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):
Welcome to Handle on the law marginal legal advice where
I tell you you have absolutely no case. This is
a case that I shake my head and I go, really, So,
President Trump is attacking the fourteenth Amendment straight on. One
of the aspects of the fourteenth Amendment has to do
(00:31):
with someone born in the United States is a citizen
of the United States. The language is perfectly clear, and
what the President is attacking is what is called birthright citizenship.
Speaker 3 (00:45):
And what that says.
Speaker 2 (00:47):
If someone is born here of parents who are illegal,
then that person born is not a citizen of the
United States. That's not unusual. Many many countries do not
allow birthright citizenship, where if you have people that are
in that country illegally, kids born to those people, I
(01:07):
just don't have the citizenship. As a matter of fact,
I don't even think there are legal residents. And there
are some countries that do allow birthright citizenship. Now, the
one exception in the United States, just as a quick
one here, is that children born of diplomats in the
United States are not US citizens even though they're born
(01:28):
in the United States. Let's say they're born at a
local hospital outside of the embassy. They're not citizens. Now
the rest of the world is. And so what he's
doing is the attacking the fourteenth Amendment. And normally people
would go, come on, give me a break. You know,
there it is in the constitution. Well, President Trump filed
(01:53):
the lawsuit and the US Supreme Court is willing to
hear it, which in and of itself is monumental. And
what he did is he called this a monumental victory.
Speaker 3 (02:08):
And it's true.
Speaker 2 (02:11):
It is absolutely true. Two federal judges block the order
on different grounds taking away the birthright citizenship. And Trump
is asking the justices and the Supreme Court for a
definitive judgment on the reinterpretation of this legal precedent. And
(02:34):
I don't get it, and most constitutional scholars don't get it.
Speaker 3 (02:42):
Where are they going to go with that?
Speaker 2 (02:45):
So the Amendment was ratified after the Civil War and
says this has to do with deally, with slavery and
African Americans.
Speaker 3 (02:54):
The amendment says.
Speaker 2 (02:55):
All persons born or naturalized in the United States I
happen to be naturalized and subject to the jurisdiction thereof
which basically we're all under the jurisdiction illegal. It doesn't
matter are citizens of the United States and the state
wherein they reside. On his first day in office, Trump
(03:18):
signed an executive order declaring that only newborns whose parents
have permanent legal status are subject to the jurisdiction of
the United States ineligible to be citizen. Estimated about what
two hundred and fifty thousand kids born every year on
US soil to one or more parents without citizenship or
(03:39):
permanent legal status. Remail legal aliens, if you will. That's
I don't know where's the court going to go on
this one. I mean, they're giving the president a lot
of power, but on this one, I just don't get it.
Speaker 3 (03:54):
All right, let's take some phone calls. Thomas, Hello, Thomas, welcome.
Speaker 4 (04:00):
Hello Bill. Yes, my mom, my eighty six year old
mom has a revocable family trust that hasn't been amended
in twenty years. She asked me to do so, and
I did an amendment. My question is, do I need
to rewrite the original document itself?
Speaker 2 (04:17):
No, you're just doing you do an amendment now, they
usually do rewrite the document. I would because every time
I've done an amended trust, it is a whole new document.
It's just a better idea. How much money are we
talking about, Thomas.
Speaker 4 (04:31):
Oh, about three or four million?
Speaker 2 (04:34):
Yeah, and you get yourself one of the best trusts
in the state attorneys out there, who rewrites the entire trust.
Speaker 3 (04:42):
With any changes in there.
Speaker 2 (04:44):
When you're talking about that much money, Thomas, you know
you have a pro doing it.
Speaker 3 (04:48):
For example, let me put it this way.
Speaker 2 (04:50):
You cut your finger and it needs a band aid,
you put a band aid on if the fingers about
the about to be amputated.
Speaker 3 (04:57):
Do you do it yourself? You do not? So no, Yeah,
you get you get a top notch attorney for that one.
Speaker 2 (05:05):
When you're talking that much money, and it shouldn't be
very much, couple thousand dollars maybe, when you're talking about
that much money, for God's sake, Thomas, are you going
to get more or less money under the new trust?
Speaker 5 (05:18):
Less?
Speaker 4 (05:18):
Actually?
Speaker 2 (05:19):
Oh, then don't do it. Then don't do it. Then
you want to keep the old trust? Yeah, just let tell.
Speaker 4 (05:23):
Her quote division of the property to put an equal division.
Speaker 2 (05:26):
But all right, so if you're going to get less Thomas,
here's my legal advice.
Speaker 3 (05:30):
You tell her that.
Speaker 2 (05:31):
You've changed it, and you don't and then you wait
for her to die. You're not gonna get the original amount.
Speaker 4 (05:37):
I can't do that.
Speaker 3 (05:37):
Well, see there you go.
Speaker 2 (05:39):
You know you don't pay attention to my legal advice.
What can I tell you? You call and you don't pay attention. Hi, Michael,
welcome to handle on the law.
Speaker 5 (05:51):
Yes, hey, the problem I have is that who's responsible.
You have a parked car and somebody hits it is
the owner, response the insurance company. The insurance company have
not made me whole.
Speaker 6 (06:02):
That's my problem.
Speaker 2 (06:03):
Are you sue the then you just here? It is
the owner of the car. Whoever hit you is responsible.
The insurance company is. They can do whatever they want.
They can pay you, they cannot pay you. They can
offer you half the value. It doesn't matter. If you're
not happy with what they offer you. You just sue
the guy who hit you.
Speaker 3 (06:22):
That's all. Just sue him and for the fact guy
to hit the repair. I'm sorry, Yes, that's what I do.
Speaker 5 (06:29):
I'll sue the guy to hit me.
Speaker 3 (06:30):
Yeah, how much? Let me ask you how much damage
to the car?
Speaker 5 (06:34):
Maybe fourteen sixteen hundred.
Speaker 3 (06:36):
Okay, and how much the insurance company offering you.
Speaker 5 (06:39):
They an't offer me anything. That was that's what I'm saying.
They did an estimate, but they didn't send a check
or nothing.
Speaker 2 (06:44):
And then tell you know what, here's the easiest way
of doing how long has it been twenty second of this?
Speaker 3 (06:49):
All right? So you call the guy up.
Speaker 2 (06:51):
It's his insurance company that's not paying you, right, and
he has insurance correct?
Speaker 6 (06:56):
Correct?
Speaker 3 (06:56):
Okay.
Speaker 2 (06:57):
I would give him a buzz and say, hey, your
insurance company is screwing you. They won't even talk to
me about repairing my car. You hit a part car.
Clearly you're at fault.
Speaker 3 (07:07):
Does he admit he's at fault?
Speaker 5 (07:10):
Yeah, he admits, just take responsibility.
Speaker 3 (07:12):
Okay, well that's different.
Speaker 2 (07:13):
He will take responsibility if you get a judgment against him.
So you take him the small claims court, assuming you
have the information, assuming you got his address, et cetera,
which you should.
