Episode Transcript
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Speaker 1 (00:00):
You're listenings KFI AM six forty the bill Handle show
on demand on the iHeartRadio f This is handle on
the law Marginal Legal Advice where I Bill Handle tell you,
whatever your name is, you have absolutely no case. This
was a stunner that just happened. The name Brian Kohlberger.
(00:23):
I don't know if that is familiar to you, but
you certainly know of what happens. A thirty year old
who was accused of was accused now just guilty of
fatally stabbing the four University of Idaho students in their
apartment in twenty twenty two. And it was a brutal,
brutal murder and it got national attention, even got an
(00:48):
international attention because it was four young people in their
dorm and this young man. We still don't know what
the motivation is. I don't know if we ever will,
but he was up for the death penalty, and the
prosecutor absolutely was going to go for their death penalty.
(01:08):
There was no plea bargaining involved at that time. He
had pled not guilty, which everybody does not because they're
not guilty, but because when you plead not guilty, the
prosecution now starts compiling evidence has to be turned over
to the defense department, and it gives time, particularly for
the defense to sort of figure out what's going on.
(01:29):
Can we get some kind of a deal motions to
eliminate certain pieces of evidence to build up their case
or to build up their defense. Well, Brian Colberger was
set up for the death penalty, no question about it,
and in a turnaround he agreed to plead guilty to
all four counts of murder, and in exchange for that,
(01:54):
the prosecution took the death penalty off the table, so
he got or life sentences without the possibility of parole.
So he goes to life no parole and dies, and
then the next sentence kicks in life until he dies,
(02:16):
and then the next sentence kicks in and then the
next one after that. So he would have to die
four times and then he would I don't know, I
don't know if he know that would be it. He
would actually finish his sentence of dying four times in prison. So,
needless to say there it was merely a symbolic sentence
(02:42):
of four counts of life imprisonment without possibility ability of parole.
And now usually you don't see that, but this crime
was so horrendous it just shocked the court, it shocked
the community. And he just when you plead guilty, I mean,
the judge simply says, do you admit that you killed
(03:04):
these people in cold blood by individual name? Yes? Yes?
Do you understand you cannot appeal this. That's the other
thing that Coldberger did is eliminate his ability to appeal.
That happens too, and so he is put away for
the rest of his life, and a lot of people
(03:26):
think he should have died. But you know, the death
penalty today really isn't the death penalty people who are
in death row the last thirty five years before they're executed,
if they're ever executed, and really only takes one judge
to the whole process to overturn the death penalty. The
number of people who die in prison as executed in
(03:47):
prison are infinitesimal. The chances are one in hundreds. So
they're in prison. Well, far, far, far more people die
in prison of old age and disease and infirmaries in
than infirmities than anybody who's ever executed. Okay, let's go
ahead and take some phone calls. Oh Simon, Hello Simon.
Speaker 2 (04:14):
Oh Hello Bill, How are you Bill?
Speaker 1 (04:16):
Yes, sir? What can I do for you? Simon?
Speaker 3 (04:19):
Hi? Bill?
Speaker 2 (04:20):
How do I deal with a non paying roommate? I
carried him for about six months and now it's beyond
my names, even though I pay for all utilities.
Speaker 1 (04:39):
Yeah, you have it now? Who won't let me ask
some me? Do you have a lease? Simon?
Speaker 2 (04:45):
We don't have an actual lease. There is no record
of a written lease.
Speaker 1 (04:51):
Okay, so you don't have a lease. The two of you,
all right, the two of you? Do you split the rent? Simon?
Speaker 2 (04:57):
We did split rent for close to.
Speaker 1 (05:02):
Ten years, okay, and now he's not paying? And are
you paying the rent?
Speaker 2 (05:08):
I up to six months. I paid the full amount
of rents starting March of this year, just paid my own.
Speaker 1 (05:18):
Oh yeah, well, you're gonna get evicted because that's half
the rent. Right. The landlord doesn't care who pays or
doesn't pay between the two of you. The landlord wants
the rent. And if the landlord doesn't get a rent,
he kicks you out. He kicked both of you out.
Speaker 4 (05:34):
I hear you.
Speaker 2 (05:34):
But there is no return lease.
Speaker 1 (05:36):
It doesn't matter. You're still on a tendency. You're on
a month to month Tennessee's Simon. In lieu of a
written lease, it is a month to month, which means
you can bail out whenever you want, and the landlord
can bail out by giving you a six months notice,
which I think is California now. So the fact that
(05:58):
you don't have a written lease means nothing other than
you don't have a long term lease. So bottom line,
have you been paying the whole amount of rent?
Speaker 2 (06:07):
I have not carried He's behind close to ten months.
Speaker 1 (06:13):
Okay. Who does he owe the money? Who does he
owe the money to you? Or the landlord?
Speaker 2 (06:19):
The landlord?
Speaker 1 (06:20):
Okay, and the landlord has not evicted you yet.
Speaker 2 (06:25):
No, you know, no intention of eviction.
Speaker 3 (06:28):
Okay.
Speaker 1 (06:28):
So the landlord is perfectly fine getting half the rent.
Speaker 2 (06:33):
Seems like it.
Speaker 1 (06:34):
Oh, then you just leave it alone, Simon, Leave it alone,
Leave it alone, Simon.
Speaker 2 (06:40):
This unit is way on the market value. He could
get three times.
Speaker 1 (06:45):
Okay. So you've got a landlord landlord who is either nuts,
doesn't understand the value, or is so wealthy doesn't care,
which you know, it is pretty I'd be surprised. But
if the landlord is willing to accept only half the rent, uh,
and you are paying the full part of half the rent.
You know what I do. I'd sue your your roommate
(07:08):
for half that you have paid. Although he's going to
argue that, you know what, the landlord's taking half and
you're paying the half. I mean, there's all kinds of
stuff going on there. But I sue for half. I'd
sume for half the money you paid. That's what we doing.
Speaker 2 (07:24):
An addition, for the six months that he was behind,
I was able to get two judgments trying to collect.
Speaker 1 (07:33):
On it against against him. You've got two judgments against him, right, Okay,
So what's your question? So what's your question?
Speaker 4 (07:41):
Question?
Speaker 3 (07:41):
Is uh.
Speaker 2 (07:43):
I provided that to the landlord knowing that he's behind
on rent.
Speaker 1 (07:51):
Okay, I understand. I don't know why the landlord cares.
If the landlord's willing to have accept half rent. Okay,
why why does the landlord care that you have a
judgment against.
Speaker 2 (08:00):
Him, just to show him that I'm not right?
Speaker 3 (08:06):
All right?
Speaker 1 (08:07):
Okay? In the meantime, in the meantime, the landlord is
willing to accept half rent. And whether you have a judgment,
don't have a judgment. Whether you can fly not fly,
it doesn't matter. Landlord's not getting his rent is not
evicting you terrific sue him for if you have a judgment,
go after is he working? Is your roommate working.
Speaker 2 (08:30):
One day a week?
Speaker 1 (08:32):
Oh well you can garnish wages. That's tough. So and
he's a tenant there, all right, So you continue, you
continue paying half the rent, make his life miserable. So
he moves out somehow, although I don't know why he
would because he's not paying any rent. Very strange situation, simon,
very strange. We are in a changing world, the economy, technology, education,
(08:57):
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(09:40):
Use the code KFI fifteen percent off until the end
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Use the code KFI Zelmans dot com. This is handle
on the law and welcome back. This is handle on
the Law marginal legal ad advice where I tell you
(10:02):
you have absolutely no case. Greg. Hello Greg, Welcome.
Speaker 4 (10:08):
Hey Bill, thanks for making the call.
Speaker 1 (10:11):
Sure.
Speaker 4 (10:11):
Hey, So I used to have a golf key time program.
So I pay ninety nine dollars a month into it.
