Episode Transcript
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Speaker 1 (00:00):
You're listening to KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f I AM six forty.
Bill Handle here Saturday morning, last hour of the show,
although I will continue with phone calls off the air,
(00:20):
and I'll do that for half an hour forty five
minutes until all the calls are answered. So I'll tell
you more about that later on as we get close
to the end of the show. And the phone number
here eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. This
(00:42):
is Handle on the law, marginal legal advice. I tell
you where. I tell you have absolutely no case a
case that we have been looking at. And this has
all not only criminal implications, but political implications and moral
ones too. Has to do with the death of Brianna Taylor.
(01:06):
If you remember, Brianna Taylor was killed. She's a black
woman and the police raided her house. Wrong house. She
was totally innocent, and I think her boyfriend was killed
and so and it was it was really tough for sure,
and of course she was killed too. So here's what happened.
(01:30):
One of the cops that shot into the house didn't
hit anybody but just shot in the house, was charged
and now he has He was convicted, and the Trump
administration asked for this. It was a federal trial. The
Trump administration or the Department of Justice asked for one
(01:52):
day in jail, and he had already done a couple
of days when he was arrested or whatever amount of time,
so it'd be he would be given time served and
would walk out of the courthouse as a free person.
And so here's what's going on. He is white, she
is black, and the administration is in a world of
(02:14):
getting rid of DEI or any allegation of racial disparity,
as you know with all the issues of Harvard and
Columbia and corporations getting rid of affirmative action or DEI programs.
So this is in light of what was going on
with white police officers going after and inappropriately dealing with
(02:40):
minority defendant suspects, etc.
Speaker 2 (02:44):
And this all happened as a result.
Speaker 1 (02:46):
Of the murder of George Floyd in Minneapolis, and there
were all kinds of similar acts. So it became a
focal point this case too. I mean, the outrage about
her killing wrong person. She was innocent, so out and
the officer Bret Hackinson is white. So I mean that
(03:09):
is a perfect storm at that point for all kinds
of political consideration and outrage, et cetera. And we know
the Trump administration is in the middle of well getting
rid of any allegation of their civil rights violations and
that white people are getting nailed and should take responsibility
for anything that was ever done to minorities. And so
(03:32):
we know what's happening now. The doj asking for one
day in jail is I would say the word outrageous
for many people, and it is. I mean, this cop
should have gotten years and years in prison, and a
federal judge sendced him to three years in prison, and
(03:55):
a complete rebuke to the Trump administration basically saying, nope,
I'm not going to have you push for one day
in jail because of the politics around this thing. So
he went ahead and gave the police officer Brett Hackinson
(04:15):
three years for civil rights violation. You know, sometimes the
law and justice pre ms politics. Certainly does. All right,
let's go ahead and take a phone call. Hello, Albert,
you're up.
Speaker 3 (04:34):
Welcome, Hey Bill, my dad in and into a promissory
note with another gentleman about fifty thousand dollars to flip
a house and something that wrong there. So the guy says, well,
we're not doing that yet, so I'm gonna pay you
five hundred dollars a month or four hundred and fifty
dollars a month as interest on a fifty thousand dollars.
(04:55):
Then my dad got sick and passed away.
Speaker 1 (04:57):
In about forty days.
Speaker 3 (04:58):
This is in October twenty twenty two. I didn't know.
I knew about the agreement, of the agreement, what was happening,
but I didn't need find any paperwork until like three
months ago. Okay, my father's storage and fine.
Speaker 1 (05:09):
All right, tell me about the paperwork. Tell me about
the paperwork. What does this say.
Speaker 3 (05:14):
It's just a promissory note against his property, and it's
just it's notorized, but it was not recorded.
Speaker 1 (05:20):
Well, it does matter. Promissory notes don't have to be recorded.
If you're talking about secured by property. Those are deeds
of trust. Those have to be recorded. So that really
doesn't matter. Now the promissory note says.
Speaker 3 (05:33):
What on it that he's borrowing fifty thousand dollars for
the intention of purchasing another home to you rehab it
and flip it.
Speaker 1 (05:41):
Right, When when does the money have to be paid?
When does the money have to be paid back per
the note?
Speaker 3 (05:46):
Have you paid back in twenty twenty three, which it
didn't happen?
Speaker 4 (05:49):
Oh?
Speaker 1 (05:50):
Okay, to be paid back? Okay, it has to be
paid back in one year or a couple of years. Yeah, okay,
all right. And the borrower said that I'm only gonna
pay you five hundred dollars of interest, and that's to
your That's what he said to your dad or to you,
to my father. Okay, got it? Okay, So what you dad,
(06:11):
what you have is your dad's a state is owed
this much money, and your dad's estate can sue the
borrower because the assets flow down. Now did he have
a will?
Speaker 4 (06:27):
Yes?
Speaker 1 (06:27):
Okay, Oh, then you absolutely have the ability on behalf
of the estate to sue.
Speaker 3 (06:35):
Any real estate lawyer or any power.
Speaker 1 (06:37):
Well yeah, yeah, we're talking of fifty thousand dollars. I
mean promissory notes. You know, I wish when you're talking
about that much money, that a promissory note is written correctly,
even pulling it off of the internet. Things like prevailing
party gets attorney's fees, that sort of thing. So if
(06:58):
you win against him. For example, he is responsible for
all of your attorney's fees.
Speaker 2 (07:03):
At this point, he's not. All you can get is
the money that's owed.
Speaker 3 (07:08):
And so I realize that the fees, there's lawyer fees,
but you know, I mean if they get if the
trust gets thirty five thousands opposed zero, it's better.
Speaker 1 (07:15):
Yeah, okay, that's fair enough. I mean it's not a trust.
You said, it's a will, right, it's a trust. There's
a trust, okay, but you're the trustee. Yes, okay, it
doesn't matter. I just wanted to get the terms. Everybody
conflates the two. Yeah, sure you can go ahead and sue.
Hire a lawyer. Absolutely, I hire a trust and estate lawyer.
And even if it costs you, as you said, fifteen
(07:37):
thousand dollars, twenty thousand dollars. Uh, it's better to get
the money back. Now, does the other guy have the money?
Speaker 5 (07:46):
Yeah? I don't know.
Speaker 1 (07:47):
Yeah, if he's already pissed it away, there's not much
you can do about it, because you're gonna get your judgment,
you're gonna pay your lawyer, and there's no and there's
nothing there, right, So you get to do an asset
search does he have a good job, how old is he?
This is when you talk to lawyers and you say,
can we get the money, and they'll do an asset search,
(08:08):
they'll do whatever. And you also have to be careful
with lawyers saying, oh, yeah, you know, I'll do your
case and it's going to cost you fifteen thousand dollars
and we're going to get a judgment, which you probably will.
And in the end, the lawyer gets paid by you
up front and there's nothing on the back side. So
you know, asset search. Maybe you want to do your
own asset search, and there are people out there that
(08:30):
do exactly that. And it's not that much money because
everything's on the internet now, So give that a shot.
Speaker 2 (08:35):
I mean, that's tough. That really is case in point.
Speaker 1 (08:39):
It doesn't even with a note that puts prevailing party
gets attorney's fees if the other side doesn't have the money.
Speaker 2 (08:45):
I mean, there's nothing. There's not much you can do,
all right.
Speaker 1 (08:50):
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(10:14):
Law KFI handle here Saturday morning. Our last hour phone
numbers still have lines available. Since this morning we had
fair number of lines that were open. I had great
phone calls too. Eight hundred five two zero one five
three four is number to call. Eight hundred five two
zero one five three four more phone calls. Welcome back
(10:37):
to Handle on the Law. Hi, Ded, you're up.
Speaker 6 (10:41):
Welcome Hello, Yeah, sure, I just need some some advice
about a situation that happened my mom. My mom deceased,
passed the way back in ninety said Danny. This is
one Me and my one sister eighteen and seventeen got
my dad for a child support for back pay, and
(11:03):
she passed away. So me and my dad, all three
of us went to the district attorney's office sign papers
and showed them her death certificate to stop payment on
child support. So we got third.
Speaker 1 (11:15):
We got uh wait a minute, hold on right, wait
wait wait wait, Uh your dad owed the child support
or your mom owed the child support my dad? Okay,
So the fact that your mom is uh, I guess
she was just handling the child support. Okay, fair enough,
So you show uh the DA that mom is gone,
and then what right?
Speaker 6 (11:37):
Then they still kept on for thirteen years from ninety
seven to twenty thirteen, still garnished my dad's pay, paychecks
and yearly taxes.
Speaker 1 (11:48):
Okay, at what point? At what?
Speaker 2 (11:51):
At what point did the kids turn eighteen?