Speaker 3 (07:22):
Have had when you exchange him for you. Okay, good,
good for you? See everything right?
Speaker 2 (07:26):
You assume small claims court and you I'd call him
up and go, hey, here are your choices. I take
you to small claims court. I get a judgment against you,
and then I start collecting or call your insurance company.
You've paid for insurance and you go Hey, guys, I've
paid these policies, right, Michael, a check for God's sake.
(07:48):
That's where you want to go first, is get the
guy who hits you on your side, because if he
is on your side, what ends up happening. He's really
on his side because his insurance companies screwing him as
much as screwing you.
Speaker 6 (08:02):
That's okay, I see, Yeah.
Speaker 3 (08:04):
That's where you go with that. That's easy. This is
Handle on the Law.
Speaker 1 (08:11):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 2 (08:18):
This is Handle on the Law, Marginal legal Advice.
Speaker 3 (08:25):
Jason. Welcome to Handle on the Law.
Speaker 7 (08:28):
Thank you, Bill. Yes, I have three scandalous brothers that
are mom Andy.
Speaker 2 (08:34):
By the way, just really quickly. I've never heard that
term before. I've got three scandalous brothers. I love. Yeah, no, no, no,
I'm going to scandalous brothers. I love that phrase. I'm
co opting it. I'm going to use it, and I'm
not going to give you the credit for I'll tell
you right now.
Speaker 3 (08:50):
Okay, So you have three scandalous brothers, go ahead.
Speaker 7 (08:53):
Yes, And my parents have passed away since, but when
they were alive, they told me you have an inheritance,
don't Your brothers are going to split it with you evenly?
And now my brothers are saying, I get nothing. What
can I do?
Speaker 3 (09:07):
Okay? All right? It happens a couple of questions.
Speaker 2 (09:11):
First of all, it was a will or a trust?
Speaker 7 (09:15):
I thought they said they had both a will and
the trust, but I don't, okay.
Speaker 3 (09:18):
Fair enough?
Speaker 2 (09:18):
How much money are you talking about?
Speaker 7 (09:23):
Maybe a couple of hundred thousand dollars.
Speaker 2 (09:25):
Okay, So now there's enough money in there to make
it worthwhile. The fact that they won't tell you that
you are in or out of the trust, that they
won't show you the document, that's a problem.
Speaker 3 (09:40):
When did your parents die?
Speaker 7 (09:43):
Well, I'm going to say my mom died six months
ago and my dad died like a year ago.
Speaker 3 (09:47):
All right, so it's fairly early.
Speaker 2 (09:50):
Have you asked both of your brothers who is You
don't have a copy of the will? Do you? No?
Speaker 3 (09:57):
I don't, okay, or a copy of the trust? Okay?
So you ask your brothers. I want to see the document.
Speaker 2 (10:02):
Mom and Dad told me that I'm a beneficiary as
well as you. The fact that you won't show it
to me is a real problem. This smells to high heaven.
I mean, I would put that in a document, and
you may even pay for a lawyer to do that,
and say, if you don't show me that document, I'm
going to take you to court and you're going to
be held responsible for it. You're going to pay the
legal fees. If you have a lawyer rite that, it'll
(10:25):
cost a few hundred bucks. But if you have a
lawyer rite that, man, it should wake someone up. Are
your brothers the kind of people that would just blow
it off and allow a lawsuit to go forward?
Speaker 3 (10:38):
To show the documents?
Speaker 7 (10:40):
At this point, I'm not sure what they're okay.
Speaker 2 (10:43):
Well, they're in breach if they don't show it to you.
They're in breach of their fiduciary duty. Whoever is handling
it is in breach of fiduciary duty. That's no small deal.
There are a lot of sanctions that go on on
that one. So what I would do is talk to
a trust and a state lawyer, just get that first
letter going and scare the crap out of them, and
(11:03):
if there's something going on that's not right, if they
won't show it to you or and or distribute it
pursuant to the terms of the will. Now you also
want to find out if it's a will, Jason. As
I've told people before, it has to be probated, which
means someone has to the executor has to go into
(11:23):
court to open up the probate to allow the assets
to be transferred to the beneficiaries of that probate. And
so that's a public document. That is you know where
your parents died. Clearly who died first, Okay, so your
mom is the one that inherited, so when she died,
(11:45):
although I would do it with both when she died,
and that was what six months ago, Yes, okay, probably
there's been a probate already opened.
Speaker 3 (11:54):
You go into the county.
Speaker 2 (11:55):
Records and it'll be listed there in ray the state
of and then your mom's name, and see if that exists.
And if it doesn't, it hasn't been it hasn't been
opened yet. And if it hasn't been opened yet, I
mean there could be a reason why it hasn't been
opened yet. One of them is that the executor is
accumulating the information. You know, what creditors are there, what
(12:19):
taxes are owed. I have to investigate how much money
mom owed and with the estate. Oh, that's legitimate, but
they should tell you what's going on. That's the part
that is a real issue. I mean again, if they
if whoever is handling it doesn't tell you. They can
be as scandalous all they want, but they've got to. Now,
(12:41):
theoretically they don't have to if you have been disinherited.
If you've been disinherited, they will, then they have no duty.
But why wouldn't they tell you that you've been disinherited
and show you the document? Right Because because what's happening
now is it's a virtual guarantee that you're going to
(13:04):
take legal action against them. Why would they do that
if you've been disinherited, So they wouldn't. I would talk
to a trust and a state lawyer just to get
that first letter going, especially when you're talking about two
hundred thousand or half a million dollars or whatever it is.
Speaker 3 (13:21):
Judy, Hi, Judy, good morning to you. Yes, ma'am. What
can I do for you?
Speaker 8 (13:26):
I would love to get your opinion about this. My
daughter recently had a trigger finger and she had surgery
on it. Ultimately, within the couple of first day or so,
it was turning very purple, and she went to the er.
They told her it needs more circulation. They gave her
heat to put on it. She was totally numb. They
(13:48):
told her when she goes home, use heat. She did.
She ended up with a third to fourth degree burn,
which ultimately went into the bone of her finger. And
is partial amputation does she have? Should she pursue it?
Speaker 3 (14:05):
Yes?
Speaker 8 (14:06):
Malpractice?
Speaker 3 (14:07):
Yes?
Speaker 8 (14:08):
Yes, absolutely, very difficult to prove.
Speaker 2 (14:12):
Not necessarily No, No, I don't think it's that difficult
to prove. If she was told to put heat on it,
I would think that there's should If I'm assuming, did
they know that her finger was numb?
Speaker 3 (14:27):
Is that part of the EU? Okay, Yeah, I think
there's I think there's a yeah, I believe that. Yeah.
Speaker 2 (14:34):
I think there's a case there. Now, I think there's
a medical malpractice case there that. So here's what I
would do. The next step is go to my website
handle on the law dot com and you will certainly
get an answer whether they take the case or not.
Speaker 3 (14:49):
I don't know.
Speaker 2 (14:51):
I would think with the partial amputation, Uh, it's.
