August 8, 2026 • 39 mins
Handel on the Law. Marginal Legal Advice.
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Speaker 1 (00:00):
You're listening to camp I Am six forty the bill
Handles show on demand on the iHeartRadio f This is
handle on the law marginal legal advice where I Bill
Handle tell you insert name here. You have absolutely no
case and as always, the worst your case is the
happier I am. And the rules are always the same
(00:23):
when people call in, and that is those people who
are unintelligible always there at the top of the list.
Any major major handicap like no arms, no legs, and
I don't know how you dial the phone that works,
although yet sire, now, so that helps.
Speaker 2 (00:40):
Also if you're not real bright.
Speaker 1 (00:45):
And you're in a facility and you were unintelligible simultaneously,
always good too.
Speaker 2 (00:52):
Linda, Hello, Linda, welcome. Hi, Yes, ma'am.
Speaker 3 (00:56):
Question. My son had a rash on his leg. He
went to a dermatologist to get a biopsy done. A
week later, we took the bandage off and looked at
the biopsy, which was so deep we couldn't even believe it.
And also it looked infected. Went back into the doctor.
(01:18):
He looked at it and said, yes, this is infected,
and he offered to give him an antibiotic and my
son said, I can't take that antibiotic. It makes me
too sick, and he gave him an appointment and sent
him on his way. Long story story. He would ended
up in a hospital two different times with infection of
(01:39):
this site. His general doctor looked at the site and
said he was shocked how deep the guy did the biopsy,
because this is ridiculous. So do we have any kind of.
Speaker 2 (01:52):
Okay, well, let me ask what happened with your son.
Speaker 1 (01:57):
So he got the doctor didn't give him the antibiotic
and didn't give them another antibiotics.
Speaker 2 (02:03):
So that's a problem there for the doctor.
Speaker 1 (02:05):
The other issue is a biopsy went way deeper than
it should have gotten.
Speaker 2 (02:10):
And how long was your son in the hospital.
Speaker 3 (02:16):
Maybe three or four days?
Speaker 1 (02:17):
Okay?
Speaker 3 (02:18):
Well, and he also said it made a smart ass
remark to my son, saying, what do you mean you
can't take ahead of us?
Speaker 1 (02:25):
Yeah, that doesn't matter. Take it, Yeah that doesn't that
doesn't matter. Smart ass remarks are not are not malpractice.
So here is the entire issue on. You've got another
doctor says, yet it went too deep. You have a
testimony somewhere that your son asked for an antibiotic, and
the and is allergic to the antibiotic that was prescribed,
(02:47):
and the doctor did not order a different family of
antibiotics and they're out there. So I don't quite understand that.
So based on what you said, sure sounds like malpractice
to me. So what are the damages to infecttion? Now
cleared up?
Speaker 2 (03:01):
Biopsy that went too deep? Okay it did.
Speaker 1 (03:05):
What kind of permanent damage did it cause other than
it went too deep in the guy?
Speaker 2 (03:09):
Malpractice?
Speaker 1 (03:10):
Then you got three or four days in the hospital
as a result of all this, And the doctor is
going to argue you would have gotten the infection anyway.
That is a little bit flaky for him because if
it happened at the site and he went too deep,
the problem is the damages are not big enough, Linda, A.
Speaker 2 (03:29):
Lawyer is not going to take that.
Speaker 1 (03:30):
Yeah, you have a malpractice case, but a lawyer is
simply not going to take it because your case is
or his case is not worth enough money. That's the
good news. By the way, I'll tell you it would
be worth enough money. He lost his leg. That's money.
Now we're talking a lot of money. So, yep, sounds
(03:51):
like malpractice. You can talk to a malpractice attorney. I
think The big issue is three four days in the
hospital and how long this went on, So certainly talking about.
Speaker 3 (04:01):
Practice, it is what into it. He's had this for
two months now and it's still not a heal.
Speaker 2 (04:10):
That doesn't matter.
Speaker 1 (04:11):
I mean, it's just a slow heel does not really
how does he not walk?
Speaker 2 (04:16):
Is he in constant pain?
Speaker 1 (04:19):
Is he looking at a full time or a lifetime prognosis?
Speaker 2 (04:24):
The bigger the damages.
Speaker 3 (04:27):
Yeah, okay, you.
Speaker 2 (04:28):
Got to find out.
Speaker 1 (04:29):
But that doesn't mean you don't talk to a malpractice
attorney because the three or four days in the hospital,
I don't know what that's worth, and it could be
worth a chunk of money.
Speaker 4 (04:40):
Let me see.
Speaker 2 (04:43):
Tom. Hello, Tom, Hi.
Speaker 5 (04:46):
How are you doing?
Speaker 2 (04:47):
Yes, sir, what can I do?
Speaker 6 (04:49):
I have a question for you.
Speaker 5 (04:50):
My daughter passed away several years ago at age forty
three years old.
Speaker 2 (04:56):
Oh that's wait, and she.
Speaker 5 (04:58):
Had a registered goal domestic partner. The two of them,
I had been together at that time, maybe six or
seven years, but they separated and they screwed around and
didn't get the paperwork done. But they finally got the
(05:18):
I guess the divorce degree from the court and the
date on it was set that their marriage would end
on a certain date, and unfortunately she passed away due
to more or less natural causes about eleven days before
that date came on the on the on the official paperwork.
(05:44):
And so what I'm wondering is do I also paid
for to buy a cemetery plotter one for the undertaker,
and all that stuff and all of her final bills.
She was in bankruptcy at the tay. And the only
(06:06):
thing is her mother was named in the life insurance
policy and her mother received that money. But there's money
kind of floating around in other accounts, various stuff, mostly related.
Speaker 4 (06:20):
To her work.
Speaker 5 (06:22):
And I was wondering what I have.
Speaker 1 (06:24):
Yeah, No, it's a good question, Tom. How much money
are we talking about here?
Speaker 5 (06:28):
Probably about all ten thousand.
Speaker 1 (06:35):
Where I'm a little confused is domestic partnership, which is
a legal document or a legal relationship, and you file
for that.
Speaker 2 (06:44):
It is a legal concept.
Speaker 1 (06:46):
And then I don't understand how you divorce someone that
you're not married. But I'm for the purpose of this conversation,
it was supposed to end at a certain date and
it didn't. And so the fact that there's separated doesn't
really mean much other than spousal support and that sort
of thing. The fact is, if she ends up dying
(07:09):
eleven days before let's say they were married, which.
Speaker 2 (07:12):
Is equivalent, and ends up dying eleven days before a.
Speaker 1 (07:14):
Divorce decree has entered into she's married, and her partner
gets it.
Speaker 5 (07:22):
Okay, yeah, there's no.
Speaker 1 (07:24):
No, there really is a no. Nope, he the partner
gets it. And because there's still a marriage, there still
a marriage. You know, there are people, for example, there
are pension plans out there that are such that the
only person that's allowed to be a beneficiary under the
(07:45):
pension plan if you die is a spouse. That's just
the way it's laid out. So let's say someone gets married,
a month later, they decide to separate, and then you
connect with someone you live together for twenty five years,
pension goes to.
Speaker 2 (08:05):
The spouse. I just saw one of those.
Speaker 1 (08:08):
By the way, this is Handle on the Law.
Speaker 7 (08:13):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 1 (08:20):
Welcome back, and it's Handle on the Law Marginal Legal Advice.
Speaker 2 (08:26):
Bert. Hello, Bert, welcome, Hey.
Speaker 8 (08:29):
Hey, being a good afternoon. So I'll say this very
quickly and very very high level.
Speaker 9 (08:35):
Note.
Speaker 8 (08:36):
Okay, so the mod of my child made from ce Mike.
Speaker 2 (08:41):
Okay, this is not why. This is not a good line,
Bert Bert either.
Speaker 1 (08:45):
You have to move someplace because this is not clearing,
not very clear signal.
Speaker 2 (08:51):
Talk to me again.
Speaker 8 (08:53):
Okay, is this better?
Speaker 2 (08:55):
Yeah, it's better?
Speaker 8 (08:56):
Okay, yeah, okay, all right, So the model of my
child is basically using my child as a woman against me,
not allowing me to see my child.
Speaker 1 (09:07):
Okay, let me let me repeat what you said, because
I had a pretty hard time. The mother of your
child is using your child as a weapon against you
by not allowing you to see your child.
Speaker 2 (09:19):
Do I have that correct?
Speaker 10 (09:21):
That's correct?
Speaker 2 (09:22):
Got it? Okay, Your question go ahead.
Speaker 8 (09:25):
Of history in a nutshell, is that she got pregnant
by me to keep another man. Okay, yeah, none of
that matters.
Speaker 2 (09:36):
Yeah, but none of that matters. Nobody cares. Okay, none
of that matters.
Speaker 1 (09:41):
The only issue is are you the father of the child?
Is she the mother of the child?
Speaker 8 (09:46):
Yes, Okay, you're the father.
Speaker 2 (09:49):
Okay.
Speaker 1 (09:49):
She's not arguing that you're not the father. She's not
saying you are or not the father. She she acquiesces,
she says you're the dad. Right, Okay, so she is
stopping you from seeing the child. You can go into
court and instantly the judge will grant you joint tendency,
will force her to share the child with you.
Speaker 2 (10:10):
How old is the kid?
Speaker 10 (10:11):
Bert?
Speaker 8 (10:12):
Just thirteen?
Speaker 2 (10:13):
Now, ah okay, so that shouldn't be an issue. Now.