Speaker 6 (11:55):
We were me and my sister were eighteen, and in
ninety seven, a year after my month passed.
Speaker 2 (12:00):
Okay, so you're in So that should have ended right there?
Speaker 1 (12:04):
When eighteen? And then how about there were three of you?
Speaker 4 (12:06):
Right?
Speaker 6 (12:08):
No, no, no, just me and my sister.
Speaker 1 (12:10):
Okay, So you're eighteen years old a year after the
child support order is written or issued? Uh, and the
DA is taking child support money or you're garnishing your dad.
But they should have garnered for one year until you
hit eighteen. How did you got How did whoever represents
(12:30):
your dad's a state? Or how did he let this
go for another thirteen years?
Speaker 6 (12:36):
How did the DA is what I'm senuating? So my
mom she she she got garnishment, got my dafter child
support from the past of rears.
Speaker 5 (12:46):
So what she did pass?
Speaker 6 (12:47):
How much I've seen an eighteen years old.
Speaker 1 (12:50):
Okay, got it?
Speaker 7 (12:51):
How much?
Speaker 6 (12:51):
About about undred thousand?
Speaker 1 (12:54):
Okay? Was that paid off?
Speaker 8 (12:57):
No?
Speaker 6 (12:57):
When my mom passed.
Speaker 1 (12:58):
No, okay, but you're already eighteen and he owed your mom,
get it, so the money should have gone to you guys. Okay, No,
should have gone to her for child support. I still
don't know how this went on for thirteen years. I
just don't get that right.
Speaker 6 (13:14):
She's deceased. We went to the DA shoulders that showed
them her death to forget. She passed away in ninety seven,
So from ninety seven to twenty to thirteen, they still
garnished his checks.
Speaker 1 (13:24):
Yeah, but you're you know, it's still there. Were you
getting any child support from them? Your mom wasn't getting
child support, You were getting no child support and they
were still garnishing wages and not giving it to you.
Speaker 6 (13:35):
Correctnish your wage from a dead Yes, but my mom.
Speaker 2 (13:38):
Said, okay, were any of you on state aid?
Speaker 6 (13:42):
Nothing? Nothing?
Speaker 1 (13:43):
Nothing? All right? What's your all right? So what's your question?
Speaker 6 (13:46):
We were now thirty thirty, thirty one, thirty two years
old already, and they're still garnishing his checks. Knowing that
we went to the DA was.
Speaker 1 (13:53):
Still and he's still around. He's still there, yes, and
he's working, listening to you right now, and he's working
how old is he?
Speaker 6 (14:02):
Yes, he's going to be sixty eight in January.
Speaker 1 (14:05):
Uh, and why hasn't he gone in and stopped the support?
What a whole bunch of years before.
Speaker 6 (14:13):
He doesn't know the avenues to call.
Speaker 1 (14:16):
Okay, yeah, all right, that doesn't matter, that doesn't matter. Okay,
he's going to need an attorney, clearly, because we're talking
about a lot of money.
Speaker 2 (14:25):
Here that was taken by the DA and went no place.
Speaker 1 (14:29):
So yeah, you have to get an attorney who uh
deals with child support and that would be a family
law attorney probably, and there's there's no way around this one. Yeah, attorney.
Speaker 6 (14:43):
He has a letter stating from the DA that they
stopped the payment in twenty thirteen for a fraud something
something internally happened with fraud. So he has that letter
in hand.
Speaker 2 (14:53):
All right, so that helps, But they kept on going.
Speaker 1 (14:56):
What you said that they're still wait sec they up
the payment in twenty thirteen. Yet here we are twelve
years later, and you say they're still garnishing his wages.
Speaker 6 (15:08):
No, sir, nope, no, no, no, I stopped in thirteenth thirteen, fourteenth,
that's all.
Speaker 1 (15:12):
Oh, okay, you may have a big statute issue. I
mean a big one family law attorney, No question about that. Wow,
that is h Yeah, that's a little tough. Oh, okay, James,
Hello James.
Speaker 9 (15:29):
Yes, sir, I lent somebody some money back in twenty
eleven and he hasn't paid me back. It's ten thousand
dollars and he's now surfaced in Canada. He is a
Canadian citizen. How do I go about trying to collect?
Speaker 1 (15:47):
Well, the problem is you're fourteen fifteen years later. Yeah,
I mean that's the problem. Have you been looking for
him for fourteen years?
Speaker 9 (15:59):
Yes, we were working together in Abu Dhabi.
Speaker 7 (16:01):
He was.
Speaker 1 (16:02):
I don't care about that. Have you been looking for it? No?
Have you been looking for him since he made his
last payment?
Speaker 9 (16:09):
He never made a payment. He disappeared into China, then
into India and then into Azerbay.
Speaker 1 (16:15):
John, Okay, Well then you may have okay, lost all right,
fair enough, all right, So you may have an all right,
so the statute may toll on that one.
Speaker 2 (16:21):
Yeah, And how much money does you loan him?
Speaker 4 (16:24):
Ten?
Speaker 1 (16:26):
Ten thousand? All you said that, I'm assuming there was
a promisory note.
Speaker 10 (16:31):
Yes there was?
Speaker 1 (16:32):
And when are you supposed to pay you back?
Speaker 9 (16:36):
He was supposed to pay back in sixty to ninety days.
Speaker 1 (16:39):
Okay, And it says that right on the note. Yes, okay, Yeah,
you file lawsuit. Probably file lawsuit in small claims court
in California. Is that where you loaned him the money?
Speaker 9 (16:54):
No, I loaned him the money in Abu.
Speaker 1 (16:56):
Dhabi, Abu Dhabi. Now a small claims court gonna work
on this boy. You got me because here's where you're
allowed to sue in small claims court. Where he lives,
where you live or where the contract took place, and
small claims court. Will they let you serve him in Canada?
Speaker 4 (17:19):
Yeah?
Speaker 1 (17:19):
The question here is service and do you get a
Canadian attorney? Is it worth it? Probably not?
Speaker 2 (17:27):
Yeah, this is a tough one. It is a tough one.
Speaker 1 (17:31):
I would just beat him up, you know, I would
just hire someone in Canada. Just beat him up. I
mean that's just the you know. Also, you're gonna get
a third back, you know Canada. You know he owes
you ten thousand, right, he actually he owes you thirteen
thousand dollars. I mean, you know the exchange rate. Yeah,
it's I would talk to both the Canadian attorney. Small
(17:52):
claims you gotta find out if he can be served.
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(18:39):
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on the Law.
Speaker 7 (19:17):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (19:24):
Yeah, Fie Handle here Saturday morning, last half hour the
show and uh so so I roomed four calls eight
hundred five two zero one five three four And at
the end of the show, I'll continue with phone calls
off the air and I'll tell you about that a
little later on eight hundred five to two zero one
five three four. Back we go. More Handle on the Law,
(19:47):
marginal legal advice. All right, chat, hello, chat.
Speaker 5 (19:52):
Okay, I read Claire. It's a good idea to have
a trust and a will. Yeah.
Speaker 1 (19:57):
Well, usually trust they're usually will's are connected to trust.
They're called rollover trust.
Speaker 10 (20:03):
Uh.
Speaker 1 (20:03):
And what's ever in the trust? Yeah, whatever in the
trust goes pursue it to the trust, and then whatever's
left there's a will for it.
Speaker 3 (20:09):
Uh.
Speaker 5 (20:10):
It's just it's you'll have to go through probate, yes, okay,
but if it's only a trust, they don't have to
go through probate.
Speaker 1 (20:18):
That's correct. But you have to transfer your property into
the trust. The trust has to own the property in
order to be distributed by the trust. So let's say
there's a house. Okay, and what do you do? Let
me ask you this, what do you do with the
dining room table? You put that in the trust? I
guess that's why their wills.
Speaker 5 (20:42):
Oh, that's why you have a will.
Speaker 1 (20:43):
Yeah, so how much? Let me ask you this, Chet,
how much money are we talking about? He put it
all together about two million. Then you go to uh,
you go to a trust in a state lawyer, Chet
for two million dollars. You don't listen to me for
two million dollars. I don't listen to me. Oh okay, okay,
(21:04):
because I have a trust that I have a trust
that doesn't come near that number. And believe me, I
went to a lawyer who doesn't go on the radio
and give marginal legal advice. Two million bucks is certainly
enough to pay a trust in a state lawyer. You'll
pay several thousand dollars for that. But yet you have
to you can't screw around with money, make that okay.