Speaker 3 (14:55):
It's a big deal.
Speaker 2 (14:55):
Now you're talking about your trigger finger, which is the
finger next to the next to the thumb, right finger, oh,
the old Yeah, so she can't do what a lot
of us do when we get upset with people. That
that's that's serious damage.
Speaker 3 (15:14):
Ladies and gentlemen of the jury.
Speaker 2 (15:16):
I can't tell people the buzz off, now you can.
Speaker 3 (15:20):
I can't.
Speaker 2 (15:20):
Yeah, that's what I would do. Yeah, go to the website.
Uh yeah, the old middle finger that stuff. Losing your
thumb is probably worse because then you can't hitchhike. But
their middle finger works pretty well.
Speaker 3 (15:37):
John, Hello, John, welcome Bill.
Speaker 9 (15:40):
Could you help me figure out what the best way
is to try to get some whatever was in a
safe deposit box that my parents had, but they're both
passed on and we were not put on their account.
So the bank told me the last time I talked
to him that the only way they're going to turn
it over to me is or my brothers there's two brothers,
is to go down to court and get a court
(16:01):
order from a judge declaring me the executor of their estate. Right,
But that's so costly. I don't know not.
Speaker 2 (16:08):
If you do it yourself, you know, just look it up.
You can do it yourself. Uh and yeah, yeah, you
don't need a lawyer for that because it's absolutely procedural.
You just have to get the paperwork and that's it,
and you can you can look at it out, you
can look it up that I mean, it's not easy,
but you know, a lawyer's going to cost you thousands
of dollars.
Speaker 3 (16:27):
What do you think was in the safe deplies of box?
Speaker 9 (16:29):
Well, my dad liked to collect silver dollars.
Speaker 3 (16:31):
But oh yeah, then okay, all right, that's enough. That's enough.
You do it. You do it, and if it.
Speaker 9 (16:36):
They're supposed to turn that over to the state.
Speaker 3 (16:38):
I don't know.
Speaker 2 (16:40):
I think they do after a period of time. And
then if it is cheap, yeah, and if it is
cheaps to the state, then you know what it's there's
a whole there's a whole world of law.
Speaker 3 (16:52):
In that one.
Speaker 2 (16:53):
I just got to notice that some money was retained
at a bank where I switched bank accounts, and you know,
it's not very much, a couple hundred bucks, but I
just filled out a form and theoretically I'm going to
get the money, so you.
Speaker 3 (17:07):
Know what, I yeah, hey, maybe, yeah, I think you
have to add and the bank is just telling you
just get a court order.
Speaker 2 (17:14):
And then the question is you asked the bank do
you still have the assets.
Speaker 3 (17:19):
If they don't have it, there's no reason for a
court order. Then you call the state.
Speaker 2 (17:23):
You called the state Controller's office and you go, how
they hell do I get the money?
Speaker 3 (17:26):
You'll get some help there.
Speaker 2 (17:29):
Yeah, that's where the money is has gone to the state,
the State Controller's office.
Speaker 3 (17:33):
This is handle on the law.
Speaker 2 (17:36):
All right, let's do it. Welcome back more handle on
the law. Marginal legal advice. Daniel, Hey, Daniel.
Speaker 6 (17:46):
Yeah, yes, let me pull you off. There we go.
Speaker 10 (17:48):
Okay, trying to sue a former roommate that just disappeared
in the middle of the night, and then it owes
me about kind of sixty eight grand somewhere around there.
Problem is is I don't have his personal information in
the sense led. I can get the personal information, but
I have to get it through the landlord and the
(18:09):
charity that's helping them. I've contacted them and asked and
they just ignore it, which doesn't surprise me. I went
to the local court to try to do a subpoena
and they just kept saying, Hey, we can't help.
Speaker 6 (18:22):
You've got to fill it out.
Speaker 10 (18:23):
So I'm not sure. Okay, how to subpoena the guy
and if I can supenat him before case the information.
Speaker 3 (18:30):
Yeah, you're not subpoenaing the guy.
Speaker 2 (18:31):
You're subpoening the church for information. The landlord is what
you're subpoening those people. You have to file the suit first,
and then you file the subpoena for information.
Speaker 10 (18:46):
And how do I, oh, go ahead, I'm sorry, how.
Speaker 3 (18:48):
Do you file the subpoena? It's a document that you file,
it's right there. You can put it off the internet.
Speaker 2 (18:54):
Subpoena and you're either subpoening a person or you're subpoenaing documents.
Speaker 3 (18:58):
Are you're doing both? And then that is filed with
the court.
Speaker 2 (19:03):
That's after you file the lawsuit because the court has
to have jurisdiction and it's just a form that you
file with the court. It's the same court that you
filed the original lawsuit that you have to file.
Speaker 10 (19:15):
Well, my question was is how do I file a
suit against this guy when I only know his name,
I don't know his data burs or.
Speaker 3 (19:22):
So then that doesn't matter.
Speaker 2 (19:24):
You have his name, you go ahead and file the
lawsuit and you don't know the address.
Speaker 3 (19:31):
And what you do is you serve him by.
Speaker 2 (19:34):
Way of publication, and by way of publication means that
it's a newspaper of general circulation.
Speaker 3 (19:42):
I mean there are a bunch of rules, and you
pay I don't know, one hundred bucks.
Speaker 2 (19:44):
Or whatever, and then they publish your lawsuit that you're
looking for him, I think three different times, and then
that is considered service.
Speaker 3 (19:53):
And now you go into court.
Speaker 2 (19:55):
Prior to that, you subpoena both the document and the
people who.
Speaker 3 (20:01):
Know where he is, and you haul him in, uh,
in the court.
Speaker 2 (20:03):
Because you're gonna get a default judgment and you're gonna
haul him into court and uh and by the way,
if you've already served him, you don't even need them
because you're gonna get a judgment. You're gonna have a
judgment against him, and now you have to chase down
where he is to collect money.
Speaker 3 (20:17):
So you don't even need a subpoena them. You're just
filing a lawsuit. You're gonna get a judgment.
Speaker 10 (20:21):
Well, the reason I want the rest of his information
is he gets via payments and you're not gonna be.
Speaker 2 (20:26):
Able to tell you're not gonna be able to touch his
VA payment. Okay, yeah, you just let me ask youself
if he's gone. Does he have any money?
Speaker 10 (20:36):
Probably not?
Speaker 3 (20:37):
Okay, then why bother? Why bother.
Speaker 10 (20:42):
Belligerents?
Speaker 2 (20:44):
Okay, all right, Uh, it's a lot of work and
at some point to go, you know, what is it
worth it?
Speaker 3 (20:50):
I don't know.
Speaker 2 (20:51):
I mean, if you if it's worth it for you
just to hassle him, uh, then go ahead.
Speaker 3 (20:55):
It's certainly you're certainly.
