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):
Phone number for legal questions eight hundred five two zero
one five three four. Eight hundred five two zero one
five three four. We do have lines open. Top of
the hour, always the best time to call eight hundred
five two zero one five three four. And you know,
jump on because you're gonna get on pretty quickly, and
(00:29):
we were pretty good during the hour. You notice I
didn't give my the number very often because we're full,
so goes up and down. So if you want to
get in, jump on eight hundred five two zero one
five three four. This is Handle on the Law, Marginal
legal advice where I tell you you have no case
in this age of tariffs and everybody's going nuts in
(00:54):
terms of where the economy is going and shutting down
to businesses we missed or we didn't get or not
enough attention was paid to what the Supreme Court did
last week, and that's listen to arguments. They wanted to
hear this case and it had to do with a
private charter school and a private Christian school that wanted funding,
(01:22):
wanted federal money. Now, most schools, public schools get some
kind of federal money, and the law is very clear
the way the Supreme Court has interpreted it up to now,
and that is separation of church and state, which is
in the Constitution. Although it doesn't say separation of church
and state. It says, Congress sell, our government shall not
(01:44):
a bridge or not allow you to practice your religion. Now,
the separation part of the way that court has interpreted
there is the rub this court is willing to hear
and say there is no such thing anymore of separation
of church and state. When it comes to private Christian schools,
(02:06):
that they're entitled to federal money because the religious parents
are being discriminated against because of their religion, which I
guess is true to some extent. But then the argument
is who has more of a right, who has the
higher level of protection? Is it the public aspect of
(02:28):
the schools saying no, this is tax money can only
go to public public schools, or the religious schools saying
we're being discriminated against and you cannot stop us from
getting that money that you give to the public schools.
And up to this point it's been manned. The line
was really clear, no federal money to any religious organization,
(02:51):
separate any religious well, church, whatever, it doesn't matter. We're
talking separation of church and state. Done finished. The Court's
opening it wide up and based on the questioning of
the justices in the case, and you can always sort
of tell which way the justice is going to go.
I think they're going to turn it around. A separation
(03:13):
of church and state is going to disappear when it
comes to public funding of private religious schools. But it
doesn't matter. It's not just Christian Christians are the ones
who filed lawsuit, but Jewish, Muslim schools. I mean, they'll
all be able to have federal money. It's a very,
very big, big difference as to what's going on now.
(03:36):
Court's gone much much more conservative, to say the least. Okay,
let's take a phone call. Sandy, Hi, Sandy, Welcome, Sandy.
Speaker 3 (03:52):
Oh I'm here, I'm here.
Speaker 2 (03:53):
Hi. There you go? All right, Yeah, you know see
what happens. Okay, go ahead.
Speaker 3 (03:57):
I had it on you. Oh well, Shell my extra
six years is actively evicting me from our home. And
after I removed him from the home for domestic violence
and Darvos involved, Long story short, he added my LLC
and the eviction like so, the documents that kept coming with,
(04:20):
you know, Sandy May and my LLC. And I sat
at the desk the other day and I'm just like
prayed to God. I'm just like can I can you
help me? You know? And within minutes I was like,
wait a minute, that's not my LLC. Like they wrote
a completely different LLC. And I'm like, like not even
(04:46):
close understand, I'm just curious.
Speaker 2 (04:50):
And God pointed to this, and God pointed this out
to you. Was that in a phone call? Was it
a video?
Speaker 3 (04:56):
It just well, my Greek mama passed away, and like no,
I just I just released. I was like, okay, okay, Mama.
Speaker 2 (05:06):
Showed up like like a ghost like Casper. I get it, Okay,
I get it. You asked everybody and somehow you got
this epiphany and the light bulb.
Speaker 4 (05:18):
Yeah yeah, God is superligious.
Speaker 2 (05:22):
God really is a light bulb and goes off on
top of your head. I get it. Uh, here is
the issue? Is your name uh correct on the eviction notice?
It is, then then it's valid. You can add anybody
else and those anybody else's can bail out. I mean,
(05:44):
no judge in the world is going to get issued
at eviction notice for a corporation that doesn't live there.
You live there, and you are being sued appropriately. You
can sue other people and they're just it's invalid. He
could also name me, and what validity does that have? Nothing?
(06:05):
But the point is you are correct and you live there,
and the suit is appropriate. But let me ask you,
is his name not on title? How is he suing
you for eviction?
Speaker 3 (06:18):
No? No, no, no, no, no no no. We wouldn't be
in this predicament. My name isn't untitled because I'm an idiot.
Speaker 2 (06:26):
So okay, got it. So his name is untitled as
an owner he isting you? Okay, all right? So I
mean that's a little complicated because uh, you know, you know,
the court may say you're gonna still say there come
hell or highwater. You were married, domestic violence can't get
you out there are Yeah, there are. There are a
(06:47):
lot of defenses here, Sandy. It's not just someone an
owner suing a tenant to toss that person out.
Speaker 3 (06:56):
Yeah, we were running our business from here. That's why
the LLC, that's what the end laws of the take.
Speaker 2 (07:02):
But that's fine, it doesn't matter. So the so the
business isn't run out of there. So now the business
is uh is uh is evicted? So what it's you
that he wants out and so that that is a
that's good service. The fact that he named everybody else
doesn't matter. Uh. You're going to need a landlord tenant
(07:24):
attorney on this to defend on this one, uh and
appealing the eviction. Appealing the eviction. Yeah, oh good, all right,
that's one of the things that would happen. Are you
doing it on your own or do you have an
attorney on this?
Speaker 3 (07:40):
I'd like an attorney. Does anyone want to come to
Joshua Tree and help there?
Speaker 2 (07:44):
It is Joshua Tree out there. Let's make a call
for an attorney for Sandy. You recognize Sandy. She has
a light bulb right up above her head that's always
lit now that she got that epiphany. All right, Joshua Tree,
free attorney Sandy. That would knowing attorneys. There isn't anybody
on God's earth that's going to help. But there are
(08:06):
defenses there. There are good defenses. Now let me tell
you what. Oh no, let's just take a break. This
is handle on the law KFI AM six forty bill
handle here. It is a Saturday morning. A couple hours
more to go an hour and a half more to
(08:26):
go to the end of the show at eleven o'clock,
and then I take phone calls. I continue on off
the air, and our phone number is eight hundred five
two zero one five three four. Lines are open, although
they're filling up again eight hundred five two zero one
five three four and you will get probably right in
as we are not yet full. Eight hundred five two
(08:48):
zero one five three four is the number to call.
This is Handle on the Law. Welcome back to the
Legal Show. Oh okay, Hi Robin.
Speaker 4 (09:01):
You're up, Hi Bill.
Speaker 5 (09:04):
I guess my question for you is my son was
in a car accident last Saturday. He was stopped at
a red light on the off ramp on the freeway
and was rear ended. He was driving his work van,
but it's its own personal van he uses for work.
His van's been totaled, so now he's going to need
a new van. He is a union employee, so he
(09:25):
doesn't get thick paced through the union he's with, and
he's on light duty right now from work. He was
taken by ambulance to the hospital because he had just
had neck surgery and had numbness in his fingers. So
my question for you, Yeah, my question for you is
is do we wait to see what the person wasn't
sure so that is good news. Do we wait to
(09:48):
see what they're going to offer us for a settlement
to pay his pack back wages, medical bills the van
and see if we're satisfied with that, or do I
get an accident attorney involved?
Speaker 4 (09:59):
Early?
Speaker 2 (10:00):
Was your son injured other than being taken to the hospital.
Is there some reasonably serious injury there?
Speaker 5 (10:08):
No, he has a disc that was pinching his nerve
which is causing the ting already fortunately the surgery.
