the Yeah, if
they don't.
Speaker 1 (25:04):
Report it to the IRS.
Speaker 2 (25:06):
They can call it whatever they want, Curtis, and it
has no effect.
Speaker 9 (25:10):
But I'm about seventeen hundred bucks.
Speaker 1 (25:12):
Well, that's a different issue.
Speaker 2 (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 here 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?
Speaker 1 (25:45):
That's a you and the I R s right, right, I'll.
Speaker 9 (25:48):
Be I don't I want to know how can I
get my seventeen hundred bucks.
Speaker 1 (25:52):
I assume them assume a small claims court.
Speaker 4 (25:55):
That's it.
Speaker 1 (25:56):
That's it. And this is handle on the law. Is
handle on the law. Marginal legal advice. Doug, Hello, Doug, Yes.
Speaker 4 (26:08):
I have a credit card dead about ten thousand dollars
that was from December twenty thirteen. I just wondered, do
I have to pay that?
Speaker 2 (26:17):
Had you made any payments on it at all since
twenty thirteen?
Speaker 1 (26:20):
No, now you don't have to pay it. Statute of
limitations is long gone.
Speaker 4 (26:25):
Well that's why somebody they did try to test by
ticket accountest recently.
Speaker 2 (26:28):
No, because they have to get a judgment against you
before they can do that, and if they have, they.
Speaker 1 (26:35):
Sued you, Doug.
Speaker 4 (26:37):
No, just letter, you know.
Speaker 1 (26:39):
Okay, letter means nothing.
Speaker 2 (26:40):
Now, this is the only thing that is possibility is
they did sue you.
Speaker 1 (26:46):
And you weren't even served. You don't even know.
Speaker 2 (26:50):
That you've been sued. That happens all the time. That's fraud.
Speaker 1 (26:53):
By the way.
Speaker 2 (26:54):
Then someone's committed fraud against you and they got a
judgment against you.
Speaker 1 (26:59):
A judgment is good for ten years.
Speaker 2 (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 4 (27:18):
So, my god, it probably what probably does I got
a letter from the County Shriff's Department the same what
they're doing, they're gonna do or whatever.
Speaker 1 (27:29):
Yeah, that's probably a judgment.
Speaker 2 (27:31):
My guess is there's probably a judgment on the record,
and you get to find out what it is.
Speaker 1 (27:37):
You get to pull that judgment.
Speaker 2 (27:38):
It's a public document, so you get to go into
the county and there's your name.
Speaker 1 (27:44):
Find out the credit card company versus your name.
Speaker 2 (27:46):
So let's say it's Bank of America versus Doug and
see and 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 you've been sued. It's fraud.
Speaker 1 (28:02):
And then you.
Speaker 2 (28:04):
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 talks? Yeah, okay,
Well I would call them and say, hey, I was
never served. Okay, this is fraud, and what do you
(28:25):
want to do about They may say too bad, and
then you may have to get a lawyer to fight it.
Speaker 1 (28:31):
But based on what you said, there's a judgment there.
Speaker 2 (28:34):
It's not just I got a credit card DAT and
the statute is gone.
Speaker 1 (28:38):
Do I have to pay it?
Speaker 2 (28:40):
Elsie or Elise, Hello, Elise, welcome, Hello Bill.
Speaker 10 (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.
Speaker 2 (29:03):
On, wait, wait, wait, okay, hang on a minute. I'm
a little confused here. Credit card stolen from you?
Speaker 1 (29:08):
Correct?
Speaker 3 (29:10):
Correct?
Speaker 2 (29:10):
Okay, it maxed out and uh so a pile of
credit card charges that were not yours was put on.
Speaker 1 (29:19):
The card correct, correct?
Speaker 2 (29:21):
Okay, And you reported all of that and they still
put you into collections exactly. Yeah.
Speaker 3 (29:28):
They wanted me to make a police report at the.
Speaker 1 (29:32):
Time, okay, and I didn't do anything.
