Episode Transcript
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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 app. This is
Handle on the Law Marginal Legal Advice, where I Bill
Handle tell you, whatever your name is, you have absolutely
no case and I love it when I can tell
you that.
Speaker 2 (00:21):
So there we go, lots and lots of fun. Sandy. Hello, Sandy,
welcome to Handle on the Law.
Speaker 3 (00:32):
Thank you. My question is my mother passed away and
left the house to both my brother and I given
my brother the option if he wanted to stay in
the house, he has to pay me out the half
the value of the house. He can't afford it, so
then this her trust said, then he has to sell
(00:52):
it and give me half of the value. Now, who
has the right to pick the real estate agent because
he doesn't want you?
Speaker 1 (00:59):
That's a great question. Okay, yeah, no, what Here's what
I suggest. Let's get practical and let's get legal.
Speaker 4 (01:07):
Right.
Speaker 2 (01:08):
Practically speaking, you sit down and.
Speaker 1 (01:10):
You guys decide a real estate agent that you're both
going to be happy with.
Speaker 2 (01:16):
That's the practical approach.
Speaker 1 (01:18):
Now, if you don't agree with him, or he doesn't
agree with you, then what you do is actually file
a partition to force the sale of the house and
the two of you split the money, and if you
can't agree on the real estate agent, the court will
(01:40):
order a real estate agent. The court then chooses, and
you guys are out, and you're out a ton of
money because of the cost of filing a partition. That's
a full blown lawsuit that has to be filed. So
now let me ask you, this is your brother that
adamant about not agreeing with a real estate agent that
(02:03):
the two of you find or is this just a
legal question that you have.
Speaker 3 (02:09):
He's going to be more on the adamant side because
he wants to do what he wants to do, thinking
that the house is less value than a real estate
agent that I have has told me it's worth.
Speaker 1 (02:21):
Well, then that's the other issue, because both of you
are entitled to it. You just say no, just say no,
not going to choose your real estate agent.
Speaker 2 (02:30):
Not going to happen.
Speaker 1 (02:32):
And so let's go ahead and go to court if
it's worked for it, And what's the difference in terms
of what your real estate agent says and his real
estate agent? What's the difference one hundred thousand dollars that's
a chunk of money.
Speaker 2 (02:44):
That's a chunk of money.
Speaker 1 (02:45):
Now, why you don't go with the real estate agent
that thinks it's worth one hundred thousand dollars more?
Speaker 2 (02:51):
Why is that, Sandy?
Speaker 3 (02:54):
No, I want one hundred thousand dollars more. He wants
one hundred thousand dollars less.
Speaker 1 (02:59):
Ah, okay, So then you ask him, why would you
sell it for one hundred thousand dollars less than we
can get for it?
Speaker 5 (03:06):
Brother, he wants to go to it with a friend
of the same.
Speaker 2 (03:11):
Okay, there it is. Okay, he wants to go to
with a friend.
Speaker 1 (03:13):
You say no, okay, and you tell him, if it's
that important to you, go ahead and file the partition
or I file the partition, and let's spend thousands of
dollars in court and the judge is going to decide
which real estate agent go ahead, knock your socks off.
And maybe he's maybe he's crazy, maybe he's crazy enough
(03:35):
to do it. But you can also tell him, hey,
your guy is not going to get it anyway. So
we don't decide on who it is, and we don't agree,
we go to court.
Speaker 2 (03:44):
He's not going to get it no matter what.
Speaker 3 (03:47):
Okay, Yeah, I'll definitely tell him that.
Speaker 2 (03:50):
Yeah, that's what you want to tell him. You know,
people have friends and they want to sell it.
Speaker 1 (03:56):
Yeah, okay, Mina, Hi, Mina, welcome to handle on the laws.
Speaker 6 (04:04):
Hi, hi.
Speaker 2 (04:07):
Question.
Speaker 7 (04:07):
I have the multi practice of my eye lift surgery,
which is I did down twenty twenty three and one
of my eye stays open and that don't cost dryness.
So every night I have to put a tape on
it closed to slip.
Speaker 2 (04:24):
Wow.
Speaker 7 (04:24):
And I went many doctors.
Speaker 8 (04:26):
Yeah, I went.
Speaker 1 (04:28):
Okay, you went to many doctors. And what happened with
many doctors.
Speaker 7 (04:33):
Many doctors, they went to throw any solution on it.
They said, you cannot do it unless you're gonna put
a skin graft, which is a skin draft is gonna show,
it's gonna show all the skin because that the skin
is totally different.
Speaker 1 (04:50):
Okay, well you're telling me they're going to get a
different color of a skin graft. That guy's kind of
interesting because the skin graph comes from your.
