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June 1, 2024 33 mins
Handel on the Law, Marginal Legal Advice. 
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Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Welcome to handle on the law marginallegal advice where I tell you you have
absolutely no case. Now, thevast majority of us have been on airplanes.
I mean a number of people thatfly, especially in your entire life,
virtually everybody in America. So oneof the things that we experience in

life, and more difficultly on anairplane is when someone has bo man,
you're an enclosed area, even thoughthe air is exchanged out. I don't
know, every five minutes or whatever. I mean, good powerful bio really
rocks you, doesn't it. Andthe airline crew can actually remove you for

if you have a real bad caseof body odor. It's more problematic when
they want to remove you at thirtythousand feet. Okay, I understand that
there's a legal issue there if theytry to get you off the airplane there,
But getting on the airplane is whereit all happens. And so if
enough people complain about someone with bodyodor, or a crew member says you

smell so bad that you're basically interferingwith the joyfulness of this flight, as
if everybody enjoys a flight, butat least interferes with the ability of people
to even get on the plane andsit there for four hours five hours,
so you're being asked to move.And I have seen it both ways.

I have smelled people that reeked somuch that occasionally I've seen them removed from
the airplane. And not only haveI complained, dozens of people have complained.
And sometimes even with dozens of peoplecomplaining, the flight crew won't do
anything about it. Literally that won'tdo anything about it. I've been told
just to suck it up. We'renot taking this person off the plane.

So it goes both ways. Now, there is a lawsuit against American Airlines
over this issue, but it's notjust someone's Thanks to high Heaven and the
complaints came flying in, three blackmen are suing American Airlines. This has
happened in federal court, claiming theywere victims of blatant an egregious race discrimination

after employees, flight crew stewardesses Ithink male or female stewardess ordered them off.
These are three black men and inaddition ordered five more off the plane.
Now you're talking eight African American.Maybe they were African Africans for all

I know, maybe they were Nigeriaor from Ghana or whatever. And they
reeked so badly that no one couldno one could take it. And a
flight crew member just says, you'reoff the plane, which can be done.
They can do that. And therethis lawsuit says, yeah, here

we go. You threw us off, that's the lawsuit part. And you
threw them off the other five totalof eight people you threw off the airplane,
although only three are suing. Andthe airline representative told the men who
were traveling Phoenix to New York toreturn to the book to the gate to

be rebooked, and that's according tothe lawsuit, and they wouldn't. American
Airlines, according to the lawsuit,wouldn't tell them why. And eventually someone
said, because somebody had complained abouttheir body over odor somebody. Does that
mean one person? Does that meanthree or four or a dozen? So

we'll see what happens to this lawsuit. Now. I think if it is
solely about them being black, Imean, I think American Airliners wou'd be
coughing up a lot of money.But what if it is about they came
from a specific area and they andit happens to be an area where black
people live. Let's say somewhere inAfrica and they're thrown out because they stink.

And people said, because they thinkit's nothing new being black. It's
because you just smell this way,and it could be anybody, doesn't matter
if it's white, it doesn't matter. It doesn't matter you smell this way.
We're throwing out the airplane. Sowe'll see what the lawsuit says.
But not good news that it's allblack people. The presumption is not good
for American airlines. All right,let's go ahead and take some phone calls

here, Brian, we'll start withyou. Welcome to handle on the law.
Hi, thank you. About threeand a half years ago, I
heard about the local news there wasa stockbroker company where if you download the
app and you sign up, thenthey pull a dollar out of your savings

account. It goes into the stockmarket, and it was kind of a
fun little thing to do. Andthen they anyways, we've done that at
and our balance in their accounts likefour thousand, four hundred dollars. It's
Griffin, it's Griffin company. Youknow, don't mention the names. I
probably have to edit that out otherwisewe're gonna get sued. You put it
a dollar and that was it andyou had four thousand dollars? Am I

missing something? No? No,no, no. Every time I use
my credit card, a dollar comesout of my savings account, a small
account. Ok got it. Soyou're putting a dollar out of time,
Okay, yeah, And then theyincreased it a year later. In MA
they sent an email to people saying, now you can go up to ninety
nine dollars per transaction. So ifI go to Chevron gas station, I

buy gas with the credit card,then three dollars. I signed up for
three dollars and comes into the stockmarket and I buy Chevron. Okay,
anyways, it's four hundred dollars.So about eight weeks ago I wanted to
close the account and I sent theman email. They don't have any phone
numbers, and they they said,well, we don't do paper checks.