Speaker 10 (29:33):
Why just why I was still dating the.
Speaker 1 (29:37):
Guy that oh okay, all right, so you're an idiot. Okay,
So what's your question?
Speaker 3 (29:42):
Okay, So my question is now now later that's I'm
looking at it on my credit report?
Speaker 10 (29:46):
Is it to take it to small things?
Speaker 3 (29:48):
Now?
Speaker 1 (29:49):
Yeah? Who are you gonna take a small claims court?
Speaker 3 (29:52):
It would be him?
Speaker 2 (29:53):
Yeah, okay, And how do you prove that he didn't
have permission to use the card.
Speaker 1 (30:01):
Oh wow, okay, because here's the question. Here's the question.
Speaker 2 (30:05):
Hey, h Alice, 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.
Speaker 1 (30:15):
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 10 (30:23):
Its?
Speaker 6 (30:25):
Yeah?
Speaker 1 (30:25):
There it was worth? How okay? How good a role
in the hey was it? Yeah? How good? How good
was he sexually? Maybe?
Speaker 4 (30:34):
Maybe there?
Speaker 2 (30:34):
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 going, yeah,
you know, I'll take it. You know, I mean that
she's that good, I'll take it for fort rand. All right,
before we take our break, I want to talk about
people hurting. I'm gonna talk about you hurting chronic pain,
(30:56):
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 she suffers from
(31:17):
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.
Speaker 1 (31:37):
She started the.
Speaker 2 (31:38):
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. So
this is the Pain Game Podcast hosted by Lindsey.
Speaker 1 (31:55):
Season three is wrapping up soon.
Speaker 2 (31:57):
The next episode is about turning trauma 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 who have
endured sexual abuse and harassment discrimination, and she's recovered millions
(32:19):
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.
Speaker 1 (32:34):
The Pain Game Podcast.
Speaker 2 (32:36):
You can follow on social at the Pain Game Podcast
and the podcast is The Pain Game Podcast.
Speaker 1 (32:45):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (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. This is Handle on the law, marginal legal advice.
Speaker 2 (00:12):
If I tell you 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 this idea that illegal immigration is
a priority in which the government must deal with, and
(00:36):
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 target of immigration raids almost more
(00:59):
so than any other city. The big wins a 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 immigration rates, and what it does
is allow the Board of Supervisors to provide rent relief
(01:20):
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 be available via an online portal
(01:44):
that's going to be launched within two months. This according
to one of the supervisor, Lindsay Horsfath, and the motion
is also and this will happen.
Speaker 1 (01:53):
I'm convinced of that.
Speaker 2 (01:54):
It'll be a first step towards the eviction moratorium, much
like it was in COVID, where 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
(02:16):
over a year in which tenants did not have to
pay rent, however they owed the rent at the end
of the lifting of 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
(02:39):
to pay, and how many landlords are going to get
stuck big time. That's exactly what the landlords are saying
about this. Okay, time for phone calls. Barbara, Hello, Barbara, Hi,
how are you?
Speaker 1 (02:55):
Yes, ma'am? What can I do for you?
Speaker 3 (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 2 (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 1 (03:44):
Barbara?
Speaker 3 (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 it over
to a broker, and she said, no, don't do that,
I'll buy it. So she bought the cars for forty
(04:07):
thousand dollars, and the wife signed the bill of sale
with my father's signature.
Speaker 1 (04:13):
Okay, all right, that's okay.
Speaker 2 (04:15):
So that's that's a forgery, and you and it happened
after he died, correct, that's when the bill of sale
was signed.
Speaker 1 (04:23):
Yes, okay, so that's easy.
Speaker 2 (04:24):
You know, dead people have a very difficult time signing document,
so that one's easy to unravel.
Speaker 1 (04:29):
Now let's talk about the property.
Speaker 2 (04:32):
How does your step mom sell a piece of property
that she doesn't own.
