Episode Transcript
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Speaker 1 (00:01):
You're listening to bill Handle on demand from KFI AM
six forty.
Speaker 2 (00:09):
AFI a M six forty bill handle here on a
Saturday morning, and our phone number here. Sorry about that.
I'm moving my copy around here so I get the
commercials at the right time. I always mix them up.
The number here is eight hundred five two zero one
five three four eight hundred five two zero one five
(00:33):
three four top of the our best time to call,
and we've got Oh, we went through some pretty fun
questions already this past hour, so let's do it. Where's
my story here? Hold on, God, we're gonna talk about confusion. Huh,
total confusion. This is Handle on the law, marginal legal advice.
(00:58):
So let me tell you what Hawaii has done. Right.
What is Hawaii done? Well, it's the first date in
the Union has actually passed a tourist tax. Now, wait
a second. Every state has tourist tax. If you go
to for example, New York and you book a hotel,
(01:19):
they charge I think an extra twelve percent just and
we're talking about peopleho book hotels on top of all
the sales tax and everything else. Here's an extra twelve percent.
So Hawaii has done the same thing. Added another tourist
another tourist tax on hotel rooms and all kinds of
(01:40):
tourist attractions. And it's not very much. It's I thin,
zero point seventy five percent, but it's additive, you know,
when you do enough of these. And what is it about.
It's the first climate change tourist tax to fight climate change.
That one hasn't been done before. Now we have the
state of why that says, okay, we're all suffering from
(02:03):
climate change, Hawaii. This is the first in the nation.
Is this going to happen in other states? I'm surprised
California didn't do it. I'm surprised New York didn't do it.
In the south. Red states are certainly never going to
do that because for Red States climate change doesn't even
exist in many cases. But first in the nation, a
(02:25):
tourist tax for to fight climate change. Yeah, yeah, I'll
be prepared. And it's these taxes that are charged. Usually
developers get nailed with these taxes. You know, maybe there
will be a property tax that is part of the
new fight against climate change. Who the hell knows. But
(02:48):
Southern California is just a winner when it comes to
fees and taxes. It's just crazy, which is why one
of the reasons why housing is so expensive here is
because of all the fees that developers are forced to
pay and new homeowners and property owners, etc. But anyway,
brand new stuff, and that is the tourist tax for
(03:10):
climate change. Kind of interesting stuff. Okay, let's go ahead
and take some phone calls. Oh, we have a few here. Ray, Hi, Ray, welcome. Hello, Ray,
you're there.
Speaker 3 (03:25):
Yes, I am Hello, Yes, ma'am.
Speaker 2 (03:27):
What can I do for you?
Speaker 4 (03:28):
Well, we purchased a Class C Supersed motor home last
year and a year later we just found out that
it was returned to the seller, which was Jacob, because
it was a Lemon Law car or coach, and we
want to know, since we're starting to have trouble with it,
(03:51):
how can I find out what was the issue and
why was it returned?
Speaker 2 (03:56):
Okay, I don't know if your face falls under the
Lemon Law because yeah, because this is not you purchasing
a new vehicle or a vehicle a few years old
that you filed under Lemon law. So what you have
is you have a case of misrepresentation. And the answer
(04:17):
on this one is pretty easy. One answer is easy.
The other one not so much. How much less is
the vehicle worth if it were disclosed that this was
returned under the Lemon law.
Speaker 4 (04:35):
One hundred thousand dollars.
Speaker 2 (04:37):
It would be one hundred thousand dollars less if you
knew or the market was that it under those circumstances,
one hundred thousand dollars less than you pay for it? Correct?
Speaker 5 (04:48):
Yeah?
Speaker 3 (04:48):
Because how much?
Speaker 2 (04:51):
How much did you pay for this puppy?
Speaker 4 (04:54):
Two and twenty thousand?
Speaker 2 (04:56):
Jeez, Louise? Okay, Yeah, you've got a lawsuit and it's
a straight lawsuit for misrepresentation, that's it. Yeah, and that's
enough for a lawyer. Also, I will tell you that
I guarantee you in your sales contract. And now this
was a dealer, it wasn't a private property. Is that correct?