Speaker 7 (04:58):
Body, yes, says any part of your body's take their
skin obviously is gonna shows the scar on it. All right, Okay,
it's going to be different. Okay, so it's going to
be another ugly things. Decide I want to be a
eyelid surgery. It has a cosmetic surgeon. Now you're going
to put the graft on it, so it's going to
be shows on it, all right?
Speaker 2 (05:20):
You get what you have is a medical malpractice issue. Minute.
It's a medical malpractice issue.
Speaker 1 (05:25):
And part of your damages, Uh, not only is the
eyelid that you have to tape open, but also part
of your damages is that, uh the skin graft that
they're talking about is going to be a different color.
And that is a pretty serious issue because we're talking
about your face, and when faces are disfigured, it's a
(05:46):
real issue. Meana, how how how ugly are you? I
just want to ask that would you would you consider
would you consider yourself attractive or not so attractive? Practice attractive?
Speaker 2 (06:01):
Okay?
Speaker 1 (06:03):
Based on friends, family pictures, looking at yourself in the
mirror when you wake up every morning, on what basis
do you view yourself as attractive? And actually, there's there's
a reason I'm saying that. I know it sounds ridiculous,
but there actually is an underlying reason.
Speaker 7 (06:17):
It's very ridiculous. Every night I have to put.
Speaker 1 (06:21):
I don't care about that I'm asking you. I understand
those are the damages. I get that we're How good
looking are you? Is the question here?
Speaker 7 (06:30):
It's my eyes, just one of them is a bigger
than daughter one.
Speaker 2 (06:33):
Okay, in general looking, how good looking are you? I'm
going to ask this one last time overage average. Okay,
So here is why I ask.
Speaker 1 (06:44):
The better looking you are, the more money you get
for disfigurement. For example, let's say you are a model
and this happened to you. The amount of money is
astronomical that you're going to get if you are if
you if you are incredibly ugly and you're in front
(07:04):
of a jury. You know, let's say I'm a jurichow.
She was ugly to begin with. This isn't gonna hurt her.
And there's all of that in the middle. So the
point is, you need what you need, all kidding aside
a medical malpractice attorney, and your damages seemed to be
they're pretty good there. I think you've got dependent on beliability.
(07:26):
You went to a medical malpractice.
Speaker 7 (07:29):
None of the attorneys, none of you got me.
Speaker 2 (07:35):
You got me. Something else is going on, minu.
Speaker 1 (07:38):
Something is going on where no attorney is willing to
take the case. Based on what you said, it seems
to me there's a decent case there.
Speaker 2 (07:46):
So I don't know. I do not know the answer.
This is Handle on the Law.
Speaker 9 (07:54):
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 1 (08:01):
This is Handle on the Law marginal legal advice, where
I tell you you have absolutely no case.
Speaker 2 (08:09):
Holly, Hello, Holly Hey.
Speaker 10 (08:12):
My father in law died in twenty seventeen. He was
married for the fifth time, and they had a trust
between them, and then we were.
Speaker 1 (08:23):
Wait, wait, wait, who had a trust between them?
Speaker 10 (08:29):
My father in law and his new wife got it.
Speaker 1 (08:31):
They had a trust, or they were trustees of a trust.
Who were the beneficiaries under the trust?
Speaker 10 (08:38):
My husband was first and then her daughter was second.
Speaker 1 (08:43):
Okay, does that mean your husband got all the money
and in the event he's dead, it goes to her daughter.
Speaker 2 (08:48):
Is that right?
Speaker 10 (08:50):
We kind of took it as it was split between
the two.
Speaker 7 (08:54):
Okay.
Speaker 2 (08:54):
Do you have a copy of the trust?
Speaker 7 (08:56):
We do?
Speaker 1 (08:57):
Okay, all right, so that's an interpretation of the trust.
We're not going to go through it because I don't
have a copy in front of me, and I don't
want to analyze it because I'm probably wrong anyway, No
matter what I would say, it's going to be all
right with that in mind.
Speaker 2 (09:14):
So she dies, right.
Speaker 6 (09:18):
She died.
Speaker 10 (09:19):
We didn't know it, but we got a call from
collection agency. Okay, from my husband.
Speaker 2 (09:25):
Okay, Well, let's you know.
Speaker 1 (09:26):
You're not at this point, you're not responsible for anything
the trust is. You're not responsible for the debts of
anybody else. Although if the what she owned was in
the trust, what they owned is in the trust, that's liable.
Speaker 2 (09:41):
Now you're the trustee. Who's left? Is is him? Your dad?
Speaker 7 (09:46):
Right? No?
Speaker 11 (09:48):
My husband?
Speaker 2 (09:49):
Oh, you're no. Who's the trust lay?
Speaker 1 (09:51):
Now?
Speaker 10 (09:53):
Well, my father in law died in twenty seventeen.
Speaker 2 (09:56):
She died.