Speaker 3 (04:39):
That's right, it's listed particularly in just my father has
it owned a soul and separate.
Speaker 1 (04:47):
Then she can't touch it, Barbara, she can't touch it.
Speaker 2 (04:50):
She can forge all the wills she wants, but approbate
has to be opened.
Speaker 1 (04:56):
She can't just turn around and sell it.
Speaker 2 (04:59):
The will And if she has a will that has
been signed.
Speaker 3 (05:04):
No, there's no there's no will. It was forged and
there's no witness.
Speaker 2 (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.
Speaker 1 (05:35):
Have a copy of that document?
Speaker 2 (05:38):
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 no will. Right then it's that's going to
go by way of intestacy. And what's going to happen is, uh,
(05:59):
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.
Speaker 1 (06:06):
The other half.
Speaker 4 (06:08):
Okay.
Speaker 3 (06:08):
My question is I would like to remover from the
property and become the personal representative before she.
Speaker 2 (06:16):
Makes 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 3 (06:48):
What I'm calling for is to determine whether or not
I should file as the personal representative and have documents.
Speaker 1 (06:57):
You have to open a probate. You've got to open
a probate.
Speaker 2 (07:00):
Except I got news for you. Probably stepmom is going
to get it, Okay. Yeah, the courts normally go to
the spouses. But if you but if you could establish
the forgery and she was part of it, the court
will not let her touch it, thank you.
Speaker 1 (07:16):
Yeah, doesn't mean she's not.
Speaker 2 (07:17):
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 1 (07:35):
So there you go. That's the answer. This is Handle
on the Law.
Speaker 2 (07:42):
Welcome back, Handle on the Law, Marginal Legal Advice, James, Hello, James,
Welcome to Handle on the Law.
Speaker 5 (07:52):
Oh he broke it. Let me pull over a rookie
on party right now.
Speaker 3 (07:54):
I'm sorry.
Speaker 1 (07:55):
Oh no, no, stay, no, stay on the phone. Put it
next to your ear.
Speaker 2 (07:58):
When a cop stops you and gives you a t
for driving out with the thing, you're just say hey,
I'm listening to handle and he said it's fine.
Speaker 5 (08:05):
I just turn 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 is going to chiropractor. Now the guy had
no insurance, but he has assets. Is there any way?
Speaker 1 (08:35):
Yeah, yeah, here's what you have to do.
Speaker 2 (08:37):
Insurance companies obviously are a whole lot easier to deal
with because for obvious reasons. So here is your next step.
You gotta sue him, James, You have to sue him.
It's the only way you're gonna 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.
Speaker 1 (08:55):
I don't think a lawyer is going to get involved
because there is.
Speaker 2 (08:58):
An insurance on the other side and the damages aren't
big enough.
Speaker 1 (09:03):
Now, you know, if your daughters had lost their heads.
Speaker 2 (09:05):
Or you know, arms were flying around, you're gonna get
a lawyer.
Speaker 6 (09:09):
First.
Speaker 2 (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.
Speaker 5 (09:20):
Small wife and daughter.
Speaker 2 (09:23):
Okay, each of them have a lawsuit in small claims
court for any injury they've sustained.
Speaker 1 (09:29):
You have a lawsuit for damage to the car.
Speaker 2 (09:32):
So yeah, and then you're gonna get a judgment on
your hands and then you go collect it.
Speaker 1 (09:36):
You're not gonna be able to foreclose. They don't let
you do that for clothes on a lian.
Speaker 2 (09:40):
You can file a lean, but you're not gonna be
able to foreclose 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 5 (09:51):
Yeah, it got total loss. They paid it off and
I got it little check you off whatever I paid
on it.
Speaker 2 (09:57):
Okay, So you have that, and so your car 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 1 (10:08):
I don't know.
Speaker 2 (10:08):
You know, soft tissue, it happens, you know, Do you
want to file lawsuit for that?
Speaker 7 (10:15):
Yeah?