They'd give you a bunch of points to use those
points to book golf fee times. Okay, So I did
it for a couple of years, and then back in
let's say twenty two, I sustained a couple of injuries,
(10:33):
still kept paying into it, and then October twenty three
they sold the company to a used golf company, used
golf equipment company. That company was supposed to continue to
have the program, but they needed to get their whole
program in place and get it online and the whole service. Well,
it's now been since October twenty three, and I've asked
(10:54):
them a couple of times. Hey, guys, what's going on now?
They're not taking any more money out, but I've got
eighteen hundred bucks rested there.
Speaker 1 (11:02):
Okay, so you have eighteen hundred You have eighteen hundred
dollars that you have paid them, but you didn't take
advantage of those tea times because you were injured. Correct, correct,
But you're still paid and you're still paid.
Speaker 4 (11:16):
Yeah, so they stopped collecting, but the money's sitting there
in the used golf in the use golf company's program
with the hope that they're going to set up a
T time program. And I emailed them a bunch of
times like oh, we're still working on it. Oh it's
paying the ass blah ba buff And then the guy
started getting belligerate. He's like, stop harassing us, and you know,
and I'm all like, hey, all right, I'm so excited.
(11:37):
I can't wait. You guys do this, you know.
Speaker 1 (11:39):
So Okay, I've got a couple of questions understood. H
So you continue pay while you're injured. And how long
you have company A buys company? B all right, you
have used golf club, the use golf equipment, buys golf course.
How long were you injured that you continued paying that
(12:01):
ninety nine bucks.
Speaker 4 (12:05):
It was probably like a year and a half, two years, Okay,
in October when they bought the company, they stopped collecting
and that's when I was ready to play.
Speaker 1 (12:14):
Okay, so they did so hang on a minute. So, uh,
when you were ready to play and you went back
to play, even though you paid the ninety nine dollars,
they said, we're done with this program. We're not going
to take your money anymore, right.
Speaker 4 (12:28):
But but we're starting to. We are going to honor
it and we're going to create a golf key time
part of our business where we can use that money.
Speaker 1 (12:38):
All right, So, which about yet?
Speaker 4 (12:41):
Okay, So the question is one do if I at
this point, like I would love to see him do it,
but I don't think you're gonna so at this Okay,
I want the money back? Why? So the question is.
Speaker 1 (12:52):
Why why do you want your money back? You paid,
they gave it. You're the one that elected not to
You're you're the one that elected not to use the
tea time.
Speaker 4 (13:01):
No, but remember so, so you're you could always pay
into it and can continue to build up the points
and then use it for a more expensive.
Speaker 3 (13:08):
Golf out it.
Speaker 4 (13:10):
So so it was part of their program.
Speaker 5 (13:12):
Okay, so the program, all right, So the program you
paid into it, and if you didn't use it, it
continued on and you basically it's not a user lose
it if you don't use it.
Speaker 1 (13:23):
It continues on that correct exactly. Okay, got it?
Speaker 3 (13:26):
All right?
Speaker 1 (13:27):
Fair enough.
Speaker 4 (13:28):
So the question is if I want the refud. Yeah,
I already said last month, I said, hey, you know,
maybe if we should start thinking about a refule, and
of course I haven't got a response back in like
five months.
Speaker 1 (13:39):
Okay, that's easy, all right.
Speaker 4 (13:41):
So do I need to send another or just just
file small's? Planes course, no, you send you have to
send a demand.
Speaker 1 (13:47):
You have to send you have to send a demand
that you want your money back there.
Speaker 4 (13:50):
And actually not how many of those do I have
to do before.
Speaker 1 (13:53):
I would do I would do it. I would do too.
I would do too, and say I want the demand,
I want my money back within ten days. They're not
going to pay. You send another one and say I'm
extending in another ten days to give you a chance.
And then if they say no, you filed a camp
excuse me, you filed a small claim. Share You're gonna
win it. Yeah, you got it. Yeah, you got it.
Speaker 4 (14:15):
Yeah a lot man.
Speaker 1 (14:17):
Yeah, you're gonna win. There's yeah. Unfortunately you are going
to win. Carol. Hi, Carol, welcome.
Speaker 4 (14:25):
Hi.
Speaker 1 (14:26):
Hello, Yes, ma'am Bill, Yes, it is.
Speaker 6 (14:29):
So oh great Bill. Well, this is Carol and I
have a question. I had a trust drawn up in
twenty seventeen and I would like to take one of
the executors off and one of the beneficiaries. Do I
need to see my original attorney or can I do
it any other way?
Speaker 1 (14:50):
How much money, Carol, are you talking about here?
Speaker 6 (14:55):
Well, we only have about well we have a with
everything about a million of my us that.
Speaker 1 (15:01):
I how much money totally? How much money total? I
mean you put it all together, that you have a will.
How much money are you leaving.
Speaker 2 (15:10):
A million.
Speaker 6 (15:15):
Divided between five grandchildren?
Speaker 1 (15:17):
That doesn't matter. That doesn't matter, Carrol. You're leaving a
million dollars and that is cash, correct, stocks in my house? Right?
Speaker 3 (15:27):
Oh?
Speaker 1 (15:27):
And you put it all together. I would go to
the original attorney. It's going to be very inexpensive. Can
you do it yourself? Yeah? But if you make a mistake, Carol,
you've got someone who was in the original will as
a beneficiary, who is your dead already at this point,
who is not going to be happy? And say, you
(15:49):
know what, there's one hundred and fifty thousand dollars or
two hundred thousand dollars, give or take. That's worth bringing
someone in to contest the will. You want it airtight,
go to the original attorney. It shouldn't be very much
money at all. Just cover your button, yeah, cover your
butt on this one. It's worth it. It always is
(16:09):
worth it. I've actually had people ask me on the
show and they go, hey, can I write my own will?
And I always ask the same question, how much money
are we talking about? For two reasons. Number one, I'm
nosy as hell and I like to know how much
money people have. And number two, do we want or
we want to make sure that it is as air
(16:32):
tight as possible for exactly the reasons that I just
gave you, And so I have asked people, So, how
much money are we talking about? Fifteen million dollars? Is
it fifteen? For fifteen million dollars? You want to save
a couple of thousand dollars to make sure that your
money goes exactly where you want your money to go seriously, Yeah, seriously,
(16:56):
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(17:18):
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(17:39):
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(17:59):
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com slash handle. This is Handle on the Law.
Speaker 7 (18:16):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 1 (18:22):
This is the law marginal legal advice where I Bill
Handle tell you, whatever your name is, you have absolutely
no case. Hey, Steve, welcome to Handle on the Law.
What can I do for you?
Speaker 8 (18:36):
Yeah, mister Bill, I'm a seventy four year old disabled
with wet brain syndrome and I have been reaching out
for all sorts of improvements to help my physical being.
And I got a hold of this place out of Florida,
and I had a refund policy and everything I tried it,
(18:58):
it didn't work. Got in touch with them back and
followed all the rules and they agreed to give me
my money back, and then they won't.
Speaker 1 (19:08):
Okay, my first call is start with did you say
wet brain syndrome.
Speaker 8 (19:14):
Yes, it's called winnicky corsicoff.
Speaker 1 (19:16):
Oh tell me about it. What I've never heard of
wet brain syndrome.
Speaker 8 (19:21):
It's basically for alcohol and drugs and abuse and stuff
too much in my past. And okay, you get off
of it, and it affects the you're thinking, It goes through,
It affects the nervous system. Okay, you drop things, you're unstable,
(19:46):
got it your thought process? And I was on oxy
conton for eighteen months for broken back, and I weighed
one hundred and five pounds at the end of it.
Speaker 2 (20:00):
And they, uh uh when.
Speaker 8 (20:02):
They finally took me off from it, they had no
idea and they had no idea the lasting effects because
the drug was actually made for terminal cancer.
Speaker 1 (20:12):
Page Yeah, no, I know it was. You know, there's
a little scandal there and they it was a lawsuit
and billions of dollars settled. So the product that you
bought that doesn't work, tell me about that.
Speaker 8 (20:26):
It was supposed to help improve your being of course mail.
Speaker 1 (20:31):
Hold on, improve your let's not talk about the name
of the company. But what does that mean? Improve your being?