Speaker 1 (09:57):
Okay, now hold on, So now you you have one
dead trustee and you have a second dead trustee, so
all the trustees are dead. Is there a successor trustee
named anywhere in the trust?
Speaker 10 (10:13):
I'm assuming that's my husband.
Speaker 1 (10:16):
Well, it has to be named. He's got to be named,
as he's in there as a beneficiary or is a
successor trustee or.
Speaker 10 (10:27):
Both that I don't know.
Speaker 1 (10:30):
You have to know that, and I'll tell you why,
because he is able to be both the trustee. Because
now there are no trustees left, assuming that the assuming
that everybody.
Speaker 2 (10:41):
Agrees, and if not, the court's going to name a trustee.
That's what happens.
Speaker 10 (10:46):
The court names that.
Speaker 2 (10:46):
If there's nobody think.
Speaker 10 (10:48):
We think she might have canceled the trust because it
was revocable and put everything in her name, but we
can't be sure of that. But they sold the house,
all okay?
Speaker 1 (10:59):
How much?
Speaker 2 (10:59):
My yeah, I got it, all right, you got you
gotta mess on your hands? How much? How much of
the house sell for?
Speaker 10 (11:06):
Seven?
Speaker 2 (11:07):
Okay? Uh? And was there a mortgage on the house?
Speaker 10 (11:11):
I don't think If there was, it was very little
into all right.
Speaker 1 (11:16):
So you've got four hundred thousand dollars sitting there, and
you think that he, as the trustee, took all the
money and didn't distribute the money pursuing to the trust.
Speaker 2 (11:26):
That's what you're.
Speaker 10 (11:27):
Thinking, right, I think she did that.
Speaker 2 (11:30):
Okay, it doesn't matter. Okay, So you think she did that.
Speaker 1 (11:34):
And she was a trustee, but she died first, that's
kind of impossible.
Speaker 2 (11:39):
No, I'm trying to get the timeline.
Speaker 10 (11:42):
My father in law died in twenty seventeen.
Speaker 1 (11:44):
We just found out, okay, in the see Okay, then
she did, all right, got it. I'm there's too many
people here confusing me. In timel was confusing me.
Speaker 2 (11:51):
All right.
Speaker 1 (11:52):
With that being said, it's worth it hiring a trust
and estate lawyer just to look into it and start
making demands, writing a letter, you know, to the trustee,
writing a letter to her and saying, hey, I want
a full accounting, particularly if you guys are beneficiaries under
the trust and you have a copy of the trust
that says your but your beneficiaries under the trust unless
(12:12):
your dad in the trust leaves everything to her.
Speaker 2 (12:16):
Does the trust say that? Does the trust say it
all goes to her?
Speaker 10 (12:21):
It all goes to her, and then when she dies,
it goes to the next perst.
Speaker 1 (12:26):
Okay, she can spend what she can do whatever she
wants with that money, whatever, whatever, she can do, whatever
she wants.
Speaker 2 (12:33):
And we don't. That's right.
Speaker 10 (12:36):
What about what's left.
Speaker 2 (12:37):
It doesn't matter.
Speaker 1 (12:38):
She can know, well whatever's left, then then the balance
goes to the people that are beneficiaries. But if she is,
if everything goes to her, like my trust, my family
trust with my ex that I'm changing right now, it's
real simple. Uh, If I die, it all goes to her,
and she can do whatever the hell she wants. I've
named successor trustees, I've done everything, you know, I've got kids,
(13:00):
I've got whatever. She can do whatever she wants with
the money. If she dies, it all goes tom. It
all goes to me. Yeah, it's not screwing, it's what
she wants to do with the money. It's her money.
Speaker 2 (13:11):
It's her money, Holly.
Speaker 1 (13:13):
So if let's say my ex dies, we still have
the trust, Well we're changing. My ex dies, all the
money goes to me. Everything in the trust goes to me.
The fact that they're kids, whatever, it doesn't matter because
the way the trust is written. That's the way most
trusts are written between husband and wife. So if she dies,
it all goes to me. I can do anything I
(13:33):
want with it. But Bill, you have kids, and your
trust says it goes to kids. Too bad? Too bad.
You know what, I'm gonna screw the kids. I'm gonna
leave all my money to the whales. But Dad, you
hate the whales. I do hate the whales, but I
don't care. Okay, so you have to What I would
do is is at least talk to a trust and
(13:54):
a state lawyer.
Speaker 2 (13:54):
Figure this out because there's enough money there. Bill. Hello, Bill, welcome. Hi, Yeah, Bill,
go ahead.
Speaker 5 (14:06):
My question is my friend is living at her mom's house.
Her mom's name's on the lease. The landlord served eviction
papers but has not physically served the mom. He just
taped them up on the fence. And now she's got
a five day sheriff's notice to vacate the premises. So
what can she do?