And don't tell me that any Yeah, okay, So now
(05:18):
you're in good shape. You if you look at your
sales agreement, it says in the event that there is
a dispute, which clearly this is going to be a
prevailing party, whoever wins gets attorney's fees from the other side,
and there may be an arbitration agreement in there also
where you don't go to court, you go to arbitration
(05:40):
and that's probably enforceable, but it doesn't matter in this case.
I don't know what their defense is going to I
have no idea what their defense is going to be,
ray none, because I can't think of one. And that
is was it disclosed? No? Yeah, we disclosed it verbally, No,
you didn't. And if you did disclose it, why didn't
you write it? What dealership would not write that this
(06:03):
was a return under Lemon law? Well maybe we forgot
So they have no defense, no defense, right, yeah, And
so you know, is there going to be a settlement?
I would go ahead.
Speaker 4 (06:16):
They gave us a sheet of paper that said that
the coach was a surrender, not a Lemon law. And
then as you get into it and you read some
more and this says Lemon law. And then there was.
Speaker 2 (06:27):
Wait a minute, hold on, hold on, hold on. There
is language in there that says Lemon law. And it
was surrendered a little bit.
Speaker 4 (06:36):
But it's not on their letter head.
Speaker 2 (06:38):
It's just a it doesn't have to be on their letterhead.
Was it in the contract? Was it in any of
the paperwork?
Speaker 4 (06:45):
It was included, but not part of the contract. It
was just an extra seat that they handled us.
Speaker 6 (06:53):
Uh, and we didn't.
Speaker 4 (06:54):
We didn't look at it.
Speaker 2 (06:55):
Yeah, well, yeah, of course she didn't. I mean, yeah,
I know, I know this stuff is that you know,
this stuff is microscopic print usually. Uh, you know you've
got a wobbler there. Yeah, you've got a wobbler. Yeah,
I don't. They're going to argue that it is in writing,
and then they're going to point to it to go
right there, right there, it's in writing, and you're gonna go,
you didn't mention it was returned because it was under
(07:16):
the Lemon law that that that was the settlement. Will
take it back. And my guess is if they took
it back and they surrender it, they may have gotten
a new one. You have no idea at this point.
Speaker 4 (07:27):
No, and they did not verbally say that it was
a surrender.
Speaker 2 (07:31):
They okay, all right, you got all right that I
have to tell you you you have a wobbler on
this one.
Speaker 4 (07:36):
You know, we find out somehow what the what were
the issues with the coach when it was returned.
Speaker 2 (07:44):
No, they're not going to tell you. They're not. I
don't think they're gonna tell you because you're going to
sue them anyway, you're going to sue them. You need Yeah,
you're gonna need just a straight out a business lawyer.
Not even a business lawyer, a lawyer that does breach
of contracts, which is a general lawyer. Uh, and you
I would go to two year Sorryvada, hold on, hold on,
(08:04):
hold on, go ahead.
Speaker 4 (08:05):
Okay, sorry, I'm in Sparks, Nevada.
Speaker 2 (08:08):
Do your attorneys cover No, No, they don't do this
kind No, they don't do this kind of work anyway.
They generally my organization only does personal injury.
Speaker 7 (08:16):
No.
Speaker 2 (08:16):
And it's Nevada, which is obviously a different place in California,
but the rules are going to be the same. So
what you what you have to do is find a lawyer,
you know, and just get a couple of referrals. And
if you have friends that have lawyers, anybody who know
I had lawyers who did a good job. You go forward.
This is not complicated. That's all interesting. Interesting. Yeah, the
Lemon law one hundred thousand dollars less. Wow, two hundred
(08:40):
and twenty thousand dollars for a coach and if it
had been returned under the Lemon law, there's one hundred
grand difference. That's a big difference. Okay, let me tell
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(09:01):
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(09:23):
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(10:07):
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dot Com slash handle. This is Handle on the Law,
Sam Fine dam set handle here and again and welcome
(10:30):
back to Handle on the Law Marginal Legal Advice. Anna, Hi, Anna, welcome.
Speaker 8 (10:39):
Yes, About seven months ago, l ADWP put the wrong
transformer on my street and about ten houses were damaged.
Appliances were all burnt out, and conditionings, all kinds of appliances.