(21:24):
I get these all the time. You know, I've had
them for you know, someone's called up, oh Bill, and
you know I'm thinking of doing internet will. What do
you think? Are they pretty good? And I go, yeah,
they're pretty good. They're not bad and so. But they're
only for simple It's a simple will, which means, let's
say you own a house, right, or you own some
(21:46):
property and it or you have some assets and it
goes in the will. And I said, so, let's talk
about your estate property in four different estates twenty million dollars.
I go, and you're asking me what you should do
in terms of your assets. Give me a break, Chris, Hello, Chris, welcome.
Speaker 7 (22:10):
Hey, how are you hey? Long term disability case? Okay,
I was diagnosed with paint cared cancer last June to
last year, right, so I did my short term. I
tried to plaque my long term. Of course, I got
denied on a private long term disability through my work
and I'd only worked for the company for a month.
(22:30):
So they're going back to see if I had a
pre existing condition, which from all the chords I didn't.
I asked the doctor did it? As Affidavid wrote the denial, writing,
I think I'll win that The problem is the insurance company.
Do I have a case that they tried to use
records outside of the look back PID to see if
I had to diagnosis. They used a full year when
(22:51):
they weren't allowed to use ninety days of records.
Speaker 1 (22:53):
Yeah, yeah, do you have a chair?
Speaker 2 (22:54):
Probably not?
Speaker 1 (22:55):
Probably not. And especially if.
Speaker 8 (22:58):
They found denial itself.
Speaker 1 (23:01):
Well, the denial is if they can, they can deny
and you just don't hold on, Chris, what believe me?
That happens all the time when they know they don't
have a case, because they're gonna argue, we thought we
did have a case. And so what that always happens?
Insurance companies deny all the time. And if every time
an insurance company denied and they and they lost, what
(23:23):
are you gonna do? Sue them for denying? Does that
mean that automatically they have to pay every claim because
if they deny, they get sued.
Speaker 7 (23:37):
Well, you know in this case, they're they're judging jury.
Speaker 8 (23:40):
They make their own rules.
Speaker 1 (23:41):
That is what insurance company, Chris, that's what they that's
what they do, Chris, That is exactly what insurance companies do.
Speaker 2 (23:51):
They are the judge and they are the jury.
Speaker 1 (23:54):
You get into a car accident, you're going against insurance company.
They decide they will pay or they won't pay, and
if you don't like it, you sue them.
Speaker 2 (24:04):
And that's exactly the case here.
Speaker 1 (24:07):
You can't sue.
Speaker 7 (24:08):
Denying win in the long term case.
Speaker 1 (24:10):
Then you got it. Then what's your question.
Speaker 9 (24:12):
That I'm trying?
Speaker 7 (24:15):
Can I go after him for looking at records outside
the periods?
Speaker 1 (24:18):
Yeah? Probably not? Yeah, probably not. How are you damaged
by that?
Speaker 5 (24:25):
Yeah?
Speaker 2 (24:27):
I mean, well how do you how do you prove that?
How do you prove it delayed your claim.
Speaker 8 (24:34):
Because they took that time reviewing.
Speaker 1 (24:37):
Okay, And so here's what they do, Chris. Right, So
all right, So Chris, they bring in they bring in
two hundred cases just like yours that they denied. Yeah,
all right, So no, I don't think there's anything there.
I really don't. You're gonna win it. You're gonna win it.
It happens all the time. Of course they deny insurance companies,
(24:57):
not like crazy. It's like their job to deny. Wow,
it's bad faith. No, it's not their job is Let
me put it this a way. Where is their duty
to their shareholder? Now? Statutorially, it's to the insured, right,
it's to pay out when there's liability and to be
(25:18):
to do it in good faith. But give me a break. Now,
let's talk reality here, Martin, Hi, Martin, welcome.
Speaker 4 (25:27):
Hello, Hello Bill, Yes, my ex wife and son and
his aunt drove to Las Vegas. My ex owns a
piece of property there, so she goes there periodically. They
went in a twenty seventeenth suburban with fourteen thousand miles
and the air conditioner blew up, and they took it
to a place in Las Vegas and they said that well,
(25:49):
you need you need a compressor, you need this. And
when by the end of the day they had it,
it was a Saturday and they wanted to get the
car out before Sunday, and so they said, well, we
don't have one of the parts. So they my son
took the car back put it in her garage and
it stayed there for a week. They had an open
invoice on it for fourteen hundred dollars, and they promised
(26:11):
me that they would not charge the card, so that
particular card. When I got the bill that charge, that
card was charged fourteen hundred dollars. Then we brought it
back the next week and they finished the job and
they said, oh, by the way, you need an alternator.
They put an alternator on. Long story short, the whole
(26:31):
bill was twenty one hundred dollars in addition to the
fourteen hundred dollars that they that they said that they
that they would not charge, so all together with a
thirty six hundred dollars bill. So I just feel like
I was ripped off.
Speaker 1 (26:46):
Yeah, you probably were, all right, So you're going to
dispute it, right.
Speaker 4 (26:51):
I'm gonna dispute the first charge, but not the second.
Speaker 1 (26:54):
Well except, I mean, you can dispute whatever you want.
This is well, here's the recourse. Okay, you dispute you
did it, and the and the credit card company goes
ahead and puts the money back, doesn't take it whatever,
and you're done because the car repair shop hasn't gotten
the money and you're not out anything. Now what happens
(27:14):
during a dispute. You dispute, You explain why you're disputing it.
The credit card company then goes to the provider, as in,
goes to that repair shop, and the repair shop will say, yes,
we did it, yes we performed, yes we did everything,
and the credit card company is going to say to you,
too bad.
Speaker 2 (27:35):
They, to our satisfaction, said they did the work.
Speaker 1 (27:38):
Now you have shown the fourteen hundred dollars bill that
says only fourteen hundred dollars you didn't.
Speaker 2 (27:45):
Okay, the rest of it. Correct.
Speaker 4 (27:48):
I didn't okay, I didn't. Okay, the first charge I
thought it was going to be an open charge and
that the additional charges would be would be fourth when
the car was finished, when we brought it back.
Speaker 1 (28:02):
All right, So let me ask you, okay, So I
got it. Okay. So that's going to be your argument
with dispute. I think you're probably gonna lose the dispute.
Then you turn around, you sue these guys. That's all,
you know, whatever, you're out beyond.
Speaker 4 (28:19):
Bad insult to injury. They put an alternator on the
car that the car did not need.
Speaker 1 (28:23):
It doesn't matter. That's part of your lawsuit.
Speaker 2 (28:26):
That's part of your lawsuit.
Speaker 1 (28:28):
Okay, that's uh. You argue that.
Speaker 2 (28:30):
And then the trick is you live where in southern California?
Speaker 4 (28:35):
Yeah, I'm in Van Eysenas.
Speaker 2 (28:38):
All right now, I understand.
Speaker 1 (28:39):
So you sue in file here in small claims court,
you serve them in Las Vegas, and then the only
issue becomes there's a court except out of state service,
and that's always a drag. Other than that, I think
you sue them in Las Vegas in small claims court,
so you get to go up there and argue the case.
Based on what you say, you probably have a win there.
(29:01):
But yeah, you never know, you know, the guy comes up,
Yes he needed it, Yes we had to do it. Yes, Okay. Hey,
we are short phone calls first time today. So if
you would like to make a phone call, if you'd
like a question answered, the number is eight hundred five
two zero one five three four. Eight hundred five two
(29:22):
zero one five three four. We still have fifteen minutes
left till the end of the show and then I'll
continue with phone calls. But right now we're free and clear.
Tons of lines open. Eight hundred five two zero one
five three four. This is Handle on the Law Tam
buys Handle here. It's the last segment of the show.
(29:43):
But I'm still continuing on with phone calls.
Speaker 2 (29:45):
Off the air after the show.
Speaker 1 (29:48):
So you'll if you're on, if you're waiting, just hang
on because I'll grab you anyway. All good questions will
be answered and the number will be and still is
eight hundred five two zero one five three four, So
you can call right now, and if you're on hold,
don't sweat it. I absolutely will get to you. Welcome
back to Handle on the Law. Marginal legal addvice. Gary. Hello, Gary,
(30:12):
you're up.
Speaker 10 (30:14):
Yes, I had a tenant, I had the victim, and
I got a judgment for attaching wages, and it turned
out that somebody else had already attached it the wages,
so I have not collected yet. I wondered if there
was a statue of limitations on the judgment.
Speaker 2 (30:36):
Yeah, there is, but you're going to be very happy
about this.
Speaker 1 (30:39):
It's ten years and you can reaffirm it for another
ten years. So just filling out the paperwork. You got
twenty years on a judgment.
Speaker 5 (30:52):
Okay, okay, now all right now here.
Speaker 2 (30:55):
That was the good news. Now let me give it
the other side.