Speaker 1 (14:23):
Well, try to try to stop it by arguing that
she wasn't properly served. Now there is a document in
the file from a process server that says, here is
when I served her. Okay, you can't go forward without
appropriate process. So if she hasn't been served, then one
(14:45):
of two things happened. She hasn't been served and he
just lied about it, or he never even went out
and did server or tried to serve her. He just
they just made it up, which sometimes happens process servers.
Sometimes they get paid to to serve lawsuits.
Speaker 2 (15:03):
And when I first started practicing law.
Speaker 1 (15:06):
There was one that I knew who did that and
got tagged for it and and and should have. So
she has to go and she got an in attorney
on this one because she has to do a motion
to quash the entire lawsuit based on poor based on
bad service, she should pull well five days to get out.
Speaker 2 (15:28):
So there's clearly an eviction order. Did she ignore that?
Speaker 1 (15:33):
By the way, did she answer the complaint? Was she
ever served at all?
Speaker 5 (15:38):
No, the mom's moved out of state, so they can't
serve her. They don't know where she's at. But the
daughter's living there.
Speaker 2 (15:46):
And it's just a mom who is being evicted.
Speaker 1 (15:50):
Yeah, well then okay, so mom's been evicted. What does
that have to do with the daughter?
Speaker 5 (15:56):
Right, Well, she's worried as she got the notice from
the sheriff's the other Yeah.
Speaker 1 (16:02):
But on behalf of the mother, right, or to say
all tenants, just on them.
Speaker 2 (16:06):
Just the mom's name is on it, right its Oh okay,
then that's a problem. Then there has to be a
lack of Ooh, it's a problem. It is a problem.
Speaker 1 (16:17):
So, and you're saying that the daughter was never served
under any circumstances.
Speaker 5 (16:23):
No, the mom's name's on the lease, but the daughter's
living there. So the daughter the landlord placed the papers
on the spend.
Speaker 2 (16:31):
No, I understand.
Speaker 1 (16:33):
Okay, Well, she's got to talk to a landlord tenant
attorney because she's got five days and the sheriff will
come out and it's it's it's it's complicated, it's technical,
it's a motion to quash the entire lawsuit based on
no service, and it's I mean, the court will hear it,
and they're pretty good about believing that, and then the
process server has to come in and testify. But she's
(16:54):
going to need some help otherwise the Sheriff's going to
come out and she's tossed, absolutely gone. All right, let
me talk about privacy for a moment. In privacy online,
there isn't any everything. I mean, everything about you is
available out there. Your home address, where you work or
you bank, what you buy, where you buy it, court records,
(17:14):
accident history, DMV records, your credit score, social media. I
go on for an hour. It's all out there and
it's not very hard to get. And that even gets
worse than that because all the information that is out
there is collected by hundreds of data brokers, hundreds of
data brokers, and then gets sold to anyone wants to
(17:34):
buy it.
Speaker 2 (17:35):
Even the bad guys.
Speaker 1 (17:36):
This is where incogny comes into play and fights back.
What incognity does is contact hundreds of these data brokers
and then legally demands your information be deleted. That's what
incognate does, and cogny absolutely works. I'm a huge fan.
Before the show every show, I log onto my incognity
account and there they are hundreds of removal requests have
(17:57):
been completed, hundreds more are in progress, and they tell
me about it all the time every day. Actually, in
Cognate has helped hundreds of thousands of people. So why
don't you take a little bit more control, a lot
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h A N D E L. So go do incogny
(18:17):
I N C O G N I in cogni dot com.
Slash handle in cogny dot com slash handle.
Speaker 2 (18:26):
This is handle on the law.
Speaker 9 (18:28):
You're listening to Bill handle on demand from KFI A
M six forty.
Speaker 1 (18:34):
Welcome back, Handle on the Law, marginal legal advice. Oh okay, Bob,
Hello Bob, welcome.
Speaker 8 (18:43):
Hey Bill. Yeah, Hey, I've got a little situation with
a real estate problem. I've got a tenant that walked
out on a lease and net I'm not exactly sure
how to handle this. She's walked down on like seven
months of rent. Okay, how much is that re rented
(19:07):
the place?
Speaker 2 (19:08):
Okay?
Speaker 8 (19:09):
The show heows us really for the vacancies.
Speaker 1 (19:11):
That right, that's true. It she owes you just for
the Vacancy's good for you. You understand that. How much
is that?
Speaker 2 (19:18):
Bob?
Speaker 8 (19:20):
Well, when you're total it all up, you take the
rent minus her security deposit, plus have a little bit
of cost, and plus.
Speaker 1 (19:29):
The all right, how much is that when you okay,
when you take into account the security deposit that you
were hanging into, how much are you out of pocket
including the part that the place was vacant?