We find the climb with them, and every time I
call to follow up, the keep saying you have to wait,
(11:01):
you have to wait. Do I have to do? I
have to wait for them to hear from them.
Speaker 6 (11:07):
Regards how long?
Speaker 2 (11:08):
No, no, you get you get aggressive. You you're the
one that gets aggressive here because they'll just sit on
their butts and I'm sure they have a lot of
claims and because number one, you know they're dealing with claims,
especially now, what part of the town do you live in?
I live in what Sunland?
Speaker 8 (11:28):
Yeah?
Speaker 2 (11:29):
Okay, that's in the San Franzo Valley, right of course. Okay,
Uh Yeah, I went to school up there, some Valley
Junior High School which is right up there. Yeah. In
any case, Yeah, you've got to do it on your own.
You've got to really hustle this.
Speaker 5 (11:44):
Uh.
Speaker 2 (11:44):
So I would just keep on going and going and
push and send emails and do whatever the hell you can.
In the end, you you could file a lawsuit, but
you don't want to. You want to push because that
will cost you money and it's ridiculous. What you want
to do is get together with all the other homeowners
because I'm assuming they've been nailed to just like you
have with the claims. So the group of you get together,
(12:08):
go to your local council person. Now, the DWP is
its own utility, Uh, but it's also control. Let me
put it this way. Now, let's go the other way. Uh,
go to the PUC Public Utilities Commission that they oversee
utilities and make a complaint with them, and if the
(12:29):
seven of you scream loud enough, they'll jump on it.
It's a squeaky wheel situation on this one.
Speaker 7 (12:34):
Uh.
Speaker 2 (12:35):
You have to do that because you don't want to.
The legal stuff will cost you a fortune and it's
just just not worth it. Steve Hello, Steve, welcome.
Speaker 6 (12:47):
Inherited a trust.
Speaker 2 (12:50):
Hell yeah, I'm here, I'm here, I'm here.
Speaker 6 (12:54):
Okay, I inherited a trust deed, and now the Burrow
would like to pay it off, and I'd like to
know what is the process for a recompence? Whoa?
Speaker 2 (13:04):
None of that made any sense. I inherited a trustee.
Are you the beneficiary of a trust?
Speaker 6 (13:12):
Yes?
Speaker 2 (13:13):
Okay, so you are beneficiary of a trust and now
who owes who money?
Speaker 6 (13:22):
Okay, well I have a trust deed deed that I ow?
Speaker 2 (13:26):
Oh I'm sorry. Okay, you have a trust deed. So
what do you own that trusteed? It's on what piece
of property? Who holds it? Whose name is on the trustee?
Speaker 6 (13:41):
Well, I must it was a signed it was assigned
to me upon the you know, upon the inheritance.
Speaker 2 (13:49):
Okay, it was true. Okay, So the trust, the trustee
took the property that was in the trust name and
pursuing to the trust, transferred it to you, correer.
Speaker 6 (14:02):
That's correct.
Speaker 2 (14:02):
Okay, So now you own the property?
Speaker 6 (14:09):
Yes, I guess.
Speaker 2 (14:10):
So okay, with that in mind, so now you're sitting
on a piece of property. You're not making this easy, Steve.
So now you are sitting as the owner of a
property that was given to you by the trustee because
you were a beneficiary under the trust and someone died. Okay,
Now what happened?
Speaker 6 (14:30):
Well, there is there is a borrower on the trust
and they've been they've been paying a loan and now
they would like to pay it off.
Speaker 2 (14:39):
Okay. So you own the property. Okay, fine, you owned
the property. You inherit the property with someone owing the
property money, owning the whoever owns the property money. So
now someone owes you money, correct, okay, And so what's
your question?
Speaker 6 (14:59):
They want to they want to pay it off.
Speaker 2 (15:01):
Good, don't let them write you a check.
Speaker 6 (15:06):
Okay? Then what is there a recompense that takes place?
Speaker 2 (15:10):
Why? So wait a minute, it's a reconveyance. So they
have a secured note. I'm a little I'm a little confused.
Is the loan? Originally? I guess they owned the property?