Speaker 2 (10:15):
Yeah, yeah, okay, Yeah, you get an attorney because the
offer you're going to get is number one garbage. That's
for starters. Number two. It has nothing to do with
how the case is going to end up. And so
you go to a personal injury a lawyer. And here's
what happens. This is why you go to p I lawyers,
is that the insurance companies they are experts and not
(10:38):
giving you money. That's what they do. You know, they
talk to you and they make offers. And as far
as repairing the truck is concerned, there's no issue to
get repaired. And as far.
Speaker 5 (10:51):
As lost it was totaled.
Speaker 2 (10:53):
Okay, well, then it's the value of the truck. Okay,
the value of the van you're going to get. Now,
the problem is, it's what the van was worth at
the time of the accident. So even if it costs
let's say thirty five thousand dollars to replace it, and
it's five years old and now it's worth seventeen thousand dollars,
you're going to get a seventeen thousand dollars check. That's
(11:16):
one thing. The wages probably are going to be fine,
because that's easily discernible. It's going to be and medical
bills probably are going to be paid. The big issue
here is going to be pain and suffering. Okay, that's
the issue. How much is that worth? Then there is
the fight. So what the attorney's going to do is
(11:37):
send your son out to his or her doctor. Because
there's a couple of different ways of dealing with injury,
especially more soft tissue. I'm a Kaiser member, for example. Okay,
I get into a car accident and I get all
banged up. Here's what Kaiser does. Take a couple of aspirin,
(11:57):
go home, and you'll be fine, you know. In a
few weeks. Just you know, take it easy. A doctor
who deals with personal injury is going to say you
need some therapy. You have to be really careful. We're
going to give you physical therapy for a period of time.
Both are legit, by the way, it's just a question
(12:18):
of how one looks at at it. Kaiser is does
the minimum, and then the doctor who you're sent to
does the maximum, still within the law, and with the maximum,
more money is paid. Okay, and this is all legal,
and this is all it's legit unless you know you
treat forever. And the lawyer is kind of a sleez
(12:40):
ball and the doctor is too. So with all that said,
based on what you say, you want a lawyer to
start right off, and why deal with the insurance company.
Just here, give it to the lawyer. The lawyer is
going to tell you what to do. And it's worthwhile,
even though the lawyer will take a third almost always,
it's worthwhile. You know what what I would do? Go
to the website, Go to handle on the law dot com.
(13:02):
These are very honest people. I'm the lawyer Mark you'll
probably talk to. Will say, let's see what the offer
is and if the offer is reasonable, or you say,
you know, is this worth it? He'll hey, now do
it on your own. They're very good that way. So
go to the go to the website.
Speaker 5 (13:18):
See what can I ask you one more question? Sure,
that doesn't delay it. And so if we get alloy,
because he's gonna have to buy.
Speaker 2 (13:24):
It, Yes, it delays it. Yeah, it delays a lot. Well,
it depends on how serious the injury is. It depends
on the insurance company, and it depends on who the
adjuster is, and it depends depends depends. What you're going
to get very quickly is an offer, and you're going
to get a crappy offer, and you can take it
very quickly, and then you find out later, Oh my goodness.
(13:48):
I mean, you've heard commercials from PI lawyers all over
the place saying the insurance company offered me forty thousand
dollars and I went to a lawyer and I got
one hundred and forty thousand dollars. That happens all the time.
The offer is going to be a low ball offer. Inevitably,
that's what's going to happen. So that's why I want,
that's why you want to go to a personal injury
(14:10):
lawyer at least, just to see what's going on and
who can ascertain the case. So go to the website,
go to handle on the lot dot com. All right,
all right, good, that's a good question. By the way.
All right, let me tell you what's going on out there,
and it is not fun. Based on what the financial
climate is like tariffs and consumer confidence, et cetera. Business
(14:30):
is really hard today, especially if you're trying to forecast
what the hell's going on, because that's one of the
big problems right now. So let me suggest going to
NetSuite NetSuite dot com. And here's why. What NetSuite is
is a business suite. It's a program. It's the number
one cloud business management system out there. And what it
(14:54):
does is brings accounting, financial management, inventory HR into one
efficient suite. So you're looking at the same numbers. Everything
talks to everything else. And then that part is easy.
You do what you do. This helps you forecasting and
run your business leaner and more efficiently. And what does
that mean, Well, frankly, more money to you. So go
(15:17):
to the free CFOs Guide to AI and Machine Learning.
It's the download is easy. Forty one thousand businesses By
the way, have gone to NetSuite NetSuite dot com slash
handle free download see if they can help. NetSuite net
suite as an office suites NetSuite dot Com slash handle.
(15:39):
This is Handle on the Law.
Speaker 1 (15:42):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 2 (15:48):
DFI AM six forty Bill Handle here on a Saturday
morning eight hundred five two zero one five three four
and welcome back to Handle on the Law Marginal Legal Advice. James, Hello, James, Hey.
Speaker 4 (16:10):
Bill, Yes, I caught a shakedown lawsuit. I am being
sued because a blind person cannot read my website. A
law firm has went around and filed over a thousand
cases on people who have websites saying that, hey, my
blind customer was not able to read my website.
Speaker 2 (16:31):
Okay, how do those cases go? Okay, of course it's
a shakedown. Have you looked at those thousand cases? How
have they done?
Speaker 4 (16:42):
What happens is there's another law firm that's saying, oh,
they can't stand up. They're doing this and if you
give us twenty five hundred dollars, we can settle it
for seventy five hundred bucks.
Speaker 2 (16:52):
Okay, that's a shake and that's a shakedown too. That's
a shakedown also. All right, So with all of that said,
you have two law firms. I don't think they're working
in collusion with each other. I think you have one
law firm that has found a loophole or is relying
on case law. Some usually this is a DA stuff
in violation American with Disabilities Act, but this one doesn't
(17:13):
seem that way.
Speaker 4 (17:15):
Uh.
Speaker 2 (17:15):
Then how do they know what they're buying? Who? Who
told them that number one? The website even exists? And
how do they know anything about it? How do they
know prices? How do they know what it is that
you're selling? How do they find that out?
Speaker 4 (17:34):
It's it's a pretty easy fix. If anybody's listening and
you don't have the ADA icon on your website, you
just downloaded it takes about a half an hour to
put it on. And then a blind person, can you know,
click the icon? No?
Speaker 2 (17:47):
I understand, Well, how does it? How does a blind
person know to click the icon?
Speaker 4 (17:53):
I don't know.
Speaker 2 (17:54):
No, that's the see, that's the questions. See that's right.
The blind person asks who ever to help him or her,
and then that person did not share with that blind person,
how much money, what the restrictions are, what you insist
that they do, you know whatever, you can't, you know,
(18:15):
undo this particular product, because if you do, warranty doesn't fly,
all kinds of stuff. Of course, you have a perfect defense.
The problem is is that unless there is case law
that I'm not aware of, then you've got a perfect defense,
saying it's interesting that they were They bought the product,
(18:37):
they knew how much the product was, they knew where
to send the money, they knew all of it. But
they're blind and they can't they didn't go through the
small the fine print, or didn't you know whatever. What
are they saying that you did they didn't read because
they couldn't read. What is it that was missing? Are
they saying you under overcharge them? Are they saying that
(18:59):
you misrepresented the product?
Speaker 4 (19:03):
Well, a blind person didn't buy anything. They just said
they were unable to purchase.
Speaker 2 (19:08):
Okay, unable because they couldn't. Okay, So that is ridiculous.
So that is a defense. This is one of the
things where I simply would defend. I'd answer the suit,
and I'd walk into court and say.
Speaker 4 (19:23):
Here's my question, Bill, My question is is I have
not been served yet.
Speaker 2 (19:28):
On the law then you haven't made Okay.