Speaker 8 (20:38):
It would be for how would I say, uh, mail enhancement.
Speaker 1 (20:43):
Ah, okay, it's a spun drug. Oh okay, it's sort
of not it so.
Speaker 8 (20:51):
You could pitch a tan Yeah it was hopefully Yeah that.
Speaker 1 (20:55):
Was okay, got it all right? And it didn't work.
Speaker 8 (21:00):
No, it actually it even made it worse.
Speaker 2 (21:03):
Okay.
Speaker 8 (21:04):
Yeah, anyway, I followed all the rules.
Speaker 1 (21:07):
You know, you said that, you said that, no, Steve,
you said that how much you just how much you
you spend on this drug?
Speaker 8 (21:14):
It was three hundred and fifteen dollars in change.
Speaker 1 (21:17):
Ooh that's a lot. Okay, So they don't they won't
give you your money back. Your swan still doesn't work,
and it's okay. Uh. And you want to know what
to do about it?
Speaker 4 (21:30):
Right?
Speaker 8 (21:32):
I wanted to know if I can sue them in
small claims.
Speaker 1 (21:34):
Of course you can tell you can. But here's the problem.
You know, Well, it depends on the small claims court
because a lot of small claims court don't allow out
of state. Yes, you can serve. You can sue them
because you can sue them where the contract takes place
or where they are where you live. But let me
let me tell you what's going on. You have to
sue it's going to cost you a hundred bucks. Uh.
(21:56):
Then you have to serve them in floor Florida, which
means you're gonna have to hire a process server in
Florida or the marshall in Florida. I don't even know
how that works. And are you going to get a judgment? Probably?
Now what do you do with that? Well, you have
to collect the money in Florida, which means you have
(22:17):
to go through another process in what is called domesticating
the judgment, which means a California judgment has to go
through the process and it becomes a Florida judgment, which
is a procedural issue. It's not a problem. You're not
fighting it or anything. And you're out hundreds and hundreds
of dollars and you're not gonna see any money, Steve.
(22:41):
These people don't pay there, they don't pay you back.
Give it up. You got You basically got screwed, and
you can't. You got screwed and you can't screw Oh,
it's very interesting. Now. I wouldn't deal with it. I wouldn't.
I don't think it's it's gonna help at all. Hello, Linda,
(23:03):
Hi Bill, Yes, ma'am.
Speaker 9 (23:05):
Okay, yeah, oh god. I have a situation where I
have a property that was initially listed as joint tenants,
but somehow, when my father died, it turned out to
be tenants in common. So when I tried to get
my cousin to help me with about two hundred thousand dollars,
(23:26):
he said, okay, you give me a life of state
deed and then I'll give you the two hundred thousand dollars,
but because of the problem with the title, which I
was never informed what the problem was. I was just
told that it wasn't clear, so I didn't do anything
about it, and then now I'm not getting the two
(23:47):
hundred thousand dollars.
Speaker 1 (23:49):
Okay, you were Hold on a minute. You were one
of the people that had the tenant in common. You
were one of the tenants in common. Correct, My father.
Speaker 9 (24:01):
My mother and I had it joint tenancy.
Speaker 1 (24:03):
Okay, I got out and somehow, okay, somehow he got
changed to a tenant in common. So who are the
owners of the tenancy in common? Who owned the property?
Speaker 2 (24:14):
I own it?
Speaker 1 (24:15):
Okay? No, so it's in the title? Is in your name?
Speaker 9 (24:20):
Well, but yet but my mother passed away. But still
that's what the problem is. It's it's still listed. So
they're telling me, wait a.
Speaker 1 (24:28):
Minute, Hang on a minute, Hold on a minute, it's
in your name or it isn't who owns the property? Okay,
solely so the tenants in common? There there is no
tenancy in common if it's in your name.
Speaker 2 (24:45):
I don't know.
Speaker 4 (24:46):
That's what's where where.
Speaker 1 (24:47):
I don't I don't get either. It's in your name
or it's the name of the tenants in common. It's
one of the two.
Speaker 9 (24:56):
Well, I think it's in tenants in common, but my mom.
Speaker 1 (24:59):
Okay, so now you so it's not yours. So it's
not in your name. It's in both names a long
time ago. It doesn't matter. So she's still on title. Yes, okay,
see her, you're really confusing me. Okay, she's on title.
Has it changed at all? Has it changed?
Speaker 9 (25:19):
No?
Speaker 3 (25:20):
Because okay.
Speaker 1 (25:21):
So now, by the way, so she is the one,
she is the one that owned the property when she died.
Correct with me? Yes, with you as a as a
as a joint tenant or tenant in common, as a
tenant in common. Okay. So now who inherited her tenant
(25:42):
in common? You own yours? Okay, you own half of
it or whatever percentage. Who inherited her part? No one?
So that part is still in her name. Okay, So
that part isn't her name based on the fact there
is no life estate. Okay, you just get to figure
this out because that I'm confused and you're mixing everything up.
(26:04):
And you know, thank you if you were paying me,
if you walked into my office, I throw you out
I go. I don't want to hear it anymore, you know,
enjoy yourself. Here's two bucks, go get a cup of coffee. Ken, Hello, Ken, welcome.
Speaker 2 (26:19):
Yes, I am taking a person to small claims court
and I fully expect to win my case.
Speaker 8 (26:27):
Okay, however, I may have to attach this person's wages.
Speaker 4 (26:33):
Okay, what's the process.
Speaker 1 (26:37):
Well, first I have to find out where the hell
they work.
Speaker 3 (26:40):
Okay, that's easy.
Speaker 1 (26:42):
But that's easy to do. You have the name, you
have information, and that's today online you can find out
everything about everybody. Okay, Then what you do, I'm sorry,
you'll take your judgment. First of all, you win a judgment,
they have thirty days in which to appeal it and
go back to court and ask for a trial denovo
(27:02):
which means brand new trial, and you do it all
over again, and you'll get your judgment, hopefully if you
have that strong of a case. Now you have a judgment,
and if they don't pay, you've got thirty days and
then you start collecting. And the way to collect if
you want to garnish wages is you go to the
Marshall's office with your judgment, and the marshall serves the employer,
(27:26):
and then a percentage of the defendant's wages are then
given to the marshal and then you're months later you
get the money. It takes forever, it's really complicated. Or
if they have a bank account that's still around, you
can attach the bank account. Oh and the marshal does that. Marshall, Yeah,
(27:50):
Marshall will go and serve and pick up the money
from the bank account.
Speaker 2 (27:55):
Yep.
Speaker 1 (27:56):
All right, So that's Easypsy. This is handle on the law.
The law. Michael, Hi, Michael.
Speaker 4 (28:07):
Welcome, Thank Bill.
Speaker 1 (28:09):
How are you to yes, sir, what can I do
for you?
Speaker 3 (28:13):
So my question is I was arrested in March of
this year for domestic violence against my wife short stories.
She came to a location where I was after I'd
let her know that we were going to be together anymore,
first into the home where I was staying, damaged the
cars that were there that didn't belong to me, got
(28:34):
her to leave. Was called a few hours later by
the local police department to let me know that she
had gone down and filed a complaint against me, saying
that I had alleged allegedly, uh you know, harm hern okay,
So made arrangements with them to come and see me.
(28:55):
The following day they come out. I showed them the
video where she comes to the house, she kicks the
door in, she damages the vehicles unbeknounced to me before
she even gets there. All of this is reported. Okay,
so they arrested me. They tell me that they're arresting
me because she has physical injury, and I don't explain
(29:16):
to them that, you know, I was just simply preventing
her from causing further damage what they can clearly see
in the video, it's clear. So I get sent to jail,
go to jail three days because I've refused to pay
the bail. DA sees it. They kicked the case immediately, right.
Speaker 1 (29:34):
What did you let me ask them, Michael, why did
you refuse to pay the bail.
Speaker 3 (29:38):
Because I was never going to get the money back.
It's fine.