Speaker 1 (10:18):
The problem is is you get to go to court
and you get to hire a family law attorney to
deal with this. That means she has to hire a
family law attorney, and if she doesn't, there's no chance
of her prevailing. But you're going to get access to
the kid anyway once the court makes that determination, and
there'll be some kind of mediation, and the mediator will
(10:42):
either be probably assigned by the court, will ask you
and the mother of your child, how are you going
to do this? We have to make sure that Bert
gets the kid, you know, during the week. Well, so,
actually you won't get the kid during the week because
the kids in school with you know where she is
and they're not going to yank at the yanker out
(11:02):
of school. So you're gonna get the kid on weekends.
I'm just telling you the way it's probably gonna go.
You're gonna get to get on weekends and holidays. You
will have the child.
Speaker 8 (11:11):
So Dan I leave in Arizona and the kid lives.
Speaker 2 (11:15):
Yeah, well the.
Speaker 1 (11:16):
Figure that out. Yeah, that happens all the time. Happens
all the time. Does the mother or child have any
money at all?
Speaker 8 (11:26):
She's making a harder on sixty dollars a year. Okay, Maril,
I can I can guarantee you that that child is
not being taken care of.
Speaker 2 (11:35):
Well, that's another that is another issue a lot. Okay,
that is another.
Speaker 1 (11:40):
Okay, that is another issue as to uh, the child
being in an unsafe home, that the kid's not being
taken care of. But that is really different. Yeah, but
that is difficult to prove. What is what is she
doing that makes it unsafe for your kid? What is
she doing?
Speaker 2 (11:59):
Bill?
Speaker 8 (12:00):
H my child? When there's a time I went to
visit my child, I looked up she had life in
her head.
Speaker 6 (12:07):
I washed.
Speaker 2 (12:10):
That's not enough. That's not enough, that's not enough. All okay,
Well you put it all together.
Speaker 1 (12:20):
Then what you do is you hire that lawyer in
California and you take her to court and ask for
complete custody of the kid. Not easy to get, by
the way, not easy. Okay, the kid has lice, so
mom goes, Okay, I took care of the lice. Right now,
(12:40):
look at the kid. Does she have lice?
Speaker 8 (12:42):
No, I took care of the life. I took the
kid of Okay to a place where she went.
Speaker 10 (12:49):
All.
Speaker 1 (12:49):
I'm telling you, listen to me. You're arguing the case
to me. You're gonna have to argue the case in
front of a judge. And what I'm saying, it's a
very high bar to take a child away from a parent,
much like it's a very high bar to say that
you can't see the kid, or you can't see your
child on weekends or on the days of vacation during
(13:13):
the summer weeks during the summer, so you're gonna get
the child.
Speaker 2 (13:17):
She can't stop you.
Speaker 1 (13:18):
You can't stop her unless there is something really seriously
wrong where Okay, she had life all right, and I
took care of it fair enough. The child needed some
dental work and I took care of it.
Speaker 2 (13:33):
It's not enough.
Speaker 1 (13:37):
So it's just that I don't like you talk to Okay,
you talk to a family law attorney.
Speaker 2 (13:41):
It's not complicated.
Speaker 1 (13:42):
You talk to a family law attorney, and that starts
the works going. You're making an argument to me, I
don't make that decision ever ever, Lorraine.
Speaker 2 (13:53):
Or yeah, I have that right, Lorraine, Yes, yes, ma'am.
Speaker 11 (13:58):
Okay. I live in an apartment building in Marina del Rey.
It's a building that you have to be sixty two
years old and up. I couple of months ago had
a well I broke my ankle in four places. Physical
therapy homes nursing has said that I need some grab
(14:19):
bars in the hour and the grab bar.
Speaker 10 (14:22):
Around the toilet.
Speaker 11 (14:24):
And my management here has been procrastinating. I called about it,
told them the situation and work orders. Oh, we'll put
in a work order. We'll put in a work order.
I kept calling nothing.
Speaker 2 (14:38):
Nothing again.
Speaker 10 (14:39):
Yeah, he asked me for a.
Speaker 11 (14:41):
Doctor's note that I need grab bars.
Speaker 10 (14:44):
Okay, called the surgeon's office.
Speaker 11 (14:48):
They wrote their very first note for a management in
an apartment building. This is the first time they've ever
been asked. I got it, gave it to them. They
didn't do it anything, and then I had to sign
for it. Went over and signed for it.
Speaker 10 (15:04):
That's all right, I got it.
Speaker 1 (15:06):
It made it difficult, all right, and they're still not
putting it in right after.
Speaker 2 (15:09):
It made you jump through all these hoops.
Speaker 11 (15:11):
No, now the last thing they said is they're sending
it to their main corporate office to get an Okay,
all right.
Speaker 2 (15:17):
So what I don't know, Yeah, Lorraine, what's your question?
Speaker 11 (15:22):
Question is are they supposed to be doing that in
a senior building or not? Yeah?
Speaker 2 (15:28):
I don't know.
Speaker 11 (15:28):
And if not, if I call someone in and have
them put it up, will I be sued for damaging
their water?
Speaker 2 (15:35):
No?
Speaker 1 (15:35):
No, no, you will not be sued for damaging that
you don't worry about the only issue is when you move,
they may remove the bars and repair the damage quote
damage of whatever the installation is, or you just leave
it there and they're okay with it. That you don't
worry about until you move out. And if you die there,
then you don't worry about it at all because you're
(15:56):
kind of dead at that point. The issue is I
don't know where they are mandated.
Speaker 8 (16:01):
The question is bill question.
Speaker 11 (16:04):
Other people in this building have gotten them.
Speaker 1 (16:07):
Okay, so how long have they did? So what you
have is you have a delay? All right, So now
they haven't put in. Yes, I understand, Lorraine, I understand.
Speaker 2 (16:18):
That they honestly do understand. Okay.
Speaker 1 (16:21):
So here is the issue is, first of all, everything
should be in writing because they're going to deny anything
regarding phone calls.
Speaker 2 (16:30):
You do you do not want phone calls.
Speaker 1 (16:32):
You want to put it all in writing, submit everything
and say I've asked you over and over again, and
you let them know if I am hurt, you guys
have bought the store.
Speaker 2 (16:43):
That's what you do.
Speaker 9 (16:45):
Uh.
Speaker 1 (16:45):
And unfortunately, there's nothing legal until you get hurt because
there was no bar there.
Speaker 2 (16:52):
And then that's the whole argument onto itself.
Speaker 11 (16:54):
My head open first and.
Speaker 1 (16:55):
Yeah, yeah, pretty much, yeah, yeah, pretty much.
Speaker 10 (16:59):
That yeah, and then that's a good law.
Speaker 2 (17:01):
And then you let them know that's the case. You
let them know. That's what I would do.
Speaker 1 (17:07):
Also, I would interrupt them just as much as you
do on a constant basis. I'll tell you what else
doesn't exist is your privacy online. That does not exist either.
If you think you have privacy, you're dreaming because all
of your information is out there on the internet. Your
home address, where you work, where you bank, what you buy,
where you buy it, court records, accident history, DMV information,
(17:31):
credit score. I mean, I could go on for an
hour on that one. It's all out there, very easy
to get. And it gets even worse than that, because
all that information that's out there and easy to get
is collected by hundreds of data brokers and.
Speaker 2 (17:44):
Then they sell it to anyone who wants to buy it.
Speaker 1 (17:47):
I can buy your information and it's not expensive, and
there goes your privacy. And if I'm a bad guy,
you're looking at some issues. So here's Incogniti. It's a
company that protects you. What they do is they contact
hundreds of these data brokers and legally demand your information
be deleted so it can't be used. That's what Incogny does.
(18:08):
And I have proof that it works because I'm a
customer and before the show, every show, I log into
my Incognitia account and I see hundreds of removal requests
have been completed, hundreds more are in progress and are scheduled,
and more are added. In Cogni is there to help
you keep your information well, at least not as vulnerable
(18:30):
as it is now. That's in Cogni I n cog
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when you use my name handle. That's in Cogni I
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Speaker 2 (18:46):
This is handle on.
Speaker 7 (18:47):
The law you're listening to bill Handle on Demand from
KFI AM six forty.
Speaker 1 (18:54):
Welcome back handle on the law. Bill handle here marginal
legal advice VICKI Hi, Vicky.
Speaker 9 (19:01):
Welcome Though if I sound nervous, I am no, I
don't worry about it.
Speaker 2 (19:06):
Please come on.
Speaker 1 (19:07):
Yeah, hundreds of thousands or millions of people want waiting
for you to screw up.
Speaker 9 (19:11):
So that's quite and I don't verbalize that well either,
But anyway, I'm going to I'm going to do my best.
Speaker 2 (19:17):
All right, So far, so good.
Speaker 9 (19:19):
Okay. My husband and I have had a long term
care insurance that we've been paying on for years, and
finally we got to use it, not really use it,
but the way the policy works is you pay out
of pocket for one hundred days and then after that
(19:42):
the insurance company kicks in and they pay you to
seventy five a day for your home care or whatever
kind of service you're using, whether it's rehab or assisted
living or whatever. So anyway, we had an accident and
we start we started using a home care service that
(20:04):
was certified for the state.
Speaker 1 (20:06):
Okay, so when the accident happened, it was while the
home care service was providing services.
Speaker 2 (20:13):
You were past that ever day.