Speaker 1 (30:58):
If there is already a garnishment on this guy's wages,
then you're dealing with a professional flake. Now the good
news is you simply check in every once in a
while and you do an attachment and you try your
garnish wages and they say nope, it's already been taken
(31:19):
care of, and just kept on doing it. You get
twenty years, and interest also flies on that, so by
the end of that period you'll be owed a zillion dollars.
How much does the former tenant owe you nin whoa,
and so yeah, that's bunny. Yeah, I mean that's building
(31:39):
up at interest rate. I think it's five percent or
seven percent. Yeah, figure that one out. So hopefully you'll
be able to hopefully you'll be able to collect, which
probably you won't because these are professional flakes. David, Hello, David, welcome,
Oh Bill, big fans, thank you for taking my call.
Speaker 8 (32:00):
Sixty nine years old. Back in March, I quit peeing.
I went to the emergency room. And I never had
a catheter before. I didn't know what to expect. The
most painful thing everywhere through in my life turned down.
It was asserted it wrong.
Speaker 5 (32:15):
What's that? Oh?
Speaker 7 (32:15):
My god?
Speaker 1 (32:18):
Wait, what do you mean as it wrong?
Speaker 8 (32:20):
The wrong side, the wrong Oh they inserted it and
they used the wrong foldy and they answered the balloon
which was supposed to be in the in the bladder,
they blew it up inside my euretha and.
Speaker 5 (32:32):
Inside my prostate.
Speaker 1 (32:34):
OK, all right, so what kind of Let me ask
you them what happened as a result of that?
Speaker 8 (32:40):
Five months later, I had a nine hour surgery. A
couple of weeks ago. Doctor said it was the worst
eureka scar tiss ever seen. And and but here's the thing.
I went back six times to this hospital and they
did it six times to me. It took three guys
to hold me down with with with morphine and everything
(33:03):
that's didn't work.
Speaker 1 (33:03):
I literally was screaming, okay, got it all right, so
be some way. You say, you've got a good malpractice case,
all right now the t Now the question is and
you've had surgeries. I mean it's god awful now. Uh,
hopefully for you for the value of the case. This
is permanent damage. Hopefully your penis and your scrot just
fall off and you end up with a really good case. Uh.
(33:28):
But you have to talk to a medical Uh. You
have talked to a medical malpractice attorney. There's no question
about that. Uh, there is.
Speaker 2 (33:36):
Based on what you said, there's pretty good damage there.
Speaker 1 (33:38):
And you go to handle on the law dot com
and they'll refer you to a good malpractice attorney even though.
Speaker 6 (33:44):
They probably did, but everyone's afraid to seem to go
after this.
Speaker 1 (33:49):
Isn't that weird? Is that you went you went to wait,
you went to handle on the law dot com. Yes,
and you couldn't get a referral Mark down there.
Speaker 8 (33:58):
Yeah, Mark is great here at great to somebody.
Speaker 1 (34:01):
And he he referred you, which they do and yeah,
and he and the guy couldn't help you.
Speaker 8 (34:07):
It turns out everyone's afraid because there's.
Speaker 1 (34:10):
A limit you can get y y. Yeah, it's two
hundred fifty thousand dollars. But still that's pretty good. Call
Mark back and say, is there anybody else out there
that you are referral to?
Speaker 8 (34:23):
Okay, I really appreciate it.
Speaker 1 (34:25):
Thing, Yeah, no problem. Yeah, that sounds pretty that sounds
pretty outrageous. I remember a phone call where I had
a ninety year old man call me, uh, and he
couldn't pee anymore and he wanted to know does he
have a case because he went to the urologist and
the eurologist said, you know how old are you and
he said, I'm ninety and I can't pee. And the
(34:46):
doctor said, ah, you've peed long enough. Okay, that is
a very bad joke, by the way, very bad joke. Also,
catheters are no fun. I mean they are no fun.
I had a medical seizure where the catheter was put
in me and they did it right, and I'd asked,
I asked my doctor who ordered it, is this going
(35:09):
to hurt? And he goes, nah, it'll just be uncomfortable.
I was screaming at the top of my lungs, and
I next time I saw him, I started yelling at him.
I've known him for years and years, and I said,
how in God's name can you tell me this was
uncomfortable when it was the most painful things I've ever
(35:30):
I've ever felt. And he looked at me and smiled,
and he goes. I lied, No, I find it easier
to tell people it's uncomfortable that way, they're not frightened beforehand.
You lied to me. Yeah, I basically lied. Oh thank you, Cheryl.
Hello Cheryl, Cheryl?
Speaker 5 (35:50):
Are you there?
Speaker 6 (35:51):
In listening to you?
Speaker 1 (35:53):
I received a census questionnaire in the middle and I
don't want to fill it out?
Speaker 4 (36:01):
Do I have to? Yeah?
Speaker 1 (36:03):
The law says yeah, The law says you have to.
I mean, you know a lot of people don't. Do
you have to fill it out? Yes?
Speaker 2 (36:09):
If you don't, what ends up happening. How old are you, Cheryl?
Speaker 6 (36:14):
I'm old?
Speaker 1 (36:15):
Well, okay, give me an age. Give me a number.
Speaker 4 (36:19):
Older than you.
Speaker 1 (36:20):
Oh God, you're making it so easy, aren't you.
Speaker 5 (36:24):
All right?
Speaker 1 (36:26):
Sorry?
Speaker 2 (36:27):
Eighty six seventy Oh wow, that's not old.
Speaker 1 (36:33):
I mean you sound old. But that's not old, Cheryl.
Speaker 5 (36:37):
Yeah.
Speaker 1 (36:37):
Anyways, they're not gonna they're not gonna do anything to
you if you don't if you don't fill out the census,
but the law says, interestingly enough, the law said you
have to fill it out. Interestingly enough. All right, let
me talk about pain. I just gave you a little
story about my pain, but it's not chronic pain. I mean,
(36:58):
it just hurt for a small amount of time. But
if you live in chronic pain, which is all the time,
or you know someone who does, let me suggest you
listen to The Pain Game podcasts. And the guests on
the podcast have lived with, have dealt with, have treated
people living in pain, and also have lost people to pain.
(37:19):
The host, Lindsey Soprano, deals with her chronic pain twenty
four to seven and does it heroically and she helps
people deal with their pain.
Speaker 2 (37:28):
That's why she does this.
Speaker 1 (37:30):
Every episode ends with a message of hope, and you'll
understand the show is about truly giving pain purpose. I
know that sounds weird and counterintuitive, but once you listen,
you'll understand what I'm talking about. Listen to the show.
Wherever you listen to podcasts, it's the Pain Game Podcast.
That's the Pain Game Podcast on social It's at the
(37:53):
Pain Game Podcast. Season three is now going on. It's
the Pain Game Podcast. Also, as I finished the show,
I'm going to continue on off the air answering questions.
So if you are on hold, just they put, I
will get to you and you can still call in
and I'll be doing this for a few minutes. You
(38:15):
can call eight hundred five two zero one five three four.
Eight hundred five two zero one five three four and
even if lines are full, just wait a few minutes
because there are no breaks, no commercials, no weather, no traffic,
no patience on my part. As you know as you
listen to the show, eight hundred five two zero one
(38:39):
five three four. Coming up rich tomorrow with a tech show,
and then this afternoon two to five Neil Savager with
a Fok Report. Neil one of my best buddies who
is a matter of fact, he's my best man in
my wedding, and he's on from two to five with
the Foodie Show, and he's with me Monday through Friday.
This is Handle on the Law. You've been listening to
(39:03):
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 KFI AM six forty the Bill Handles
show on demand on the iHeartRadio f I AM six forty.
Bill Handle here Saturday morning, last hour of the show,
although I will continue with phone calls off the air,
(00:20):
and I'll do that for half an hour forty five
minutes until all the calls are answered. So I'll tell
you more about that later on as we get close
to the end of the show. And the phone number
here eight hundred five two zero one five three four.
Eight hundred five two zero one five three four. This
(00:42):
is Handle on the law, marginal legal advice. I tell
you where. I tell you have absolutely no case a
case that we have been looking at. And this has
all not only criminal implications, but political implications and moral
ones too. Has to do with the death of Brianna Taylor.
(01:06):
If you remember, Brianna Taylor was killed. She's a black
woman and the police raided her house. Wrong house. She
was totally innocent, and I think her boyfriend was killed
and so and it was it was really tough for sure,
and of course she was killed too. So here's what happened.
(01:30):
One of the cops that shot into the house didn't
hit anybody but just shot in the house, was charged
and now he has He was convicted, and the Trump
administration asked for this. It was a federal trial. The
Trump administration or the Department of Justice asked for one
(01:52):
day in jail, and he had already done a couple
of days when he was arrested or whatever amount of time,
so it'd be he would be given time served and
would walk out of the courthouse as a free person.