Speaker 1 (29:41):
No you're wrong about that. No no no no no no no,
you're wrong about that. Bail is only to make you
show up. It is not about you losing the bail money.
You get all the bail money back, every dime.
Speaker 3 (29:56):
It was a fifty thousand dollars bail, but the bail
bondsman was.
Speaker 1 (30:00):
That's different, that's different. That's okay, that's five thousand dollars.
That's correct, you lose five thousand dollars.
Speaker 3 (30:08):
Correct. And I knew that I hadn't done anything far enough, the.
Speaker 1 (30:13):
DA kicked the DA kicked the case. What's your question?
Speaker 3 (30:16):
So all right, so the question is and then there's
the second part question. So the question is is that
the law enforcement agency clearly knew that I was in
the right on this and they arrested me anyway? Do
I have a case against them?
Speaker 1 (30:29):
Nope, Nope, nope, absolutely not because she shows up with
injury and says you do it, and the policy is
they're going to grab you and arrest you and they
just don't care. Yeah, yeah, even though yep, even though
now you can try and say false arrest maybe, but
(30:51):
every case I've ever heard of has gone no place,
you know. But it's worth talking to an attorney and saying,
are there cases here? Because this was clear? But I
showed them what was happening. And here's the argument is
could you have done her damage because you have injured
her outside of the video, outside of the time of
(31:13):
the video. I don't know. Maybe there's proof that that's impossible,
but it's very rare that you even let me put
it this way. I have friends of mine, a friend, specifically,
a lawyer who represented a guy who was not only
arrested wrongly, but was thrown into a car and beat
(31:35):
up by the cops and he lost and he lost. Yeah,
so it's it's a tough one. It is. Yeah, it's
it's horrible. What what's your second question?
Speaker 3 (31:49):
So she also is my insurance agent. He started a
RL policy for me while I was in jail. She
emptied the Now I own the policy, she's not the
owner of it.
Speaker 1 (32:03):
How much money?
Speaker 3 (32:04):
How much?
Speaker 1 (32:04):
How much money?
Speaker 3 (32:06):
She took forty dollars off?
Speaker 1 (32:08):
Okay, so let me ask you, how does a non
owner take that much money out of an insurance policy.
Speaker 3 (32:14):
He's my agent, she's my wife.
Speaker 1 (32:16):
It doesn't matter. She doesn't have the right to do
she doesn't have the right to do that. That's your
lawsuit against her. Yeah, that's your lawsuit. Yeah, you've got
a lawsuit against her. And yeah, there's no question about
that one. And there may even be some criminal violations
there too. Naomi Hi, Naomi hi? Do you good? What
can I do? Are you you're not on a you're
(32:39):
on a cell phone. You're not on a speakerphone, are you.
Speaker 10 (32:43):
Well, I'm in the car by myself.
Speaker 1 (32:45):
Okay, Well all right, I'll give it to you. What
can I do for you?
Speaker 3 (32:49):
Okay?
Speaker 10 (32:51):
Well, I fell at Anaheim's Stadium. The scare was deeper
than I thought, and when I came down, I ended
up fracturing my kidia.
Speaker 4 (33:05):
So I'm not really sure.
Speaker 10 (33:07):
If that's just something that's, you know, my fault and
I wouldn't have a case, or I just kind of
wanted a little advice.
Speaker 1 (33:17):
Yeah, well, here's the issue there. First of all, there's
no defense if you're just a klutz. I mean, people
do fall. I happen to have zero balance. So yeah,
I met you.
Speaker 2 (33:30):
Okay, yes.
Speaker 1 (33:32):
And the other issue you met iby you know that
Anaheim Stadium has met code. I mean there is no
chance that when they built the stadium they met all
the code issues in terms of lighting, in terms of
the railing. So you have to argue they did something wrong.
(33:54):
And if they've met all code and the lighting is
all there, they're going to say, hey, people all and congratulations.
So I don't I don't think there's anything there, however,
because you fractured your tipia. You know, there's always uh,
personal injury lawyers that will at least look at it
and see if there is just a nail, one small
(34:16):
nail to hang your hat on, uh, and they look
at it if the damages are enough, and I think
you have enough? Did you have surgery of any kind?
Speaker 10 (34:26):
No, I'm it just happened on the ninth. So I'm
just in the beginning stages of I saw the orthopedic
surgeon yesterday and he's gonna send me for an MRI.
I okay, all.
Speaker 1 (34:40):
Right, So here's here's on the stairs.
Speaker 3 (34:44):
That all right?
Speaker 1 (34:45):
And I don't know and it could be they met
code or not met code. I can't imagine they wear
a code. But here's what I want you to do. Uh,
go to the website. Go to handle on the law
dot com because they that that the the website is
about personal injury lawyers and they're they'll they'll tell you
if it's a good case or not. These guys know
what they're doing and their level of expertise is very high.
(35:07):
And it doesn't cost you anything. Obviously, it's free consultation.
If they go forward, you're you know that any money
comes out of a percentage of the settlement. And of
course they do far better than you can ever do
on your own, so go to the website. Also, what
they're going to do is send you probably to their doctor,
because their doctor is going to look at it and
(35:31):
give the most I guess conservative, not conservative. The other
way approach to the medical care that you need. And
let me give you an example. Let's say you get
in a just a rear ender and you have a
sore neck and sell a soft tissue. You go to
(35:52):
Kaiser where I belong, and they're going to say, here's
a couple of aspirin, leave us alone, go home. You
go to one of the doctors that they send you to,
they're gonna go, hey, you need some therapy, you need
some heat packs, and we want you to go to
a medical doctor. By the way, both are legitimate h
(36:13):
so's there's no question. And you and when you're talking
to an insurance company, you want the biggest damages possible,
because how much money do you think you're going to
get When the doctor says, take two aspirin and if
it's really bad, we'll see you next week, You're gonna
get five cents. And if you're going yeah, exactly. And
(36:34):
if you're treating for a while, legitimately you're actually going
to be talking to the insurance company for some money.
So when you go and they'll send you to a doctor,
assuming there's anything there, be prepared for the doctor to say,
we're going to remove your leg, because that is a
great case when that happens. Uh, leg gone is a
(36:56):
very good case if you happen to here some Here's
something I want to talk to you about is pain.
I live with someone who lives with pain twenty four
to seven chronic pain, a lot of pain, and it
absolutely kills me. I mean, she's the one that suffers,
but I see it and it just breaks my heart
and there's almost nothing I can do about it. Well,
(37:17):
what she does about her chronic pain is she has
a podcast and it's called The Pain Game Podcast, and
this helps her enormously and it helps other people who
are suffering from chronic pain and trauma. And she has
guests that deal with pain, experts in the field, people
are suffering, talk about what works, what doesn't work. I mean,
(37:39):
it's pretty comprehensive and every episode ends with a message
of hope. That's so important with people with pain and
the show is about giving pain purpose. I mean that
sounds weird, but it really is about that. And if
you listen to the Pain Game Podcast you'll see what
I'm talking about. It's the Pain Game Podcast. That's the
Pain Game Podcast. Wherever you listen to podcasts, you can
(38:01):
follow on social at the at the Pain Game Podcast
Season three just started paying The Pain Game Podcast. This
is Handle on the Law.
Speaker 7 (38:14):
You're listening to Bill Handle on demand from kf I
AM six forty
You're listenings KFI AM six forty the bill Handle show
on demand on the iHeartRadio f This is handle on
the law Marginal Legal Advice where I Bill Handle tell you,
whatever your name is, you have absolutely no case. This
was a stunner that just happened. The name Brian Kohlberger.
(00:23):
I don't know if that is familiar to you, but
you certainly know of what happens. A thirty year old
who was accused of was accused now just guilty of
fatally stabbing the four University of Idaho students in their
apartment in twenty twenty two. And it was a brutal,
brutal murder and it got national attention, even got an
(00:48):
international attention because it was four young people in their
dorm and this young man. We still don't know what
the motivation is. I don't know if we ever will,
but he was up for the death penalty, and the
prosecutor absolutely was going to go for their death penalty.