Speaker 2 (19:42):
Total all that out.
Speaker 8 (19:44):
Seven thousand dollars.
Speaker 2 (19:45):
Okay.
Speaker 1 (19:46):
Now you've got an issue going on your hands because
it's too much money for small claims court because there
is twelve five hundred dollars if you're in California and
you can look it up any other state. And then
the issue becomes a it's not enough really for to
hire a lawyer.
Speaker 8 (20:03):
All right?
Speaker 1 (20:05):
And by the way, does she have the money to
pay you assuming you get a judgment?
Speaker 6 (20:08):
Yeah?
Speaker 8 (20:09):
Okay, she bought the house.
Speaker 1 (20:12):
Okay, So you know what I would do is in
your lease. I'm sure it says there's a prevailing attorney's clause.
Most do that says in the event someone loses, the
other side pays the attorney's costs. So what I would
do is, at this.
Speaker 8 (20:26):
Point it was we're on the standard car.
Speaker 2 (20:30):
Yeah, okay, there's a prevailing attorney's clause.
Speaker 1 (20:32):
If you're on the standard clause, yeah, there always is,
which says if I sue you and I win, you
pay my attorney's fees in addition to.
Speaker 2 (20:41):
The whatever judgment I get.
Speaker 1 (20:43):
And the same thing on the other side, if you
lose and the other party wins, the same thing is
you get to pay their attorney's fees. Okay, for twenty
seven thousand dollars, you're sort of stuck between kind of
a rock and a hard place.
Speaker 2 (20:56):
That's a sweet spot for not being a.
Speaker 1 (20:58):
Good place in So what I would do is file
a lawsuit for the amount of money. The twenty seven
to five hundred dollars. Twenty seven five hundred dollars. You
can do that in your own name, right. You can
go to one of these organizations that help you file lawsuits.
It's a few hundred bucks, or you can even do
it on the internet, because it's a it's a real
(21:20):
simple case. Here it is, you abandon the lease. Here's
a copy of the lease. Here are the damages, and
you rack them all up. Here's what I had to repair.
This is the way. It's the place has been empty
for X number of X number of months or weeks,
and then you file the lawsuit and ask for all
of that.
Speaker 2 (21:41):
And now what does she do.
Speaker 1 (21:44):
She either answers the suit on her own, and then
I fire you. I just go straight in. And now
if she an't, now she has an attorney that is
answering the lawsuit and says she doesn't owe the money,
then you got a choice. I think it's a pretty
easy case. But if you're up against an attorney, you know,
(22:04):
especially a landlord tenant attorney, depending is if she's willing
to pay that kind of money, and especially if you're
going to go to trial. I mean, you think she's
willing to write out checks for a couple thousand dollars
or several thousand dollars to get out of this.
Speaker 8 (22:18):
And no, we went to mediation as part of the right.
Speaker 2 (22:21):
And you couldn't you couldn't agree, You couldn't.
Speaker 8 (22:23):
Agree she offered us. She offered us four hundred dollars.
Speaker 2 (22:26):
Of course, okay, so you couldn't agree, And even at
the end of mediation, no, it was of the ship.
Speaker 1 (22:34):
She walked out at that point. That's kind of interesting
because I had a I was screwed really badly by
former employees, and the insurance company came in on their side,
and I remembered I asked for you know, I don't
even remember what I asked for. I know what we
settled for, and they offered me fifteen thousand dollars. I
(22:55):
got up, walked out the door, and my attorney grabbed
me and said, kick back here, and they ended up
settling for a whole lot more money than that. So
that's kind of weird that she offered you four hundred
dollars and you're looking at a twenty seven thousand dollars
bill and then she up and walks out. You have
to sewer, you have to sewer, and then the issue
(23:15):
is back we go. I would go to one of
those places where you simply sue and see what she does,
and if orr, you hire a lawyer. If you have
that's that's if you have that good a case, hire
a lawyer. She's going to hit with lawyer's fees. But
you're gonna have to front.
Speaker 8 (23:33):
It, Bob, What do you mean I have to front it?
Speaker 2 (23:36):
You got to pay the lawyer?
Speaker 8 (23:38):
Oh?
Speaker 1 (23:38):
I see, Yeah, you'll get the lawyer's fees at the
back end if you win, which sure sounds like you're
going to based on what you say, But no lawyer's
going to walk in there and not do it for free.
Speaker 2 (23:50):
There.
Speaker 1 (23:51):
These are not contingency cases where people get into car
accidents kind of thing where you don't pay up front.
Speaker 2 (23:57):
So those are your choices. I mean, it's not a
bit that place. Well, it's not a good place to be, all.
Speaker 8 (24:03):
Right, Kathy, everywhere you.
Speaker 2 (24:06):
Go listening to the phone, the return I mean, turn
the radio off.