I said, just mail me thecheck for the four thy four hundred.
So the customer service reps that wedon't do paper and he said, now
we can't reconnect your account anymore.And I emailed them back. I said,
you can pulling money out of theaccount for the last few years,
no problem. Every time I usemy credit card. Now you can't send
it back in and he said no. So he said, give us your

routing number and you're anyways. SoI sent them what they needed and they
haven't responded. They how long hasit been? How long has it been?
Eight weeks? Eight and they haven'tresponded. Okay, you have to
assume they stolen your money. Isee assumption. So you have to assume

they stolen your money, right,So what else? What else can you
assume? Now? It's okay forthem to say, we don't do paper
checks. They're businesses that don't dopaper checks. Give us a rounding number
or a zell or whatever. Butthat's not that's not a killer. And

I don't know what this. Idon't know what kind of brokerage company this
is, and again please don't mentionnames. And I don't know what the
regulatory agency is that regulates them.But if this happened to you, you're
probably not alone. And I wouldlook them up on the internet and start
typing in search words lawsuits, complaintsand see if anybody else out there is

having the same problem. Okay,what about small claims court? They're based
out of Tampa, Florida. Ican't assume you're not. Yeah, they're
not. You're not gonna assume insmall claims court. Yeah, so even
if you get a judgment they oweyou the money. Now, what good
does it do? You know?So what does the gonna say say to
them? You owe Brian the money, thank you, your honor. They

already owe it to me. Sono, you've got to go go to
the regulatory agencies and see what isgoing on if you can, and there
may be a bigger lawsuit where theyhave been sued, but you just get
to look it up and do alittle bit of research. But from what
you tell me, certainly this isnot kosher in Denmark and not kosher in

Florida either. So yeah, sometimesyou just go to the wrong place.
I mean, it's you know,people rip companies rip people off. Now,
if it's regulated, I don't knowwhat kind of brokerage firm it is.
I have no idea because they're allkinds of agencies. I mean the
you know, federal state agencies thatoversee brokerage accounts. You know, I

have money in a Schwab account andI'm just and by the way, I
am not checked on Schwab. Ihave no idea if they've ripped people off.
I don't think so. I meanthey're huge and I've always gotten my
money. But you know who regulatesbrokers like that? I don't even know.
This is handle on the law,Dan, Hello, Dan, welcome,

Thank you real quickly. My mompassed away about five days ago,
and I am the trustee of assetsand financial part of it. Is there
any timeframe that I have to waitbefore I can start distributing this stuff?
Reasonable? Just the word if it'scash and it's literally one bank account,

and it's the question of just youwriting checks out of the bank account,
you can do that tomorrow afternoon,or take a week or two. If
it is a little complicated where let'ssay assets I have to be sold,
there have to be appraised. Thereis various beneficiaries. I mean there are
some trusts that take forever. Imean they can literally take years to destroy

it. So does mom have whatlet me ask you this, how much
does mom have in the bank orassets? Two point eight million dollars?
Okay? And it is in whatform property stocks, bank account that's not
including the house. So it's allit's all IRA's cash accounts, IRA's pretty

and cash accounts. Okay, andall right, fair enough. And how
many beneficiaries are there? Dan?Four of us, my brother, two
sisters and my brother. All right, so you're talking what probably three million
dollars or more? Yeah, okay, including the house. Okay, how
much? And Dan, how oldwas Mom when she died? Why did

you wait so long to kill her? Well, you know I debated on
that, but the laws are sostrict nowadays. Yeah, that's true.
Yeah, you got a law problem. Okay, so you may have a
little complication in that as trustee,you can decide to sell the house because
I'm assuming you have complete control asa trustee, and you just unless the