Speaker 2 (20:56):
Not gonna get any money, especially if he's getting if
he's living on VA benefits. Now, if he has a
good job, you can get some money. But short of that,
it's just to harass him. And if it's worth it
to you to harass him, then go ahead. And you
could look up the rules, but they're going to be
what I just told you. You're going to file a
lawsuit for six eight thousand dollars in small claims. You're
(21:18):
going to serve him by publication. You're gonna get a
judgment cause he's not going to show up and defend.
And there you are with a judgment, and then you
have to chase him down again. And you got to
figure out and even if you find him, now what
do you do? You have to go after bank accounts?
He probably doesn't have one. You can't go after the VA.
And if he does have a bank account, guess what,
(21:39):
You're not going to find it unless you file something
called an examination of a judgment a creditor against him
and haul him into a room and ask him those questions.
Speaker 3 (21:55):
And I mean, it's a huge hassle and you're not
gonna get any money.
Speaker 2 (21:59):
So is it worth I wouldn't, but you know it
didn't happen to me, And maybe it's worth it for
me to harass someone depending on how much I hate
that person.
Speaker 3 (22:10):
Don Hello, down, welcome.
Speaker 6 (22:13):
Here's the situation my wife has answer. They're given to
the chemo treatments. Part of the downside of the chemo
treatment is your feet fall asleep. You feel like you're
walking on nails. The support group at the hospital says,
buy this two hundred dollars foot massager. I look online
through the site that I bought thousands of dollars from before.
(22:34):
I buy this two hundred dollars foot massager. It comes
to the house, plug it in, It works, but the
heating element only works on the back part of the foot. Okay,
we get a hold of them, They say, send us
a video. How do you send a video of a
heat element. My wife in pain. I say, the heck
with it. I just go buy another one through the
(22:56):
same source. They send it the next day, plug it in.
It works perfect. They send me a thing to mail
back the label, to send them back to the manufacturer.
I do. They say they get it back. They say
it's working kind of okay. They're saying they'll give me
forty five dollars back on my original purchase, and that's.
Speaker 2 (23:15):
It, okay, and the original purchase of two hundred dollars
right exactly. Okay, Well, you've got to go talk to
someone else other than they said it was some department,
the returns department, and you talk to a person who said, no, I've.
Speaker 6 (23:33):
Been through the gamut, and they said they're done with me.
Speaker 3 (23:36):
All right, Well, then you got a lawsuit. Okay.
Speaker 2 (23:38):
If they're done with you, then you have to sue
for the difference, or sue for the entire amount. If
you don't accept the forty five dollars, because maybe I
don't know if they have you sign a release of
some kind, or do they just send you the forty
five dollars.
Speaker 6 (23:49):
What they're going they're going to cran it back to
the account Okay, how do I go buck suing him?
Who am I saying? Am I swing disappoint or the
person who made it?
Speaker 2 (23:59):
Well, h okay you have I would where they located?
Speaker 3 (24:04):
Where are they? Where's the manufacture located?
Speaker 6 (24:08):
They won't tell me that. I can't find out on
the line anywhere.
Speaker 3 (24:12):
That there There isn't a label on the device.
Speaker 6 (24:16):
Yes it does. It has no address, no nothing. You
look it up online, it tells you all the hooplum,
but it doesn't give you any address or any contact information.
Speaker 3 (24:25):
Wow.
Speaker 2 (24:26):
Uh and this is and you were saying, I'm looking
at the computer screen, this is Amazon.
Speaker 6 (24:31):
Right, yep, you brought the name up. Yeah, that's fine.
Speaker 2 (24:34):
Yeah, listen if they want to listen, if they want
to assume me, that's fine.
Speaker 3 (24:37):
I got deep pockets behind me.
Speaker 2 (24:39):
I've got a four billion dollar corporation behind me, so uh,
you know. Yeah, And I'm not accusing them of anything anyway,
so I don't care. I'm just trying to figure out
how to get around. And because usually they're pretty good
about this, so ye, yeah, and you've written and you've
explained all of that, and they're telling you to go
pound sand.
Speaker 6 (25:00):
Yeah, forty five bucks take it or leave it.
Speaker 2 (25:01):
Yeah. Well, okay, so you're out one hundred and fifty dollars.
I mean, how much time do you want to spend
for one hundred and fifty dollars.
Speaker 6 (25:09):
Well, that's the thing I mean at this point, it's.
Speaker 3 (25:12):
Yeah, that's I mean to tell you.
Speaker 2 (25:14):
Sometimes, even though you're right, and you know you're right
both legally and morally, and they make it so damn
difficult that you go, you know what, I'd rather just
suck it up and never buy from them again, or
figure that out of the hundreds of purchases I made,
this one went south and you know, and now it
(25:36):
becomes a practical reason because now, okay, you want to
maybe Amazon, they could argue all we did was ship
the product. Matter of fact, a third party sale. We've
never seen the product. And I don't know the answer
of what would I do. I would just suck it up, because.
Speaker 6 (25:53):
That's what I'm thinking. Well, I canceled my subscription. You know,
that's twenty some books a month.
Speaker 2 (25:57):
Yeah, no, I know, I'm a customer, but I do
it for the TV, you know, and all the rest
of the stuff that you get because I like it.
Although I got to tell you the prices on Amazon
are no great bargain anymore, you know.
Speaker 6 (26:11):
Oh yeah, I'm playing that up.
Speaker 2 (26:14):
Yeah no, no, it's though he used to be the
biggest bargain in the world, not anymore. Now there's stuff
places a lot cheaper than that anyway.
Speaker 3 (26:22):
So legally, yeah, I think you have them. But you
have to hunt him down. You have to sue in
small claims court.
Speaker 2 (26:28):
You got to figure out where you where Amazon gets sued.
You got to go to the Secretary of State and
find out who's the agent for service of process if
they don't have an office here, which they do up
northern California.
Speaker 3 (26:41):
I mean, it's just it's it is a deal.
Speaker 2 (26:44):
And I if you can afford one hundred and fifty dollars,
you just you just suck it up and you're.
Speaker 3 (26:50):
Done by now.
Speaker 2 (26:51):
You know. I'm a huge fan of Zelman's. Matter of fact,
I have him right around me all the time, right
here in my studio. I have a pack of Zelmans.
And it's all about having good breath. Now, I wake
up in the morning like you do, and I have
morning breath. I mean that's a given. You drink coffee
like I do. You have coffee breath, and if you
eat the way I do a lot of garlic onions,
(27:12):
for example, in the morning, and for some reason I
love locks and bagels. These days, I smell like smoked salmon.
That's my breath. And if you're concerned about fresh breath
and you want it to last for hours and hours,
Zelmans is the answer. These little capsules that you suck
the mint off and then you bite into them or
swallow them, and they go to work in your gut
where bad breath or smelly breath can start. Go to
(27:34):
Zelmans dot com Zelmans dot com and you'll see how
well this works. Zelmans Z E L M I N S.
Use the code KFI. That's Zelmans dot com code KFI.