(01:08):
There was no plea bargaining involved at that time. He
had pled not guilty, which everybody does not because they're
not guilty, but because when you plead not guilty, the
prosecution now starts compiling evidence has to be turned over
to the defense department, and it gives time, particularly for
the defense to sort of figure out what's going on.
(01:29):
Can we get some kind of a deal motions to
eliminate certain pieces of evidence to build up their case
or to build up their defense. Well, Brian Colberger was
set up for the death penalty, no question about it,
and in a turnaround he agreed to plead guilty to
all four counts of murder, and in exchange for that,
(01:54):
the prosecution took the death penalty off the table, so
he got or life sentences without the possibility of parole.
So he goes to life no parole and dies, and
then the next sentence kicks in life until he dies,
(02:16):
and then the next sentence kicks in and then the
next one after that. So he would have to die
four times and then he would I don't know, I
don't know if he know that would be it. He
would actually finish his sentence of dying four times in prison. So,
needless to say there it was merely a symbolic sentence
(02:42):
of four counts of life imprisonment without possibility ability of parole.
And now usually you don't see that, but this crime
was so horrendous it just shocked the court, it shocked
the community. And he just when you plead guilty, I mean,
the judge simply says, do you admit that you killed
(03:04):
these people in cold blood by individual name? Yes? Yes?
Do you understand you cannot appeal this. That's the other
thing that Coldberger did is eliminate his ability to appeal.
That happens too, and so he is put away for
the rest of his life, and a lot of people
(03:26):
think he should have died. But you know, the death
penalty today really isn't the death penalty people who are
in death row the last thirty five years before they're executed,
if they're ever executed, and really only takes one judge
to the whole process to overturn the death penalty. The
number of people who die in prison as executed in
(03:47):
prison are infinitesimal. The chances are one in hundreds. So
they're in prison. Well, far, far, far more people die
in prison of old age and disease and infirmaries in
than infirmities than anybody who's ever executed. Okay, let's go
ahead and take some phone calls. Oh Simon, Hello Simon.
Speaker 2 (04:14):
Oh Hello Bill, How are you Bill?
Speaker 1 (04:16):
Yes, sir? What can I do for you? Simon?
Speaker 3 (04:19):
Hi? Bill?
Speaker 2 (04:20):
How do I deal with a non paying roommate? I
carried him for about six months and now it's beyond
my names, even though I pay for all utilities.
Speaker 1 (04:39):
Yeah, you have it now? Who won't let me ask
some me? Do you have a lease? Simon?
Speaker 2 (04:45):
We don't have an actual lease. There is no record
of a written lease.
Speaker 1 (04:51):
Okay, so you don't have a lease. The two of you,
all right, the two of you? Do you split the rent? Simon?
Speaker 2 (04:57):
We did split rent for close to.
Speaker 1 (05:02):
Ten years, okay, and now he's not paying? And are
you paying the rent?
Speaker 2 (05:08):
I up to six months. I paid the full amount
of rents starting March of this year, just paid my own.
Speaker 1 (05:18):
Oh yeah, well, you're gonna get evicted because that's half
the rent. Right. The landlord doesn't care who pays or
doesn't pay between the two of you. The landlord wants
the rent. And if the landlord doesn't get a rent,
he kicks you out. He kicked both of you out.
Speaker 4 (05:34):
I hear you.
Speaker 2 (05:34):
But there is no return lease.
Speaker 1 (05:36):
It doesn't matter. You're still on a tendency. You're on
a month to month Tennessee's Simon. In lieu of a
written lease, it is a month to month, which means
you can bail out whenever you want, and the landlord
can bail out by giving you a six months notice,
which I think is California now. So the fact that
(05:58):
you don't have a written lease means nothing other than
you don't have a long term lease. So bottom line,
have you been paying the whole amount of rent?
Speaker 2 (06:07):
I have not carried He's behind close to ten months.
Speaker 1 (06:13):
Okay. Who does he owe the money? Who does he
owe the money to you? Or the landlord?
Speaker 2 (06:19):
The landlord?
Speaker 1 (06:20):
Okay, and the landlord has not evicted you yet.
Speaker 2 (06:25):
No, you know, no intention of eviction.
Speaker 3 (06:28):
Okay.
Speaker 1 (06:28):
So the landlord is perfectly fine getting half the rent.
Speaker 2 (06:33):
Seems like it.
Speaker 1 (06:34):
Oh, then you just leave it alone, Simon, Leave it alone,
Leave it alone, Simon.
Speaker 2 (06:40):
This unit is way on the market value. He could
get three times.
Speaker 1 (06:45):
Okay. So you've got a landlord landlord who is either nuts,
doesn't understand the value, or is so wealthy doesn't care,
which you know, it is pretty I'd be surprised. But
if the landlord is willing to accept only half the rent, uh,
and you are paying the full part of half the rent.
You know what I do. I'd sue your your roommate
(07:08):
for half that you have paid. Although he's going to
argue that, you know what, the landlord's taking half and
you're paying the half. I mean, there's all kinds of
stuff going on there. But I sue for half. I'd
sume for half the money you paid. That's what we doing.
Speaker 2 (07:24):
An addition, for the six months that he was behind,
I was able to get two judgments trying to collect.
Speaker 1 (07:33):
On it against against him. You've got two judgments against him, right, Okay,
So what's your question? So what's your question?
Speaker 4 (07:41):
Question?
Speaker 3 (07:41):
Is uh.
Speaker 2 (07:43):
I provided that to the landlord knowing that he's behind
on rent.
Speaker 1 (07:51):
Okay, I understand. I don't know why the landlord cares.
If the landlord's willing to have accept half rent. Okay,
why why does the landlord care that you have a
judgment against.
Speaker 2 (08:00):
Him, just to show him that I'm not right?
Speaker 3 (08:06):
All right?
Speaker 1 (08:07):
Okay? In the meantime, in the meantime, the landlord is
willing to accept half rent. And whether you have a judgment,
don't have a judgment. Whether you can fly not fly,
it doesn't matter. Landlord's not getting his rent is not
evicting you terrific sue him for if you have a judgment,
go after is he working? Is your roommate working.
Speaker 2 (08:30):
One day a week?
Speaker 1 (08:32):
Oh well you can garnish wages. That's tough. So and
he's a tenant there, all right, So you continue, you
continue paying half the rent, make his life miserable. So
he moves out somehow, although I don't know why he
would because he's not paying any rent. Very strange situation, simon,
very strange. We are in a changing world, the economy, technology, education,
(08:57):
but there are a couple of things that don't change.
One of them, I'm an ass I always have been.
And the other one is the success of Zelman's mente mouth.
These are little capsules that you swallow and at the
end of sucking off the minty coding, you either bite
into them or swallow, and they go into your gut
where they begin to work on the bad breath, the
(09:18):
smelly breath in your stomach as well as in your mouth.
There's the difference Zelman's minty mouth. If you're interested in
fresh breath. If you're like me, garlic onions. I love
those coffee in the morning. Those all cause bad smelly breath.
Zelman's It's a different animal completely. Go to Zelmans dot com.
(09:40):
Use the code KFI fifteen percent off until the end
of the month. Ze L M I N S dot com.
Use the code KFI Zelmans dot com. This is handle
on the law and welcome back. This is handle on
the Law marginal legal ad advice where I tell you
(10:02):
you have absolutely no case. Greg. Hello Greg, Welcome.
Speaker 4 (10:08):
Hey Bill, thanks for making the call.
Speaker 1 (10:11):
Sure.
Speaker 4 (10:11):
Hey, So I used to have a golf key time program.
So I pay ninety nine dollars a month into it.
They'd give you a bunch of points to use those
points to book golf fee times. Okay, So I did
it for a couple of years, and then back in
let's say twenty two, I sustained a couple of injuries,
(10:33):
still kept paying into it, and then October twenty three
they sold the company to a used golf company, used
golf equipment company. That company was supposed to continue to
have the program, but they needed to get their whole
program in place and get it online and the whole service. Well,
it's now been since October twenty three, and I've asked
(10:54):
them a couple of times. Hey, guys, what's going on now?