trust says it has to be soldor whatever the terms of the trust.
But if here's my money, here'smy trust here it goes to the four
King, it's Dan, you takecare of it. So, uh,
the money part can be distributed immediately. The house can be put up for
sale, It could be rented,depending on what everybody says. I mean,
theoretically, if you have full power, you can rent the house,

uh, and then distribute the rentamongst everybody. So you sit down with
the beneficiary, especially if they're siblings, and you just work it out.
Now, taxes have to be paid. Any taxes that are due has to
be have to be paid. Anydebts that are due have to be paid.
First of all, starts with funeralexpenses, by the way, that's

number one that has to be paidout. Okay, Mom took took care
of you guys. Mom took careof you guys. Oh good for her
anyway, So just throw in reasonable, throw in the word reasonable. The
more complicated, the more time,so there's no statutory time where it's got

to be done by next Wednesday.All right, you're good. That's not
bad. I don't think I wouldhave waited until my mom was eighty two
under those circumstances, not even alittle bit. Mark, Hello Mark,
Hello Bill, How are you today? Okay? What can I do for
you? So my neighbor recently builta new fence, and in building the

fence, he kind of trenched whenhe was building his fence. It damaged
my fence. Put a little effortinto fixing it, but it actually made
it worse. Okay. And nowI have a stairwell that's attached like,
that's adjacent that is starting to fillback in as the dirt fills into the

area. But Okay, done,done. How much is it going to
cost you to fix it all andbring it back to where it was.
It's gonna cost about six grand.Now there's your lawsuit. Okay, that's
it. You're done. I don'tknow why I even took that one.
Rudy, Hi, Rudy, welcomebill. Driving in the city of Los

Angeles Studio City, came up ona pothole the size of the rose bowl,
damaged my two Tesla tires, hadthem repaired, got envoys, submitted
it with the claim pictures of thedamage to the city city attorney. They
acknowledged the claim going on five monthsand never heard from them since. Yeah,
well, by the way, that'sa good claim. The city is

responsible for those potholes, especially ifthey knew about it. Now, if
it was just reported, you know, for example, let's say you went
ahead and your Tesla was damaged andyou reported it and they heard that for
the first time, they're going toget away with it. You mean that
just you can't take a city thathas not many square miles and all of

a sudden, okay, we've gotthis one over there, ethics, and
we have that one fifteen miles away. So they have a reasonable time to
fill in the potholes, so youget to figure out. And by the
way, I would obviously they madethe claim, they don't want to pay
you taking the small claims court.And I don't know how that's done because
I've never seed the city in asmall claims court, but you could look

it up. There are ways ofdoing it, especially since they've already said
they've acknowledged the claim. By theway, did they acknowledge receiving the claim
or do they acknowledge that they areresponsible for the claim? They acknowledge with
the claim number, just receiving it. That's beyond that. Okay, Hold
on a minute. Okay, sonow it's a very different issue. That's

a very different issue acknowledging that theyreceived the claim. That's not them saying
there's no liability. Yeah, becauseI was thinking, you know, for
a moment, that's why I askedthe question, Hold on a minute.
All of a sudden, they said, oh yeah, we're gonna pay no
question about it. I mean,you're dealing with the city, so you
would you forced the issue. Howlong has it been since they said,

yep, we received it? Goingongo? Okay, you know what I
would do. I mean, beforeyou do anything legal, before you take
any legal avenue here, go toyour council person, your city council person.
They have number one, they havelots of influence over the pothole department.
And two they care about your vote. They're a lot more loyal to

you, the council person, thanto the people that fix the potholes,
because those people don't vote in thedistrict. Probably you do. I live
in Santa Creta. I live inSanta Creta, and they happen in city
of val A. Well, yeah, that's a problem too. Yeah,
I can see that, all right. Well just don't let them know that
you live in Santa Clarita. Thereyou go, okay, yeah, just

look at it happened. But justfollow up and just keep on bugging the
city attorney. You can do thattoo. Bug bug, bug, bug
bug, and just be the squeakywheel because they get a lot of those,
and maybe it's not unusual. Maybeit takes them six ones, maybe
it takes them not months. Letme tell you a little bit about your