Speaker 4 (24:12):
Okay, I'm all right.
Speaker 2 (24:13):
What can I do for you, Kathy?
Speaker 3 (24:15):
Okay?
Speaker 4 (24:18):
I recently purchased a telephone that I was kind of
pressured into buying. They were installing AT and T fiber
or wire in the ground into our house for internet,
and then towards the end, when the guys were cleaning up,
(24:39):
this other man shows up with AT and T and
he talked me into getting a phone. Well, needless to say,
we don't like it. He lied to us. He told
us that if I gave him my note ten that
she could get me a flip phone. He calls somebody, all.
Speaker 1 (25:01):
Right, Kathy, Kathy, Uh did you work for AT and T?
Is that an employee of AT and T?
Speaker 4 (25:07):
Well, you know it does say AT and T Mobility
on his card.
Speaker 1 (25:15):
Uh. Do you know if he's an employee, you can
call him AT and T and find out is this
guy employed by you?
Speaker 2 (25:19):
Guys?
Speaker 4 (25:21):
Well, you know what. I called the customer service and
they gave me they know he is employed, and they know.
Speaker 1 (25:31):
Okay, okay, that's good, okay, okay, that's.
Speaker 2 (25:37):
Who's not returning your calls. AT and T.
Speaker 4 (25:40):
No, the guys that did it.
Speaker 1 (25:42):
And he was like, yeah, you don't want to and
you don't want to talk to them. You want to
talk to AT and T. It kind of fun. AT
and T not returning phone calls. That's kind of neat
a phone company not returning phone calls.
Speaker 2 (25:51):
I like that. Uh yeah, you want to go directly.
Speaker 1 (25:54):
You want to go directly to the company and say
I was pressured, this is what happened.
Speaker 2 (25:59):
How much did you pay for the phone? Kathy?
Speaker 4 (26:03):
I didn't Well, just what I didn't want. They put
us on a thirty two month okay, all right, which
I didn't want.
Speaker 2 (26:13):
Did you sign it?
Speaker 4 (26:16):
I initially?
Speaker 7 (26:17):
Did I know that?
Speaker 2 (26:18):
Okay, so that's a side.
Speaker 7 (26:19):
I don't have it.
Speaker 4 (26:20):
I do not have any of the paperwork.
Speaker 1 (26:23):
Okay, Well you're going to get it, that's for sure.
Speaker 2 (26:27):
How old are you, Kathy? How old are you too
old for this?
Speaker 7 (26:30):
Seventy one?
Speaker 2 (26:31):
Okay.
Speaker 1 (26:32):
The reason I ask, and not only I try to
guess people's ages, and I'm always off because everybody sounds
so much older than they actually are, especially you.
Speaker 2 (26:42):
What I would do is because you are.
Speaker 1 (26:48):
Elderly, legally elderly, that puts you in a different position.
Speaker 2 (26:52):
Legally you have to call.
Speaker 1 (26:54):
And it also is a better argument for your vulnerability
that they used your vulnerability, vulnerability as an elderly person.
And again we're only talking legally now to basically screw
you out of a phone or put you into a
thirty two month plan. That's a pretty long term plan.
(27:16):
So you now have to call AT and T, call
customer service and explain what happened, and then ask what
do I do next?
Speaker 7 (27:26):
Well?
Speaker 4 (27:27):
I did, and they told me to call the guy's
boss and he hasn't returned any calls.
Speaker 1 (27:35):
All right, then you have to go back to customer
service and say I am not getting a return phone call. Okay,
that's all you can do at this point.
Speaker 2 (27:45):
I mean, do you go to court. Yeah, but it's
it's not going to be easy. It's a lot of hassle.
Speaker 1 (27:53):
And so if you can just push it, push it,
I'm not getting a phone call. Next day, I'm not
getting a phone call, and just keep on going. And
at some point someone's going to pay attention and you're
going to say I called every day for X number
of days.
Speaker 2 (28:10):
It's going to wake somebody up. All right, all right,
try that, see if that works. This is Handle on
the Law.
Speaker 9 (28:20):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 1 (28:28):
Welcome back Marginal legal Advice where I tell you you
have no case, all right, Mary Ann, Hello, Mary Anne, Welcome,
Hi Bill.
Speaker 11 (28:41):
I I was on a hiring committee of a department
within a large, complicated state university where there's lots of
rules about the hiring process from where you from the union,
from the administration, and the higher ups on the committee
violated lots of those rules, making some of us down
in the rank and file, kind of unhappy. The rules
(29:04):
were violated. We documented them, filed a grievance, and we're
still waiting to hear, waiting to hear from the higher ups,
waiting to hear. We can't yet due process.
Speaker 2 (29:14):
Now, have you been harmed that you need due process?