They're not taking any more money out, but I've got
eighteen hundred bucks rested there.
Speaker 1 (11:02):
Okay, so you have eighteen hundred You have eighteen hundred
dollars that you have paid them, but you didn't take
advantage of those tea times because you were injured. Correct, correct,
But you're still paid and you're still paid.
Speaker 4 (11:16):
Yeah, so they stopped collecting, but the money's sitting there
in the used golf in the use golf company's program
with the hope that they're going to set up a
T time program. And I emailed them a bunch of
times like oh, we're still working on it. Oh it's
paying the ass blah ba buff And then the guy
started getting belligerate. He's like, stop harassing us, and you know,
and I'm all like, hey, all right, I'm so excited.
(11:37):
I can't wait. You guys do this, you know.
Speaker 1 (11:39):
So Okay, I've got a couple of questions understood. H
So you continue pay while you're injured. And how long
you have company A buys company? B all right, you
have used golf club, the use golf equipment, buys golf course.
How long were you injured that you continued paying that
(12:01):
ninety nine bucks.
Speaker 4 (12:05):
It was probably like a year and a half, two years, Okay,
in October when they bought the company, they stopped collecting
and that's when I was ready to play.
Speaker 1 (12:14):
Okay, so they did so hang on a minute. So, uh,
when you were ready to play and you went back
to play, even though you paid the ninety nine dollars,
they said, we're done with this program. We're not going
to take your money anymore, right.
Speaker 4 (12:28):
But but we're starting to. We are going to honor
it and we're going to create a golf key time
part of our business where we can use that money.
Speaker 1 (12:38):
All right, So, which about yet?
Speaker 4 (12:41):
Okay, So the question is one do if I at
this point, like I would love to see him do it,
but I don't think you're gonna so at this Okay,
I want the money back? Why? So the question is.
Speaker 1 (12:52):
Why why do you want your money back? You paid,
they gave it. You're the one that elected not to
You're you're the one that elected not to use the
tea time.
Speaker 4 (13:01):
No, but remember so, so you're you could always pay
into it and can continue to build up the points
and then use it for a more expensive.
Speaker 3 (13:08):
Golf out it.
Speaker 4 (13:10):
So so it was part of their program.
Speaker 5 (13:12):
Okay, so the program, all right, So the program you
paid into it, and if you didn't use it, it
continued on and you basically it's not a user lose
it if you don't use it.
Speaker 1 (13:23):
It continues on that correct exactly. Okay, got it?
Speaker 3 (13:26):
All right?
Speaker 1 (13:27):
Fair enough.
Speaker 4 (13:28):
So the question is if I want the refud. Yeah,
I already said last month, I said, hey, you know,
maybe if we should start thinking about a refule, and
of course I haven't got a response back in like
five months.
Speaker 1 (13:39):
Okay, that's easy, all right.
Speaker 4 (13:41):
So do I need to send another or just just
file small's? Planes course, no, you send you have to
send a demand.
Speaker 1 (13:47):
You have to send you have to send a demand
that you want your money back there.
Speaker 4 (13:50):
And actually not how many of those do I have
to do before.
Speaker 1 (13:53):
I would do I would do it. I would do too.
I would do too, and say I want the demand,
I want my money back within ten days. They're not
going to pay. You send another one and say I'm
extending in another ten days to give you a chance.
And then if they say no, you filed a camp
excuse me, you filed a small claim. Share You're gonna
win it. Yeah, you got it. Yeah, you got it.
Speaker 4 (14:15):
Yeah a lot man.
Speaker 1 (14:17):
Yeah, you're gonna win. There's yeah. Unfortunately you are going
to win. Carol. Hi, Carol, welcome.
Speaker 4 (14:25):
Hi.
Speaker 1 (14:26):
Hello, Yes, ma'am Bill, Yes, it is.
Speaker 6 (14:29):
So oh great Bill. Well, this is Carol and I
have a question. I had a trust drawn up in
twenty seventeen and I would like to take one of
the executors off and one of the beneficiaries. Do I
need to see my original attorney or can I do
it any other way?
Speaker 1 (14:50):
How much money, Carol, are you talking about here?
Speaker 6 (14:55):
Well, we only have about well we have a with
everything about a million of my us that.
Speaker 1 (15:01):
I how much money totally? How much money total? I
mean you put it all together, that you have a will.
How much money are you leaving.
Speaker 2 (15:10):
A million.
Speaker 6 (15:15):
Divided between five grandchildren?
Speaker 1 (15:17):
That doesn't matter. That doesn't matter, Carrol. You're leaving a
million dollars and that is cash, correct, stocks in my house? Right?
Speaker 3 (15:27):
Oh?
Speaker 1 (15:27):
And you put it all together. I would go to
the original attorney. It's going to be very inexpensive. Can
you do it yourself? Yeah? But if you make a mistake, Carol,
you've got someone who was in the original will as
a beneficiary, who is your dead already at this point,
who is not going to be happy? And say, you
(15:49):
know what, there's one hundred and fifty thousand dollars or
two hundred thousand dollars, give or take. That's worth bringing
someone in to contest the will. You want it airtight,
go to the original attorney. It shouldn't be very much
money at all. Just cover your button, yeah, cover your
butt on this one. It's worth it. It always is
(16:09):
worth it. I've actually had people ask me on the
show and they go, hey, can I write my own will?
And I always ask the same question, how much money
are we talking about? For two reasons. Number one, I'm
nosy as hell and I like to know how much
money people have. And number two, do we want or
we want to make sure that it is as air
(16:32):
tight as possible for exactly the reasons that I just
gave you, And so I have asked people, So, how
much money are we talking about? Fifteen million dollars? Is
it fifteen? For fifteen million dollars? You want to save
a couple of thousand dollars to make sure that your
money goes exactly where you want your money to go seriously, Yeah, seriously,
(16:56):
let me talk about your business for a moment. If
you're business, well, let me put it this way. If
you are in business and it's not going as well
as it should go, and you haven't looked at AI
yet and I talking about NetSuite, you're probably losing money, productivity,
competitive edge. You can do a lot better. And this
(17:18):
is what NetSuite it's about. It helps you control costs
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management system, and it brings everything together, accounting, financial management, inventory.
If you do that, I do HR. If you have
more than one employee, believe me, you need this into
one efficient suite. It's all one number. Everything talks to
(17:39):
everything else looking at the same information. That's net suite.
And if you do two million dollars or more a
year in business, I know this is going to help you.
So here's what you do. You download for free the
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netswite can help you. And it's helped forty one thousand
(17:59):
businesses so far. Go to NetSuite dot com, slash handle
net suite as in office suites, hotel suites, NetSuite dot
com slash handle. This is Handle on the Law.
Speaker 7 (18:16):
You're listening to Bill Handle on demand from KF I
am six forty.
Speaker 1 (18:22):
This is the law marginal legal advice where I Bill
Handle tell you, whatever your name is, you have absolutely
no case. Hey, Steve, welcome to Handle on the Law.
What can I do for you?
Speaker 8 (18:36):
Yeah, mister Bill, I'm a seventy four year old disabled
with wet brain syndrome and I have been reaching out
for all sorts of improvements to help my physical being.
And I got a hold of this place out of Florida,
and I had a refund policy and everything I tried it,
(18:58):
it didn't work. Got in touch with them back and
followed all the rules and they agreed to give me
my money back, and then they won't.
Speaker 1 (19:08):
Okay, my first call is start with did you say
wet brain syndrome.
Speaker 8 (19:14):
Yes, it's called winnicky corsicoff.
Speaker 1 (19:16):
Oh tell me about it. What I've never heard of
wet brain syndrome.
Speaker 8 (19:21):
It's basically for alcohol and drugs and abuse and stuff
too much in my past. And okay, you get off
of it, and it affects the you're thinking, It goes through,
It affects the nervous system. Okay, you drop things, you're unstable,
(19:46):
got it your thought process? And I was on oxy
conton for eighteen months for broken back, and I weighed
one hundred and five pounds at the end of it.