Speaker 9 (20:15):
No, so we use the service for thirty three days, so,
which meant we had sixty seven days to go before
the insurance kicks in. And we started using another agency,
and they said they were accredited by the state, because
that's very important, and they were here for a total
of one hundred and eleven days, and I kept asking
(20:38):
if they were certified or credited. Oh, yeah, we are,
and they just kept putting me off, and I was
too stupid to really look into it myself, which I
should have done. My insurance company, our insurance company called
and said they were not credited. So all those days
that they were here, one hundred and eleven days, we
(21:03):
would not be reimburse.
Speaker 1 (21:05):
Oooh all right, So how much did that I up
costing you, Vicky?
Speaker 9 (21:09):
Probably around thirty thousand out of pocket?
Speaker 2 (21:12):
Okay, what does that mean out of pocket?
Speaker 1 (21:16):
If they're saying they were credited, the state paid for them, correct,
for the first hundred.
Speaker 9 (21:22):
Days the state, the state does not pay anything.
Speaker 1 (21:24):
Okay, so the insurance Hang on it, hold on, did
the insurance company pay for one hundred days?
Speaker 9 (21:31):
No?
Speaker 2 (21:32):
Who paid for it?
Speaker 9 (21:33):
We did?
Speaker 2 (21:34):
Or the whole hundred days?
Speaker 9 (21:36):
All of it Okay, well, except for the first thirty
three days that we had an accredited state, accredited agency,
then we only had sixty seven days to go before
the insurance company would start paying.
Speaker 2 (21:49):
All right, So what what is your question? I kind
of got it.
Speaker 9 (21:52):
My question is insurance company called me and said that
the agency that we were using were not accredited. So
therefore none of those days that they worked for US
one hundred and eleven days would not go towards our
one day.
Speaker 2 (22:08):
All right.
Speaker 9 (22:10):
So my question is they gave me a statement which
totals around forty dollars.
Speaker 1 (22:17):
Okay, you're talking about the home care service provider gave
you a statement credited care.
Speaker 2 (22:24):
Oh got it? What's your question, Vicky?
Speaker 9 (22:26):
Okay, I don't know if I should pay this or not.
Speaker 2 (22:29):
I'm really oh absolutely not. Oh no no no, VICKI
you don't pay it.
Speaker 1 (22:32):
Oh no, no, no, no, you don't pay it because
the law says they have to be accredited.
Speaker 2 (22:36):
So what they did is basically defraud you.
Speaker 1 (22:39):
And beyond that, what I would do is consider them
for all of the money that you paid out of pocket.
Speaker 2 (22:46):
Because they violated the law.
Speaker 1 (22:48):
Now, the fact that you were an idiot, that's true,
you were an idiot. However, you didn't violate the law.
What you did is you're guilty of being an idiot.
They are guilty of fraud. And I think you have
a lawsuit against them for the entire amount of money
because if they have to be accredited and they said
(23:10):
they're accredited there and otherwise they wouldn't get the money,
I'd go for it.
Speaker 2 (23:16):
So yeah, certainly don't pay them. Certainly not.
Speaker 9 (23:20):
It came down to it one night we had this
conversation and they said, well, yeah, we're licensed. You know,
we get a license for every city that we work in.
And I said, well that's not what you need.
Speaker 1 (23:30):
Then okay, they're going to argue with you about the law.
If you know that they have to be accredited and they're.
Speaker 2 (23:35):
Not, where are they going to go with that one?
Are they going to go if the.
Speaker 1 (23:38):
Law says, if the rules are you have to be
accredited and you're not accredited, now where do you go
with that? There's no place they can go, So sue
them and certainly certainly don't pay that bill.
Speaker 2 (23:54):
I wouldn't John, Hello, John, welcome.
Speaker 10 (23:58):
I'd bill, Hey, I go to couple judgments against me
approximately twelve years ago. One of them I really never
I never got served on, so I never went to
trial on that one. The other one was to my house.
Now I went back to the county to see if
he reaffirmed them, and the one that was with my
house he did not, and he just let it drop.
(24:21):
But heard so he.
Speaker 2 (24:23):
Let it wait. Hang on a minute. So the.
Speaker 1 (24:28):
Lawsuit is over at the end of ten years, or
it's not lawsuit, because what it is is the judgment
ends at the end of ten years.
Speaker 2 (24:39):
They got a judgment on you.
Speaker 1 (24:41):
Yes, okay, they got a judgment, and then that goes
for ten years, and then at the end of ten years,
if they don't reaffirm it, there's no judgment, it disappears.
Speaker 10 (24:54):
Okay. So one of them, the guy I went to
trial with, he never reaffirmed it, so it's dropped.
Speaker 2 (25:00):
Okay.
Speaker 10 (25:00):
Apparently a credit card a credit card company sued me
as well at the same time. Now, they never served me,
so I never went.
Speaker 1 (25:08):
To That doesn't that doesn't You can say they never
serve you.
Speaker 2 (25:12):
Uh, but they there was a judgment.
Speaker 10 (25:16):
Someone came in with a pistol was a judgment, okay.
Speaker 1 (25:20):
John, Someone came in with a proof of judgment to
the court.
Speaker 10 (25:24):
Okay, So anyway, I kind of knew about it.
Speaker 2 (25:27):
A tournament hold on.
Speaker 1 (25:28):
There is a document on file in that case in
which it says you have been served.
Speaker 10 (25:36):
Well, it's fraud fraudulent, Okay, I guess.
Speaker 2 (25:38):
They that's possible, that's possible. How do you prove it?
Speaker 10 (25:43):
Well, how do they prove it?
Speaker 1 (25:44):
They don't have to because they've already proved it. They
have they have a document that says you've been you've
been served.
Speaker 10 (25:50):
Okay. Do they have to come up with that documentifuse
to ask for it?
Speaker 4 (25:55):
Yeah?
Speaker 2 (25:55):
Probably?
Speaker 10 (25:56):
Yeah. What did it was? They tried to? They served
me through the mail, certified mail, and I just was
never around to sign for it, and I.
Speaker 2 (26:03):
Never went down.
Speaker 1 (26:04):
If they served you through If they serve you through
the mail, that's not service.
Speaker 10 (26:08):
That's why I agree.
Speaker 2 (26:11):
In the file there.
Speaker 1 (26:13):
Is a document that says you have been served legally,
either a marshall serve you or a process server serve you,
or a third party served you, and says, under the
penalty of perjury, I have served John. And based on that,
what happened was the default judgment was rendered against you,
(26:37):
and that judgment is good for ten years now, is it?
It could be, John, It could very well be fraudulent.
I mean, you just don't ever know. Plenty of fraud
happens to that.
Speaker 10 (26:52):
Is that is that an avenue I should pursue?
Speaker 2 (26:55):
Yeah, I would if you can prove that.
Speaker 10 (26:58):
How do you prove that?
Speaker 2 (27:00):
You look at the date and you show I wasn't
naming in town.
Speaker 10 (27:05):
Like they did it through a certified mail if they.
Speaker 2 (27:09):
Did it, hold on, if look at the document.
Speaker 1 (27:12):
I keep on telling you what they wouldn't even put
down that they did it by certified mail, because that's
not service.
Speaker 10 (27:20):
Okay.
Speaker 2 (27:21):
Service is headding a lawsuit to you in your grubby hands.
That is service.
Speaker 10 (27:29):
Okay, my my real The reason I really called is
can I go bankrupt on this now?
Speaker 2 (27:35):
And just yeah, you can go back away anything. Of course.
Speaker 10 (27:38):
Now I'm making a little more money now than I
used to ten years ago. I should have done this
ten years ago. But it doesn't matter, doesn't matter.
Speaker 2 (27:46):
It doesn't matter now.
Speaker 10 (27:48):
How much money doesn't matter.
Speaker 1 (27:50):
Let's say I'm making depends on how how much money
you're making, what your assets are, and how big the
debt is.
Speaker 10 (27:58):
How much do you has grown to I think the
debt has grown to now over a Hunters sound.
Speaker 2 (28:03):
Okay, lawyer, how much do you earn?
Speaker 10 (28:06):
John, I probably earned about sixty a year.
Speaker 2 (28:10):
Yeah, you can go bankrupt. You can go bankrupt on it.
Speaker 6 (28:12):
Cool.
Speaker 2 (28:13):
Yeah, talk to yeah, talk to a bankruptcy attorney. That's
the easiest way to go. This is Handle on the Law.
Speaker 7 (28:21):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (28:29):
This is Handle on the Law Marginal Legal Advice.
Speaker 2 (28:35):
Albert, Hello, Albert.
Speaker 10 (28:37):
Yeah, yes, oh yeah, hello, yes here.
Speaker 4 (28:43):
Yeah. My question relates to personal injury case. After my
case was settled, finally the chiropractor got too much on
my proceeds, got half of my Knitt settlement proceed amount. Okay,
(29:07):
And at first the attorney of giving me hold give
me the option to send the chiropractor to check that
I didn't take advantage of that.
Speaker 2 (29:25):
Well, what would send the chiropractor the check? The check
for how much was it?
Speaker 1 (29:30):
And I don't understand why the the the attorney didn't
didn't pay the chiropractor out of the proceeds. He said,
you can pay him.
Speaker 4 (29:39):
Yeah, because he was asking for too much money.
Speaker 2 (29:41):
And okay, all right, So he said, you negotiate with
a chiropractor.
Speaker 1 (29:45):
All right, So the attorney didn't do his job, or
you didn't let the attorney do his jobs. Okay, so
you're now being billed by the chiropractor and you're supposed
to pay wi effectively is half.