Speaker 4 (19:29):
I found out about the lawsuit. The way I found
out about the lawsuit was from the other law company
that said, hey, they can't stand that making.
Speaker 2 (19:38):
Let me okay, let me tell you how. Let me
tell you how that works. Okay. Oh, this is everybody
is scamming on this one. When a lawsuit is filed,
that is a public document, and based on the lawsuit
being filed, the next step is serving the defendant. So
a lawsuit has been filed against you, so that's in
(20:01):
the court and you have yet not been served in
order to move my reward, I'm sorry.
Speaker 4 (20:08):
If I read the lawsuit, it says on it that
the case has been put in an envelope and meld.
Speaker 2 (20:15):
But it doesn't matter. No, it has to be personal service.
It has to be personal serve. And when you say
you read the lawsuit, what does that mean?
Speaker 4 (20:24):
I logged onto the county court and.
Speaker 2 (20:27):
That's it exactly.
Speaker 4 (20:28):
I read it right there.
Speaker 2 (20:29):
Okay, that's exactly what the defense lawyer in quotes did.
Is that firm looks every day at all the law firm,
all the lawsuits that have been filed, not yet served,
but filed. They may have an algorithm for I know
that picks them up. And as soon there's a lawsuit filed,
(20:49):
either under the ADA or your kind of lawsuit. Because
the court, these people know what's going on. It's easy.
You can go every day and look at every lawsuit
in La County that's filed. I mean they're thousands, but
they look through everyone, and based on that they call you, Hey, James,
a lawsuit has been filed against you. Pay US twenty
five hundred dollars. We'll settle it for seventy five hundred
(21:11):
dollars and you don't have to go to court because
the other side's gonna nail you. Nothing happens until you're served, James.
That's for starters. Nothing And based on what they said
me then you then then the lawsuit doesn't go forward.
Speaker 4 (21:27):
Less well, because I'm an I'm an corporation, it doesn't
matter then myself. I can't go to court and say hey,
you can't.
Speaker 2 (21:34):
Of course you can.
Speaker 4 (21:37):
Without a lawyer.
Speaker 2 (21:38):
I can go to you own the S corporation.
Speaker 4 (21:41):
It's you, but of course that was the S corporation.
I needed repuge, I need you.
Speaker 2 (21:47):
Can represent you can represent the S corporation, all right, Okay,
that's because it's you. You own the company, right right, Okay,
So therefore anybody who owns the company can never defend
themselves ever. So if I am an S I for example,
(22:08):
I'm an S corporation, okay, right, and I have a company,
uh let's call it Acme uh Acme Cookwear company, and
I own it, and it's an S corporation, I can't
go in defend myself. Of course I can.
Speaker 4 (22:24):
I don't.
Speaker 2 (22:24):
I don't need a lawyer to do that. So you
can defend yourself, but don't until don't until you are served.
The rest of it is crap. And then I would
go in and just I would defend myself. Now you
have to look at the law because there may be
some kind of exception. As I said, for example, a
DA has very specific stuff. For example, there are professional
(22:47):
scammers that go in with their wheelchairs and they'll measure
the height of the mirror in the restroom and if
it's a quarter of an inch too high, boom, a
DA lost suit has filed immediately, and it's automatic. The
judge has to give it, and it's a minimum of
four thousand dollars or whatever the ADA says your situation
(23:09):
is crazy, because that means blind people can always sue
anybody on the internet arguing I wasn't able to read
the I wasn't able to read the offer, read the price.
I only thought I was paying two dollars, and you're
charging two thousand dollars for that item. Oh no, no, no,
(23:31):
I want it for two dollars. Or my damages are
nineteen hundred and ninety eight dollars. I mean, that becomes crazy.
So I think you have a yeah, I mean that
defense is perfect, but it's it's the hassle. It scares you.
Usually these lawsuits with the quarter of an inch off
on the mirror are small businesses that are owned by
(23:54):
minority people, immigrants who have come to the United States
and have saved all their money and finally get in
buy a small business, and they get these and they're
scared to death and they pay the seventy five hundred
dollars because they're scared to get involved with the legal system.
I mean, can you imagine that? Go ahead?
Speaker 4 (24:13):
My court date is at the end of July.
Speaker 2 (24:15):
No, you haven't been served yet. You have not been
served yet, James, on the calendar bill, it doesn't matter.
It's based on service. And if it turns out that
you have a court date, how do you know when
the court date is?
Speaker 4 (24:30):
I looked it up on the county website.
Speaker 2 (24:32):
How do they know? How do they know you looked
it up?
Speaker 4 (24:37):
Well, I mean, so you're telling me I shouldn't go.
Speaker 2 (24:39):
No, I'm saying, well, it's I don't think it's valid.
I don't think it's valid. I wouldn't go. Now they
may have a process server come in there and lie
about you showing up. That's a different issue. Well, but
let me make you this you're saying, you're saying the
same thing that a blind person is saying. I looked
(25:01):
it up. How do we know that? Wait a second,
I looked it up. I haven't been served, but I
looked it up. And if I didn't look it up,
you know that I'm going to get a default judgment
against me, which you might, by the way, and then
you fight that one. I mean, these scams really get
to you, James, They really, they get to everybody. And
(25:21):
what I would do, here's the last thing I would do,
is look up lawyers and this you can look up
law firms that have gone against these people, or look
at the attorney general of the state or the county,
the age of the county to see what happens. But
that's it's a scam. But there has to be personal service,
(25:43):
that's the law. How can you get a court date?
You don't even know there's a court date? Do they
assume you looked it up? Do they know you got
the letter? Does the court know you got a letter
from Sleezwall attorney saying we'll settle it for seventy five
hundred dollars? How do they know? They have no idea?
(26:05):
I mean, he's right, I mean the frustration is completely crazy.
These are This is what gives attorneys a horrific name.
All right, let me tell you a little bit about
living in pain. Boy, you just talk about living in pain.
But if you live in chronic pain, if you will
live in the pain, that's twenty four to seven. And
I happen to live with someone who suffers exactly that
(26:29):
happens to me and my wife. So what she did
is three years ago or two years ago, started something
called The Pain Game podcast, and it's about helping herself,
helping people who suffer from chronic pain or dealing with
people who, let's say, treat chronic pain. I mean, chronic
pain can be very lonely and it's just no fun.
(26:51):
As I said, it's constant, and sometimes it's really bad,
and sometimes it's really really bad. So let me suggest
going to the Pain Game Podcast and you can do
this wherever you listen to podcasts. It's someone who suffers
from chronic pain who helps people who suffer from chronic
pain and trauma. And based on you know, the reports
(27:13):
and the response, it really does help people. So it's
the Pain Game Podcast. You can listen to it wherever
you listen to podcasts, and every episode ends with a
message of hope. That's a good side of it. On
social media, it's at the Pain Game Podcast. At the
Pain Game Podcast. Season three just started dropping The Pain
Game Podcast. This is handle on the law KFI AM
(27:38):
six forty bill handle Here. It is a Saturday morning,
and the number is eight hundred five two zero one
five three four eight hundred five two zero one five
three four. Welcome back handle on the law Marginal Legal Advice. William,
there's the name I can remember, Hello William, Welcome.
Speaker 4 (28:01):
I bought a replacement speaker for my hycle.
Speaker 6 (28:04):
Okay, it was like I got an upgad My speaker
went out, and so I got a more expensive one,
like three hundred dollars. Took it to a pro audio
guy to have him put it in. I was like,
how much it costs to put in? Okay, fifty bucks.
I'm like great. So I left it there and I
went head lunch, came back, went home, and when I
got home, I looked at the speaker a little bit
(28:25):
more closely that they put in, and it turned out
it was actually a different a different model, and I
went on the internet and took a look and the
one that they put in was only maybe like one
hundred dollars.