And then, you know what, I can't help you on
that because none of this makes sense to me. Someone
knows what you're talking about. It not me. This is yeah,
(15:31):
sorry about that. Maybe I should know, but I have
no idea. All right, let's see if we can try
another one here, Hello Carolyn.
Speaker 9 (15:39):
Welcome, Hi Bill, thanks for taking my call. I disagree
with a bill that I got from Southern California Edison.
And the bill is for four hundred and seventy six
dollars and fifteen cents when my normal bill runs the
averages between twenty and fifty dollars a month. And I
(16:00):
look into it, they're saying that there is a BBP
that I signed for a couple of years ago, and
I don't agree with signing for anything like that.
Speaker 2 (16:11):
Okay. Did we say you don't agree for signing as in,
you didn't sign anything. I did not sign for it, okay,
And they say you and they say you signed it, right.
Speaker 9 (16:23):
No, they're not saying I signed. They said that it
was a telephone conversation.
Speaker 2 (16:29):
Uh, and you don't remember it at all. And I
don't quite understand, uh what they do if you agree
to on a electricity bill, what did they say you
agreed to?
Speaker 9 (16:41):
They're saying, I agree for a BBP plan budget.
Speaker 2 (16:45):
I have no idea. Oh it's a different plan. Okay,
it's a different plan and you agree to it. And
the answer is that, well you make what you do
is you dispute it. And they have a dispute system.
You just either go on the internet or you call
them and go I'm disputing this. I need the paperwork.
You have the ability to go in front. You have
the ability to dispute it under the law. It's a
(17:06):
hearing effectively, and you're going up through the food chain
of the Southern California edison and then what ends up
happening where either you win or if you lose, then
you appeal it. So you have to go through the
whole administrative part. So you just can't call them. You've
got to make a formal written appeal or a dispute
(17:27):
and they have the paperwork. Either look it up or
demand it. It'll be there. That's how you do it.
Speaker 9 (17:34):
Okay, Well it's gone up through the public utilities and there,
Oh it has Okay.
Speaker 2 (17:39):
Now, okay, it's already got out. So now the last
decision was that you owe the money. Have you appealed that?
Speaker 7 (17:48):
No?
Speaker 8 (17:48):
I have not.
Speaker 2 (17:49):
Okay, that's your next step is you appeal that decision
right into the appeal system. This is Handle on the Law.
Speaker 1 (17:58):
You're listening to Bill Handle on demand from KFI AM
six forty.
Speaker 2 (18:05):
KFI Handle here, let me finish chewing for a minute.
Boy A, my timing is already off. I'm doing this
for so long and I still miss timing. All right,
welcome back, KFI am six forty. Handle here right up
until eleven o'clock and back we go. More handle on
the law, marginal legal advice, Margaret, Hello Margaret, welcome to
(18:28):
the show.
Speaker 3 (18:29):
Hello, thank you.
Speaker 2 (18:30):
So did I just lose you? Margaret? Will hold on,
hold on. You just dropped out, You just dropped out.
Let's try again.
Speaker 3 (18:41):
Okay.
Speaker 7 (18:41):
My dad wrote a will in twenty oh one. In
the will, it's stay us three kids got twenty acres each.
In the will, it stated that if somebody was to
sell any of the land, they had to offer to
the other kid sibling for fifteen hundred dollars. If two
(19:04):
of us wanted it, it was whoever took it at
the highest bid. Okay, So my.
Speaker 3 (19:11):
Brother hired an auctioneer. It hasn't come up yet, but
the signs are up and he's selling thirteen acres and
he did not offered to my sister or I. Huh
so yeah, long story, bad apple. Anyway, My thing is
(19:32):
is will that hold up in court? Since it was
done in twenty twenty one, and now's okay.
Speaker 2 (19:36):
Well, yeah, that doesn't matter the will. You can write
a will in you know, one hundred years ago, and
if someone writes a will when they're fifty and dies
at ninety, it's still a good will. So that's not
a problem. He wasnt nine, okay, well, good for him.
And so here is the question. Twenty eight acres are left,
and in whose name are the twenty They with the
(20:00):
twenty acres split up, So each of you then owned
what you're supposed to do. So there's no problem of
only property. Okay. The only issue is fine, yeah, okay,
So there's just a straight breach of contract. You you
took the property, and here is the agreement that you made,
and you're breaching the agreement. Well, how much is the
(20:22):
property worth? How much is it worth?