Speaker 2 (29:55):
Of the proceeds?
Speaker 4 (29:58):
Let's paid out of the pro it's by the attorney.
Speaker 2 (30:01):
Okay, how do you know it's too much?
Speaker 4 (30:04):
Half? How many proceeds?
Speaker 1 (30:05):
It doesn't matter. How much was the bill? How much
did he bill you for the sessions?
Speaker 4 (30:11):
At first? He built for thirty nine thousand at first?
Speaker 2 (30:15):
How many sessions did he do?
Speaker 4 (30:20):
Hommony sessions? About a year?
Speaker 2 (30:22):
About a year? And what was it? How many days
a week?
Speaker 1 (30:27):
Twice twice a week, so one hundred sessions. Basically, if
you're going twice a week for a year, one hundred sessions.
Speaker 2 (30:35):
And it was thirty nine thousand dollars. Yeah, that's what
he wanted, you know, I understand.
Speaker 1 (30:42):
So that's three hundred and ninety dollars per session. Yeah,
it seems high, it doesn't seem crazy. So he wanted
thirty nine thousand dollars. How much did the lawyer end
up paying him? Seven two hundred and you think seven
thousand two hundred is too.
Speaker 8 (30:59):
Much, yes, because you know if.
Speaker 2 (31:03):
Brian doesn't work that way. Brian, it doesn't work that way.
Speaker 1 (31:07):
The attorney gets a percentage, the medical provider just gets
with the medical provider charges and it could be three
quarters of the amount you get. So you can't think
of percentage and you can think, oh you want, well
it's half of what I got. Okay, So what those
are the medical bills? Let me ask you a question.
(31:28):
Let's say there's a two hundred and fifty thousand dollars
you get in a car accident.
Speaker 2 (31:33):
That's two fifty five hundred.
Speaker 1 (31:35):
That's my insurance is two hundred and fifty five hundred
thousand dollars. So I end up getting in a car
accident and I wipe you out. I mean, you have
surgery after surgery, and you end up with five hundred
thousand dollars worth of medical bills. Well, that eats up
the entire amount of money that's paid on the insurance company.
(31:57):
What do you say, Oh, no, I don't want bill
to have that much money. It's too much of my money.
It's all of the money.
Speaker 2 (32:03):
Okay, who cares? That's how much the medical costs. So
you're out of luck. You have no case. Everybody thinks
in terms of percentages.
Speaker 1 (32:16):
And if the lawyer got him down to seventy two hundred.
Speaker 2 (32:19):
Dollars, wow, that is that's almost no money.
Speaker 1 (32:26):
And on top of that, that means that he probably had.
Whoever was in the car accident, assuming it's a car accident,
I had minimum insurance fifteen thirty fifteen thousand dollars per recurrence,
thirty thousand aggregate, and so he probably got fifteen. There
was a fifteen thousand dollars, fifteen thousand dollars settlement and
the insurance company wrote out the entire amount, and the
(32:48):
chiropractor went from this exorbitant, the huge amount of money
down to seventy two hundred for a year.
Speaker 2 (32:54):
Which is nothing. So he's pissed off.
Speaker 4 (32:56):
Fine.
Speaker 1 (32:57):
Oh, by the way, the minimum insurance, I want to
point this out, fifteen thirty.
Speaker 2 (33:02):
You can't fix a bumper.
Speaker 1 (33:03):
Today for fifteen thousand dollars, and that hasn't changed in
fifty years. You would think that you have a lot
more to play with. They would cost a lot more. Nope, Marty,
Hello Marty.
Speaker 6 (33:18):
Hi, Hey, I'm looking for your thoughts on recourse I
might have against a very well known sandwich shop that
has had not been honoring their online discounts. Here's the background.
This shop happened to be in a remote location. This time.
I'd ordered online for a discount, and when I went
(33:39):
to close that order, they said, oh, we don't participate
on that discount, so all right.
Speaker 1 (33:44):
Did the promotion say participating locations?
Speaker 6 (33:48):
It did. However, after about three or four transactions, I
talked to the manager of that store and they said, oh, no,
we are participating in that, all right.
Speaker 1 (33:57):
So all right, so they say you are in the
documents say as it's only a participating locations.
Speaker 2 (34:02):
Okay.
Speaker 1 (34:03):
So the manager says that they participate, all right.
Speaker 2 (34:06):
So what happened?
Speaker 6 (34:08):
So they said The manager at the store said, you
got to get online. We can't handle that there. So
I did that online operations manager, I guess got back
and said, hey, sorry, but we can't issue refunds for
multiple trends.
Speaker 1 (34:21):
Okay, I don't understand issue refunds for what did you
buy the sandwich?
Speaker 6 (34:27):
I bought the sandwich, took back theater to say, hey,
I did.
Speaker 1 (34:30):
Okay, and you wrote and you wrote and you said
the manager said that we honor that. The manager is
going to lie about that, by the way, he's going
to have said, I never said that.
Speaker 2 (34:38):
So you are at this point.
Speaker 1 (34:41):
You bought a sandwich, they didn't honor the discount, and
on top of that, you how much were you screwed
out of?
Speaker 2 (34:50):
Money wise? How much would you have how much would
you have saved had they honored the discount?
Speaker 6 (34:58):
Fifty dollars?
Speaker 1 (34:59):
There's your lawsuit against fifty dollars of sandwiches.
Speaker 6 (35:04):
Yeah, I was over about four different transactions over the course.
Speaker 1 (35:06):
Wait a minute, the second, Wait a minute, the second
that they didn't honor it. Why didn't you do something
about it? Why did you wait for four purchases?
Speaker 6 (35:16):
Because each time I went in, the employee was there,
said hey, yeah, we're in a small town and we
can't I guess we can't afford to do those promotions.
It was only that fourth transact, fourth visit that the manager.
Speaker 1 (35:29):
Was there, okay, and he said that we do honor it,
which again he's not going to say we did.
Speaker 2 (35:33):
So let me ask you this question.
Speaker 1 (35:37):
For you were overcharged by what twelve dollars per purchase?
Speaker 2 (35:43):
So what is it that you purchased a sandwich?
Speaker 6 (35:47):
Correct?
Speaker 2 (35:47):
Okay? So how much was the sandwich.
Speaker 1 (35:51):
Twelve dollars and they so they basically charged you twenty
twenty four dollars for the sandwich, right.
Speaker 6 (36:00):
Correct, So there's a buy one, get one free.
Speaker 2 (36:02):
Oh, hold on a minute, Hold on a minute.
Speaker 1 (36:04):
Okay, so you ended up paying you had to pay
twenty four dollars for the sandwich for the two sandwiches,
right correct.
Speaker 2 (36:12):
Okay, but if they don't honor it, if the if, the.
Speaker 1 (36:16):
If the store clerk says, no, we don't honor this,
why would you buy two sandwiches?
Speaker 6 (36:24):
Because it was an online order so I had to
order it online.
Speaker 2 (36:27):
And ah, okay, got it? All right, all right, that's fair, Yeah,
all right. Yeah, I think you can take the court
for fifty bucks.
Speaker 1 (36:35):
I also think the manager is going to lie and
say no, I never said that. And I think that
the employee is going to say, yeah, we told them
that we don't honor it. I think there's a defense
that they have or may not have. So, you know, yeah,
for I think it's worth it for fifty bucks to
spend the day in trial and probably and a good
(36:57):
chance you lose. Why the hell not, you know, if
you've got nothing else to do, and you enjoy going
to small claims.
Speaker 2 (37:03):
God bless you.
Speaker 1 (37:04):
Now you may want to find out that there's a
small there's a class action suit out there, and what
we'll do in the settlement is you will probably get
if it settles and there's enough people out there and
a law firm takes it. My guess is you will
probably get a coupon for four sandwiches at best, maybe
(37:28):
two sandwiches.
Speaker 2 (37:30):
Okay, all right, so there it is. Okay.
Speaker 1 (37:33):
At some point you just you know, get a life.
Does that make fair? Is that fair?
Speaker 2 (37:38):
Okay?
Speaker 1 (37:39):
Before we bail, a little bit about your privacy online?
What privacy online? It doesn't exist because everything about you
is out there and available online. I can find out
your home address, where you work, where you bank, what
where you buy, what you buy, court records and insurance
(38:00):
company records, DMV information, credit score, your social media. I mean,
I could do that, and the bad guys go out
there and do that too, because not only is your
information available, but there are data brokers that collect that
information and then sell it. They'll sell it to anyone
who wants to buy it. And there you are a
little vulnerable. You think, well, in Cogni is a company
(38:22):
that comes in and actually fights back, defends you. And
what they do is they contact hundreds of these data
brokers and legally demand that your information be deleted, be scrubbed.
That's in Cogny, and I am a customer. Before every show,
I log onto my Incogniti account and they are hundreds
of removal requests have been completed, hundreds more are in
(38:43):
progress and scheduled. It changes because they're finding more all
the time. And the bad guys come aboard and start
and in Cogni shuts them down. So in COGNI get
sixty percent off when you use my name handle go
to Incogni, I, NCOG and I in cogny dot com
slash handle. In cogny dot com slash handle, this is
(39:07):
handle on the law.
Speaker 2 (39:10):
You've been listening to the Bill handle show.