And so here's what's going on. He is white, she
is black, and the administration is in a world of
(02:14):
getting rid of DEI or any allegation of racial disparity,
as you know with all the issues of Harvard and
Columbia and corporations getting rid of affirmative action or DEI programs.
So this is in light of what was going on
with white police officers going after and inappropriately dealing with
(02:40):
minority defendant suspects, etc.
Speaker 2 (02:44):
And this all happened as a result.
Speaker 1 (02:46):
Of the murder of George Floyd in Minneapolis, and there
were all kinds of similar acts. So it became a
focal point this case too. I mean, the outrage about
her killing wrong person. She was innocent, so out and
the officer Bret Hackinson is white. So I mean that
(03:09):
is a perfect storm at that point for all kinds
of political consideration and outrage, et cetera. And we know
the Trump administration is in the middle of well getting
rid of any allegation of their civil rights violations and
that white people are getting nailed and should take responsibility
for anything that was ever done to minorities. And so
(03:32):
we know what's happening now. The doj asking for one
day in jail is I would say the word outrageous
for many people, and it is. I mean, this cop
should have gotten years and years in prison, and a
federal judge sendced him to three years in prison, and
(03:55):
a complete rebuke to the Trump administration basically saying, nope,
I'm not going to have you push for one day
in jail because of the politics around this thing. So
he went ahead and gave the police officer Brett Hackinson
(04:15):
three years for civil rights violation. You know, sometimes the
law and justice pre ms politics. Certainly does. All right,
let's go ahead and take a phone call. Hello, Albert,
you're up.
Speaker 3 (04:34):
Welcome, Hey Bill, my dad in and into a promissory
note with another gentleman about fifty thousand dollars to flip
a house and something that wrong there. So the guy says, well,
we're not doing that yet, so I'm gonna pay you
five hundred dollars a month or four hundred and fifty
dollars a month as interest on a fifty thousand dollars.
(04:55):
Then my dad got sick and passed away.
Speaker 1 (04:57):
In about forty days.
Speaker 3 (04:58):
This is in October twenty twenty two. I didn't know.
I knew about the agreement, of the agreement, what was happening,
but I didn't need find any paperwork until like three
months ago. Okay, my father's storage and fine.
Speaker 1 (05:09):
All right, tell me about the paperwork. Tell me about
the paperwork. What does this say.
Speaker 3 (05:14):
It's just a promissory note against his property, and it's
just it's notorized, but it was not recorded.
Speaker 1 (05:20):
Well, it does matter. Promissory notes don't have to be recorded.
If you're talking about secured by property. Those are deeds
of trust. Those have to be recorded. So that really
doesn't matter. Now the promissory note says.
Speaker 3 (05:33):
What on it that he's borrowing fifty thousand dollars for
the intention of purchasing another home to you rehab it
and flip it.
Speaker 1 (05:41):
Right, When when does the money have to be paid?
When does the money have to be paid back per
the note?
Speaker 3 (05:46):
Have you paid back in twenty twenty three, which it
didn't happen?
Speaker 4 (05:49):
Oh?
Speaker 1 (05:50):
Okay, to be paid back? Okay, it has to be
paid back in one year or a couple of years. Yeah, okay,
all right. And the borrower said that I'm only gonna
pay you five hundred dollars of interest, and that's to
your That's what he said to your dad or to you,
to my father. Okay, got it? Okay, So what you dad,
(06:11):
what you have is your dad's a state is owed
this much money, and your dad's estate can sue the
borrower because the assets flow down. Now did he have
a will?
Speaker 4 (06:27):
Yes?
Speaker 1 (06:27):
Okay, Oh, then you absolutely have the ability on behalf
of the estate to sue.
Speaker 3 (06:35):
Any real estate lawyer or any power.
Speaker 1 (06:37):
Well yeah, yeah, we're talking of fifty thousand dollars. I
mean promissory notes. You know, I wish when you're talking
about that much money, that a promissory note is written correctly,
even pulling it off of the internet. Things like prevailing
party gets attorney's fees, that sort of thing. So if
(06:58):
you win against him. For example, he is responsible for
all of your attorney's fees.
Speaker 2 (07:03):
At this point, he's not. All you can get is
the money that's owed.
Speaker 3 (07:08):
And so I realize that the fees, there's lawyer fees,
but you know, I mean if they get if the
trust gets thirty five thousands opposed zero, it's better.
Speaker 1 (07:15):
Yeah, okay, that's fair enough. I mean it's not a trust.
You said, it's a will, right, it's a trust. There's
a trust, okay, but you're the trustee. Yes, okay, it
doesn't matter. I just wanted to get the terms. Everybody
conflates the two. Yeah, sure you can go ahead and sue.
Hire a lawyer. Absolutely, I hire a trust and estate lawyer.
And even if it costs you, as you said, fifteen
(07:37):
thousand dollars, twenty thousand dollars. Uh, it's better to get
the money back. Now, does the other guy have the money?
Speaker 5 (07:46):
Yeah? I don't know.
Speaker 1 (07:47):
Yeah, if he's already pissed it away, there's not much
you can do about it, because you're gonna get your judgment,
you're gonna pay your lawyer, and there's no and there's
nothing there, right, So you get to do an asset
search does he have a good job, how old is he?
This is when you talk to lawyers and you say,
can we get the money, and they'll do an asset search,
(08:08):
they'll do whatever. And you also have to be careful
with lawyers saying, oh, yeah, you know, I'll do your
case and it's going to cost you fifteen thousand dollars
and we're going to get a judgment, which you probably will.
And in the end, the lawyer gets paid by you
up front and there's nothing on the back side. So
you know, asset search. Maybe you want to do your
own asset search, and there are people out there that
(08:30):
do exactly that. And it's not that much money because
everything's on the internet now, So give that a shot.
Speaker 2 (08:35):
I mean, that's tough. That really is case in point.
Speaker 1 (08:39):
It doesn't even with a note that puts prevailing party
gets attorney's fees if the other side doesn't have the money.
Speaker 2 (08:45):
I mean, there's nothing. There's not much you can do,
all right.
Speaker 1 (08:50):
You don't think you have bad breath fair enough, because
you never wake up in the morning and have morning breath,
do you, And you never drink coffee and so therefore
you never have coffee breath, and you never eat spicy food, garlic, onions,
chili or whatever, because you never have bad breath from food? Well,
(09:10):
guess what most of us do, and my guess is
you probably do too. So what do you do about it?
So you take a mint, You pop a mint in
your mouth and it's good for a hour or two
hours and you're done. Well, let me tell you about
Zelman's minty Mouth. This is different. Sure, it's a mint
part of it. It's a little capsule with parsley seed
oil in it. You pop two or three in your mouth,
(09:31):
You suck on the minty coating, and when that is
gone and your mouth is nice and fresh, you then
either bite into the capsule or you swallow the capsule
and it gets to work in your stomach because guess what,
the foods you eat go into your stomach and they
start churning around and your stomach does what it does,
and bad breath comes from there too, and no mint
(09:52):
ever will help out that situation. So right now, with
Zelmons fifteen percent off any order, just go to Zelmans
dot com use the code kf I z l m
I n S Zelmans dot com. The promo code is
KFI for fifteen percent off. This is Handle on the
(10:14):
Law KFI handle here Saturday morning. Our last hour phone
numbers still have lines available. Since this morning we had
fair number of lines that were open. I had great
phone calls too. Eight hundred five two zero one five
three four is number to call. Eight hundred five two
zero one five three four more phone calls. Welcome back
(10:37):
to Handle on the Law. Hi, Ded, you're up.
Speaker 6 (10:41):
Welcome Hello, Yeah, sure, I just need some some advice
about a situation that happened my mom. My mom deceased,
passed the way back in ninety said Danny. This is
one Me and my one sister eighteen and seventeen got
my dad for a child support for back pay, and
(11:03):
she passed away. So me and my dad, all three
of us went to the district attorney's office sign papers
and showed them her death certificate to stop payment on
child support. So we got third.
Speaker 1 (11:15):
We got uh wait a minute, hold on right, wait
wait wait wait, Uh your dad owed the child support
or your mom owed the child support my dad? Okay,
So the fact that your mom is uh, I guess
she was just handling the child support. Okay, fair enough,
So you show uh the DA that mom is gone,
and then what right?
Speaker 6 (11:37):
Then they still kept on for thirteen years from ninety
seven to twenty thirteen, still garnished my dad's pay, paychecks
and yearly taxes.
Speaker 1 (11:48):
Okay, at what point? At what?