business. Technology is certainly part ofit. I mean that there is no
issue. Now, how do youmake your business better? How do you
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that's what all of us who ownbusinesses want to do. Let me suggest
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And that's what NetSuite is all about. Thirty seven thousand businesses have done
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It just keeps ongoing and going.So net Suite download the net Suite checklist
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slash handle free download see what theycan do for you. I'm sure they

can help you. Netsweet dot comslash handle Hello William Hello, Yeah,
easy name to remember. Okay,well for you. I heard a woman
answered the phone like that one time. It's stuck in my head. I've
been listening to you forever, andall right, So here's my story.
I bought a boat a little overa year ago, big boat, and

had a name on it. Theyall do, the big boats all have
to have a name. And UH. When I bought the boat, uh,
the uh, the gentleman I boughtit from, UH had conversation about
the name. Oh yeah, hehe loves the name of his boat,
and so uh the broker who washis best friend, UH was there and

we took the ball up for what'scalled a shakedown run, and he said
that at that point I had agreedto change the name of the boat.
No, I'm not thrilled with thename of the boat. But I had
a little text session with him aboutthree or four nights ago, and he's
suing me. He says, he'sgoing to assume he's going to have his

corporate attorneys. Okay, yeah,how big? How yeah, of course
they do, William. Of coursehe's going to do that. William.
How big is the boat forty eightfeet? Oh well, it's good size
sailboat or or just a regular boat. Oh, it's a it's a fishing
cabin cruiser. Okay, all right, So I'm assuming that when you bought

the boat, there was a prettyexpensive sales agreement, correct, Yeah,
yeah, okay, I mean I'msure that it was sales agreements all over
the place. Can I ask howmuch did you pay for the boat?
Three in forty thousand? Okay,So it's it's a big deal, all
right. So now you have asales agreement which specifies I'm assuming the year

of the boat, the condition it'sin. I'm assuming there's a lot there
is that correct? Oh? Yeah, okay, So now you have,
okay, any anything written at allabout the name being transferred to the seller.
Nothing? And he he so muchhas said that. He said,
well, I agreed to it.His broke the broker the boat that was

being the broker of the boat wasthere. It just happens to be his
best. Yeah, it doesn't matter. But I mean that part doesn't matter.
So here's what's here's what's going tohappen. Well, let me just
tell you I had I had twopeople. I had two people with me
on the boat at the time,and it was the owner and then the
broker. So the broker's supposed tobe representing me. I'm buying you.
Yeah, that doesn't. None ofthat matters. None of that matters,

William. You're throwing stuff in there, doesn't matter at all. Here's the
parting matters. Number One, youcan say that I will change the name
of the boat to go pound sandor. I mean, that's what I
would do, and then you smileand go go ahead and sue me.

And if it is an extensive contract, which I'm guessing it is, look
up the clause that say prevailing partythe other side pays the attorney's fees.
He sues you, he loses,which he will, then he gets to
pay your lawyer. Because the argumentis the broker says, oh yeah,

William said he would transfer the name. And you say, where's that in
writing. First of all, Ididn't say that. Second of all,
this guy's a broker. He wroteit up. Wouldn't you think that'd be
kind of important if the seller wantsto keep the name. It's not like
the name on a boat is notimportant. Of course it's important. Sure,

And so I don't think he's goingto sue you. I think he's
just blowing smoke. I really do. I do too, He says.
He says that because he has awitness it doesn't matter. Witness, it
doesn't matter, and you go listen. Your witness is your best friend.
Your witness, you've had a relationship, unless you plan on lying and perjuring
yourself in court and saying he's independentand I have no relationship with him.