Speaker 1 (39:12):
Catch my show Monday through Friday, six am to nine
am and anytime on demand on the iHeartRadio app
You're listening to camp I Am six forty the bill
Handles show on demand on the iHeartRadio f This is
handle on the law marginal legal advice where I Bill
Handle tell you insert name here. You have absolutely no
case and as always, the worst your case is the
happier I am. And the rules are always the same
(00:23):
when people call in, and that is those people who
are unintelligible always there at the top of the list.
Any major major handicap like no arms, no legs, and
I don't know how you dial the phone that works,
although yet sire, now, so that helps.
Speaker 2 (00:40):
Also if you're not real bright.
Speaker 1 (00:45):
And you're in a facility and you were unintelligible simultaneously,
always good too.
Speaker 2 (00:52):
Linda, Hello, Linda, welcome. Hi, Yes, ma'am.
Speaker 3 (00:56):
Question. My son had a rash on his leg. He
went to a dermatologist to get a biopsy done. A
week later, we took the bandage off and looked at
the biopsy, which was so deep we couldn't even believe it.
And also it looked infected. Went back into the doctor.
(01:18):
He looked at it and said, yes, this is infected,
and he offered to give him an antibiotic and my
son said, I can't take that antibiotic. It makes me
too sick, and he gave him an appointment and sent
him on his way. Long story story. He would ended
up in a hospital two different times with infection of
(01:39):
this site. His general doctor looked at the site and
said he was shocked how deep the guy did the biopsy,
because this is ridiculous. So do we have any kind of.
Speaker 2 (01:52):
Okay, well, let me ask what happened with your son.
Speaker 1 (01:57):
So he got the doctor didn't give him the antibiotic
and didn't give them another antibiotics.
Speaker 2 (02:03):
So that's a problem there for the doctor.
Speaker 1 (02:05):
The other issue is a biopsy went way deeper than
it should have gotten.
Speaker 2 (02:10):
And how long was your son in the hospital.
Speaker 3 (02:16):
Maybe three or four days?
Speaker 1 (02:17):
Okay?
Speaker 3 (02:18):
Well, and he also said it made a smart ass
remark to my son, saying, what do you mean you
can't take ahead of us?
Speaker 1 (02:25):
Yeah, that doesn't matter. Take it, Yeah that doesn't that
doesn't matter. Smart ass remarks are not are not malpractice.
So here is the entire issue on. You've got another
doctor says, yet it went too deep. You have a
testimony somewhere that your son asked for an antibiotic, and
the and is allergic to the antibiotic that was prescribed,
(02:47):
and the doctor did not order a different family of
antibiotics and they're out there. So I don't quite understand that.
So based on what you said, sure sounds like malpractice
to me. So what are the damages to infecttion? Now
cleared up?
Speaker 2 (03:01):
Biopsy that went too deep? Okay it did.
Speaker 1 (03:05):
What kind of permanent damage did it cause other than
it went too deep in the guy?
Speaker 2 (03:09):
Malpractice?
Speaker 1 (03:10):
Then you got three or four days in the hospital
as a result of all this, And the doctor is
going to argue you would have gotten the infection anyway.
That is a little bit flaky for him because if
it happened at the site and he went too deep,
the problem is the damages are not big enough, Linda, A.
Speaker 2 (03:29):
Lawyer is not going to take that.
Speaker 1 (03:30):
Yeah, you have a malpractice case, but a lawyer is
simply not going to take it because your case is
or his case is not worth enough money. That's the
good news. By the way, I'll tell you it would
be worth enough money. He lost his leg. That's money.
Now we're talking a lot of money. So, yep, sounds
(03:51):
like malpractice. You can talk to a malpractice attorney. I
think The big issue is three four days in the
hospital and how long this went on, So certainly talking about.
Speaker 3 (04:01):
Practice, it is what into it. He's had this for
two months now and it's still not a heal.
Speaker 2 (04:10):
That doesn't matter.
Speaker 1 (04:11):
I mean, it's just a slow heel does not really
how does he not walk?
Speaker 2 (04:16):
Is he in constant pain?
Speaker 1 (04:19):
Is he looking at a full time or a lifetime prognosis?
Speaker 2 (04:24):
The bigger the damages.
Speaker 3 (04:27):
Yeah, okay, you.
Speaker 2 (04:28):
Got to find out.
Speaker 1 (04:29):
But that doesn't mean you don't talk to a malpractice
attorney because the three or four days in the hospital,
I don't know what that's worth, and it could be
worth a chunk of money.
Speaker 4 (04:40):
Let me see.
Speaker 2 (04:43):
Tom. Hello, Tom, Hi.
Speaker 5 (04:46):
How are you doing?
Speaker 2 (04:47):
Yes, sir, what can I do?
Speaker 6 (04:49):
I have a question for you.
Speaker 5 (04:50):
My daughter passed away several years ago at age forty
three years old.
Speaker 2 (04:56):
Oh that's wait, and she.
Speaker 5 (04:58):
Had a registered goal domestic partner. The two of them,
I had been together at that time, maybe six or
seven years, but they separated and they screwed around and
didn't get the paperwork done. But they finally got the
(05:18):
I guess the divorce degree from the court and the
date on it was set that their marriage would end
on a certain date, and unfortunately she passed away due
to more or less natural causes about eleven days before
that date came on the on the on the official paperwork.
(05:44):
And so what I'm wondering is do I also paid
for to buy a cemetery plotter one for the undertaker,
and all that stuff and all of her final bills.
She was in bankruptcy at the tay. And the only
(06:06):
thing is her mother was named in the life insurance
policy and her mother received that money. But there's money
kind of floating around in other accounts, various stuff, mostly related.
Speaker 4 (06:20):
To her work.
Speaker 5 (06:22):
And I was wondering what I have.
Speaker 1 (06:24):
Yeah, No, it's a good question, Tom. How much money
are we talking about here?
Speaker 5 (06:28):
Probably about all ten thousand.
Speaker 1 (06:35):
Where I'm a little confused is domestic partnership, which is
a legal document or a legal relationship, and you file
for that.
Speaker 2 (06:44):
It is a legal concept.
Speaker 1 (06:46):
And then I don't understand how you divorce someone that
you're not married. But I'm for the purpose of this conversation,
it was supposed to end at a certain date and
it didn't. And so the fact that there's separated doesn't
really mean much other than spousal support and that sort
of thing. The fact is, if she ends up dying
(07:09):
eleven days before let's say they were married, which.
Speaker 2 (07:12):
Is equivalent, and ends up dying eleven days before a.
Speaker 1 (07:14):
Divorce decree has entered into she's married, and her partner
gets it.
Speaker 5 (07:22):
Okay, yeah, there's no.
Speaker 1 (07:24):
No, there really is a no. Nope, he the partner
gets it. And because there's still a marriage, there still
a marriage. You know, there are people, for example, there
are pension plans out there that are such that the
only person that's allowed to be a beneficiary under the
(07:45):
pension plan if you die is a spouse. That's just
the way it's laid out. So let's say someone gets married,
a month later, they decide to separate, and then you
connect with someone you live together for twenty five years,
pension goes to.
Speaker 2 (08:05):
The spouse. I just saw one of those.
Speaker 1 (08:08):
By the way, this is Handle on the Law.
Speaker 7 (08:13):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 1 (08:20):
Welcome back, and it's Handle on the Law Marginal Legal Advice.
Speaker 2 (08:26):
Bert. Hello, Bert, welcome, Hey.
Speaker 8 (08:29):
Hey, being a good afternoon. So I'll say this very
quickly and very very high level.
Speaker 9 (08:35):
Note.
Speaker 8 (08:36):
Okay, so the mod of my child made from ce Mike.
Speaker 2 (08:41):
Okay, this is not why. This is not a good line,
Bert Bert either.
Speaker 1 (08:45):
You have to move someplace because this is not clearing,
not very clear signal.
Speaker 2 (08:51):
Talk to me again.
Speaker 8 (08:53):
Okay, is this better?
Speaker 2 (08:55):
Yeah, it's better?
Speaker 8 (08:56):
Okay, yeah, okay, all right, So the model of my
child is basically using my child as a woman against me,
not allowing me to see my child.
Speaker 1 (09:07):
Okay, let me let me repeat what you said, because
I had a pretty hard time. The mother of your
child is using your child as a weapon against you
by not allowing you to see your child.
Speaker 2 (09:19):
Do I have that correct?
Speaker 10 (09:21):
That's correct?
Speaker 2 (09:22):
Got it? Okay, Your question go ahead.
Speaker 8 (09:25):
Of history in a nutshell, is that she got pregnant
by me to keep another man. Okay, yeah, none of
that matters.
Speaker 2 (09:36):
Yeah, but none of that matters. Nobody cares. Okay, none
of that matters.
Speaker 1 (09:41):
The only issue is are you the father of the child?
Is she the mother of the child?
Speaker 8 (09:46):
Yes, Okay, you're the father.
Speaker 2 (09:49):
Okay.
Speaker 1 (09:49):
She's not arguing that you're not the father. She's not
saying you are or not the father. She she acquiesces,
she says you're the dad. Right, Okay, so she is
stopping you from seeing the child. You can go into
court and instantly the judge will grant you joint tendency,
will force her to share the child with you.
Speaker 2 (10:10):
How old is the kid?
Speaker 10 (10:11):
Bert?
Speaker 8 (10:12):
Just thirteen?
Speaker 2 (10:13):
Now, ah okay, so that shouldn't be an issue. Now.