Speaker 11 (29:19):
The union says that the rules are the rules for hiring.
Speaker 2 (29:22):
No, I understand that. But how have you been damaged?
Speaker 11 (29:29):
Six of us filed a class at.
Speaker 2 (29:31):
How have you been damaged? Where you refused a job?
Were you fired?
Speaker 6 (29:36):
No?
Speaker 2 (29:37):
Okay, so where are your damaged? Where are your damages? Man?
Speaker 7 (29:43):
Bill?
Speaker 11 (29:44):
It's not about court.
Speaker 2 (29:45):
This is about the union and local I understand.
Speaker 1 (29:48):
So the union says that you have the basis of
somehow filing a legal action against the university because they
are not following due process in hiring someone else.
Speaker 2 (30:02):
Not you do I have that right?
Speaker 1 (30:04):
Wreck Yeah, Well, not a court. It's you know, I understand,
I understand. Uh, it's a hearing and then you go
to an administrative hearing.
Speaker 2 (30:14):
But the first question is going to be Mary Anne.
Speaker 1 (30:16):
I'm assuming that you were denied due process and you
should have been hired. No, actually, not your honor. Uh,
it's I'm fine, not a court. I understand you still
call it your honor. It's an administrative hearing.
Speaker 2 (30:30):
I get it.
Speaker 1 (30:32):
Okay, all right, So now the question is the Union
is telling you that you have the You have the
right to go and argue that there has been a wrong.
You can actually go in and say I want a
hearing if I'm refused. And the first question is, Mary Anne,
(30:53):
how have you been how have you been hurt by
lack of due process?
Speaker 4 (30:59):
Bill?
Speaker 11 (31:00):
That's not what they're asking.
Speaker 2 (31:01):
What are they asking? What are they asking?
Speaker 1 (31:03):
What? That's not who asking, Marianne. I don't understand who
they are.
Speaker 2 (31:07):
Who's Who's they the administration? All right? What are they
asking for? What are they asking? Mary Anne?
Speaker 11 (31:15):
They're they're asking why do we think the process was
not followed? Then?
Speaker 1 (31:18):
Okay, so they're asking you that, so you tell them,
So you tell them this is what we think.
Speaker 11 (31:24):
They don't have the remedy and they won't meet.
Speaker 1 (31:26):
You can't have a remedy because you haven't been damaged.
We don't even know who they was. You don't even
know who was damaged. You don't even know who. You
don't even know the person that wanted to get hired
and was denied being hired because of due process?
Speaker 2 (31:42):
Do you know the person?
Speaker 1 (31:45):
We do.
Speaker 11 (31:45):
But it's not about the people.
Speaker 1 (31:47):
It is only Oh no, no, it's about the people. Oh, Marianne,
it is about the people. Oh, believe me, it's about
people getting harmed. When you're arguing due process, someone is
getting screwed over.
Speaker 2 (32:00):
Who is it?
Speaker 11 (32:01):
Yeah, somebody is who you're not part of it?
Speaker 7 (32:03):
Who? Who?
Speaker 2 (32:04):
Who is getting strewed?
Speaker 11 (32:08):
Someone who wasn't permitted to interview?
Speaker 2 (32:10):
And you have that person and you have that person's.
Speaker 11 (32:12):
Name, they're not part of the grievance.
Speaker 2 (32:16):
Okay.
Speaker 1 (32:16):
Well then if they're not part of the agreement the grievance,
what's it about. And by the way, you can't represent them,
you can't go in. They have to argue.
Speaker 11 (32:24):
You know that, bill, Bill, This is only about the process.
Speaker 6 (32:27):
It's I understand.
Speaker 2 (32:28):
But you know what, it's not your call, Marianna. It's
not your call. It's the university's call.
Speaker 7 (32:34):
No, it isn't.
Speaker 11 (32:35):
According to the university rules, they had to have a
majority of.
Speaker 2 (32:37):
Okay, so they breached the work. Fine, they breached the rules.
Who has not been hired because of the breach of
the rules. Were you affected?
Speaker 11 (32:47):
Not me?
Speaker 2 (32:48):
Okay, thank you, there's the question there. It is, all right.
Speaker 1 (32:54):
You know, before you can go forward and argue due process,
you're the one that has to be hurt. You're the
one that has to say I was harmed by lack
of due process, not you're not giving due process to whom.
Speaker 2 (33:05):
Well, I don't have anybody's name. All I know is
here are the rules. Okay.
Speaker 1 (33:10):
It's like getting arrested without a cop giving you Miranda warning.
Speaker 2 (33:15):
You have to give Miranda warnings. Who are you?
Speaker 1 (33:19):
Well, I'm someone that knows that Miranda warnings were not
given and the law was violated. Who do they give
it to? Well, I really don't know. And who are you?