Speaker 3 (27:47):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (27:52):
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):
Welcome to Handle on the law marginal legal advice where
I tell you you have absolutely no case. This is
a case that I shake my head and I go, really, So,
President Trump is attacking the fourteenth Amendment straight on. One
of the aspects of the fourteenth Amendment has to do
(00:31):
with someone born in the United States is a citizen
of the United States. The language is perfectly clear, and
what the President is attacking is what is called birthright citizenship.
Speaker 3 (00:45):
And what that says.
Speaker 2 (00:47):
If someone is born here of parents who are illegal,
then that person born is not a citizen of the
United States. That's not unusual. Many many countries do not
allow birthright citizenship, where if you have people that are
in that country illegally, kids born to those people, I
(01:07):
just don't have the citizenship. As a matter of fact,
I don't even think there are legal residents. And there
are some countries that do allow birthright citizenship. Now, the
one exception in the United States, just as a quick
one here, is that children born of diplomats in the
United States are not US citizens even though they're born
(01:28):
in the United States. Let's say they're born at a
local hospital outside of the embassy. They're not citizens. Now
the rest of the world is. And so what he's
doing is the attacking the fourteenth Amendment. And normally people
would go, come on, give me a break. You know,
there it is in the constitution. Well, President Trump filed
(01:53):
the lawsuit and the US Supreme Court is willing to
hear it, which in and of itself is monumental. And
what he did is he called this a monumental victory.
Speaker 3 (02:08):
And it's true.
Speaker 2 (02:11):
It is absolutely true. Two federal judges block the order
on different grounds taking away the birthright citizenship. And Trump
is asking the justices and the Supreme Court for a
definitive judgment on the reinterpretation of this legal precedent. And
(02:34):
I don't get it, and most constitutional scholars don't get it.
Speaker 3 (02:42):
Where are they going to go with that?
Speaker 2 (02:45):
So the Amendment was ratified after the Civil War and
says this has to do with deally, with slavery and
African Americans.
Speaker 3 (02:54):
The amendment says.
Speaker 2 (02:55):
All persons born or naturalized in the United States I
happen to be naturalized and subject to the jurisdiction thereof
which basically we're all under the jurisdiction illegal. It doesn't
matter are citizens of the United States and the state
wherein they reside. On his first day in office, Trump
(03:18):
signed an executive order declaring that only newborns whose parents
have permanent legal status are subject to the jurisdiction of
the United States ineligible to be citizen. Estimated about what
two hundred and fifty thousand kids born every year on
US soil to one or more parents without citizenship or
(03:39):
permanent legal status. Remail legal aliens, if you will. That's
I don't know where's the court going to go on
this one. I mean, they're giving the president a lot
of power, but on this one, I just don't get it.
Speaker 3 (03:54):
All right, let's take some phone calls. Thomas, Hello, Thomas, welcome.
Speaker 4 (04:00):
Hello Bill. Yes, my mom, my eighty six year old
mom has a revocable family trust that hasn't been amended
in twenty years. She asked me to do so, and
I did an amendment. My question is, do I need
to rewrite the original document itself?
Speaker 2 (04:17):
No, you're just doing you do an amendment now, they
usually do rewrite the document. I would because every time
I've done an amended trust, it is a whole new document.
It's just a better idea. How much money are we
talking about, Thomas.
Speaker 4 (04:31):
Oh, about three or four million?
Speaker 2 (04:34):
Yeah, and you get yourself one of the best trusts
in the state attorneys out there, who rewrites the entire trust.
Speaker 3 (04:42):
With any changes in there.
Speaker 2 (04:44):
When you're talking about that much money, Thomas, you know
you have a pro doing it.
Speaker 3 (04:48):
For example, let me put it this way.
Speaker 2 (04:50):
You cut your finger and it needs a band aid,
you put a band aid on if the fingers about
the about to be amputated.
Speaker 3 (04:57):
Do you do it yourself? You do not? So no, Yeah,
you get you get a top notch attorney for that one.
Speaker 2 (05:05):
When you're talking that much money, and it shouldn't be
very much, couple thousand dollars maybe, when you're talking about
that much money, for God's sake, Thomas, are you going
to get more or less money under the new trust?
Speaker 5 (05:18):
Less?
Speaker 4 (05:18):
Actually?
Speaker 2 (05:19):
Oh, then don't do it. Then don't do it. Then
you want to keep the old trust? Yeah, just let tell.
Speaker 4 (05:23):
Her quote division of the property to put an equal division.
Speaker 2 (05:26):
But all right, so if you're going to get less Thomas,
here's my legal advice.
Speaker 3 (05:30):
You tell her that.
Speaker 2 (05:31):
You've changed it, and you don't and then you wait
for her to die. You're not gonna get the original amount.
Speaker 4 (05:37):
I can't do that.
Speaker 3 (05:37):
Well, see there you go.
Speaker 2 (05:39):
You know you don't pay attention to my legal advice.
What can I tell you? You call and you don't pay attention. Hi, Michael,
welcome to handle on the law.
Speaker 5 (05:51):
Yes, hey, the problem I have is that who's responsible.
You have a parked car and somebody hits it is
the owner, response the insurance company. The insurance company have
not made me whole.
Speaker 6 (06:02):
That's my problem.
Speaker 2 (06:03):
Are you sue the then you just here? It is
the owner of the car. Whoever hit you is responsible.
The insurance company is. They can do whatever they want.
They can pay you, they cannot pay you. They can
offer you half the value. It doesn't matter. If you're
not happy with what they offer you. You just sue
the guy who hit you.
Speaker 3 (06:22):
That's all. Just sue him and for the fact guy
to hit the repair. I'm sorry, Yes, that's what I do.
Speaker 5 (06:29):
I'll sue the guy to hit me.
Speaker 3 (06:30):
Yeah, how much? Let me ask you how much damage
to the car?
Speaker 5 (06:34):
Maybe fourteen sixteen hundred.
Speaker 3 (06:36):
Okay, and how much the insurance company offering you.
Speaker 5 (06:39):
They an't offer me anything. That was that's what I'm saying.
They did an estimate, but they didn't send a check
or nothing.
Speaker 2 (06:44):
And then tell you know what, here's the easiest way
of doing how long has it been twenty second of this?
Speaker 3 (06:49):
All right? So you call the guy up.
Speaker 2 (06:51):
It's his insurance company that's not paying you, right, and
he has insurance correct?
Speaker 6 (06:56):
Correct?
Speaker 3 (06:56):
Okay.
Speaker 2 (06:57):
I would give him a buzz and say, hey, your
insurance company is screwing you. They won't even talk to
me about repairing my car. You hit a part car.
Clearly you're at fault.
Speaker 3 (07:07):
Does he admit he's at fault?
Speaker 5 (07:10):
Yeah, he admits, just take responsibility.
Speaker 3 (07:12):
Okay, well that's different.
Speaker 2 (07:13):
He will take responsibility if you get a judgment against him.
So you take him the small claims court, assuming you
have the information, assuming you got his address, et cetera,
which you should.
Speaker 3 (07:22):
Have had when you exchange him for you. Okay, good,
good for you? See everything right?