Speaker 2 (11:51):
At what point did the kids turn eighteen?
Speaker 6 (11:55):
We were me and my sister were eighteen, and in
ninety seven, a year after my month passed.
Speaker 2 (12:00):
Okay, so you're in So that should have ended right there?
Speaker 1 (12:04):
When eighteen? And then how about there were three of you?
Speaker 4 (12:06):
Right?
Speaker 6 (12:08):
No, no, no, just me and my sister.
Speaker 1 (12:10):
Okay, So you're eighteen years old a year after the
child support order is written or issued? Uh, and the
DA is taking child support money or you're garnishing your dad.
But they should have garnered for one year until you
hit eighteen. How did you got How did whoever represents
(12:30):
your dad's a state? Or how did he let this
go for another thirteen years?
Speaker 6 (12:36):
How did the DA is what I'm senuating? So my
mom she she she got garnishment, got my dafter child
support from the past of rears.
Speaker 5 (12:46):
So what she did pass?
Speaker 6 (12:47):
How much I've seen an eighteen years old.
Speaker 1 (12:50):
Okay, got it?
Speaker 7 (12:51):
How much?
Speaker 6 (12:51):
About about undred thousand?
Speaker 1 (12:54):
Okay? Was that paid off?
Speaker 8 (12:57):
No?
Speaker 6 (12:57):
When my mom passed.
Speaker 1 (12:58):
No, okay, but you're already eighteen and he owed your mom,
get it, so the money should have gone to you guys. Okay, No,
should have gone to her for child support. I still
don't know how this went on for thirteen years. I
just don't get that right.
Speaker 6 (13:14):
She's deceased. We went to the DA shoulders that showed
them her death to forget. She passed away in ninety seven,
So from ninety seven to twenty to thirteen, they still
garnished his checks.
Speaker 1 (13:24):
Yeah, but you're you know, it's still there. Were you
getting any child support from them? Your mom wasn't getting
child support, You were getting no child support and they
were still garnishing wages and not giving it to you.
Speaker 6 (13:35):
Correctnish your wage from a dead Yes, but my mom.
Speaker 2 (13:38):
Said, okay, were any of you on state aid?
Speaker 6 (13:42):
Nothing? Nothing?
Speaker 1 (13:43):
Nothing? All right? What's your all right? So what's your question?
Speaker 6 (13:46):
We were now thirty thirty, thirty one, thirty two years
old already, and they're still garnishing his checks. Knowing that
we went to the DA was.
Speaker 1 (13:53):
Still and he's still around. He's still there, yes, and
he's working, listening to you right now, and he's working
how old is he?
Speaker 6 (14:02):
Yes, he's going to be sixty eight in January.
Speaker 1 (14:05):
Uh, and why hasn't he gone in and stopped the support?
What a whole bunch of years before.
Speaker 6 (14:13):
He doesn't know the avenues to call.
Speaker 1 (14:16):
Okay, yeah, all right, that doesn't matter, that doesn't matter. Okay,
he's going to need an attorney, clearly, because we're talking
about a lot of money.
Speaker 2 (14:25):
Here that was taken by the DA and went no place.
Speaker 1 (14:29):
So yeah, you have to get an attorney who uh
deals with child support and that would be a family
law attorney probably, and there's there's no way around this one. Yeah, attorney.
Speaker 6 (14:43):
He has a letter stating from the DA that they
stopped the payment in twenty thirteen for a fraud something
something internally happened with fraud. So he has that letter
in hand.
Speaker 2 (14:53):
All right, so that helps, But they kept on going.
Speaker 1 (14:56):
What you said that they're still wait sec they up
the payment in twenty thirteen. Yet here we are twelve
years later, and you say they're still garnishing his wages.
Speaker 6 (15:08):
No, sir, nope, no, no, no, I stopped in thirteenth thirteen, fourteenth,
that's all.
Speaker 1 (15:12):
Oh, okay, you may have a big statute issue. I
mean a big one family law attorney, No question about that. Wow,
that is h Yeah, that's a little tough. Oh, okay, James,
Hello James.
Speaker 9 (15:29):
Yes, sir, I lent somebody some money back in twenty
eleven and he hasn't paid me back. It's ten thousand
dollars and he's now surfaced in Canada. He is a
Canadian citizen. How do I go about trying to collect?
Speaker 1 (15:47):
Well, the problem is you're fourteen fifteen years later. Yeah,
I mean that's the problem. Have you been looking for
him for fourteen years?
Speaker 9 (15:59):
Yes, we were working together in Abu Dhabi.
Speaker 7 (16:01):
He was.
Speaker 1 (16:02):
I don't care about that. Have you been looking for it? No?
Have you been looking for him since he made his
last payment?
Speaker 9 (16:09):
He never made a payment. He disappeared into China, then
into India and then into Azerbay.
Speaker 1 (16:15):
John, Okay, Well then you may have okay, lost all right,
fair enough, all right, So you may have an all right,
so the statute may toll on that one.
Speaker 2 (16:21):
Yeah, And how much money does you loan him?
Speaker 4 (16:24):
Ten?
Speaker 1 (16:26):
Ten thousand? All you said that, I'm assuming there was
a promisory note.
Speaker 10 (16:31):
Yes there was?
Speaker 1 (16:32):
And when are you supposed to pay you back?
Speaker 9 (16:36):
He was supposed to pay back in sixty to ninety days.
Speaker 1 (16:39):
Okay, And it says that right on the note. Yes, okay, Yeah,
you file lawsuit. Probably file lawsuit in small claims court
in California. Is that where you loaned him the money?
Speaker 9 (16:54):
No, I loaned him the money in Abu.
Speaker 1 (16:56):
Dhabi, Abu Dhabi. Now a small claims court gonna work
on this boy. You got me because here's where you're
allowed to sue in small claims court. Where he lives,
where you live or where the contract took place, and
small claims court. Will they let you serve him in Canada?
Speaker 4 (17:19):
Yeah?
Speaker 1 (17:19):
The question here is service and do you get a
Canadian attorney? Is it worth it? Probably not?
Speaker 2 (17:27):
Yeah, this is a tough one. It is a tough one.
Speaker 1 (17:31):
I would just beat him up, you know, I would
just hire someone in Canada. Just beat him up. I
mean that's just the you know. Also, you're gonna get
a third back, you know Canada. You know he owes
you ten thousand, right, he actually he owes you thirteen
thousand dollars. I mean, you know the exchange rate. Yeah,
it's I would talk to both the Canadian attorney. Small
(17:52):
claims you gotta find out if he can be served.
And that's basically it. Now, if you're a business person,
I'm gonna suggest you look at NetSuite. Net Suite is
a cloud business management system. It's program, it's a dashboard,
and if your business isn't using AI, you're losing money,
(18:13):
probably your productivity competitive edge because your competitors are certainly
using it. And what net suite does is help you
control your costs, increase efficiency so you know immediately where
you are and you can do some serious forecasting. And
it's the number one management system out there, bringing accounting
and financial management inventory HR into one dashboard, one efficient
(18:39):
business suite. And if you do two million dollars or more,
let me suggest absolutely visit NetSuite and NetSuite. First of all,
the download is free. You'll find out whether it can
help you or not. And they're offering the free cfo's guide,
a guide AI machine learning. It's fast, it's easy, it's free,
and you'll see if sweet works for you. So go
(19:01):
to NetSuite dot com, slash handle net suitet as in
a hotel suite, NetSuite dot com slash handle handle as
in handle NetSuite dot com slash handle. This is Handle
on the Law.
Speaker 7 (19:17):
You're listening to Bill Handle on demand from kf I
AM six forty.
Speaker 1 (19:24):
Yeah, Fie Handle here Saturday morning, last half hour the
show and uh so so I roomed four calls eight
hundred five two zero one five three four And at
the end of the show, I'll continue with phone calls
off the air and I'll tell you about that a
little later on eight hundred five to two zero one
five three four. Back we go. More Handle on the Law,
(19:47):
marginal legal advice. All right, chat, hello, chat.
Speaker 5 (19:52):
Okay, I read Claire. It's a good idea to have
a trust and a will. Yeah.
Speaker 1 (19:57):
Well, usually trust they're usually will's are connected to trust.
They're called rollover trust.
Speaker 10 (20:03):
Uh.
Speaker 1 (20:03):
And what's ever in the trust? Yeah, whatever in the
trust goes pursue it to the trust, and then whatever's
left there's a will for it.
Speaker 3 (20:09):
Uh.
Speaker 5 (20:10):
It's just it's you'll have to go through probate, yes, okay,
but if it's only a trust, they don't have to
go through probate.