Speaker 1 (10:18):
The problem is is you get to go to court
and you get to hire a family law attorney to
deal with this. That means she has to hire a
family law attorney, and if she doesn't, there's no chance
of her prevailing. But you're going to get access to
the kid anyway once the court makes that determination, and
there'll be some kind of mediation, and the mediator will
(10:42):
either be probably assigned by the court, will ask you
and the mother of your child, how are you going
to do this? We have to make sure that Bert
gets the kid, you know, during the week. Well, so,
actually you won't get the kid during the week because
the kids in school with you know where she is
and they're not going to yank at the yanker out
(11:02):
of school. So you're gonna get the kid on weekends.
I'm just telling you the way it's probably gonna go.
You're gonna get to get on weekends and holidays. You
will have the child.
Speaker 8 (11:11):
So Dan I leave in Arizona and the kid lives.
Speaker 2 (11:15):
Yeah, well the.
Speaker 1 (11:16):
Figure that out. Yeah, that happens all the time. Happens
all the time. Does the mother or child have any
money at all?
Speaker 8 (11:26):
She's making a harder on sixty dollars a year. Okay, Maril,
I can I can guarantee you that that child is
not being taken care of.
Speaker 2 (11:35):
Well, that's another that is another issue a lot. Okay,
that is another.
Speaker 1 (11:40):
Okay, that is another issue as to uh, the child
being in an unsafe home, that the kid's not being
taken care of. But that is really different. Yeah, but
that is difficult to prove. What is what is she
doing that makes it unsafe for your kid? What is
she doing?
Speaker 2 (11:59):
Bill?
Speaker 8 (12:00):
H my child? When there's a time I went to
visit my child, I looked up she had life in
her head.
Speaker 6 (12:07):
I washed.
Speaker 2 (12:10):
That's not enough. That's not enough, that's not enough. All okay,
Well you put it all together.
Speaker 1 (12:20):
Then what you do is you hire that lawyer in
California and you take her to court and ask for
complete custody of the kid. Not easy to get, by
the way, not easy. Okay, the kid has lice, so
mom goes, Okay, I took care of the lice. Right now,
(12:40):
look at the kid. Does she have lice?
Speaker 8 (12:42):
No, I took care of the life. I took the
kid of Okay to a place where she went.
Speaker 10 (12:49):
All.
Speaker 1 (12:49):
I'm telling you, listen to me. You're arguing the case
to me. You're gonna have to argue the case in
front of a judge. And what I'm saying, it's a
very high bar to take a child away from a parent,
much like it's a very high bar to say that
you can't see the kid, or you can't see your
child on weekends or on the days of vacation during
(13:13):
the summer weeks during the summer, so you're gonna get
the child.
Speaker 2 (13:17):
She can't stop you.
Speaker 1 (13:18):
You can't stop her unless there is something really seriously
wrong where Okay, she had life all right, and I
took care of it fair enough. The child needed some
dental work and I took care of it.
Speaker 2 (13:33):
It's not enough.
Speaker 1 (13:37):
So it's just that I don't like you talk to Okay,
you talk to a family law attorney.
Speaker 2 (13:41):
It's not complicated.
Speaker 1 (13:42):
You talk to a family law attorney, and that starts
the works going. You're making an argument to me, I
don't make that decision ever ever, Lorraine.
Speaker 2 (13:53):
Or yeah, I have that right, Lorraine, Yes, yes, ma'am.
Speaker 11 (13:58):
Okay. I live in an apartment building in Marina del Rey.
It's a building that you have to be sixty two
years old and up. I couple of months ago had
a well I broke my ankle in four places. Physical
therapy homes nursing has said that I need some grab
(14:19):
bars in the hour and the grab bar.
Speaker 10 (14:22):
Around the toilet.
Speaker 11 (14:24):
And my management here has been procrastinating. I called about it,
told them the situation and work orders. Oh, we'll put
in a work order. We'll put in a work order.
I kept calling nothing.
Speaker 2 (14:38):
Nothing again.
Speaker 10 (14:39):
Yeah, he asked me for a.
Speaker 11 (14:41):
Doctor's note that I need grab bars.
Speaker 10 (14:44):
Okay, called the surgeon's office.
Speaker 11 (14:48):
They wrote their very first note for a management in
an apartment building. This is the first time they've ever
been asked. I got it, gave it to them. They
didn't do it anything, and then I had to sign
for it. Went over and signed for it.
Speaker 10 (15:04):
That's all right, I got it.
Speaker 1 (15:06):
It made it difficult, all right, and they're still not
putting it in right after.
Speaker 2 (15:09):
It made you jump through all these hoops.
Speaker 11 (15:11):
No, now the last thing they said is they're sending
it to their main corporate office to get an Okay,
all right.
Speaker 2 (15:17):
So what I don't know, Yeah, Lorraine, what's your question?
Speaker 11 (15:22):
Question is are they supposed to be doing that in
a senior building or not? Yeah?
Speaker 2 (15:28):
I don't know.
Speaker 11 (15:28):
And if not, if I call someone in and have
them put it up, will I be sued for damaging
their water?
Speaker 2 (15:35):
No?
Speaker 1 (15:35):
No, no, you will not be sued for damaging that
you don't worry about the only issue is when you move,
they may remove the bars and repair the damage quote
damage of whatever the installation is, or you just leave
it there and they're okay with it. That you don't
worry about until you move out. And if you die there,
then you don't worry about it at all because you're
(15:56):
kind of dead at that point. The issue is I
don't know where they are mandated.
Speaker 8 (16:01):
The question is bill question.
Speaker 11 (16:04):
Other people in this building have gotten them.
Speaker 1 (16:07):
Okay, so how long have they did? So what you
have is you have a delay? All right, So now
they haven't put in. Yes, I understand, Lorraine, I understand.
Speaker 2 (16:18):
That they honestly do understand. Okay.
Speaker 1 (16:21):
So here is the issue is, first of all, everything
should be in writing because they're going to deny anything
regarding phone calls.
Speaker 2 (16:30):
You do you do not want phone calls.
Speaker 1 (16:32):
You want to put it all in writing, submit everything
and say I've asked you over and over again, and
you let them know if I am hurt, you guys
have bought the store.
Speaker 2 (16:43):
That's what you do.
Speaker 9 (16:45):
Uh.
Speaker 1 (16:45):
And unfortunately, there's nothing legal until you get hurt because
there was no bar there.
Speaker 2 (16:52):
And then that's the whole argument onto itself.
Speaker 11 (16:54):
My head open first and.
Speaker 1 (16:55):
Yeah, yeah, pretty much, yeah, yeah, pretty much.
Speaker 10 (16:59):
That yeah, and then that's a good law.
Speaker 2 (17:01):
And then you let them know that's the case. You
let them know. That's what I would do.
Speaker 1 (17:07):
Also, I would interrupt them just as much as you
do on a constant basis. I'll tell you what else
doesn't exist is your privacy online. That does not exist either.
If you think you have privacy, you're dreaming because all
of your information is out there on the internet. Your
home address, where you work, where you bank, what you buy,
where you buy it, court records, accident history, DMV information,
(17:31):
credit score. I mean, I could go on for an
hour on that one. It's all out there, very easy
to get. And it gets even worse than that, because
all that information that's out there and easy to get
is collected by hundreds of data brokers and.
Speaker 2 (17:44):
Then they sell it to anyone who wants to buy it.
Speaker 1 (17:47):
I can buy your information and it's not expensive, and
there goes your privacy. And if I'm a bad guy,
you're looking at some issues. So here's Incogniti. It's a
company that protects you. What they do is they contact
hundreds of these data brokers and legally demand your information
be deleted so it can't be used. That's what Incogny does.
(18:08):
And I have proof that it works because I'm a
customer and before the show, every show, I log into
my Incognitia account and I see hundreds of removal requests
have been completed, hundreds more are in progress and are scheduled,
and more are added. In Cogni is there to help
you keep your information well, at least not as vulnerable
(18:30):
as it is now. That's in Cogni I n cog
ni in Cogni dot com slash handle sixty percent off
when you use my name handle. That's in Cogni I
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Speaker 2 (18:46):
This is handle on.
Speaker 7 (18:47):
The law you're listening to bill Handle on Demand from
KFI AM six forty.
Speaker 1 (18:54):
Welcome back handle on the law. Bill handle here marginal
legal advice VICKI Hi, Vicky.
Speaker 9 (19:01):
Welcome Though if I sound nervous, I am no, I
don't worry about it.
Speaker 2 (19:06):
Please come on.
Speaker 1 (19:07):
Yeah, hundreds of thousands or millions of people want waiting
for you to screw up.
Speaker 9 (19:11):
So that's quite and I don't verbalize that well either,
But anyway, I'm going to I'm going to do my best.
Speaker 2 (19:17):
All right, So far, so good.
Speaker 9 (19:19):
Okay. My husband and I have had a long term
care insurance that we've been paying on for years, and
finally we got to use it, not really use it,
but the way the policy works is you pay out
of pocket for one hundred days and then after that
(19:42):
the insurance company kicks in and they pay you to
seventy five a day for your home care or whatever
kind of service you're using, whether it's rehab or assisted
living or whatever. So anyway, we had an accident and
we start we started using a home care service that
(20:04):
was certified for the state.
Speaker 1 (20:06):
Okay, so when the accident happened, it was while the
home care service was providing services.
Speaker 2 (20:13):
You were past that ever day.