Speaker 2 (28:35):
Okay, so you're on a couple hundred dollars.
Speaker 6 (28:39):
Took it to install it, paid fifty bucks.
Speaker 4 (28:41):
Yeah.
Speaker 6 (28:43):
So I called the guy back and I said, hey, man,
this isn't the speaker I brought you, and he's saying, yes,
it is, so I have I have. I didn't take
a picture of it before I left it with him,
which I probably should have, but I didn't think that
they would switch the.
Speaker 4 (28:58):
Speaker on, right of course.
Speaker 6 (29:00):
Okay, so I have a receipt and also, okay.
Speaker 2 (29:04):
Okay, I don't care about that. I don't care whether
you know it or not. A couple of questions. Question
number one, I'm assuming you have a purchase order from
the place you got to the speaker from that that
lists the the skew number, lists the model number, and
everything that you bought. Right, yes, okay, So with that
(29:26):
you now have proof of what you bought. Now you
take it to this guy's going to charge you fifty bucks,
and did you write him a check? Did you pay
him cash?
Speaker 3 (29:36):
You?
Speaker 2 (29:37):
How'd you pay him?
Speaker 4 (29:40):
I pay him cash?
Speaker 2 (29:41):
Okay, now, And that's not the end of the world either.
So he says, no, I didn't change it out. You said,
yes you did. So he's denying it fair enough, So
you take him a small claim score. You're out to
two hundred bucks. Matter of fact, you're out more than
that because the speaker has to be reinstalled, so you
got to go someplace else to install it. So maybe
that's another fifty seventy five dollars. You're out now two
(30:02):
hundred and fifty two hundred and seventy five bucks. And
he goes, that wasn't me Okay, fair enough you're suing
him in small claims court and you're asking for these
damages and he says that wasn't me. You go, then
why would I choose you? What do you think? You
think I just pulled your name out of the phone
book if there were a phone book. And that's what
you're telling the Small Claims court, your honor, I paid him.
(30:25):
Is this just some guy or does he have a shot?
Speaker 4 (30:28):
He has a shot? Well, he gave me a receipt.
Speaker 6 (30:30):
I have a receipt from that.
Speaker 2 (30:31):
Well, then you're fine. Then how does say it isn't so?
Now the only issue is he didn't switch models on you.
And you go, okay, here is the uh, here's my purchase.
Speaker 4 (30:42):
The issue.
Speaker 6 (30:43):
I have a receipt from the purchase.
Speaker 2 (30:44):
Okay, No, I understand that, and I get that. I
understand that. I'm telling you how to deal with this.
And what you do is you have a proof of
the purchase. You have proof that you pay him. And
he's not denying it. He just says he didn't switch
it out. And you take a picture of the one
(31:07):
that was put in your car, and you say, I
paid it fifty bucks And now it's a small claims
court judge going to say, uh, and I'm thinking, this
is me thinking is a small claims court judge. You
installers say you never changed it. Here's the problem that
William has proof that he bought speaker A. He has
(31:30):
proof that speaker B is now in there, and you
run the shop. And what are you going to say? No, No,
I didn't switch it out, No I didn't. Let me
tell you if I'm the small claims Court judge, I'm
going to give it to you in two seconds. And
that's all you can do. You have, that's the proof
you need, so you know, you tell it to the here.
You've heard that before, you tell it to the judge,
(31:52):
and this one seems to be No, I think it's legitimate.
I would certainly believe that Cassidy High can City welcome.
Speaker 7 (32:02):
Hi, Thank you so much.
Speaker 5 (32:03):
Bill.
Speaker 2 (32:03):
Sure, okay, you asked questions. Let me tell you how
it works.
Speaker 4 (32:08):
Okay, go ahead, sure, thanks.
Speaker 8 (32:12):
I'm going to a live a mediation.
Speaker 7 (32:14):
My husband is telling me that I have to stay
on the mortgage indefinitely when I have not lived with
him for three years and he forced me to sign
sports How did.
Speaker 2 (32:28):
They force you? How did he force you? What? What
was the caliber What was a caliber weapon that he
held your head when he forced you?
Speaker 4 (32:35):
Right? You're right, You're right exactly. Okay.
Speaker 2 (32:37):
So he signed the mortgage. Okay, you signed the mortgage
being responsible who owns the property by the lake, Cassidy,
who's on title?
Speaker 6 (32:45):
Both of us?
Speaker 2 (32:46):
Oh excellent, Okay. So he's asking, So you're asking and
get off the mortgage. You're not going to be able
to correct.
Speaker 8 (32:54):
I have asked him several times for our mediation, which
will be in a settlement conference next week. Can I
please I want off the mortgage and ill?
Speaker 4 (33:05):
Okay with the judge.
Speaker 2 (33:07):
Yeah, no, I understand. I'm not arguing that. But listen,
the judge doesn't have jurisdiction over the mortgage holder. The
judge doesn't say to the mortgage cold holder, you have
to release Cassidy from owing any money, and the mortgage
holder goes, wait a minute, she signed as a lender
or as a borrower, and your honor, you can't ask
(33:29):
me to take her name off.
Speaker 4 (33:32):
That's my problem.
Speaker 2 (33:34):
Yeah, that is a problem, but it's not that much
of a problem. It's not that much of a problem
because let me tell you what can happen. The mediator
can do whatever the hell the mediator wants to do
and will either follow the law or will say or
your husband may agree or may not agree. And I
don't think he will agree because it doesn't sound that
way that he goes Nope, I don't want her name off,
(33:55):
all right, And the mediator says, I can't force her
name to be off. I can. We can meet that
you pay the mortgage, but that doesn't mean you're off
the mortgage, which means if he doesn't pay, you're gonna
get stuck with bad credit, et cetera. Who lives there
and who pays it, uh is part of mediation. Who
is on the note is not part of mediation. The
(34:17):
mortgage holder is not going to let you off. But
I'll tell you the good news. Since you both own
the property, you can force the sale of the property cassidy,
and he can't do anything about it.
Speaker 4 (34:27):
Thank you, hey you bill?
Speaker 2 (34:31):
All right, there it goes. That's how I wanted to
end of it. Any owner of a property can force
the sale of the property, and that's your ammunition. Ammunition.
All right, let's talk about your business for a moment.
With this craziness with the tariffs. You know, I've been
in business for a long time, and unfortunately the product
(34:54):
I sell with my partner is cookwear from China. Cookwear
from China may with stainless steel. A man, I'm looking
at some serious problems and one of the things that
we're spending all of our time doing is trying to
figure out what's the future, like forecasting. And let me
tell you what makes your life much easier if you
own a business, if you do two million dollars or
more in business, and that's look at the folks at
(35:15):
net suite. Net Suite is the number one cloud business
management system, bringing accounting and financial management and inventory HR
into one efficient business suite. And what that does brings
all together. Every part of the program talks to every part,
and so you just run more efficiently, you run easier,
(35:35):
you run smoother, enabling you to number one, concentrate on
your business not administration, and do some forecasting. Oh man,
you need help with that. I certainly do. And this
is where net Suite comes in and helps you do
exactly that. So download the free CFOs Guide to AI
and Machine Learning. It's fast, it's easy. It'll tell you
(35:57):
whether or not net Suite can help you and I'm
sure it can. Forty one thousand businesses have said, yeah,
this is good stuff. NetSuite dot com slash handle that's
netsuitet as an office suites. NetSuite dot com slash handle.
This is Handle on the law. You've been listening to
(36:18):
the Bill Handle Show. Catch my show Monday through Friday,
six am to nine am, and anytime on demand on
the iHeartRadio app
You're listening to Bill Handle on Demand from KFI AM
six forty.