Speaker 2 (20:00):
And they, uh uh when.
Speaker 8 (20:02):
They finally took me off from it, they had no
idea and they had no idea the lasting effects because
the drug was actually made for terminal cancer.
Speaker 1 (20:12):
Page Yeah, no, I know it was. You know, there's
a little scandal there and they it was a lawsuit
and billions of dollars settled. So the product that you
bought that doesn't work, tell me about that.
Speaker 8 (20:26):
It was supposed to help improve your being of course mail.
Speaker 1 (20:31):
Hold on, improve your let's not talk about the name
of the company. But what does that mean? Improve your being?
Speaker 8 (20:38):
It would be for how would I say, uh, mail enhancement.
Speaker 1 (20:43):
Ah, okay, it's a spun drug. Oh okay, it's sort
of not it so.
Speaker 8 (20:51):
You could pitch a tan Yeah it was hopefully Yeah that.
Speaker 1 (20:55):
Was okay, got it all right? And it didn't work.
Speaker 8 (21:00):
No, it actually it even made it worse.
Speaker 2 (21:03):
Okay.
Speaker 8 (21:04):
Yeah, anyway, I followed all the rules.
Speaker 1 (21:07):
You know, you said that, you said that, no, Steve,
you said that how much you just how much you
you spend on this drug?
Speaker 8 (21:14):
It was three hundred and fifteen dollars in change.
Speaker 1 (21:17):
Ooh that's a lot. Okay, So they don't they won't
give you your money back. Your swan still doesn't work,
and it's okay. Uh. And you want to know what
to do about it?
Speaker 4 (21:30):
Right?
Speaker 8 (21:32):
I wanted to know if I can sue them in
small claims.
Speaker 1 (21:34):
Of course you can tell you can. But here's the problem.
You know, Well, it depends on the small claims court
because a lot of small claims court don't allow out
of state. Yes, you can serve. You can sue them
because you can sue them where the contract takes place
or where they are where you live. But let me
let me tell you what's going on. You have to
sue it's going to cost you a hundred bucks. Uh.
(21:56):
Then you have to serve them in floor Florida, which
means you're gonna have to hire a process server in
Florida or the marshall in Florida. I don't even know
how that works. And are you going to get a judgment? Probably?
Now what do you do with that? Well, you have
to collect the money in Florida, which means you have
(22:17):
to go through another process in what is called domesticating
the judgment, which means a California judgment has to go
through the process and it becomes a Florida judgment, which
is a procedural issue. It's not a problem. You're not
fighting it or anything. And you're out hundreds and hundreds
of dollars and you're not gonna see any money, Steve.
(22:41):
These people don't pay there, they don't pay you back.
Give it up. You got You basically got screwed, and
you can't. You got screwed and you can't screw Oh,
it's very interesting. Now. I wouldn't deal with it. I wouldn't.
I don't think it's it's gonna help at all. Hello, Linda,
(23:03):
Hi Bill, Yes, ma'am.
Speaker 9 (23:05):
Okay, yeah, oh god. I have a situation where I
have a property that was initially listed as joint tenants,
but somehow, when my father died, it turned out to
be tenants in common. So when I tried to get
my cousin to help me with about two hundred thousand dollars,
(23:26):
he said, okay, you give me a life of state
deed and then I'll give you the two hundred thousand dollars,
but because of the problem with the title, which I
was never informed what the problem was. I was just
told that it wasn't clear, so I didn't do anything
about it, and then now I'm not getting the two
(23:47):
hundred thousand dollars.
Speaker 1 (23:49):
Okay, you were Hold on a minute. You were one
of the people that had the tenant in common. You
were one of the tenants in common. Correct, My father.
Speaker 9 (24:01):
My mother and I had it joint tenancy.
Speaker 1 (24:03):
Okay, I got out and somehow, okay, somehow he got
changed to a tenant in common. So who are the
owners of the tenancy in common? Who owned the property?
Speaker 2 (24:14):
I own it?
Speaker 1 (24:15):
Okay? No, so it's in the title? Is in your name?
Speaker 9 (24:20):
Well, but yet but my mother passed away. But still
that's what the problem is. It's it's still listed. So
they're telling me, wait a.
Speaker 1 (24:28):
Minute, Hang on a minute, Hold on a minute, it's
in your name or it isn't who owns the property? Okay,
solely so the tenants in common? There there is no
tenancy in common if it's in your name.
Speaker 2 (24:45):
I don't know.
Speaker 4 (24:46):
That's what's where where.
Speaker 1 (24:47):
I don't I don't get either. It's in your name
or it's the name of the tenants in common. It's
one of the two.
Speaker 9 (24:56):
Well, I think it's in tenants in common, but my mom.
Speaker 1 (24:59):
Okay, so now you so it's not yours. So it's
not in your name. It's in both names a long
time ago. It doesn't matter. So she's still on title. Yes, okay,
see her, you're really confusing me. Okay, she's on title.
Has it changed at all? Has it changed?
Speaker 9 (25:19):
No?
Speaker 3 (25:20):
Because okay.
Speaker 1 (25:21):
So now, by the way, so she is the one,
she is the one that owned the property when she died.
Correct with me? Yes, with you as a as a
as a joint tenant or tenant in common, as a
tenant in common. Okay. So now who inherited her tenant
(25:42):
in common? You own yours? Okay, you own half of
it or whatever percentage. Who inherited her part? No one?
So that part is still in her name. Okay, So
that part isn't her name based on the fact there
is no life estate. Okay, you just get to figure
this out because that I'm confused and you're mixing everything up.
(26:04):
And you know, thank you if you were paying me,
if you walked into my office, I throw you out
I go. I don't want to hear it anymore, you know,
enjoy yourself. Here's two bucks, go get a cup of coffee. Ken, Hello, Ken, welcome.
Speaker 2 (26:19):
Yes, I am taking a person to small claims court
and I fully expect to win my case.
Speaker 8 (26:27):
Okay, however, I may have to attach this person's wages.
Speaker 4 (26:33):
Okay, what's the process.
Speaker 1 (26:37):
Well, first I have to find out where the hell
they work.
Speaker 3 (26:40):
Okay, that's easy.
Speaker 1 (26:42):
But that's easy to do. You have the name, you
have information, and that's today online you can find out
everything about everybody. Okay, Then what you do, I'm sorry,
you'll take your judgment. First of all, you win a judgment,
they have thirty days in which to appeal it and
go back to court and ask for a trial denovo
(27:02):
which means brand new trial, and you do it all
over again, and you'll get your judgment, hopefully if you
have that strong of a case. Now you have a judgment,
and if they don't pay, you've got thirty days and
then you start collecting. And the way to collect if
you want to garnish wages is you go to the
Marshall's office with your judgment, and the marshall serves the employer,
(27:26):
and then a percentage of the defendant's wages are then
given to the marshal and then you're months later you
get the money. It takes forever, it's really complicated. Or
if they have a bank account that's still around, you
can attach the bank account. Oh and the marshal does that. Marshall, Yeah,
(27:50):
Marshall will go and serve and pick up the money
from the bank account.
Speaker 2 (27:55):
Yep.
Speaker 1 (27:56):
All right, So that's Easypsy. This is handle on the law.
The law. Michael, Hi, Michael.
Speaker 4 (28:07):
Welcome, Thank Bill.
Speaker 1 (28:09):
How are you to yes, sir, what can I do
for you?
Speaker 3 (28:13):
So my question is I was arrested in March of
this year for domestic violence against my wife short stories.
She came to a location where I was after I'd
let her know that we were going to be together anymore,
first into the home where I was staying, damaged the
cars that were there that didn't belong to me, got
(28:34):
her to leave. Was called a few hours later by
the local police department to let me know that she
had gone down and filed a complaint against me, saying
that I had alleged allegedly, uh you know, harm hern okay,
So made arrangements with them to come and see me.