Speaker 9 (20:15):
No, so we use the service for thirty three days, so,
which meant we had sixty seven days to go before
the insurance kicks in. And we started using another agency,
and they said they were accredited by the state, because
that's very important, and they were here for a total
of one hundred and eleven days, and I kept asking
(20:38):
if they were certified or credited. Oh, yeah, we are,
and they just kept putting me off, and I was
too stupid to really look into it myself, which I
should have done. My insurance company, our insurance company called
and said they were not credited. So all those days
that they were here, one hundred and eleven days, we
(21:03):
would not be reimburse.
Speaker 1 (21:05):
Oooh all right, So how much did that I up
costing you, Vicky?
Speaker 9 (21:09):
Probably around thirty thousand out of pocket?
Speaker 2 (21:12):
Okay, what does that mean out of pocket?
Speaker 1 (21:16):
If they're saying they were credited, the state paid for them, correct,
for the first hundred.
Speaker 9 (21:22):
Days the state, the state does not pay anything.
Speaker 1 (21:24):
Okay, so the insurance Hang on it, hold on, did
the insurance company pay for one hundred days?
Speaker 9 (21:31):
No?
Speaker 2 (21:32):
Who paid for it?
Speaker 9 (21:33):
We did?
Speaker 2 (21:34):
Or the whole hundred days?
Speaker 9 (21:36):
All of it Okay, well, except for the first thirty
three days that we had an accredited state, accredited agency,
then we only had sixty seven days to go before
the insurance company would start paying.
Speaker 2 (21:49):
All right, So what what is your question? I kind
of got it.
Speaker 9 (21:52):
My question is insurance company called me and said that
the agency that we were using were not accredited. So
therefore none of those days that they worked for US
one hundred and eleven days would not go towards our
one day.
Speaker 2 (22:08):
All right.
Speaker 9 (22:10):
So my question is they gave me a statement which
totals around forty dollars.
Speaker 1 (22:17):
Okay, you're talking about the home care service provider gave
you a statement credited care.
Speaker 2 (22:24):
Oh got it? What's your question, Vicky?
Speaker 9 (22:26):
Okay, I don't know if I should pay this or not.
Speaker 2 (22:29):
I'm really oh absolutely not. Oh no no no, VICKI
you don't pay it.
Speaker 1 (22:32):
Oh no, no, no, no, you don't pay it because
the law says they have to be accredited.
Speaker 2 (22:36):
So what they did is basically defraud you.
Speaker 1 (22:39):
And beyond that, what I would do is consider them
for all of the money that you paid out of pocket.
Speaker 2 (22:46):
Because they violated the law.
Speaker 1 (22:48):
Now, the fact that you were an idiot, that's true,
you were an idiot. However, you didn't violate the law.
What you did is you're guilty of being an idiot.
They are guilty of fraud. And I think you have
a lawsuit against them for the entire amount of money
because if they have to be accredited and they said
(23:10):
they're accredited there and otherwise they wouldn't get the money,
I'd go for it.
Speaker 2 (23:16):
So yeah, certainly don't pay them. Certainly not.
Speaker 9 (23:20):
It came down to it one night we had this
conversation and they said, well, yeah, we're licensed. You know,
we get a license for every city that we work in.
And I said, well that's not what you need.
Speaker 1 (23:30):
Then okay, they're going to argue with you about the law.
If you know that they have to be accredited and they're.
Speaker 2 (23:35):
Not, where are they going to go with that one?
Are they going to go if the.
Speaker 1 (23:38):
Law says, if the rules are you have to be
accredited and you're not accredited, now where do you go
with that? There's no place they can go, So sue
them and certainly certainly don't pay that bill.
Speaker 2 (23:54):
I wouldn't John, Hello, John, welcome.
Speaker 10 (23:58):
I'd bill, Hey, I go to couple judgments against me
approximately twelve years ago. One of them I really never
I never got served on, so I never went to
trial on that one. The other one was to my house.
Now I went back to the county to see if
he reaffirmed them, and the one that was with my
house he did not, and he just let it drop.
(24:21):
But heard so he.
Speaker 2 (24:23):
Let it wait. Hang on a minute. So the.
Speaker 1 (24:28):
Lawsuit is over at the end of ten years, or
it's not lawsuit, because what it is is the judgment
ends at the end of ten years.
Speaker 2 (24:39):
They got a judgment on you.
Speaker 1 (24:41):
Yes, okay, they got a judgment, and then that goes
for ten years, and then at the end of ten years,
if they don't reaffirm it, there's no judgment, it disappears.
Speaker 10 (24:54):
Okay. So one of them, the guy I went to
trial with, he never reaffirmed it, so it's dropped.
Speaker 2 (25:00):
Okay.
Speaker 10 (25:00):
Apparently a credit card a credit card company sued me
as well at the same time. Now, they never served me,
so I never went.
Speaker 1 (25:08):
To That doesn't that doesn't You can say they never
serve you.
Speaker 2 (25:12):
Uh, but they there was a judgment.
Speaker 10 (25:16):
Someone came in with a pistol was a judgment, okay.
Speaker 1 (25:20):
John, Someone came in with a proof of judgment to
the court.
Speaker 10 (25:24):
Okay, So anyway, I kind of knew about it.
Speaker 2 (25:27):
A tournament hold on.
Speaker 1 (25:28):
There is a document on file in that case in
which it says you have been served.
Speaker 10 (25:36):
Well, it's fraud fraudulent, Okay, I guess.
Speaker 2 (25:38):
They that's possible, that's possible. How do you prove it?
Speaker 10 (25:43):
Well, how do they prove it?
Speaker 1 (25:44):
They don't have to because they've already proved it. They
have they have a document that says you've been you've
been served.
Speaker 10 (25:50):
Okay. Do they have to come up with that documentifuse
to ask for it?
Speaker 4 (25:55):
Yeah?
Speaker 2 (25:55):
Probably?
Speaker 10 (25:56):
Yeah. What did it was? They tried to? They served
me through the mail, certified mail, and I just was
never around to sign for it, and I.
Speaker 2 (26:03):
Never went down.
Speaker 1 (26:04):
If they served you through If they serve you through
the mail, that's not service.
Speaker 10 (26:08):
That's why I agree.
Speaker 2 (26:11):
In the file there.
Speaker 1 (26:13):
Is a document that says you have been served legally,
either a marshall serve you or a process server serve you,
or a third party served you, and says, under the
penalty of perjury, I have served John. And based on that,
what happened was the default judgment was rendered against you,
(26:37):
and that judgment is good for ten years now, is it?
It could be, John, It could very well be fraudulent.
I mean, you just don't ever know. Plenty of fraud
happens to that.
Speaker 10 (26:52):
Is that is that an avenue I should pursue?
Speaker 2 (26:55):
Yeah, I would if you can prove that.
Speaker 10 (26:58):
How do you prove that?
Speaker 2 (27:00):
You look at the date and you show I wasn't
naming in town.
Speaker 10 (27:05):
Like they did it through a certified mail if they.
Speaker 2 (27:09):
Did it, hold on, if look at the document.
Speaker 1 (27:12):
I keep on telling you what they wouldn't even put
down that they did it by certified mail, because that's
not service.
Speaker 10 (27:20):
Okay.
Speaker 2 (27:21):
Service is headding a lawsuit to you in your grubby hands.
That is service.
Speaker 10 (27:29):
Okay, my my real The reason I really called is
can I go bankrupt on this now?
Speaker 2 (27:35):
And just yeah, you can go back away anything. Of course.
Speaker 10 (27:38):
Now I'm making a little more money now than I
used to ten years ago. I should have done this
ten years ago. But it doesn't matter, doesn't matter.
Speaker 2 (27:46):
It doesn't matter now.
Speaker 10 (27:48):
How much money doesn't matter.
Speaker 1 (27:50):
Let's say I'm making depends on how how much money
you're making, what your assets are, and how big the
debt is.
Speaker 10 (27:58):
How much do you has grown to I think the
debt has grown to now over a Hunters sound.
Speaker 2 (28:03):
Okay, lawyer, how much do you earn?
Speaker 10 (28:06):
John, I probably earned about sixty a year.
Speaker 2 (28:10):
Yeah, you can go bankrupt. You can go bankrupt on it.
Speaker 6 (28:12):
Cool.
Speaker 2 (28:13):
Yeah, talk to yeah, talk to a bankruptcy attorney. That's
the easiest way to go. This is Handle on the Law.
Speaker 7 (28:21):
You're listening to Bill Handle on demand from kf I
am six forty.
Speaker 1 (28:29):
This is Handle on the Law Marginal Legal Advice.
Speaker 2 (28:35):
Albert, Hello, Albert.
Speaker 10 (28:37):
Yeah, yes, oh yeah, hello, yes here.
Speaker 4 (28:43):
Yeah. My question relates to personal injury case. After my
case was settled, finally the chiropractor got too much on
my proceeds, got half of my Knitt settlement proceed amount. Okay,
(29:07):
And at first the attorney of giving me hold give
me the option to send the chiropractor to check that
I didn't take advantage of that.
Speaker 2 (29:25):
Well, what would send the chiropractor the check? The check
for how much was it?
Speaker 1 (29:30):
And I don't understand why the the the attorney didn't
didn't pay the chiropractor out of the proceeds. He said,
you can pay him.
Speaker 4 (29:39):
Yeah, because he was asking for too much money.
Speaker 2 (29:41):
And okay, all right, So he said, you negotiate with
a chiropractor.
Speaker 1 (29:45):
All right, So the attorney didn't do his job, or
you didn't let the attorney do his jobs. Okay, so
you're now being billed by the chiropractor and you're supposed
to pay wi effectively is half.