Speaker 2 (07:26):
You assume small claims court and you I'd call him
up and go, hey, here are your choices. I take
you to small claims court. I get a judgment against you,
and then I start collecting or call your insurance company.
You've paid for insurance and you go Hey, guys, I've
paid these policies, right, Michael, a check for God's sake.
(07:48):
That's where you want to go first, is get the
guy who hits you on your side, because if he
is on your side, what ends up happening. He's really
on his side because his insurance companies screwing him as
much as screwing you.
Speaker 6 (08:02):
That's okay, I see, Yeah.
Speaker 3 (08:04):
That's where you go with that. That's easy. This is
Handle on the Law.
Speaker 1 (08:11):
You're listening to Bill Handle on Demand from kf I
am six forty.
Speaker 2 (08:18):
This is Handle on the Law, Marginal legal Advice.
Speaker 3 (08:25):
Jason. Welcome to Handle on the Law.
Speaker 7 (08:28):
Thank you, Bill. Yes, I have three scandalous brothers that
are mom Andy.
Speaker 2 (08:34):
By the way, just really quickly. I've never heard that
term before. I've got three scandalous brothers. I love. Yeah, no, no, no,
I'm going to scandalous brothers. I love that phrase. I'm
co opting it. I'm going to use it, and I'm
not going to give you the credit for I'll tell
you right now.
Speaker 3 (08:50):
Okay, So you have three scandalous brothers, go ahead.
Speaker 7 (08:53):
Yes, And my parents have passed away since, but when
they were alive, they told me you have an inheritance,
don't Your brothers are going to split it with you evenly?
And now my brothers are saying, I get nothing. What
can I do?
Speaker 3 (09:07):
Okay? All right? It happens a couple of questions.
Speaker 2 (09:11):
First of all, it was a will or a trust?
Speaker 7 (09:15):
I thought they said they had both a will and
the trust, but I don't, okay.
Speaker 3 (09:18):
Fair enough?
Speaker 2 (09:18):
How much money are you talking about?
Speaker 7 (09:23):
Maybe a couple of hundred thousand dollars.
Speaker 2 (09:25):
Okay, So now there's enough money in there to make
it worthwhile. The fact that they won't tell you that
you are in or out of the trust, that they
won't show you the document, that's a problem.
Speaker 3 (09:40):
When did your parents die?
Speaker 7 (09:43):
Well, I'm going to say my mom died six months
ago and my dad died like a year ago.
Speaker 3 (09:47):
All right, so it's fairly early.
Speaker 2 (09:50):
Have you asked both of your brothers who is You
don't have a copy of the will? Do you? No?
Speaker 3 (09:57):
I don't, okay, or a copy of the trust? Okay?
So you ask your brothers. I want to see the document.
Speaker 2 (10:02):
Mom and Dad told me that I'm a beneficiary as
well as you. The fact that you won't show it
to me is a real problem. This smells to high heaven.
I mean, I would put that in a document, and
you may even pay for a lawyer to do that,
and say, if you don't show me that document, I'm
going to take you to court and you're going to
be held responsible for it. You're going to pay the
legal fees. If you have a lawyer rite that, it'll
(10:25):
cost a few hundred bucks. But if you have a
lawyer rite that, man, it should wake someone up. Are
your brothers the kind of people that would just blow
it off and allow a lawsuit to go forward?
Speaker 3 (10:38):
To show the documents?
Speaker 7 (10:40):
At this point, I'm not sure what they're okay.
Speaker 2 (10:43):
Well, they're in breach if they don't show it to you.
They're in breach of their fiduciary duty. Whoever is handling
it is in breach of fiduciary duty. That's no small deal.
There are a lot of sanctions that go on on
that one. So what I would do is talk to
a trust and a state lawyer, just get that first
letter going and scare the crap out of them, and
(11:03):
if there's something going on that's not right, if they
won't show it to you or and or distribute it
pursuant to the terms of the will. Now you also
want to find out if it's a will, Jason. As
I've told people before, it has to be probated, which
means someone has to the executor has to go into
(11:23):
court to open up the probate to allow the assets
to be transferred to the beneficiaries of that probate. And
so that's a public document. That is you know where
your parents died. Clearly who died first, Okay, so your
mom is the one that inherited, so when she died,
(11:45):
although I would do it with both when she died,
and that was what six months ago, Yes, okay, probably
there's been a probate already opened.
Speaker 3 (11:54):
You go into the county.
Speaker 2 (11:55):
Records and it'll be listed there in ray the state
of and then your mom's name, and see if that exists.
And if it doesn't, it hasn't been it hasn't been
opened yet. And if it hasn't been opened yet, I
mean there could be a reason why it hasn't been
opened yet. One of them is that the executor is
accumulating the information. You know, what creditors are there, what
(12:19):
taxes are owed. I have to investigate how much money
mom owed and with the estate. Oh, that's legitimate, but
they should tell you what's going on. That's the part
that is a real issue. I mean again, if they
if whoever is handling it doesn't tell you. They can
be as scandalous all they want, but they've got to. Now,
(12:41):
theoretically they don't have to if you have been disinherited.
If you've been disinherited, they will, then they have no duty.
But why wouldn't they tell you that you've been disinherited
and show you the document? Right Because because what's happening
now is it's a virtual guarantee that you're going to
(13:04):
take legal action against them. Why would they do that
if you've been disinherited, So they wouldn't. I would talk
to a trust and a state lawyer just to get
that first letter going, especially when you're talking about two
hundred thousand or half a million dollars or whatever it is.
Speaker 3 (13:21):
Judy, Hi, Judy, good morning to you. Yes, ma'am. What
can I do for you?
Speaker 8 (13:26):
I would love to get your opinion about this. My
daughter recently had a trigger finger and she had surgery
on it. Ultimately, within the couple of first day or so,
it was turning very purple, and she went to the er.
They told her it needs more circulation. They gave her
heat to put on it. She was totally numb. They
(13:48):
told her when she goes home, use heat. She did.
She ended up with a third to fourth degree burn,
which ultimately went into the bone of her finger. And
is partial amputation does she have? Should she pursue it?
Speaker 3 (14:05):
Yes?
Speaker 8 (14:06):
Malpractice?
Speaker 3 (14:07):
Yes?
Speaker 8 (14:08):
Yes, absolutely, very difficult to prove.
Speaker 2 (14:12):
Not necessarily No, No, I don't think it's that difficult
to prove. If she was told to put heat on it,
I would think that there's should If I'm assuming, did
they know that her finger was numb?
Speaker 3 (14:27):
Is that part of the EU? Okay, Yeah, I think
there's I think there's a yeah, I believe that. Yeah.
Speaker 2 (14:34):
I think there's a case there. Now, I think there's
a medical malpractice case there that. So here's what I
would do. The next step is go to my website
handle on the law dot com and you will certainly
get an answer whether they take the case or not.
Speaker 3 (14:49):
I don't know.
Speaker 2 (14:51):
I would think with the partial amputation, Uh, it's.
Speaker 3 (14:55):
It's a big deal.