Speaker 2 (00:09):
Phone number for legal questions eight hundred five two zero
one five three four. Eight hundred five two zero one
five three four. We do have lines open. Top of
the hour, always the best time to call eight hundred
five two zero one five three four. And you know,
jump on because you're gonna get on pretty quickly, and
(00:29):
we were pretty good during the hour. You notice I
didn't give my the number very often because we're full,
so goes up and down. So if you want to
get in, jump on eight hundred five two zero one
five three four. This is Handle on the Law, Marginal
legal advice where I tell you you have no case
in this age of tariffs and everybody's going nuts in
(00:54):
terms of where the economy is going and shutting down
to businesses we missed or we didn't get or not
enough attention was paid to what the Supreme Court did
last week, and that's listen to arguments. They wanted to
hear this case and it had to do with a
private charter school and a private Christian school that wanted funding,
(01:22):
wanted federal money. Now, most schools, public schools get some
kind of federal money, and the law is very clear
the way the Supreme Court has interpreted it up to now,
and that is separation of church and state, which is
in the Constitution. Although it doesn't say separation of church
and state. It says, Congress sell, our government shall not
(01:44):
a bridge or not allow you to practice your religion. Now,
the separation part of the way that court has interpreted
there is the rub this court is willing to hear
and say there is no such thing anymore of separation
of church and state. When it comes to private Christian schools,
(02:06):
that they're entitled to federal money because the religious parents
are being discriminated against because of their religion, which I
guess is true to some extent. But then the argument
is who has more of a right, who has the
higher level of protection? Is it the public aspect of
(02:28):
the schools saying no, this is tax money can only
go to public public schools, or the religious schools saying
we're being discriminated against and you cannot stop us from
getting that money that you give to the public schools.
And up to this point it's been manned. The line
was really clear, no federal money to any religious organization,
(02:51):
separate any religious well, church, whatever, it doesn't matter. We're
talking separation of church and state. Done finished. The Court's
opening it wide up and based on the questioning of
the justices in the case, and you can always sort
of tell which way the justice is going to go.
I think they're going to turn it around. A separation
(03:13):
of church and state is going to disappear when it
comes to public funding of private religious schools. But it
doesn't matter. It's not just Christian Christians are the ones
who filed lawsuit, but Jewish, Muslim schools. I mean, they'll
all be able to have federal money. It's a very,
very big, big difference as to what's going on now.
(03:36):
Court's gone much much more conservative, to say the least. Okay,
let's take a phone call. Sandy, Hi, Sandy, Welcome, Sandy.
Speaker 3 (03:52):
Oh I'm here, I'm here.
Speaker 2 (03:53):
Hi. There you go? All right, Yeah, you know see
what happens. Okay, go ahead.
Speaker 3 (03:57):
I had it on you. Oh well, Shell my extra
six years is actively evicting me from our home. And
after I removed him from the home for domestic violence
and Darvos involved, Long story short, he added my LLC
and the eviction like so, the documents that kept coming with,
(04:20):
you know, Sandy May and my LLC. And I sat
at the desk the other day and I'm just like
prayed to God. I'm just like can I can you
help me? You know? And within minutes I was like,
wait a minute, that's not my LLC. Like they wrote
a completely different LLC. And I'm like, like not even
(04:46):
close understand, I'm just curious.
Speaker 2 (04:50):
And God pointed to this, and God pointed this out
to you. Was that in a phone call? Was it
a video?
Speaker 3 (04:56):
It just well, my Greek mama passed away, and like no,
I just I just released. I was like, okay, okay, Mama.
Speaker 2 (05:06):
Showed up like like a ghost like Casper. I get it, Okay,
I get it. You asked everybody and somehow you got
this epiphany and the light bulb.
Speaker 4 (05:18):
Yeah yeah, God is superligious.
Speaker 2 (05:22):
God really is a light bulb and goes off on
top of your head. I get it. Uh, here is
the issue? Is your name uh correct on the eviction notice?
It is, then then it's valid. You can add anybody
else and those anybody else's can bail out. I mean,
(05:44):
no judge in the world is going to get issued
at eviction notice for a corporation that doesn't live there.
You live there, and you are being sued appropriately. You
can sue other people and they're just it's invalid. He
could also name me, and what validity does that have? Nothing?
(06:05):
But the point is you are correct and you live there,
and the suit is appropriate. But let me ask you,
is his name not on title? How is he suing
you for eviction?
Speaker 3 (06:18):
No? No, no, no, no, no no no. We wouldn't be
in this predicament. My name isn't untitled because I'm an idiot.
Speaker 2 (06:26):
So okay, got it. So his name is untitled as
an owner he isting you? Okay, all right? So I
mean that's a little complicated because uh, you know, you know,
the court may say you're gonna still say there come
hell or highwater. You were married, domestic violence can't get
you out there are Yeah, there are. There are a
(06:47):
lot of defenses here, Sandy. It's not just someone an
owner suing a tenant to toss that person out.
Speaker 3 (06:56):
Yeah, we were running our business from here. That's why
the LLC, that's what the end laws of the take.
Speaker 2 (07:02):
But that's fine, it doesn't matter. So the so the
business isn't run out of there. So now the business
is uh is uh is evicted? So what it's you
that he wants out and so that that is a
that's good service. The fact that he named everybody else
doesn't matter. Uh. You're going to need a landlord tenant
(07:24):
attorney on this to defend on this one, uh and
appealing the eviction. Appealing the eviction. Yeah, oh good, all right,
that's one of the things that would happen. Are you
doing it on your own or do you have an
attorney on this?
Speaker 3 (07:40):
I'd like an attorney. Does anyone want to come to
Joshua Tree and help there?
Speaker 2 (07:44):
It is Joshua Tree out there. Let's make a call
for an attorney for Sandy. You recognize Sandy. She has
a light bulb right up above her head that's always
lit now that she got that epiphany. All right, Joshua Tree,
free attorney Sandy. That would knowing attorneys. There isn't anybody
on God's earth that's going to help. But there are
(08:06):
defenses there. There are good defenses. Now let me tell
you what. Oh no, let's just take a break. This
is handle on the law KFI AM six forty bill
handle here. It is a Saturday morning. A couple hours
more to go an hour and a half more to
(08:26):
go to the end of the show at eleven o'clock,
and then I take phone calls. I continue on off
the air, and our phone number is eight hundred five
two zero one five three four. Lines are open, although
they're filling up again eight hundred five two zero one
five three four and you will get probably right in
as we are not yet full. Eight hundred five two
(08:48):
zero one five three four is the number to call.
This is Handle on the Law. Welcome back to the
Legal Show. Oh okay, Hi Robin.
Speaker 4 (09:01):
You're up, Hi Bill.
Speaker 5 (09:04):
I guess my question for you is my son was
in a car accident last Saturday. He was stopped at
a red light on the off ramp on the freeway
and was rear ended. He was driving his work van,
but it's its own personal van he uses for work.
His van's been totaled, so now he's going to need
a new van. He is a union employee, so he
(09:25):
doesn't get thick paced through the union he's with, and
he's on light duty right now from work. He was
taken by ambulance to the hospital because he had just
had neck surgery and had numbness in his fingers. So
my question for you, Yeah, my question for you is
is do we wait to see what the person wasn't
sure so that is good news. Do we wait to
(09:48):
see what they're going to offer us for a settlement
to pay his pack back wages, medical bills the van
and see if we're satisfied with that, or do I
get an accident attorney involved?
Speaker 4 (09:59):
Early?
Speaker 2 (10:00):
Was your son injured other than being taken to the hospital.
Is there some reasonably serious injury there?
Speaker 5 (10:08):
No, he has a disc that was pinching his nerve
which is causing the ting already fortunately the surgery.