Speaker 5 (10:16):
I want to.
Speaker 2 (10:16):
Guy.
Speaker 5 (10:17):
You know those type of consequence you know, it's like.
Speaker 1 (10:19):
Now I understand that, all right? Then then you go
to court.
Speaker 2 (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
sew at small claims court and you show your medical damages.
Small claims judges may say, hey, James, this is chiropractor, this.
Speaker 1 (10:44):
Is soft tissue. I'm not going to give you any
money or give you a little bit. That's the risk
you take.
Speaker 2 (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.
Speaker 1 (10:56):
Okay, I mean, if if.
Speaker 2 (10:58):
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 5 (11:06):
That's just what you try to think off and everything
and the cups still up and everything.
Speaker 1 (11:10):
Okay, all right, all right, then you know what, Then
spend the time.
Speaker 2 (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 1 (11:39):
Subpoena the chiropractor.
Speaker 2 (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 1 (11:46):
I'm telling you it's not a small deal.
Speaker 2 (11:48):
But if if you're willing to do that, then you
knock your socks off.
Speaker 1 (11:52):
I just give it up. But you know that's me. Jeff, Hello, Jeff, welcome.
Speaker 8 (12:00):
Hey Bill. A couple of months back, my wife and
I we were on her honeymoon, had a friend of
mine was walking our dog, my wife's dog, and the
neighborhood dog got out and basically molled my dog or
her dog. Fast forward fifty eight hundred dollars later at
the veterinarian. My dog is doing better. But the lady
(12:22):
now she just 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 round cases do
I have? How can I go against her?
Speaker 1 (12:35):
The sewer?
Speaker 8 (12:37):
Okay, I have a police report and.
Speaker 2 (12:38):
It is okay, you bring that party, You bring that
to court with you. You sewer for fifty.
Speaker 3 (12:45):
Okay?
Speaker 5 (12:46):
Cool?
Speaker 8 (12:47):
Now, okay, if I get a judgment, what's to say
that she's gonna pay me?
Speaker 1 (12:50):
Well, then you got to chase after her. Then you
have to.
Speaker 2 (12:54):
Chase you Then you have to then you have to
chase after her and try to collect the money.
Speaker 1 (12:58):
You're looking for bank accounts. You want to report her.
Speaker 2 (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 1 (13:10):
Go, hey, it's no, two hundred bucks a month is
not going to happen.
Speaker 2 (13:13):
Make it four hundred dollars a month or whatever is
gonna work for you.
Speaker 1 (13:17):
I mean, you can't demand money that she doesn't have.
Speaker 8 (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 thousand dollars
a month whatever. But no, she's like, no, I'll give
you two hundred I'm gonna take.
Speaker 2 (13:31):
Then you say, I'm taking you to court and I'm
gonna get a judgment for the full.
Speaker 1 (13:33):
Amount, okay, And then you're gonna have.
Speaker 2 (13:37):
To worry about how to come up with fifty eight
hundred dollars because I have the ability to collect. Does
she work, Yes, she works, even garnish wages, and you
tell her I can garnish your wages.
Speaker 7 (13:47):
Yeah.
Speaker 8 (13:48):
And here she's throwing the single mother it doesn't matter.
Speaker 1 (13:51):
No one cares. I know, I agree, nobody cares.
Speaker 2 (13:55):
A Cory doesn't care, you know, single mother with a
with a pit bull that eats.
Speaker 1 (13:58):
People, correct, Yeah, okay, Yeah.
Speaker 2 (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 8 (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. By the way,
you can't get home insurance if you have a pit
bull or a Rottweiler.
Speaker 1 (14:27):
They won't let you do it because those dogs are
so dangerous.
Speaker 2 (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 6 (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. She had a
trust My brother is the trustee. A lot of issues
(15:24):
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 1 (15:34):
Okay, that's three years.
Speaker 6 (15:36):
Three years.