Speaker 2 (14:55):
Now you're talking about your trigger finger, which is the
finger next to the next to the thumb, right finger, oh,
the old Yeah, so she can't do what a lot
of us do when we get upset with people. That
that's that's serious damage.
Speaker 3 (15:14):
Ladies and gentlemen of the jury.
Speaker 2 (15:16):
I can't tell people the buzz off, now you can.
Speaker 3 (15:20):
I can't.
Speaker 2 (15:20):
Yeah, that's what I would do. Yeah, go to the website.
Uh yeah, the old middle finger that stuff. Losing your
thumb is probably worse because then you can't hitchhike. But
their middle finger works pretty well.
Speaker 3 (15:37):
John, Hello, John, welcome Bill.
Speaker 9 (15:40):
Could you help me figure out what the best way
is to try to get some whatever was in a
safe deposit box that my parents had, but they're both
passed on and we were not put on their account.
So the bank told me the last time I talked
to him that the only way they're going to turn
it over to me is or my brothers there's two brothers,
is to go down to court and get a court
(16:01):
order from a judge declaring me the executor of their estate. Right,
But that's so costly. I don't know not.
Speaker 2 (16:08):
If you do it yourself, you know, just look it up.
You can do it yourself. Uh and yeah, yeah, you
don't need a lawyer for that because it's absolutely procedural.
You just have to get the paperwork and that's it,
and you can you can look at it out, you
can look it up that I mean, it's not easy,
but you know, a lawyer's going to cost you thousands
of dollars.
Speaker 3 (16:27):
What do you think was in the safe deplies of box?
Speaker 9 (16:29):
Well, my dad liked to collect silver dollars.
Speaker 3 (16:31):
But oh yeah, then okay, all right, that's enough. That's enough.
You do it. You do it, and if it.
Speaker 9 (16:36):
They're supposed to turn that over to the state.
Speaker 3 (16:38):
I don't know.
Speaker 2 (16:40):
I think they do after a period of time. And
then if it is cheap, yeah, and if it is
cheaps to the state, then you know what it's there's
a whole there's a whole world of law.
Speaker 3 (16:52):
In that one.
Speaker 2 (16:53):
I just got to notice that some money was retained
at a bank where I switched bank accounts, and you know,
it's not very much, a couple hundred bucks, but I
just filled out a form and theoretically I'm going to
get the money, so you.
Speaker 3 (17:07):
Know what, I yeah, hey, maybe, yeah, I think you
have to add and the bank is just telling you
just get a court order.
Speaker 2 (17:14):
And then the question is you asked the bank do
you still have the assets.
Speaker 3 (17:19):
If they don't have it, there's no reason for a
court order. Then you call the state.
Speaker 2 (17:23):
You called the state Controller's office and you go, how
they hell do I get the money?
Speaker 3 (17:26):
You'll get some help there.
Speaker 2 (17:29):
Yeah, that's where the money is has gone to the state,
the State Controller's office.
Speaker 3 (17:33):
This is handle on the law.
Speaker 2 (17:36):
All right, let's do it. Welcome back more handle on
the law. Marginal legal advice. Daniel, Hey, Daniel.
Speaker 6 (17:46):
Yeah, yes, let me pull you off. There we go.
Speaker 10 (17:48):
Okay, trying to sue a former roommate that just disappeared
in the middle of the night, and then it owes
me about kind of sixty eight grand somewhere around there.
Problem is is I don't have his personal information in
the sense led. I can get the personal information, but
I have to get it through the landlord and the
(18:09):
charity that's helping them. I've contacted them and asked and
they just ignore it, which doesn't surprise me. I went
to the local court to try to do a subpoena
and they just kept saying, Hey, we can't help.
Speaker 6 (18:22):
You've got to fill it out.
Speaker 10 (18:23):
So I'm not sure. Okay, how to subpoena the guy
and if I can supenat him before case the information.
Speaker 3 (18:30):
Yeah, you're not subpoenaing the guy.
Speaker 2 (18:31):
You're subpoening the church for information. The landlord is what
you're subpoening those people. You have to file the suit first,
and then you file the subpoena for information.
Speaker 10 (18:46):
And how do I, oh, go ahead, I'm sorry, how.
Speaker 3 (18:48):
Do you file the subpoena? It's a document that you file,
it's right there. You can put it off the internet.
Speaker 2 (18:54):
Subpoena and you're either subpoening a person or you're subpoenaing documents.
Speaker 3 (18:58):
Are you're doing both? And then that is filed with
the court.
Speaker 2 (19:03):
That's after you file the lawsuit because the court has
to have jurisdiction and it's just a form that you
file with the court. It's the same court that you
filed the original lawsuit that you have to file.
Speaker 10 (19:15):
Well, my question was is how do I file a
suit against this guy when I only know his name,
I don't know his data burs or.
Speaker 3 (19:22):
So then that doesn't matter.
Speaker 2 (19:24):
You have his name, you go ahead and file the
lawsuit and you don't know the address.
Speaker 3 (19:31):
And what you do is you serve him by.
Speaker 2 (19:34):
Way of publication, and by way of publication means that
it's a newspaper of general circulation.
Speaker 3 (19:42):
I mean there are a bunch of rules, and you
pay I don't know, one hundred bucks.
Speaker 2 (19:44):
Or whatever, and then they publish your lawsuit that you're
looking for him, I think three different times, and then
that is considered service.
Speaker 3 (19:53):
And now you go into court.
Speaker 2 (19:55):
Prior to that, you subpoena both the document and the
people who.
Speaker 3 (20:01):
Know where he is, and you haul him in, uh,
in the court.
Speaker 2 (20:03):
Because you're gonna get a default judgment and you're gonna
haul him into court and uh and by the way,
if you've already served him, you don't even need them
because you're gonna get a judgment. You're gonna have a
judgment against him, and now you have to chase down
where he is to collect money.
Speaker 3 (20:17):
So you don't even need a subpoena them. You're just
filing a lawsuit. You're gonna get a judgment.
Speaker 10 (20:21):
Well, the reason I want the rest of his information
is he gets via payments and you're not gonna be.
Speaker 2 (20:26):
Able to tell you're not gonna be able to touch his
VA payment. Okay, yeah, you just let me ask youself
if he's gone. Does he have any money?
Speaker 10 (20:36):
Probably not?
Speaker 3 (20:37):
Okay, then why bother? Why bother.
Speaker 10 (20:42):
Belligerents?
Speaker 2 (20:44):
Okay, all right, Uh, it's a lot of work and
at some point to go, you know, what is it
worth it?
Speaker 3 (20:50):
I don't know.
Speaker 2 (20:51):
I mean, if you if it's worth it for you
just to hassle him, uh, then go ahead.
Speaker 3 (20:55):
It's certainly you're certainly.
Speaker 2 (20:56):
Not gonna get any money, especially if he's getting if
he's living on VA benefits. Now, if he has a
good job, you can get some money. But short of that,
it's just to harass him. And if it's worth it
to you to harass him, then go ahead. And you
could look up the rules, but they're going to be
what I just told you. You're going to file a
lawsuit for six eight thousand dollars in small claims. You're
(21:18):
going to serve him by publication. You're gonna get a
judgment cause he's not going to show up and defend.