Speaker 1 (20:18):
That's correct. But you have to transfer your property into
the trust. The trust has to own the property in
order to be distributed by the trust. So let's say
there's a house. Okay, and what do you do? Let
me ask you this, what do you do with the
dining room table? You put that in the trust? I
guess that's why their wills.
Speaker 5 (20:42):
Oh, that's why you have a will.
Speaker 1 (20:43):
Yeah, so how much? Let me ask you this, Chet,
how much money are we talking about? He put it
all together about two million. Then you go to uh,
you go to a trust in a state lawyer, Chet
for two million dollars. You don't listen to me for
two million dollars. I don't listen to me. Oh okay, okay,
(21:04):
because I have a trust that I have a trust
that doesn't come near that number. And believe me, I
went to a lawyer who doesn't go on the radio
and give marginal legal advice. Two million bucks is certainly
enough to pay a trust in a state lawyer. You'll
pay several thousand dollars for that. But yet you have
to you can't screw around with money, make that okay.
(21:24):
I get these all the time. You know, I've had
them for you know, someone's called up, oh Bill, and
you know I'm thinking of doing internet will. What do
you think? Are they pretty good? And I go, yeah,
they're pretty good. They're not bad and so. But they're
only for simple It's a simple will, which means, let's
say you own a house, right, or you own some
(21:46):
property and it or you have some assets and it
goes in the will. And I said, so, let's talk
about your estate property in four different estates twenty million dollars.
I go, and you're asking me what you should do
in terms of your assets. Give me a break, Chris, Hello, Chris, welcome.
Speaker 7 (22:10):
Hey, how are you hey? Long term disability case? Okay,
I was diagnosed with paint cared cancer last June to
last year, right, so I did my short term. I
tried to plaque my long term. Of course, I got
denied on a private long term disability through my work
and I'd only worked for the company for a month.
(22:30):
So they're going back to see if I had a
pre existing condition, which from all the chords I didn't.
I asked the doctor did it? As Affidavid wrote the denial, writing,
I think I'll win that The problem is the insurance company.
Do I have a case that they tried to use
records outside of the look back PID to see if
I had to diagnosis. They used a full year when
(22:51):
they weren't allowed to use ninety days of records.
Speaker 1 (22:53):
Yeah, yeah, do you have a chair?
Speaker 2 (22:54):
Probably not?
Speaker 1 (22:55):
Probably not. And especially if.
Speaker 8 (22:58):
They found denial itself.
Speaker 1 (23:01):
Well, the denial is if they can, they can deny
and you just don't hold on, Chris, what believe me?
That happens all the time when they know they don't
have a case, because they're gonna argue, we thought we
did have a case. And so what that always happens?
Insurance companies deny all the time. And if every time
an insurance company denied and they and they lost, what
(23:23):
are you gonna do? Sue them for denying? Does that
mean that automatically they have to pay every claim because
if they deny, they get sued.
Speaker 7 (23:37):
Well, you know in this case, they're they're judging jury.
Speaker 8 (23:40):
They make their own rules.
Speaker 1 (23:41):
That is what insurance company, Chris, that's what they that's
what they do, Chris, That is exactly what insurance companies do.
Speaker 2 (23:51):
They are the judge and they are the jury.
Speaker 1 (23:54):
You get into a car accident, you're going against insurance company.
They decide they will pay or they won't pay, and
if you don't like it, you sue them.
Speaker 2 (24:04):
And that's exactly the case here.
Speaker 1 (24:07):
You can't sue.
Speaker 7 (24:08):
Denying win in the long term case.
Speaker 1 (24:10):
Then you got it. Then what's your question.
Speaker 9 (24:12):
That I'm trying?
Speaker 7 (24:15):
Can I go after him for looking at records outside
the periods?
Speaker 1 (24:18):
Yeah? Probably not? Yeah, probably not. How are you damaged
by that?
Speaker 5 (24:25):
Yeah?
Speaker 2 (24:27):
I mean, well how do you how do you prove that?
How do you prove it delayed your claim.
Speaker 8 (24:34):
Because they took that time reviewing.
Speaker 1 (24:37):
Okay, And so here's what they do, Chris. Right, So
all right, So Chris, they bring in they bring in
two hundred cases just like yours that they denied. Yeah,
all right, So no, I don't think there's anything there.
I really don't. You're gonna win it. You're gonna win it.
It happens all the time. Of course they deny insurance companies,
(24:57):
not like crazy. It's like their job to deny. Wow,
it's bad faith. No, it's not their job is Let
me put it this a way. Where is their duty
to their shareholder? Now? Statutorially, it's to the insured, right,
it's to pay out when there's liability and to be
(25:18):
to do it in good faith. But give me a break. Now,
let's talk reality here, Martin, Hi, Martin, welcome.
Speaker 4 (25:27):
Hello, Hello Bill, Yes, my ex wife and son and
his aunt drove to Las Vegas. My ex owns a
piece of property there, so she goes there periodically. They
went in a twenty seventeenth suburban with fourteen thousand miles
and the air conditioner blew up, and they took it
to a place in Las Vegas and they said that well,
(25:49):
you need you need a compressor, you need this. And
when by the end of the day they had it,
it was a Saturday and they wanted to get the
car out before Sunday, and so they said, well, we
don't have one of the parts. So they my son
took the car back put it in her garage and
it stayed there for a week. They had an open
invoice on it for fourteen hundred dollars, and they promised
(26:11):
me that they would not charge the card, so that
particular card. When I got the bill that charge, that
card was charged fourteen hundred dollars. Then we brought it
back the next week and they finished the job and
they said, oh, by the way, you need an alternator.
They put an alternator on. Long story short, the whole
(26:31):
bill was twenty one hundred dollars in addition to the
fourteen hundred dollars that they that they said that they
that they would not charge, so all together with a
thirty six hundred dollars bill. So I just feel like
I was ripped off.
Speaker 1 (26:46):
Yeah, you probably were, all right, So you're going to
dispute it, right.
Speaker 4 (26:51):
I'm gonna dispute the first charge, but not the second.
Speaker 1 (26:54):
Well except, I mean, you can dispute whatever you want.
This is well, here's the recourse. Okay, you dispute you
did it, and the and the credit card company goes
ahead and puts the money back, doesn't take it whatever,
and you're done because the car repair shop hasn't gotten
the money and you're not out anything. Now what happens
(27:14):
during a dispute. You dispute, You explain why you're disputing it.
The credit card company then goes to the provider, as in,
goes to that repair shop, and the repair shop will say, yes,
we did it, yes we performed, yes we did everything,
and the credit card company is going to say to you,
too bad.
Speaker 2 (27:35):
They, to our satisfaction, said they did the work.
Speaker 1 (27:38):
Now you have shown the fourteen hundred dollars bill that
says only fourteen hundred dollars you didn't.
Speaker 2 (27:45):
Okay, the rest of it. Correct.
Speaker 4 (27:48):
I didn't okay, I didn't. Okay, the first charge I
thought it was going to be an open charge and
that the additional charges would be would be fourth when
the car was finished, when we brought it back.
Speaker 1 (28:02):
All right, So let me ask you, okay, So I
got it. Okay. So that's going to be your argument
with dispute. I think you're probably gonna lose the dispute.
Then you turn around, you sue these guys. That's all,
you know, whatever, you're out beyond.
Speaker 4 (28:19):
Bad insult to injury. They put an alternator on the
car that the car did not need.
Speaker 1 (28:23):
It doesn't matter. That's part of your lawsuit.
Speaker 2 (28:26):
That's part of your lawsuit.
Speaker 1 (28:28):
Okay, that's uh. You argue that.
Speaker 2 (28:30):
And then the trick is you live where in southern California?
Speaker 4 (28:35):
Yeah, I'm in Van Eysenas.
Speaker 2 (28:38):
All right now, I understand.
Speaker 1 (28:39):
So you sue in file here in small claims court,
you serve them in Las Vegas, and then the only
issue becomes there's a court except out of state service,
and that's always a drag. Other than that, I think
you sue them in Las Vegas in small claims court,
so you get to go up there and argue the case.
Based on what you say, you probably have a win there.
(29:01):
But yeah, you never know, you know, the guy comes up,
Yes he needed it, Yes we had to do it. Yes, Okay. Hey,
we are short phone calls first time today. So if
you would like to make a phone call, if you'd
like a question answered, the number is eight hundred five
two zero one five three four. Eight hundred five two
(29:22):
zero one five three four. We still have fifteen minutes
left till the end of the show and then I'll
continue with phone calls. But right now we're free and clear.
Tons of lines open. Eight hundred five two zero one
five three four. This is Handle on the Law Tam
buys Handle here. It's the last segment of the show.