Speaker 1 (15:36):
Oh yeah, the same, the same thing, lawyer letter.
Speaker 2 (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 of the trust he refuses to distribute. You
(16:02):
tell them, Okay, 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 1 (16:20):
Okay.
Speaker 6 (16:21):
So what you're suggesting them that I have a lawyer, Yeah.
Speaker 1 (16:23):
Just write a lawyer letter. Yep, yep, yep. And are
there other are there Robin or their other beneficiaries?
Speaker 2 (16:30):
Yeah? And they haven't gotten the money either, No, they
haven't gotten an accounting. How many beneficiaries are.
Speaker 6 (16:36):
There, 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.
Speaker 1 (16:45):
All right.
Speaker 2 (16:45):
So let's say you get a lawyer six hundred bucks
an hour. 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 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
(17:06):
no longer going to be the trustee because immediately 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 1 (17:17):
This is Handle on the Law. You're listening to Bill
Handle on demand from KFI AM six forty.
Speaker 2 (17:26):
This is handle on the Law, marginal legal advice where
I tell you have absolutely no case.
Speaker 1 (17:37):
All right, Susan, Hi, Susan, welcome to Handle.
Speaker 4 (17:40):
On the law.
Speaker 7 (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 1 (18:18):
Yeah, well great, welcome to city bureaucracy.
Speaker 2 (18:23):
So what agency put the move out notice was.
Speaker 7 (18:28):
That the landlord, the property owner, who's the largest property
owner in our.
Speaker 2 (18:33):
Area on its own, you can't force him to move quicker.
I mean you could, you're gonna have to, but you're
gonna have to.
Speaker 1 (18:41):
Get a judge to make that order.
Speaker 2 (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 1 (18:55):
Make sure you have that in writing, and I go and.
Speaker 2 (18:57):
We 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 1 (19:12):
I think that would wake them up, okay.
Speaker 7 (19:16):
Because we've kind of done that and they still know
and they're still.
Speaker 2 (19:20):
There, then 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 7 (19:30):
Well, the police chief was in the email when we
notified the local electeds notified the police chief, and I've
let the sheriffs.
Speaker 1 (19:39):
Know well, Susan.
Speaker 2 (19:40):
If they don't want to enforce, and they're the ones
that enforce, there's nothing you can do except pressure. Pressure, pressure,
Go to your city council person, go to I would
go to the local newspaper and just as much pressure.
But you cannot worse a police agency to act faster
(20:03):
than they want to act, or to act at all
if they don't want to act.
Speaker 7 (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 2 (20:15):
Right, and then that's the other art 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 7 (20:28):
Well, I think the police authority probably would have to
investigate to get a case going.
Speaker 2 (20:32):
Okay, so where 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 7 (20:43):
Santa Barbara?
Speaker 1 (20:44):
Okay, yeah, I don't know.
Speaker 2 (20:45):
If you know, under you know, this would probably be
under local local ordinances.
Speaker 1 (20:51):
So you get to find out what's going on.
Speaker 2 (20:53):
But if it's up to the city the police authorities
to act on this, the landlord. All the landlord says
that we've done every thing. You know, we can't we
can't go in there and move them out. The law
doesn't allow that to happen.
Speaker 7 (21:08):
So when they put the notice on their door, it
says you're a public in private nuisance, you're manufacturing drugs.
That's evidence that the landlord knows there's dangerous activity in what.
Speaker 1 (21:17):
That's the way you take.
Speaker 4 (21:18):
That's me.
Speaker 1 (21:18):
What's the landlord supposed to do?
Speaker 2 (21:21):
Come in there with his goons and guns and get
them out?
Speaker 7 (21:24):
Well, change the lots.
Speaker 1 (21:25):
You can't do that, cannot do that, so they.
Speaker 7 (21:29):
Just have to let them continue to do that.
Speaker 1 (21:32):
Or and a victim, Yeah.
Speaker 7 (21:34):
Well that's the landlord. Okay, so and tell the landlord
evicts them. So they're just not taking quick enough action.