Are you involved?
Speaker 2 (33:29):
No, I'm not. All I know is that there was
a violation of Miranda warnings. All right.
Speaker 1 (33:35):
I mean you can argue that. I find that very weird.
That's the way I take it.
Speaker 2 (33:39):
Maybe I'm wrong on that one, but yeah, I don't know. Roosevelt,
Hello Roosevelt.
Speaker 6 (33:47):
Hey, so this is the issue. After two years, I
finally got a cost settlement of completed on here. They
dragged it and took.
Speaker 8 (33:57):
On and on.
Speaker 6 (33:58):
They weren't really helping me. Now after I've got the
offer for the payment suffering, the lawyer is telling me
that the money I paid for like I paid a
few of the bills, one for like amults and a
top of things. They're telling me that that money is
in my pain and suffering money, and I just does
(34:18):
doesn't make any.
Speaker 2 (34:19):
Yeah, no, it's not. No, it's not. That's part of
the compensatory.
Speaker 1 (34:22):
This is money that should be paid by the other
side for damages, straight out damages, medical fees for example.
And so it's how much did you spend out of
the in this case, were you spend.
Speaker 6 (34:39):
Roosevelt the whole thanks Biler wasn't that big a deal.
That's why I pushed the twenty times. My total amount
of the bills was like seventeen thousand.
Speaker 1 (34:48):
Okay, Bill, I'm trying to get the Roosevelt. How much
did you pay of that seventeen thousand? What did you
pay out of pocket?
Speaker 6 (34:58):
I paid fifteen hundred.
Speaker 2 (34:59):
Okay, you paid fifteen hundred dollars.
Speaker 1 (35:02):
You should get that fifteen You should get that fifteen
hundred dollars back because it was.
Speaker 2 (35:08):
For medical bills. And then he okay, it was for
medical bills.
Speaker 1 (35:13):
It was for expenses unless the retainer says something else.
Speaker 2 (35:17):
How much was the total settlement Roosevelt.
Speaker 6 (35:21):
Seventeen thousand?
Speaker 1 (35:22):
Okay, and you paid fifteen hundred dollars out of pocket? Yes, okay,
I would tell I would call the attorney and say,
I am I deserve this money, unless the attorney says
you are responsible for ABC D and E. But that
should you should have been compensated for that. Yeah, he
owes you the money, He owes you the money, and
(35:44):
it should it should, it should be paid back unless
it's part of the settlement, Roosevelt. If it is part
of the settlement, then it is part of what you got.
In other words, so let's say the lawyer got a
third right or is that your was seventeen thousand?
Speaker 6 (36:04):
No, the seventeen thousand of the total amount of the bills,
it's okay.
Speaker 1 (36:09):
How much Okay, you're talking about the medical Okay, just
the medical part.
Speaker 2 (36:12):
I get it.
Speaker 1 (36:13):
How much was it total? What was the global settlement?
What was the big number?
Speaker 6 (36:18):
Twenty four thousand.
Speaker 1 (36:19):
Twenty four thousand, of which seventeen thousand dollars of it
was medical costs.
Speaker 6 (36:31):
I mean, seventeen thousand is a medical cost of twenty
four thousand.
Speaker 2 (36:34):
I understand, that's what I'm asking. That's what I'm asking.
Speaker 1 (36:38):
So if he takes the third, which he's entitled to
because that's the retainer, and your medical costs are.
Speaker 6 (36:45):
Eight age twenty three.
Speaker 1 (36:46):
Yeah, I thought you said seventeen thousand was your medical costs?
Speaker 6 (36:51):
Seventeen thousand My total meta costs the pain is supper
And he explained to me his fortune was eight thousand something. Okay,
I had a few beers.
Speaker 1 (37:02):
Okay, if you fronted, though my guys complicated, especially the
ways being portrayed, if you fronted fifteen hundred dollars worth
of bill, that should come back to you out of
medical It's yeah, it's hilarious. Now, before we go on
to our next segment, I'm going to spend just a
(37:22):
minute talking to you about your privacy. What privacy online? No,
you don't have any privacy online doesn't exist. Everything about you,
I mean everything is available out there. Your home address,
where you work, where you bank, what you buy where
you buy it, court records, accident history, DMV information, credit score.
(37:43):
I mean I could go on for an hour, all
out there, all available, all easy to get, and your
information is then collected by hundreds of data brokers. I
don't know if you knew that hundreds of data brokers
collected and then they sell it to anyone who wants
to buy it, and even the bad guys. So let
me tell you about this company in Cogni, of which
(38:03):
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(38:25):
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Speaker 2 (38:55):
Law you've been listening to the Bill Handle Show.
Speaker 1 (38:58):
Catch My Show Monday through Friday, six am to nine am,
and anytime on demand on the iHeartRadio app