And then you say I'm going tobring in witnesses. I'm going to bring
in witnesses. Yeah, And whenyou say I have no relationship with this
broker, I'm gonna get You're gonnabe perjuring yourself straight out. And if
you're willing to do that, ifyou're willing to persure yourself and still lose,
by the way, still lose becauseyou can have the broker all day

long. Because here's the argument.Uh, mister broker, Uh do you
you've been boats? Don't you thinkthe name of a boat is pretty important?
And if your client wanted to keepthe name and transfer to another boat,
would you have put that in writing? Would you consider that malpractice that
you didn't do that. Yeah,I wouldn't worry about it. I wouldn't
worry about it. That's not goingto happen at all. Oh, I

don't even know who that is.Okay, never mind, we'll put you
on hold. I don't have aname yet for there. All right,
interesting stuff. How are we doingfor time? Okay? Riba, hi
Reba, hi Bill. I havea question my mom. She had a
broker that did investments for her andshe invested one hundred thousand dollars about twenty

years ago. Well, I've beentrying to get a hold of this broker.
He's no longer a broker now he'sinto the gold and silver business.
And he text messaged me saying thathe over one hundred and six thousand dollars.
I can't find any paperwork, butI want to know if that's going
to hold up in court because hedoesn't have the money to pay her.
But he has a gold and silvercompany. Well, he still may not
have the money to pay her.Yeah, and he says, wait a

second, wait, wait, wait, I want to get this straight.
He says, he owes her onehundred and six thousand dollars. Correct,
Yeah, yeah, okay, Andso out of the one hundred thousand that
she throws in, so he issaying that she has made six thousand dollars
six percent over a twenty year period. Right, yeah, Okay, Now

it's possible. It's possible that that'sall she did, that he's just a
crappy broker, and that that's possibleas a matter of fact. That's his
defense. Hey, I'm just acrappy broker. I didn't steal any money.
I just did bad investments. No, but he borrowed another ninety thousand
off her walk he was her broker, and I don't even know if that

bill's been paid because my mom's eighty'sseventy. Okay, Well, you get
to find out with the paperwork,and if he doesn't have the paper work,
you've got a big complaint because ifhe has stolen the money or somehow
he's not paid back to ninety thousand, and you can't tell whether she agreed
to the loan or not. Correct, there should be paperwork. Well,

I have a couple small checks likefour thousand and six thousands that have been
sent to her but made out tohim. So I'm still going through the
paperwork. What I want? Yougot, Yeah, you've got to go
to pay through paperwork and we'll seeif there's any criminality there. I don't
know. Sort of smells like there'scriminality, And the problem is he's no
longer licensed because he's selling gold andsilver, and I don't think that's even

regulated selling gold and silver. Ithink tomorrow afternoon I can go sell gold
and silver, not stocks, notthat, not life insurance policies. I
think that has to be regulated.But at some point you bring in the
authorities, You do as much researchas you can, and what I would
do is maybe even hire someone whohas some expertise in tracking down number one

assets and what people have done toit. It seems to me also not
only did he borrow money based onwhat you said, but he's also churned
the account and sold and sold andbought and bought to the detriment of his
client being your mom. So youget to do yeah, you get to
do a little investigating and track downpeople who do that because I don't have

a name, and that's exactly whatI would do. Hi, Trish,
Hi, Yes for taking my call. Sure, I paid office on home
improvement loan in December through my bankach and the lung company continued to take
payments out, but I've reconciled thatwith my bank. My issue is that

I've been receiving calls from them thatthey were going yeah, that's good news.
And what are they threatening to do? I got a letter taped to
my front door yesterday. Uh huh, I mean I can't yep, saying
that they're going to threatening legal action. You know you Trisha, pray pray

that they take legal action against you. Uh, that would be that's when
you party. Okay, So here'swhat you do. You contact the collection
agency and you simply send them acopy of the payoff. That's it.
Well, I did email. Good, I'm sorry, I did email to
improof of payment. Oh and wheneverI returned, some calls that they disguise

like they're from someplace else. Right, Oh, this is good stuff.
This is good stuff. So here'swhat you get to do. Okay,
take a phone call next time andsay, uh, you know, I've
paid off this loan. And whatyou're doing is you're in violation of federal
law. By the way, I'mrecording this phone call. Okay, they
will hang up on you instantly becauseit is no joke. It is is

against federal law to go after someoneby a collection agency where you don't owe
the money and they know you don'towe the money, or you prove to
them you don't owe the money,so I would send them again right to
whoever they are, say hi,whoever you know, Hi, schmuck,
and you're making phone calls. Iwill now be recording every phone call you

make, and you are I've talkedto an attorney. Don't mention my name
because they start laughing. I've talkedto an attorney and you are in violation
of federal law. And they don'tcall me back again because I was really
yelling at them, and then theywon't. And if they go away,
if they file a lawsuit of anykind or ding your credit, you've got

yourself. You've got yourself a goodlawsuit. Ooh do you now? The
problem is if I'm assuming that's alegitimate collection agency, if it's just a
stammer. It was the company calledsaying how can you pay us? How
can you pay us? Okay?Well I couldn't a collection agency. You
could, but most don't do that. You simply say, why don't you
take me to court? Okay,why don't you take me to court?