Speaker 3 (20:25):
You know, I really don't know.
Speaker 2 (20:27):
Find out what it's worth.
Speaker 3 (20:30):
Your land down the road went for fifteen thousand, but
this is by far not farmland. It's just pastor land.
I have the creek through it. My brother.
Speaker 2 (20:41):
Well, when you say the farmland down the road went
for fifteen thousand, how big?
Speaker 3 (20:47):
Oh huge?
Speaker 2 (20:47):
Hundreds of bakers, hundreds of bakers went for fifteen thousand
dollars an acre? Oh, oh, an acre? Okay, I was
just confused. Okay, and this is fifteen hundred dollars an
acre or thirteen hundred?
Speaker 3 (21:01):
Correct, Yes, it's fifteen hundred dads?
Speaker 2 (21:04):
All right, all right? So what do you do?
Speaker 3 (21:06):
You want to be kept in the family?
Speaker 2 (21:07):
Yeah, and do I understand?
Speaker 9 (21:09):
So?
Speaker 2 (21:11):
And the and it has not been sold yet?
Speaker 3 (21:13):
Correct, No, it goes on auction.
Speaker 2 (21:17):
You're probably stop. Probably you go to court. You go
to court, and there will be a court order stopping
the sale. You have to hire a lawyer. You have
to hire a lawyer to do that, and the sale
will stop right there because there's the auctioneer is going
to be told by the court you're done. You're not
selling anything until we get this straightened out. And then
(21:38):
you ask go ahead.
Speaker 3 (21:41):
And since this was back in two thousand and one
and today's prices has gone up, does he still have
to honor that? Dad?
Speaker 2 (21:49):
I think so? Yeah, Yeah, I think so. I think so.
I think it's an agreement that he took the property
under those circumstances. I still think it's it's valid. Yeah,
I think so.
Speaker 10 (21:59):
So of it.
Speaker 2 (22:03):
There's already there's already a bach. I don't want to
go into the rest of it because I'm already bored.
But yeah, this is one of those where you can
you can think the good news is it's it has
that happened yet? Uh? That is that's important. Lisa High, Lisa, welcome.
Speaker 7 (22:19):
Hi?
Speaker 11 (22:19):
How are you Bill?
Speaker 12 (22:20):
Happy Saturday?
Speaker 2 (22:22):
Okay, go ahead.
Speaker 11 (22:24):
I got hurt.
Speaker 12 (22:25):
Actually at work during a break time. A Carrick machine
kind of overflew the hot water and I had a
cup of hot water that spilled over me like pie.
Speaker 11 (22:39):
It was the first degree burn. Of course, the company
sent me to their to the urgent care.
Speaker 12 (22:44):
The urgent care said, okay, their first degree burns, no restrictions.
But then I was actually put out of work for
one week because of I couldn't even put pants on.
Speaker 11 (22:55):
I'm just wondering, like, do I have a case just
because of only you were gone.
Speaker 2 (23:01):
For a week? Hey? Yeah? And you yeah, you were
gone for a week. Uh it was your thighs that
were burned, so you couldn't put pants on. How often
do you have sex?
Speaker 11 (23:15):
Not often?
Speaker 2 (23:16):
Okay, So a week going by where you can't even
put your pants on is no big deal in that department, right, no.
Oh yeah, See, if you stooped every day, you know,
there's there's a claim for you, you know, folks, your honor.
Come on, you know, I get you know, look at this,
you know, and I can't. Yeah, you know how that works?
So no, no, i'd well, not in that regard, you don't.
(23:39):
But in uh yeah, but in the case of being
gone for a week, Uh yeah, I think you're entitled.
And I'm just trying to think of disability goes.
Speaker 11 (23:49):
They tell me a check for two hundred dollars, two
hundred and sixty und dollars. They said, they don't pay
for the first three days, and they will they pay
half of a quarter.
Speaker 2 (23:59):
Or yeah, you know what. I don't know how that works.
I don't know how the law works on that one.