Speaker 1 (21:40):
Well then you tell them.
Speaker 2 (21:41):
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.
You have no idea, So you get to find that out,
(22:04):
you know. Unfortunately, tenant's rights are very strong. No guy,
you wish you could go in there with a shotgun.
Speaker 1 (22:13):
But you can't. You know, this is what You might
have a dog that eats people, but you can't.
Speaker 7 (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 2 (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 9 (22:47):
I have a home in Southwers County that we had
rented out through a property management. Another property management bought
them out, so we ended up moving back into our house,
inspected it a lot of stuff, missing refrigerator, stove.
Speaker 2 (23:06):
What someone took out the refrigerator and stove when they
moved yep oooh that's clever.
Speaker 1 (23:12):
Okay, I assume you had homeowners insurance.
Speaker 9 (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
to 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 2 (23:40):
What for them taking them taking out seventeen hundred dollars
and then for some reason that's income to you.
Speaker 9 (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 2 (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
I Yeah, I don't understand, Curtisy. That's just it's wrong.
It's not injury.
Speaker 9 (24:18):
And so I wrote them back and said, listen, this
is stuff for damage property.
Speaker 5 (24:24):
It's not income.
Speaker 9 (24:25):
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.
Speaker 1 (24:37):
Income, right, Churtis.
Speaker 2 (24:38):
Curtis, that's a tax. That's a tax issue. If I
had that question, i'd call my accountant, all right, And.
Speaker 9 (24:45):
Well, here's what I'm just curious on, whether, like do
I take them the court, Like now they're ghost to me,
they're not returning my calls.
Speaker 2 (24:52):
Well, you're not going to take them to court for
calling it income. Have they reported that to.
Speaker 1 (24:56):
The I R S? Has there been a ten ninety
nine issued?
Speaker 9 (25:01):
It's just it's just reason I'll know the Yeah, if
they don't.
Speaker 1 (25:04):
Report it to the IRS.
Speaker 2 (25:06):
They can call it whatever they want, Curtis, and it
has no effect.
Speaker 9 (25:10):
But I'm about seventeen hundred bucks.
Speaker 1 (25:12):
Well, that's a different issue.
Speaker 2 (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 here 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?
Speaker 1 (25:45):
That's a you and the I R s right, right, I'll.
Speaker 9 (25:48):
Be I don't I want to know how can I
get my seventeen hundred bucks.
Speaker 1 (25:52):
I assume them assume a small claims court.
Speaker 4 (25:55):
That's it.
Speaker 1 (25:56):
That's it. And this is handle on the law. Is
handle on the law. Marginal legal advice. Doug, Hello, Doug, Yes.
Speaker 4 (26:08):
I have a credit card dead about ten thousand dollars
that was from December twenty thirteen. I just wondered, do
I have to pay that?
Speaker 2 (26:17):
Had you made any payments on it at all since
twenty thirteen?
Speaker 1 (26:20):
No, now you don't have to pay it. Statute of
limitations is long gone.
Speaker 4 (26:25):
Well that's why somebody they did try to test by
ticket accountest recently.
Speaker 2 (26:28):
No, because they have to get a judgment against you
before they can do that, and if they have, they.
Speaker 1 (26:35):
Sued you, Doug.
Speaker 4 (26:37):
No, just letter, you know.
Speaker 1 (26:39):
Okay, letter means nothing.
Speaker 2 (26:40):
Now, this is the only thing that is possibility is
they did sue you.
Speaker 1 (26:46):
And you weren't even served. You don't even know.
Speaker 2 (26:50):
That you've been sued. That happens all the time. That's fraud.
Speaker 1 (26:53):
By the way.
Speaker 2 (26:54):
Then someone's committed fraud against you and they got a
judgment against you.
Speaker 1 (26:59):
A judgment is good for ten years.