Speaker 2 (10:15):
Yeah, yeah, okay, Yeah, you get an attorney because the
offer you're going to get is number one garbage. That's
for starters. Number two. It has nothing to do with
how the case is going to end up. And so
you go to a personal injury a lawyer. And here's
what happens. This is why you go to p I lawyers,
is that the insurance companies they are experts and not
(10:38):
giving you money. That's what they do. You know, they
talk to you and they make offers. And as far
as repairing the truck is concerned, there's no issue to
get repaired. And as far.
Speaker 5 (10:51):
As lost it was totaled.
Speaker 2 (10:53):
Okay, well, then it's the value of the truck. Okay,
the value of the van you're going to get. Now,
the problem is, it's what the van was worth at
the time of the accident. So even if it costs
let's say thirty five thousand dollars to replace it, and
it's five years old and now it's worth seventeen thousand dollars,
you're going to get a seventeen thousand dollars check. That's
(11:16):
one thing. The wages probably are going to be fine,
because that's easily discernible. It's going to be and medical
bills probably are going to be paid. The big issue
here is going to be pain and suffering. Okay, that's
the issue. How much is that worth? Then there is
the fight. So what the attorney's going to do is
(11:37):
send your son out to his or her doctor. Because
there's a couple of different ways of dealing with injury,
especially more soft tissue. I'm a Kaiser member, for example. Okay,
I get into a car accident and I get all
banged up. Here's what Kaiser does. Take a couple of aspirin,
(11:57):
go home, and you'll be fine, you know. In a
few weeks. Just you know, take it easy. A doctor
who deals with personal injury is going to say you
need some therapy. You have to be really careful. We're
going to give you physical therapy for a period of time.
Both are legit, by the way, it's just a question
(12:18):
of how one looks at at it. Kaiser is does
the minimum, and then the doctor who you're sent to
does the maximum, still within the law, and with the maximum,
more money is paid. Okay, and this is all legal,
and this is all it's legit unless you know you
treat forever. And the lawyer is kind of a sleez
(12:40):
ball and the doctor is too. So with all that said,
based on what you say, you want a lawyer to
start right off, and why deal with the insurance company.
Just here, give it to the lawyer. The lawyer is
going to tell you what to do. And it's worthwhile,
even though the lawyer will take a third almost always,
it's worthwhile. You know what what I would do? Go
to the website, Go to handle on the law dot com.
(13:02):
These are very honest people. I'm the lawyer Mark you'll
probably talk to. Will say, let's see what the offer
is and if the offer is reasonable, or you say,
you know, is this worth it? He'll hey, now do
it on your own. They're very good that way. So
go to the go to the website.
Speaker 5 (13:18):
See what can I ask you one more question? Sure,
that doesn't delay it. And so if we get alloy,
because he's gonna have to buy.
Speaker 2 (13:24):
It, Yes, it delays it. Yeah, it delays a lot. Well,
it depends on how serious the injury is. It depends
on the insurance company, and it depends on who the
adjuster is, and it depends depends depends. What you're going
to get very quickly is an offer, and you're going
to get a crappy offer, and you can take it
very quickly, and then you find out later, Oh my goodness.
(13:48):
I mean, you've heard commercials from PI lawyers all over
the place saying the insurance company offered me forty thousand
dollars and I went to a lawyer and I got
one hundred and forty thousand dollars. That happens all the time.
The offer is going to be a low ball offer. Inevitably,
that's what's going to happen. So that's why I want,
that's why you want to go to a personal injury
(14:10):
lawyer at least, just to see what's going on and
who can ascertain the case. So go to the website,
go to handle on the lot dot com. All right,
all right, good, that's a good question. By the way.
All right, let me tell you what's going on out there,
and it is not fun. Based on what the financial
climate is like tariffs and consumer confidence, et cetera. Business
(14:30):
is really hard today, especially if you're trying to forecast
what the hell's going on, because that's one of the
big problems right now. So let me suggest going to
NetSuite NetSuite dot com. And here's why. What NetSuite is
is a business suite. It's a program. It's the number
one cloud business management system out there. And what it
(14:54):
does is brings accounting, financial management, inventory HR into one
efficient suite. So you're looking at the same numbers. Everything
talks to everything else. And then that part is easy.
You do what you do. This helps you forecasting and
run your business leaner and more efficiently. And what does
that mean, Well, frankly, more money to you. So go
(15:17):
to the free CFOs Guide to AI and Machine Learning.
It's the download is easy. Forty one thousand businesses By
the way, have gone to NetSuite NetSuite dot com slash
handle free download see if they can help. NetSuite net
suite as an office suites NetSuite dot Com slash handle.
(15:39):
This is Handle on the Law.
Speaker 1 (15:42):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 2 (15:48):
DFI AM six forty Bill Handle here on a Saturday
morning eight hundred five two zero one five three four
and welcome back to Handle on the Law Marginal Legal Advice. James, Hello, James, Hey.
Speaker 4 (16:10):
Bill, Yes, I caught a shakedown lawsuit. I am being
sued because a blind person cannot read my website. A
law firm has went around and filed over a thousand
cases on people who have websites saying that, hey, my
blind customer was not able to read my website.
Speaker 2 (16:31):
Okay, how do those cases go? Okay, of course it's
a shakedown. Have you looked at those thousand cases? How
have they done?
Speaker 4 (16:42):
What happens is there's another law firm that's saying, oh,
they can't stand up. They're doing this and if you
give us twenty five hundred dollars, we can settle it
for seventy five hundred bucks.
Speaker 2 (16:52):
Okay, that's a shake and that's a shakedown too. That's
a shakedown also. All right, So with all of that said,
you have two law firms. I don't think they're working
in collusion with each other. I think you have one
law firm that has found a loophole or is relying
on case law. Some usually this is a DA stuff
in violation American with Disabilities Act, but this one doesn't
(17:13):
seem that way.
Speaker 4 (17:15):
Uh.
Speaker 2 (17:15):
Then how do they know what they're buying? Who? Who
told them that number one? The website even exists? And
how do they know anything about it? How do they
know prices? How do they know what it is that
you're selling? How do they find that out?
Speaker 4 (17:34):
It's it's a pretty easy fix. If anybody's listening and
you don't have the ADA icon on your website, you
just downloaded it takes about a half an hour to
put it on. And then a blind person, can you know,
click the icon? No?
Speaker 2 (17:47):
I understand, Well, how does it? How does a blind
person know to click the icon?
Speaker 4 (17:53):
I don't know.
Speaker 2 (17:54):
No, that's the see, that's the questions. See that's right.
The blind person asks who ever to help him or her,
and then that person did not share with that blind person,
how much money, what the restrictions are, what you insist
that they do, you know whatever, you can't, you know,
(18:15):
undo this particular product, because if you do, warranty doesn't fly,
all kinds of stuff. Of course, you have a perfect defense.
The problem is is that unless there is case law
that I'm not aware of, then you've got a perfect defense,
saying it's interesting that they were They bought the product,
(18:37):
they knew how much the product was, they knew where
to send the money, they knew all of it. But
they're blind and they can't they didn't go through the
small the fine print, or didn't you know whatever. What
are they saying that you did they didn't read because
they couldn't read. What is it that was missing? Are
they saying you under overcharge them? Are they saying that
(18:59):
you misrepresented the product?
Speaker 4 (19:03):
Well, a blind person didn't buy anything. They just said
they were unable to purchase.
Speaker 2 (19:08):
Okay, unable because they couldn't. Okay, So that is ridiculous.
So that is a defense. This is one of the
things where I simply would defend. I'd answer the suit,
and I'd walk into court and say.
Speaker 4 (19:23):
Here's my question, Bill, My question is is I have
not been served yet.