(28:55):
The following day they come out. I showed them the
video where she comes to the house, she kicks the
door in, she damages the vehicles unbeknounced to me before
she even gets there. All of this is reported. Okay,
so they arrested me. They tell me that they're arresting
me because she has physical injury, and I don't explain
(29:16):
to them that, you know, I was just simply preventing
her from causing further damage what they can clearly see
in the video, it's clear. So I get sent to jail,
go to jail three days because I've refused to pay
the bail. DA sees it. They kicked the case immediately, right.
Speaker 1 (29:34):
What did you let me ask them, Michael, why did
you refuse to pay the bail.
Speaker 3 (29:38):
Because I was never going to get the money back.
It's fine.
Speaker 1 (29:41):
No you're wrong about that. No no no no no no no,
you're wrong about that. Bail is only to make you
show up. It is not about you losing the bail money.
You get all the bail money back, every dime.
Speaker 3 (29:56):
It was a fifty thousand dollars bail, but the bail
bondsman was.
Speaker 1 (30:00):
That's different, that's different. That's okay, that's five thousand dollars.
That's correct, you lose five thousand dollars.
Speaker 3 (30:08):
Correct. And I knew that I hadn't done anything far enough, the.
Speaker 1 (30:13):
DA kicked the DA kicked the case. What's your question?
Speaker 3 (30:16):
So all right, so the question is and then there's
the second part question. So the question is is that
the law enforcement agency clearly knew that I was in
the right on this and they arrested me anyway? Do
I have a case against them?
Speaker 1 (30:29):
Nope, Nope, nope, absolutely not because she shows up with
injury and says you do it, and the policy is
they're going to grab you and arrest you and they
just don't care. Yeah, yeah, even though yep, even though
now you can try and say false arrest maybe, but
(30:51):
every case I've ever heard of has gone no place,
you know. But it's worth talking to an attorney and saying,
are there cases here? Because this was clear? But I
showed them what was happening. And here's the argument is
could you have done her damage because you have injured
her outside of the video, outside of the time of
(31:13):
the video. I don't know. Maybe there's proof that that's impossible,
but it's very rare that you even let me put
it this way. I have friends of mine, a friend, specifically,
a lawyer who represented a guy who was not only
arrested wrongly, but was thrown into a car and beat
(31:35):
up by the cops and he lost and he lost. Yeah,
so it's it's a tough one. It is. Yeah, it's
it's horrible. What what's your second question?
Speaker 3 (31:49):
So she also is my insurance agent. He started a
RL policy for me while I was in jail. She
emptied the Now I own the policy, she's not the
owner of it.
Speaker 1 (32:03):
How much money?
Speaker 3 (32:04):
How much?
Speaker 1 (32:04):
How much money?
Speaker 3 (32:06):
She took forty dollars off?
Speaker 1 (32:08):
Okay, so let me ask you, how does a non
owner take that much money out of an insurance policy.
Speaker 3 (32:14):
He's my agent, she's my wife.
Speaker 1 (32:16):
It doesn't matter. She doesn't have the right to do
she doesn't have the right to do that. That's your
lawsuit against her. Yeah, that's your lawsuit. Yeah, you've got
a lawsuit against her. And yeah, there's no question about
that one. And there may even be some criminal violations
there too. Naomi Hi, Naomi hi? Do you good? What
can I do? Are you you're not on a you're
(32:39):
on a cell phone. You're not on a speakerphone, are you.
Speaker 10 (32:43):
Well, I'm in the car by myself.
Speaker 1 (32:45):
Okay, Well all right, I'll give it to you. What
can I do for you?
Speaker 3 (32:49):
Okay?
Speaker 10 (32:51):
Well, I fell at Anaheim's Stadium. The scare was deeper
than I thought, and when I came down, I ended
up fracturing my kidia.
Speaker 4 (33:05):
So I'm not really sure.
Speaker 10 (33:07):
If that's just something that's, you know, my fault and
I wouldn't have a case, or I just kind of
wanted a little advice.
Speaker 1 (33:17):
Yeah, well, here's the issue there. First of all, there's
no defense if you're just a klutz. I mean, people
do fall. I happen to have zero balance. So yeah,
I met you.
Speaker 2 (33:30):
Okay, yes.
Speaker 1 (33:32):
And the other issue you met iby you know that
Anaheim Stadium has met code. I mean there is no
chance that when they built the stadium they met all
the code issues in terms of lighting, in terms of
the railing. So you have to argue they did something wrong.
(33:54):
And if they've met all code and the lighting is
all there, they're going to say, hey, people all and congratulations.
So I don't I don't think there's anything there, however,
because you fractured your tipia. You know, there's always uh,
personal injury lawyers that will at least look at it
and see if there is just a nail, one small
(34:16):
nail to hang your hat on, uh, and they look
at it if the damages are enough, and I think
you have enough? Did you have surgery of any kind?
Speaker 10 (34:26):
No, I'm it just happened on the ninth. So I'm
just in the beginning stages of I saw the orthopedic
surgeon yesterday and he's gonna send me for an MRI.
I okay, all.
Speaker 1 (34:40):
Right, So here's here's on the stairs.
Speaker 3 (34:44):
That all right?
Speaker 1 (34:45):
And I don't know and it could be they met
code or not met code. I can't imagine they wear
a code. But here's what I want you to do. Uh,
go to the website. Go to handle on the law
dot com because they that that the the website is
about personal injury lawyers and they're they'll they'll tell you
if it's a good case or not. These guys know
what they're doing and their level of expertise is very high.
(35:07):
And it doesn't cost you anything. Obviously, it's free consultation.
If they go forward, you're you know that any money
comes out of a percentage of the settlement. And of
course they do far better than you can ever do
on your own, so go to the website. Also, what
they're going to do is send you probably to their doctor,
because their doctor is going to look at it and
(35:31):
give the most I guess conservative, not conservative. The other
way approach to the medical care that you need. And
let me give you an example. Let's say you get
in a just a rear ender and you have a
sore neck and sell a soft tissue. You go to
(35:52):
Kaiser where I belong, and they're going to say, here's
a couple of aspirin, leave us alone, go home. You
go to one of the doctors that they send you to,
they're gonna go, hey, you need some therapy, you need
some heat packs, and we want you to go to
a medical doctor. By the way, both are legitimate h
(36:13):
so's there's no question. And you and when you're talking
to an insurance company, you want the biggest damages possible,
because how much money do you think you're going to
get When the doctor says, take two aspirin and if
it's really bad, we'll see you next week, You're gonna
get five cents. And if you're going yeah, exactly. And
(36:34):
if you're treating for a while, legitimately you're actually going
to be talking to the insurance company for some money.
So when you go and they'll send you to a doctor,
assuming there's anything there, be prepared for the doctor to say,
we're going to remove your leg, because that is a
great case when that happens. Uh, leg gone is a
(36:56):
very good case if you happen to here some Here's
something I want to talk to you about is pain.
I live with someone who lives with pain twenty four
to seven chronic pain, a lot of pain, and it
absolutely kills me. I mean, she's the one that suffers,
but I see it and it just breaks my heart
and there's almost nothing I can do about it. Well,
(37:17):
what she does about her chronic pain is she has
a podcast and it's called The Pain Game Podcast, and
this helps her enormously and it helps other people who
are suffering from chronic pain and trauma. And she has
guests that deal with pain, experts in the field, people
are suffering, talk about what works, what doesn't work. I mean,
(37:39):
it's pretty comprehensive and every episode ends with a message
of hope. That's so important with people with pain and
the show is about giving pain purpose. I mean that
sounds weird, but it really is about that. And if
you listen to the Pain Game Podcast you'll see what
I'm talking about. It's the Pain Game Podcast. That's the
Pain Game Podcast. Wherever you listen to podcasts, you can
(38:01):
follow on social at the at the Pain Game Podcast
Season three just started paying The Pain Game Podcast. This
is Handle on the Law.
Speaker 7 (38:14):
You're listening to Bill Handle on demand from kf I
AM six forty
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