And there you are with a judgment, and then you
have to chase him down again. And you got to
figure out and even if you find him, now what
do you do? You have to go after bank accounts?
He probably doesn't have one. You can't go after the VA.
And if he does have a bank account, guess what,
(21:39):
You're not going to find it unless you file something
called an examination of a judgment a creditor against him
and haul him into a room and ask him those questions.
Speaker 3 (21:55):
And I mean, it's a huge hassle and you're not
gonna get any money.
Speaker 2 (21:59):
So is it worth I wouldn't, but you know it
didn't happen to me, And maybe it's worth it for
me to harass someone depending on how much I hate
that person.
Speaker 3 (22:10):
Don Hello, down, welcome.
Speaker 6 (22:13):
Here's the situation my wife has answer. They're given to
the chemo treatments. Part of the downside of the chemo
treatment is your feet fall asleep. You feel like you're
walking on nails. The support group at the hospital says,
buy this two hundred dollars foot massager. I look online
through the site that I bought thousands of dollars from before.
(22:34):
I buy this two hundred dollars foot massager. It comes
to the house, plug it in, It works, but the
heating element only works on the back part of the foot. Okay,
we get a hold of them, They say, send us
a video. How do you send a video of a
heat element. My wife in pain. I say, the heck
with it. I just go buy another one through the
(22:56):
same source. They send it the next day, plug it in.
It works perfect. They send me a thing to mail
back the label, to send them back to the manufacturer.
I do. They say they get it back. They say
it's working kind of okay. They're saying they'll give me
forty five dollars back on my original purchase, and that's.
Speaker 2 (23:15):
It, okay, and the original purchase of two hundred dollars
right exactly. Okay, Well, you've got to go talk to
someone else other than they said it was some department,
the returns department, and you talk to a person who said, no, I've.
Speaker 6 (23:33):
Been through the gamut, and they said they're done with me.
Speaker 3 (23:36):
All right, Well, then you got a lawsuit. Okay.
Speaker 2 (23:38):
If they're done with you, then you have to sue
for the difference, or sue for the entire amount. If
you don't accept the forty five dollars, because maybe I
don't know if they have you sign a release of
some kind, or do they just send you the forty
five dollars.
Speaker 6 (23:49):
What they're going they're going to cran it back to
the account Okay, how do I go buck suing him?
Who am I saying? Am I swing disappoint or the
person who made it?
Speaker 2 (23:59):
Well, h okay you have I would where they located?
Speaker 3 (24:04):
Where are they? Where's the manufacture located?
Speaker 6 (24:08):
They won't tell me that. I can't find out on
the line anywhere.
Speaker 3 (24:12):
That there There isn't a label on the device.
Speaker 6 (24:16):
Yes it does. It has no address, no nothing. You
look it up online, it tells you all the hooplum,
but it doesn't give you any address or any contact information.
Speaker 3 (24:25):
Wow.
Speaker 2 (24:26):
Uh and this is and you were saying, I'm looking
at the computer screen, this is Amazon.
Speaker 6 (24:31):
Right, yep, you brought the name up. Yeah, that's fine.
Speaker 2 (24:34):
Yeah, listen if they want to listen, if they want
to assume me, that's fine.
Speaker 3 (24:37):
I got deep pockets behind me.
Speaker 2 (24:39):
I've got a four billion dollar corporation behind me, so uh,
you know. Yeah, And I'm not accusing them of anything anyway,
so I don't care. I'm just trying to figure out
how to get around. And because usually they're pretty good
about this, so ye, yeah, and you've written and you've
explained all of that, and they're telling you to go
pound sand.
Speaker 6 (25:00):
Yeah, forty five bucks take it or leave it.
Speaker 2 (25:01):
Yeah. Well, okay, so you're out one hundred and fifty dollars.
I mean, how much time do you want to spend
for one hundred and fifty dollars.
Speaker 6 (25:09):
Well, that's the thing I mean at this point, it's.
Speaker 3 (25:12):
Yeah, that's I mean to tell you.
Speaker 2 (25:14):
Sometimes, even though you're right, and you know you're right
both legally and morally, and they make it so damn
difficult that you go, you know what, I'd rather just
suck it up and never buy from them again, or
figure that out of the hundreds of purchases I made,
this one went south and you know, and now it
(25:36):
becomes a practical reason because now, okay, you want to
maybe Amazon, they could argue all we did was ship
the product. Matter of fact, a third party sale. We've
never seen the product. And I don't know the answer
of what would I do. I would just suck it up, because.
Speaker 6 (25:53):
That's what I'm thinking. Well, I canceled my subscription. You know,
that's twenty some books a month.
Speaker 2 (25:57):
Yeah, no, I know, I'm a customer, but I do
it for the TV, you know, and all the rest
of the stuff that you get because I like it.
Although I got to tell you the prices on Amazon
are no great bargain anymore, you know.
Speaker 6 (26:11):
Oh yeah, I'm playing that up.
Speaker 2 (26:14):
Yeah no, no, it's though he used to be the
biggest bargain in the world, not anymore. Now there's stuff
places a lot cheaper than that anyway.
Speaker 3 (26:22):
So legally, yeah, I think you have them. But you
have to hunt him down. You have to sue in
small claims court.
Speaker 2 (26:28):
You got to figure out where you where Amazon gets sued.
You got to go to the Secretary of State and
find out who's the agent for service of process if
they don't have an office here, which they do up
northern California.
Speaker 3 (26:41):
I mean, it's just it's it is a deal.
Speaker 2 (26:44):
And I if you can afford one hundred and fifty dollars,
you just you just suck it up and you're.
Speaker 3 (26:50):
Done by now.
Speaker 2 (26:51):
You know. I'm a huge fan of Zelman's. Matter of fact,
I have him right around me all the time, right
here in my studio. I have a pack of Zelmans.
And it's all about having good breath. Now, I wake
up in the morning like you do, and I have
morning breath. I mean that's a given. You drink coffee
like I do. You have coffee breath, and if you
eat the way I do a lot of garlic onions,
(27:12):
for example, in the morning, and for some reason I
love locks and bagels. These days, I smell like smoked salmon.
That's my breath. And if you're concerned about fresh breath
and you want it to last for hours and hours,
Zelmans is the answer. These little capsules that you suck
the mint off and then you bite into them or
swallow them, and they go to work in your gut
where bad breath or smelly breath can start. Go to
(27:34):
Zelmans dot com Zelmans dot com and you'll see how
well this works. Zelmans Z E L M I N S.
Use the code KFI. That's Zelmans dot com code KFI.
Speaker 3 (27:47):
This is Handle on the Law. You've been listening to
the Bill Handle Show.
Speaker 2 (27:52):
Catch My Show Monday through Friday six am to nine am,
and anytime on demand on the iHeartRadio app.
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