Speaker 2 (19:28):
On the law then you haven't made Okay.
Speaker 4 (19:29):
I found out about the lawsuit. The way I found
out about the lawsuit was from the other law company
that said, hey, they can't stand that making.
Speaker 2 (19:38):
Let me okay, let me tell you how. Let me
tell you how that works. Okay. Oh, this is everybody
is scamming on this one. When a lawsuit is filed,
that is a public document, and based on the lawsuit
being filed, the next step is serving the defendant. So
a lawsuit has been filed against you, so that's in
(20:01):
the court and you have yet not been served in
order to move my reward, I'm sorry.
Speaker 4 (20:08):
If I read the lawsuit, it says on it that
the case has been put in an envelope and meld.
Speaker 2 (20:15):
But it doesn't matter. No, it has to be personal service.
It has to be personal serve. And when you say
you read the lawsuit, what does that mean?
Speaker 4 (20:24):
I logged onto the county court and.
Speaker 2 (20:27):
That's it exactly.
Speaker 4 (20:28):
I read it right there.
Speaker 2 (20:29):
Okay, that's exactly what the defense lawyer in quotes did.
Is that firm looks every day at all the law firm,
all the lawsuits that have been filed, not yet served,
but filed. They may have an algorithm for I know
that picks them up. And as soon there's a lawsuit filed,
(20:49):
either under the ADA or your kind of lawsuit. Because
the court, these people know what's going on. It's easy.
You can go every day and look at every lawsuit
in La County that's filed. I mean they're thousands, but
they look through everyone, and based on that they call you, Hey, James,
a lawsuit has been filed against you. Pay US twenty
five hundred dollars. We'll settle it for seventy five hundred
(21:11):
dollars and you don't have to go to court because
the other side's gonna nail you. Nothing happens until you're served, James.
That's for starters. Nothing And based on what they said
me then you then then the lawsuit doesn't go forward.
Speaker 4 (21:27):
Less well, because I'm an I'm an corporation, it doesn't
matter then myself. I can't go to court and say hey,
you can't.
Speaker 2 (21:34):
Of course you can.
Speaker 4 (21:37):
Without a lawyer.
Speaker 2 (21:38):
I can go to you own the S corporation.
Speaker 4 (21:41):
It's you, but of course that was the S corporation.
I needed repuge, I need you.
Speaker 2 (21:47):
Can represent you can represent the S corporation, all right, Okay,
that's because it's you. You own the company, right right, Okay,
So therefore anybody who owns the company can never defend
themselves ever. So if I am an S I for example,
(22:08):
I'm an S corporation, okay, right, and I have a company,
uh let's call it Acme uh Acme Cookwear company, and
I own it, and it's an S corporation, I can't
go in defend myself. Of course I can.
Speaker 4 (22:24):
I don't.
Speaker 2 (22:24):
I don't need a lawyer to do that. So you
can defend yourself, but don't until don't until you are served.
The rest of it is crap. And then I would
go in and just I would defend myself. Now you
have to look at the law because there may be
some kind of exception. As I said, for example, a
DA has very specific stuff. For example, there are professional
(22:47):
scammers that go in with their wheelchairs and they'll measure
the height of the mirror in the restroom and if
it's a quarter of an inch too high, boom, a
DA lost suit has filed immediately, and it's automatic. The
judge has to give it, and it's a minimum of
four thousand dollars or whatever the ADA says your situation
(23:09):
is crazy, because that means blind people can always sue
anybody on the internet arguing I wasn't able to read
the I wasn't able to read the offer, read the price.
I only thought I was paying two dollars, and you're
charging two thousand dollars for that item. Oh no, no, no,
(23:31):
I want it for two dollars. Or my damages are
nineteen hundred and ninety eight dollars. I mean, that becomes crazy.
So I think you have a yeah, I mean that
defense is perfect, but it's it's the hassle. It scares you.
Usually these lawsuits with the quarter of an inch off
on the mirror are small businesses that are owned by
(23:54):
minority people, immigrants who have come to the United States
and have saved all their money and finally get in
buy a small business, and they get these and they're
scared to death and they pay the seventy five hundred
dollars because they're scared to get involved with the legal system.
I mean, can you imagine that? Go ahead?
Speaker 4 (24:13):
My court date is at the end of July.
Speaker 2 (24:15):
No, you haven't been served yet. You have not been
served yet, James, on the calendar bill, it doesn't matter.
It's based on service. And if it turns out that
you have a court date, how do you know when
the court date is?
Speaker 4 (24:30):
I looked it up on the county website.
Speaker 2 (24:32):
How do they know? How do they know you looked
it up?
Speaker 4 (24:37):
Well, I mean, so you're telling me I shouldn't go.
Speaker 2 (24:39):
No, I'm saying, well, it's I don't think it's valid.
I don't think it's valid. I wouldn't go. Now they
may have a process server come in there and lie
about you showing up. That's a different issue. Well, but
let me make you this you're saying, you're saying the
same thing that a blind person is saying. I looked
(25:01):
it up. How do we know that? Wait a second,
I looked it up. I haven't been served, but I
looked it up. And if I didn't look it up,
you know that I'm going to get a default judgment
against me, which you might, by the way, and then
you fight that one. I mean, these scams really get
to you, James, They really, they get to everybody. And
(25:21):
what I would do, here's the last thing I would do,
is look up lawyers and this you can look up
law firms that have gone against these people, or look
at the attorney general of the state or the county,
the age of the county to see what happens. But
that's it's a scam. But there has to be personal service,
(25:43):
that's the law. How can you get a court date?
You don't even know there's a court date? Do they
assume you looked it up? Do they know you got
the letter? Does the court know you got a letter
from Sleezwall attorney saying we'll settle it for seventy five
hundred dollars? How do they know? They have no idea?
(26:05):
I mean, he's right, I mean the frustration is completely crazy.
These are This is what gives attorneys a horrific name.
All right, let me tell you a little bit about
living in pain. Boy, you just talk about living in pain.
But if you live in chronic pain, if you will
live in the pain, that's twenty four to seven. And
I happen to live with someone who suffers exactly that
(26:29):
happens to me and my wife. So what she did
is three years ago or two years ago, started something
called The Pain Game podcast, and it's about helping herself,
helping people who suffer from chronic pain or dealing with
people who, let's say, treat chronic pain. I mean, chronic
pain can be very lonely and it's just no fun.
(26:51):
As I said, it's constant, and sometimes it's really bad,
and sometimes it's really really bad. So let me suggest
going to the Pain Game Podcast and you can do
this wherever you listen to podcasts. It's someone who suffers
from chronic pain who helps people who suffer from chronic
pain and trauma. And based on you know, the reports
(27:13):
and the response, it really does help people. So it's
the Pain Game Podcast. You can listen to it wherever
you listen to podcasts, and every episode ends with a
message of hope. That's a good side of it. On
social media, it's at the Pain Game Podcast. At the
Pain Game Podcast. Season three just started dropping The Pain
Game Podcast. This is handle on the law KFI AM
(27:38):
six forty bill handle Here. It is a Saturday morning,
and the number is eight hundred five two zero one
five three four eight hundred five two zero one five
three four. Welcome back handle on the law Marginal Legal Advice. William,
there's the name I can remember, Hello William, Welcome.
Speaker 4 (28:01):
I bought a replacement speaker for my hycle.
Speaker 6 (28:04):
Okay, it was like I got an upgad My speaker
went out, and so I got a more expensive one,
like three hundred dollars. Took it to a pro audio
guy to have him put it in. I was like,
how much it costs to put in? Okay, fifty bucks.
I'm like great. So I left it there and I
went head lunch, came back, went home, and when I
got home, I looked at the speaker a little bit
(28:25):
more closely that they put in, and it turned out
it was actually a different a different model, and I
went on the internet and took a look and the
one that they put in was only maybe like one
hundred dollars.