I know, if you're if you're disabled, if you mean
you can't work, you have temporary disability, and it's certainly
not permanent disability, so you know, and they paid you.
It could be that's what the law allows. And I
don't know the answer to that. Boy, I'm doing well,
all right, Okay, we continue on. Uh Claire, Hello, Claire, welcome,
(24:27):
Hi Jill, Yes, Claire.
Speaker 5 (24:30):
Are you there?
Speaker 8 (24:31):
I am are you there, I am okay, I'm so
glad of that.
Speaker 5 (24:37):
My grandson rented an apartment, leased an apartment, and the
deal was you'll get if you signed for eighteen months,
we'll give you four months free. But after living in
this apartment building brand new, he's finding that a homeless
(24:58):
person was in the lobby one day, excuse me, and
people let their dogs defecate in the elevators, and he
wants out. So it's been four months they.
Speaker 2 (25:15):
Okay, so he took so he took the four months
for free at the beginning, right, He hasn't paid rent
in four months? Is that correct?
Speaker 7 (25:22):
Right?
Speaker 2 (25:22):
Okay? And now he wants out because of dogs using
the elevator as a bathroom, and you have homeless people,
and has he told the landlord, oh.
Speaker 5 (25:36):
They reported the dog's stuff.
Speaker 2 (25:38):
Okay, and how many and how long has this been?
How long has this been going on?
Speaker 5 (25:43):
Four months that they've lived there.
Speaker 2 (25:46):
Okay, the whole time, all four months?
Speaker 5 (25:49):
Well yeah, well they went in a couple of months ago.
Speaker 2 (25:52):
There's a dog. Okay, Now I understand how many times?
How many times did that happen?
Speaker 5 (25:58):
Twice that I know him?
Speaker 2 (26:00):
Twice? Okay. So here's his argument twice the dog is
crapped in the elevator, and once there was a homeless
person in the lobby.
Speaker 10 (26:10):
Correct correct, excuse me, yes.
Speaker 2 (26:17):
Okay, So with that hold on a minute, So it
happened twice in four months, once the homeless person. So
therefore I've just taken your four months for free and
I'm using that. Why didn't he leave months ago when
that happened.
Speaker 5 (26:34):
Well, they're just now fed up.
Speaker 2 (26:37):
Oh they're fed up after four months of free rent?
Is when they're fed up. What do you think, Claire,
What do you think it's gonna look like?
Speaker 5 (26:44):
Well, that's why I'm it's.
Speaker 2 (26:46):
Gonna look horrible, Claire. All Right, two incidents with the dogs,
one incident with the homeless person. That's not gonna cut it.
Ain't gonna cut it. He is not going to break
the lease on that one, not even close. You could try,
but no. Can imagine you're the judge and you're looking
at this. You go always like two craps, one homeless
(27:06):
person over four months, and now you want out after
a free rent for four months. Yeah, that's gonna happen. Sure,
we'll let you out of the lease, of course you will.
Now let me tell you about living in chronic pain,
and that's paying twenty four to seven. And I live
with someone who suffers in chronic pain, and it is
really tough for me to look at that obviously much
tougher for her. So what Lindsay did in Dealing with
(27:30):
the Pain, it's helping people deal with their chronic pain.
And started the Pain Game Podcast, and this is about
people who live with pain. Her guests have lived with
or dealt with, treated those living in pain. I did
an episode talking about living with someone and how difficult
it is in pain. She deals with it as a
(27:51):
hero twenty four to seven, and I don't understand how
she does, but she does. Every episode ends with a
message of hope and you'll understand. And this is so
so counterintuitive. The show is about giving pain purpose. I
know that's weird, but wait till you listen to the
show and you'll see what I'm talking about. So you
can listen to payin Game podcast wherever you listen to podcasts.
(28:13):
If you're in pain, you know people in pain, suggest
listen to the Pain Game podcast. Social address at the
Pain Game Podcast. That's at the Pain Game Podcast. Season
three just started dropping. The Pain Game Podcast this is
handle on law KFI AM six forty bill handle here,
(28:38):
and it is a Saturday morning phone number eight hundred
five two zero one five three four. That's eight hundred
five two zero one five three four. And first time
we actually have a few lines open. It's been pretty
jammed the last hour and a half. Give her a take.