Speaker 2 (29:55):
Of the proceeds?
Speaker 4 (29:58):
Let's paid out of the pro it's by the attorney.
Speaker 2 (30:01):
Okay, how do you know it's too much?
Speaker 4 (30:04):
Half? How many proceeds?
Speaker 1 (30:05):
It doesn't matter. How much was the bill? How much
did he bill you for the sessions?
Speaker 4 (30:11):
At first? He built for thirty nine thousand at first?
Speaker 2 (30:15):
How many sessions did he do?
Speaker 4 (30:20):
Hommony sessions? About a year?
Speaker 2 (30:22):
About a year? And what was it? How many days
a week?
Speaker 1 (30:27):
Twice twice a week, so one hundred sessions. Basically, if
you're going twice a week for a year, one hundred sessions.
Speaker 2 (30:35):
And it was thirty nine thousand dollars. Yeah, that's what
he wanted, you know, I understand.
Speaker 1 (30:42):
So that's three hundred and ninety dollars per session. Yeah,
it seems high, it doesn't seem crazy. So he wanted
thirty nine thousand dollars. How much did the lawyer end
up paying him? Seven two hundred and you think seven
thousand two hundred is too.
Speaker 8 (30:59):
Much, yes, because you know if.
Speaker 2 (31:03):
Brian doesn't work that way. Brian, it doesn't work that way.
Speaker 1 (31:07):
The attorney gets a percentage, the medical provider just gets
with the medical provider charges and it could be three
quarters of the amount you get. So you can't think
of percentage and you can think, oh you want, well
it's half of what I got. Okay, So what those
are the medical bills? Let me ask you a question.
(31:28):
Let's say there's a two hundred and fifty thousand dollars
you get in a car accident.
Speaker 2 (31:33):
That's two fifty five hundred.
Speaker 1 (31:35):
That's my insurance is two hundred and fifty five hundred
thousand dollars. So I end up getting in a car
accident and I wipe you out. I mean, you have
surgery after surgery, and you end up with five hundred
thousand dollars worth of medical bills. Well, that eats up
the entire amount of money that's paid on the insurance company.
(31:57):
What do you say, Oh, no, I don't want bill
to have that much money. It's too much of my money.
It's all of the money.
Speaker 2 (32:03):
Okay, who cares? That's how much the medical costs. So
you're out of luck. You have no case. Everybody thinks
in terms of percentages.
Speaker 1 (32:16):
And if the lawyer got him down to seventy two hundred.
Speaker 2 (32:19):
Dollars, wow, that is that's almost no money.
Speaker 1 (32:26):
And on top of that, that means that he probably had.
Whoever was in the car accident, assuming it's a car accident,
I had minimum insurance fifteen thirty fifteen thousand dollars per recurrence,
thirty thousand aggregate, and so he probably got fifteen. There
was a fifteen thousand dollars, fifteen thousand dollars settlement and
the insurance company wrote out the entire amount, and the
(32:48):
chiropractor went from this exorbitant, the huge amount of money
down to seventy two hundred for a year.
Speaker 2 (32:54):
Which is nothing. So he's pissed off.
Speaker 4 (32:56):
Fine.
Speaker 1 (32:57):
Oh, by the way, the minimum insurance, I want to
point this out, fifteen thirty.
Speaker 2 (33:02):
You can't fix a bumper.
Speaker 1 (33:03):
Today for fifteen thousand dollars, and that hasn't changed in
fifty years. You would think that you have a lot
more to play with. They would cost a lot more. Nope, Marty,
Hello Marty.
Speaker 6 (33:18):
Hi, Hey, I'm looking for your thoughts on recourse I
might have against a very well known sandwich shop that
has had not been honoring their online discounts. Here's the background.
This shop happened to be in a remote location. This time.
I'd ordered online for a discount, and when I went
(33:39):
to close that order, they said, oh, we don't participate
on that discount, so all right.
Speaker 1 (33:44):
Did the promotion say participating locations?
Speaker 6 (33:48):
It did. However, after about three or four transactions, I
talked to the manager of that store and they said, oh, no,
we are participating in that, all right.
Speaker 1 (33:57):
So all right, so they say you are in the
documents say as it's only a participating locations.
Speaker 2 (34:02):
Okay.
Speaker 1 (34:03):
So the manager says that they participate, all right.
Speaker 2 (34:06):
So what happened?
Speaker 6 (34:08):
So they said The manager at the store said, you
got to get online. We can't handle that there. So
I did that online operations manager, I guess got back
and said, hey, sorry, but we can't issue refunds for
multiple trends.
Speaker 1 (34:21):
Okay, I don't understand issue refunds for what did you
buy the sandwich?
Speaker 6 (34:27):
I bought the sandwich, took back theater to say, hey,
I did.
Speaker 1 (34:30):
Okay, and you wrote and you wrote and you said
the manager said that we honor that. The manager is
going to lie about that, by the way, he's going
to have said, I never said that.
Speaker 2 (34:38):
So you are at this point.
Speaker 1 (34:41):
You bought a sandwich, they didn't honor the discount, and
on top of that, you how much were you screwed
out of?
Speaker 2 (34:50):
Money wise? How much would you have how much would
you have saved had they honored the discount?
Speaker 6 (34:58):
Fifty dollars?
Speaker 1 (34:59):
There's your lawsuit against fifty dollars of sandwiches.
Speaker 6 (35:04):
Yeah, I was over about four different transactions over the course.
Speaker 1 (35:06):
Wait a minute, the second, Wait a minute, the second
that they didn't honor it. Why didn't you do something
about it? Why did you wait for four purchases?
Speaker 6 (35:16):
Because each time I went in, the employee was there,
said hey, yeah, we're in a small town and we
can't I guess we can't afford to do those promotions.
It was only that fourth transact, fourth visit that the manager.
Speaker 1 (35:29):
Was there, okay, and he said that we do honor it,
which again he's not going to say we did.
Speaker 2 (35:33):
So let me ask you this question.
Speaker 1 (35:37):
For you were overcharged by what twelve dollars per purchase?
Speaker 2 (35:43):
So what is it that you purchased a sandwich?
Speaker 6 (35:47):
Correct?
Speaker 2 (35:47):
Okay? So how much was the sandwich.
Speaker 1 (35:51):
Twelve dollars and they so they basically charged you twenty
twenty four dollars for the sandwich, right.
Speaker 6 (36:00):
Correct, So there's a buy one, get one free.
Speaker 2 (36:02):
Oh, hold on a minute, Hold on a minute.
Speaker 1 (36:04):
Okay, so you ended up paying you had to pay
twenty four dollars for the sandwich for the two sandwiches,
right correct.
Speaker 2 (36:12):
Okay, but if they don't honor it, if the if, the.
Speaker 1 (36:16):
If the store clerk says, no, we don't honor this,
why would you buy two sandwiches?
Speaker 6 (36:24):
Because it was an online order so I had to
order it online.
Speaker 2 (36:27):
And ah, okay, got it? All right, all right, that's fair, Yeah,
all right. Yeah, I think you can take the court
for fifty bucks.
Speaker 1 (36:35):
I also think the manager is going to lie and
say no, I never said that. And I think that
the employee is going to say, yeah, we told them
that we don't honor it. I think there's a defense
that they have or may not have. So, you know, yeah,
for I think it's worth it for fifty bucks to
spend the day in trial and probably and a good
(36:57):
chance you lose. Why the hell not, you know, if
you've got nothing else to do, and you enjoy going
to small claims.
Speaker 2 (37:03):
God bless you.
Speaker 1 (37:04):
Now you may want to find out that there's a
small there's a class action suit out there, and what
we'll do in the settlement is you will probably get
if it settles and there's enough people out there and
a law firm takes it. My guess is you will
probably get a coupon for four sandwiches at best, maybe
(37:28):
two sandwiches.
Speaker 2 (37:30):
Okay, all right, so there it is. Okay.
Speaker 1 (37:33):
At some point you just you know, get a life.
Does that make fair? Is that fair?
Speaker 2 (37:38):
Okay?
Speaker 1 (37:39):
Before we bail, a little bit about your privacy online?
What privacy online? It doesn't exist because everything about you
is out there and available online. I can find out
your home address, where you work, where you bank, what
where you buy, what you buy, court records and insurance
(38:00):
company records, DMV information, credit score, your social media. I mean,
I could do that, and the bad guys go out
there and do that too, because not only is your
information available, but there are data brokers that collect that
information and then sell it. They'll sell it to anyone
who wants to buy it. And there you are a
little vulnerable. You think, well, in Cogni is a company
(38:22):
that comes in and actually fights back, defends you. And
what they do is they contact hundreds of these data
brokers and legally demand that your information be deleted, be scrubbed.
That's in Cogny, and I am a customer. Before every show,
I log onto my Incogniti account and they are hundreds
of removal requests have been completed, hundreds more are in
(38:43):
progress and scheduled. It changes because they're finding more all
the time. And the bad guys come aboard and start
and in Cogni shuts them down. So in COGNI get
sixty percent off when you use my name handle go
to Incogni, I, NCOG and I in cogny dot com
slash handle. In cogny dot com slash handle, this is
(39:07):
handle on the law.
Speaker 2 (39:10):
You've been listening to the Bill handle show.
Speaker 1 (39:12):
Catch my show Monday through Friday, six am to nine
am and anytime on demand on the iHeartRadio app
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