I can use the money. SoI should call the letter the number on
the letter, yeah, yeah,yeah, yeah, and I would,
and I would come. You haveto memorialize it because if this ends up
in litigation, they're going to denyyou ever made a phone call. We
don't know what you're talking about.So as soon as you finish making the
phone call, you follow it upwith an email to them per the phone

conversation we just had boom boom boom, boom, boom boom. And whenever
they call, you absolutely say I'mrecording this phone call and you are harassing
me. The word also you wantto use is harassment. That's a good
word. That's uh. That hasa lot of legal implications. Okay,
okay, this is great. Soif they do bring legal action, do

I get an attorney? Yep,yep, yep, you get an attorney,
and you're gonna be a happy camper. What how much did they say
you owe them? Three hundred dollars? Yeah, that's great, you'll be
fine. I wouldn't worry about it. Yep, yep. Oh okay.
Steven, Hi, Stephen, welcome, Thank you. I have a check

for one hundred and sixty four thousanddollars made out to the person I by
significant other, who has dementia.I went to the bank about a week
and a half ago. I'm noton the account. She gave me her
checking account to sign. I don'ttime your checks, she can sign them.

She is not cognizant of the fact. Okay, got it. Okay,
No, I got it, Igot it. Let me tell you
for that kind of money they areeven though they know it's legitimate, even
though they know that you're the husband, and they know there's nothing around,
that's the problem. Oh okay,then it's even okay. Then it's even
more. You've got to get aconsumed son. You've got to get a

concern. I know that I need. I can't find a lawyer. Oh
come on, you can't find youcan't go to a trust and a state
lawyer who says, no, I'mnot going to take your money, even
though that's what I do. Theycharge hourly. I know that I had
an attorney who put the first checkin the bank in his trust account.

He dies and is like thirteen tofifteen dollars. No, No, that's
a different issue. I mean,now we're talking issue's okay. I can't
saw you need a trust, youneed a trust in a state lawyer.
That's one five of them all.I can't do ill. I can't understand
it. I can't if I'm atrust in a state leader. You come
to me and say, Bill,I mean perfectly willing to pay six hundred

dollars an hour. And here's what'sgoing on. Oh no, I'm not
interested in doing it. It's beena good night. Come on. I
live in a small city, soyou don't have to go to the small
city. Where do you live?I love Monrovia. I'm sorry Monrovia.
That's not a small city. That'sin LA. That's in southern CALIFORNI.

Yeah. And the bank, thebank, what they did is I have
four caregivers here with paying twenty thousanddollars a week. They her son is
on the account. Stephen Stevens,I don't care anything. I don't care.
And ask the bank if they canrecommend to trust in a state lawyer.
Uh. And if they say nope, no, trust in a state

lawyer, not for you, Stephen. And you call five different attorneys they
go nope, I'm not going torepresent you, Stephen, then you know
what you're screwed. Then you thenwhat you do is you move to Yemen
where a lawyer will pick it up. Well, okay, let me start
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Zelman's dot com. Also, beforewe bail out of here, as I've

told you, I am going tocontinue taking phone calls off the air.
So for those of you that arethere there, just stay put. I'm
not going any place, and I'llbe there to answer all all the questions.
And uh, if you're listening,you can then we have almost a
full board and it's busy. Justcall back in three minutes or five minutes,

because of course I'm going through thecalls and I'm not gonna take a
break, so I'm gonna go justright through. Eight hundred five two zero
one five three four. Eight hundredfive two zero one five three four.
This is handle on the Law.
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