So now we have some lines open. Eight hundred five
two zero one five three four And welcome back. Handle
(29:02):
on the law Marginal Legal ad Vice. Let's take a
phone call or two here John, Hello, John, welcome.
Speaker 10 (29:13):
Hey, how you doing it? Sounds like you have a
fine show going this morning.
Speaker 2 (29:16):
Yes I do. It's a fine show. Thank you, and
I appreciate you being deaf and still appreciated. Okay, what
can I do for you?
Speaker 6 (29:24):
So check it out.
Speaker 10 (29:25):
About twenty two years ago, somebody fouled the lawsuit against
me and we went back and forth and we settled
on a small amount. The amount was ten thousand dollars
we settled on so I never paid it. So he
got a judgment against me, like twenty something years ago,
(29:48):
got a judgment for the ten thousand dollars and I
never paid it. So about ten years after that, attorney
renewed the judgment, and then ten years after that he
renewed the judgment again.
Speaker 2 (30:08):
No, you can't do it down. You do it once.
You can't keep on renewing the judgment. So I don't
know how he renewed the judgment, or if he did,
it's not valid because yeah, you've got the judgment which
is good for ten years, and then you can renew it,
which gives you ten years. So unless something has changed
that I'm not aware of, you cannot keep renewing a
(30:29):
judgment for every ten years. So now there's a judgment
on the record that he is somehow recorded that he got.
That I don't think is good. But okay, what's your
question with that?
Speaker 6 (30:44):
Okay.
Speaker 10 (30:44):
So, being this judgment originally was twenty to twenty three
years ago, it's got to be about a year ago
or so, this particular attorney, who somehow is still alive,
filed a lean against my home that I own.
Speaker 3 (31:04):
Now.
Speaker 10 (31:05):
I called my attorney and said, hey man, this is
some old zombie debt, right, it was ridiculous, And they
filed a lian in Orange County against my home, and
I want to know what I can.
Speaker 2 (31:19):
Okay, got it? Good question, Okay, okay, here's what you
get to do, and that's fairly simple. You got to
get rid of that lian for starters. So the way
you do that is you make emotion front of the
court to expunge the lean. You know you're going to
argue to the court this lian is not valid and
in fact, based on what I know, it's not valid.
(31:42):
And I think you can get attorney's fees. The problem
is you're gonna have to write a check to some
attorney to start this. You can try to do it
on your own. I don't know how to do it
on my own. I hire a lawyer, but then you know,
I'm probably a worse lawyer than you are when it
comes to things that are out of my expertise. And
that should get fairly should be fairly simple. I mean,
it's it's the lean is not valid and it happens
(32:06):
all the time with people filings, all right.
Speaker 10 (32:10):
Just to add to the story, I did some digging
and this person that I had the judgment with is
deceased as well. This person died, Yeah.
Speaker 2 (32:19):
That does that doesn't That doesn't matter, because whoever inherits
a a state, also inherits any judgment. That is, oh
that the estate owns the judgment. Now, if they've distributed
it and nothing is done, it's still the same thing.
You're expunging the lian and you're going against whoever files
(32:41):
the lean, because if the lian is invalid, it just
isn't good anymore. And that's the argument.
Speaker 10 (32:49):
So this person probably forgot about me and did not assign.
Speaker 2 (32:56):
The But here's the Okay, I got it, but there's
still a lean there. You're not gonna be able to
sell the house.
Speaker 10 (33:02):
Yeah, I get it. So I do have to have
a remove.
Speaker 8 (33:04):
Yeah, you got it.
Speaker 2 (33:05):
You have to expunge the lean. You've got to get
rid of it. And it's a motion to expunge, and
you're going whoever filed it. You're going to go after
because it's a lean that's not good anymore, or it's
not a valve lean. I can file a lien against
your house for no reason, and then you go in
front of the court to have it expunge, to say, Okay,
you're done. There is no lian, it's not valid. Here's
(33:26):
some attorney's fees because you had to go through the hassle.
This is handle on the law. You've been listening to
The Bill Handle Show. Catch My Show Monday through Friday
six am to nine am, and anytime on demand on
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