Speaker 2 (28:35):
Okay, so you're on a couple hundred dollars.
Speaker 6 (28:39):
Took it to install it, paid fifty bucks.
Speaker 4 (28:41):
Yeah.
Speaker 6 (28:43):
So I called the guy back and I said, hey, man,
this isn't the speaker I brought you, and he's saying, yes,
it is, so I have I have. I didn't take
a picture of it before I left it with him,
which I probably should have, but I didn't think that
they would switch the.
Speaker 4 (28:58):
Speaker on, right of course.
Speaker 6 (29:00):
Okay, so I have a receipt and also, okay.
Speaker 2 (29:04):
Okay, I don't care about that. I don't care whether
you know it or not. A couple of questions. Question
number one, I'm assuming you have a purchase order from
the place you got to the speaker from that that
lists the the skew number, lists the model number, and
everything that you bought. Right, yes, okay, So with that
(29:26):
you now have proof of what you bought. Now you
take it to this guy's going to charge you fifty bucks,
and did you write him a check? Did you pay
him cash?
Speaker 3 (29:36):
You?
Speaker 2 (29:37):
How'd you pay him?
Speaker 4 (29:40):
I pay him cash?
Speaker 2 (29:41):
Okay, now, And that's not the end of the world either.
So he says, no, I didn't change it out. You said,
yes you did. So he's denying it fair enough, So
you take him a small claim score. You're out to
two hundred bucks. Matter of fact, you're out more than
that because the speaker has to be reinstalled, so you
got to go someplace else to install it. So maybe
that's another fifty seventy five dollars. You're out now two
(30:02):
hundred and fifty two hundred and seventy five bucks. And
he goes, that wasn't me Okay, fair enough you're suing
him in small claims court and you're asking for these
damages and he says that wasn't me. You go, then
why would I choose you? What do you think? You
think I just pulled your name out of the phone
book if there were a phone book. And that's what
you're telling the Small Claims court, your honor, I paid him.
(30:25):
Is this just some guy or does he have a shot?
Speaker 4 (30:28):
He has a shot? Well, he gave me a receipt.
Speaker 6 (30:30):
I have a receipt from that.
Speaker 2 (30:31):
Well, then you're fine. Then how does say it isn't so?
Now the only issue is he didn't switch models on you.
And you go, okay, here is the uh, here's my purchase.
Speaker 4 (30:42):
The issue.
Speaker 6 (30:43):
I have a receipt from the purchase.
Speaker 2 (30:44):
Okay, No, I understand that, and I get that. I
understand that. I'm telling you how to deal with this.
And what you do is you have a proof of
the purchase. You have proof that you pay him. And
he's not denying it. He just says he didn't switch
it out. And you take a picture of the one
(31:07):
that was put in your car, and you say, I
paid it fifty bucks And now it's a small claims
court judge going to say, uh, and I'm thinking, this
is me thinking is a small claims court judge. You
installers say you never changed it. Here's the problem that
William has proof that he bought speaker A. He has
(31:30):
proof that speaker B is now in there, and you
run the shop. And what are you going to say? No, No,
I didn't switch it out, No I didn't. Let me
tell you if I'm the small claims Court judge, I'm
going to give it to you in two seconds. And
that's all you can do. You have, that's the proof
you need, so you know, you tell it to the here.
You've heard that before, you tell it to the judge,
(31:52):
and this one seems to be No, I think it's legitimate.
I would certainly believe that Cassidy High can City welcome.
Speaker 7 (32:02):
Hi, Thank you so much.
Speaker 5 (32:03):
Bill.
Speaker 2 (32:03):
Sure, okay, you asked questions. Let me tell you how
it works.
Speaker 4 (32:08):
Okay, go ahead, sure, thanks.
Speaker 8 (32:12):
I'm going to a live a mediation.
Speaker 7 (32:14):
My husband is telling me that I have to stay
on the mortgage indefinitely when I have not lived with
him for three years and he forced me to sign
sports How did.
Speaker 2 (32:28):
They force you? How did he force you? What? What
was the caliber What was a caliber weapon that he
held your head when he forced you?
Speaker 4 (32:35):
Right? You're right, You're right exactly. Okay.
Speaker 2 (32:37):
So he signed the mortgage. Okay, you signed the mortgage
being responsible who owns the property by the lake, Cassidy,
who's on title?
Speaker 6 (32:45):
Both of us?
Speaker 2 (32:46):
Oh excellent, Okay. So he's asking, So you're asking and
get off the mortgage. You're not going to be able
to correct.
Speaker 8 (32:54):
I have asked him several times for our mediation, which
will be in a settlement conference next week. Can I
please I want off the mortgage and ill?
Speaker 4 (33:05):
Okay with the judge.
Speaker 2 (33:07):
Yeah, no, I understand. I'm not arguing that. But listen,
the judge doesn't have jurisdiction over the mortgage holder. The
judge doesn't say to the mortgage cold holder, you have
to release Cassidy from owing any money, and the mortgage
holder goes, wait a minute, she signed as a lender
or as a borrower, and your honor, you can't ask
(33:29):
me to take her name off.
Speaker 4 (33:32):
That's my problem.
Speaker 2 (33:34):
Yeah, that is a problem, but it's not that much
of a problem. It's not that much of a problem
because let me tell you what can happen. The mediator
can do whatever the hell the mediator wants to do
and will either follow the law or will say or
your husband may agree or may not agree. And I
don't think he will agree because it doesn't sound that
way that he goes Nope, I don't want her name off,
(33:55):
all right, And the mediator says, I can't force her
name to be off. I can. We can meet that
you pay the mortgage, but that doesn't mean you're off
the mortgage, which means if he doesn't pay, you're gonna
get stuck with bad credit, et cetera. Who lives there
and who pays it, uh is part of mediation. Who
is on the note is not part of mediation. The
(34:17):
mortgage holder is not going to let you off. But
I'll tell you the good news. Since you both own
the property, you can force the sale of the property cassidy,
and he can't do anything about it.
Speaker 4 (34:27):
Thank you, hey you bill?
Speaker 2 (34:31):
All right, there it goes. That's how I wanted to
end of it. Any owner of a property can force
the sale of the property, and that's your ammunition. Ammunition.
All right, let's talk about your business for a moment.
With this craziness with the tariffs. You know, I've been
in business for a long time, and unfortunately the product
(34:54):
I sell with my partner is cookwear from China. Cookwear
from China may with stainless steel. A man, I'm looking
at some serious problems and one of the things that
we're spending all of our time doing is trying to
figure out what's the future, like forecasting. And let me
tell you what makes your life much easier if you
own a business, if you do two million dollars or
more in business, and that's look at the folks at
(35:15):
net suite. Net Suite is the number one cloud business
management system, bringing accounting and financial management and inventory HR
into one efficient business suite. And what that does brings
all together. Every part of the program talks to every part,
and so you just run more efficiently, you run easier,
(35:35):
you run smoother, enabling you to number one, concentrate on
your business not administration, and do some forecasting. Oh man,
you need help with that. I certainly do. And this
is where net Suite comes in and helps you do
exactly that. So download the free CFOs Guide to AI
and Machine Learning. It's fast, it's easy. It'll tell you
(35:57):
whether or not net Suite can help you and I'm
sure it can. Forty one thousand businesses have said, yeah,
this is good stuff. NetSuite dot com slash handle that's
netsuitet as an office suites. NetSuite dot com slash handle.
This is Handle on the law. You've been listening to
(36:18):
the Bill Handle Show. Catch my show Monday through Friday,
six am to nine am, and anytime on demand on
the iHeartRadio app
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