Speaker 2 (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 4 (27:18):
So, my god, it probably what probably does I got
a letter from the County Shriff's Department the same what
they're doing, they're gonna do or whatever.
Speaker 1 (27:29):
Yeah, that's probably a judgment.
Speaker 2 (27:31):
My guess is there's probably a judgment on the record,
and you get to find out what it is.
Speaker 1 (27:37):
You get to pull that judgment.
Speaker 2 (27:38):
It's a public document, so you get to go into
the county and there's your name.
Speaker 1 (27:44):
Find out the credit card company versus your name.
Speaker 2 (27:46):
So let's say it's Bank of America versus Doug and
see and 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 you've been sued. It's fraud.
Speaker 1 (28:02):
And then you.
Speaker 2 (28:04):
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 talks? Yeah, okay,
Well I would call them and say, hey, I was
never served. Okay, this is fraud, and what do you
(28:25):
want to do about They may say too bad, and
then you may have to get a lawyer to fight it.
Speaker 1 (28:31):
But based on what you said, there's a judgment there.
Speaker 2 (28:34):
It's not just I got a credit card DAT and
the statute is gone.
Speaker 1 (28:38):
Do I have to pay it?
Speaker 2 (28:40):
Elsie or Elise, Hello, Elise, welcome, Hello Bill.
Speaker 10 (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.
Speaker 2 (29:03):
On, wait, wait, wait, okay, hang on a minute. I'm
a little confused here. Credit card stolen from you?
Speaker 1 (29:08):
Correct?
Speaker 3 (29:10):
Correct?
Speaker 2 (29:10):
Okay, it maxed out and uh so a pile of
credit card charges that were not yours was put on.
Speaker 1 (29:19):
The card correct, correct?
Speaker 2 (29:21):
Okay, And you reported all of that and they still
put you into collections exactly. Yeah.
Speaker 3 (29:28):
They wanted me to make a police report at the.
Speaker 1 (29:32):
Time, okay, and I didn't do anything.
Speaker 10 (29:33):
Why just why I was still dating the.
Speaker 1 (29:37):
Guy that oh okay, all right, so you're an idiot. Okay,
So what's your question?
Speaker 3 (29:42):
Okay, So my question is now now later that's I'm
looking at it on my credit report?
Speaker 10 (29:46):
Is it to take it to small things?
Speaker 3 (29:48):
Now?
Speaker 1 (29:49):
Yeah? Who are you gonna take a small claims court?
Speaker 3 (29:52):
It would be him?
Speaker 2 (29:53):
Yeah, okay, And how do you prove that he didn't
have permission to use the card.
Speaker 1 (30:01):
Oh wow, okay, because here's the question. Here's the question.
Speaker 2 (30:05):
Hey, h Alice, 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.
Speaker 1 (30:15):
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 10 (30:23):
Its?
Speaker 6 (30:25):
Yeah?
Speaker 1 (30:25):
There it was worth? How okay? How good a role
in the hey was it? Yeah? How good? How good
was he sexually? Maybe?
Speaker 4 (30:34):
Maybe there?
Speaker 2 (30:34):
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 going, yeah,
you know, I'll take it. You know, I mean that
she's that good, I'll take it for fort rand. All right,
before we take our break, I want to talk about
people hurting. I'm gonna talk about you hurting chronic pain,
(30:56):
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 she suffers from
(31:17):
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.
Speaker 1 (31:37):
She started the.
Speaker 2 (31:38):
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. So
this is the Pain Game Podcast hosted by Lindsey.
Speaker 1 (31:55):
Season three is wrapping up soon.
Speaker 2 (31:57):
The next episode is about turning trauma 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 who have
endured sexual abuse and harassment discrimination, and she's recovered millions
(32:19):
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.
Speaker 1 (32:34):
The Pain Game Podcast.
Speaker 2 (32:36):
You can follow on social at the Pain Game Podcast
and the podcast is The Pain Game Podcast.
Speaker 1 (32:45):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (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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