(29:43):
But I'm still continuing on with phone calls.
Speaker 2 (29:45):
Off the air after the show.
Speaker 1 (29:48):
So you'll if you're on, if you're waiting, just hang
on because I'll grab you anyway. All good questions will
be answered and the number will be and still is
eight hundred five two zero one five three four, So
you can call right now, and if you're on hold,
don't sweat it. I absolutely will get to you. Welcome
back to Handle on the Law. Marginal legal addvice. Gary. Hello, Gary,
(30:12):
you're up.
Speaker 10 (30:14):
Yes, I had a tenant, I had the victim, and
I got a judgment for attaching wages, and it turned
out that somebody else had already attached it the wages,
so I have not collected yet. I wondered if there
was a statue of limitations on the judgment.
Speaker 2 (30:36):
Yeah, there is, but you're going to be very happy
about this.
Speaker 1 (30:39):
It's ten years and you can reaffirm it for another
ten years. So just filling out the paperwork. You got
twenty years on a judgment.
Speaker 5 (30:52):
Okay, okay, now all right now here.
Speaker 2 (30:55):
That was the good news. Now let me give it
the other side.
Speaker 1 (30:58):
If there is already a garnishment on this guy's wages,
then you're dealing with a professional flake. Now the good
news is you simply check in every once in a
while and you do an attachment and you try your
garnish wages and they say nope, it's already been taken
(31:19):
care of, and just kept on doing it. You get
twenty years, and interest also flies on that, so by
the end of that period you'll be owed a zillion dollars.
How much does the former tenant owe you nin whoa,
and so yeah, that's bunny. Yeah, I mean that's building
(31:39):
up at interest rate. I think it's five percent or
seven percent. Yeah, figure that one out. So hopefully you'll
be able to hopefully you'll be able to collect, which
probably you won't because these are professional flakes. David, Hello, David, welcome,
Oh Bill, big fans, thank you for taking my call.
Speaker 8 (32:00):
Sixty nine years old. Back in March, I quit peeing.
I went to the emergency room. And I never had
a catheter before. I didn't know what to expect. The
most painful thing everywhere through in my life turned down.
It was asserted it wrong.
Speaker 5 (32:15):
What's that? Oh?
Speaker 7 (32:15):
My god?
Speaker 1 (32:18):
Wait, what do you mean as it wrong?
Speaker 8 (32:20):
The wrong side, the wrong Oh they inserted it and
they used the wrong foldy and they answered the balloon
which was supposed to be in the in the bladder,
they blew it up inside my euretha and.
Speaker 5 (32:32):
Inside my prostate.
Speaker 1 (32:34):
OK, all right, so what kind of Let me ask
you them what happened as a result of that?
Speaker 8 (32:40):
Five months later, I had a nine hour surgery. A
couple of weeks ago. Doctor said it was the worst
eureka scar tiss ever seen. And and but here's the thing.
I went back six times to this hospital and they
did it six times to me. It took three guys
to hold me down with with with morphine and everything
(33:03):
that's didn't work.
Speaker 1 (33:03):
I literally was screaming, okay, got it all right, so
be some way. You say, you've got a good malpractice case,
all right now the t Now the question is and
you've had surgeries. I mean it's god awful now. Uh,
hopefully for you for the value of the case. This
is permanent damage. Hopefully your penis and your scrot just
fall off and you end up with a really good case. Uh.
(33:28):
But you have to talk to a medical Uh. You
have talked to a medical malpractice attorney. There's no question
about that. Uh, there is.
Speaker 2 (33:36):
Based on what you said, there's pretty good damage there.
Speaker 1 (33:38):
And you go to handle on the law dot com
and they'll refer you to a good malpractice attorney even though.
Speaker 6 (33:44):
They probably did, but everyone's afraid to seem to go
after this.
Speaker 1 (33:49):
Isn't that weird? Is that you went you went to wait,
you went to handle on the law dot com. Yes,
and you couldn't get a referral Mark down there.
Speaker 8 (33:58):
Yeah, Mark is great here at great to somebody.
Speaker 1 (34:01):
And he he referred you, which they do and yeah,
and he and the guy couldn't help you.
Speaker 8 (34:07):
It turns out everyone's afraid because there's.
Speaker 1 (34:10):
A limit you can get y y. Yeah, it's two
hundred fifty thousand dollars. But still that's pretty good. Call
Mark back and say, is there anybody else out there
that you are referral to?
Speaker 8 (34:23):
Okay, I really appreciate it.
Speaker 1 (34:25):
Thing, Yeah, no problem. Yeah, that sounds pretty that sounds
pretty outrageous. I remember a phone call where I had
a ninety year old man call me, uh, and he
couldn't pee anymore and he wanted to know does he
have a case because he went to the urologist and
the eurologist said, you know how old are you and
he said, I'm ninety and I can't pee. And the
(34:46):
doctor said, ah, you've peed long enough. Okay, that is
a very bad joke, by the way, very bad joke. Also,
catheters are no fun. I mean they are no fun.
I had a medical seizure where the catheter was put
in me and they did it right, and I'd asked,
I asked my doctor who ordered it, is this going
(35:09):
to hurt? And he goes, nah, it'll just be uncomfortable.
I was screaming at the top of my lungs, and
I next time I saw him, I started yelling at him.
I've known him for years and years, and I said,
how in God's name can you tell me this was
uncomfortable when it was the most painful things I've ever
(35:30):
I've ever felt. And he looked at me and smiled,
and he goes. I lied, No, I find it easier
to tell people it's uncomfortable that way, they're not frightened beforehand.
You lied to me. Yeah, I basically lied. Oh thank you, Cheryl.
Hello Cheryl, Cheryl?
Speaker 5 (35:50):
Are you there?
Speaker 6 (35:51):
In listening to you?
Speaker 1 (35:53):
I received a census questionnaire in the middle and I
don't want to fill it out?
Speaker 4 (36:01):
Do I have to? Yeah?
Speaker 1 (36:03):
The law says yeah, The law says you have to.
I mean, you know a lot of people don't. Do
you have to fill it out? Yes?
Speaker 2 (36:09):
If you don't, what ends up happening. How old are you, Cheryl?
Speaker 6 (36:14):
I'm old?
Speaker 1 (36:15):
Well, okay, give me an age. Give me a number.
Speaker 4 (36:19):
Older than you.
Speaker 1 (36:20):
Oh God, you're making it so easy, aren't you.
Speaker 5 (36:24):
All right?
Speaker 1 (36:26):
Sorry?
Speaker 2 (36:27):
Eighty six seventy Oh wow, that's not old.
Speaker 1 (36:33):
I mean you sound old. But that's not old, Cheryl.
Speaker 5 (36:37):
Yeah.
Speaker 1 (36:37):
Anyways, they're not gonna they're not gonna do anything to
you if you don't if you don't fill out the census,
but the law says, interestingly enough, the law said you
have to fill it out. Interestingly enough. All right, let
me talk about pain. I just gave you a little
story about my pain, but it's not chronic pain. I mean,
(36:58):
it just hurt for a small amount of time. But
if you live in chronic pain, which is all the time,
or you know someone who does, let me suggest you
listen to The Pain Game podcasts. And the guests on
the podcast have lived with, have dealt with, have treated
people living in pain, and also have lost people to pain.
(37:19):
The host, Lindsey Soprano, deals with her chronic pain twenty
four to seven and does it heroically and she helps
people deal with their pain.
Speaker 2 (37:28):
That's why she does this.
Speaker 1 (37:30):
Every episode ends with a message of hope, and you'll
understand the show is about truly giving pain purpose. I
know that sounds weird and counterintuitive, but once you listen,
you'll understand what I'm talking about. Listen to the show.
Wherever you listen to podcasts, it's the Pain Game Podcast.
That's the Pain Game Podcast on social It's at the
(37:53):
Pain Game Podcast. Season three is now going on. It's
the Pain Game Podcast. Also, as I finished the show,
I'm going to continue on off the air answering questions.
So if you are on hold, just they put, I
will get to you and you can still call in
and I'll be doing this for a few minutes. You
(38:15):
can call eight hundred five two zero one five three four.
Eight hundred five two zero one five three four and
even if lines are full, just wait a few minutes
because there are no breaks, no commercials, no weather, no traffic,
no patience on my part. As you know as you
listen to the show, eight hundred five two zero one
(38:39):
five three four. Coming up rich tomorrow with a tech show,
and then this afternoon two to five Neil Savager with
a Fok Report. Neil one of my best buddies who
is a matter of fact, he's my best man in
my wedding, and he's on from two to five with
the Foodie Show, and he's with me Monday through Friday.
This is Handle on the Law. You've been listening to
(39:03):
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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