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June 22, 2024 34 mins
Handel on the Law, Marginal Legal Advice. 
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Welcome to handle on the law marginallegal advice. Scott. Hello, Scott,
you're up. Oh you know what? Before I do that, Scott,
hold on a minute. I wantto do my monologue and I forgot
to do that. Can you hangon a minute? Okay, all right,
I'll do that. Wow. Youknow I got so excited about Scott

because I did the commercial for LifeSource and I said, you know,
I don't have anybody I hadn't talkedabout it yet where people have come in
and scammed. Scott's up. Allright, So before we do that,
let me tell you about what's goingon with TikTok. TikTok, as you
know, is being attacked big timeby Congress by the President because of its

connection with the Chinese. TikTok isowned by a Chinese company, Byte Dance,
and it is one of the biggestsocial media companies on the planet.
I don't know a one hundred million, two hundred million. I don't even
know how many people use TikTok.And whenever anybody goes on social media,

whether it's YouTube or Instagram or whatever, that information who you are when you
use it, and algorithms can findout all kinds of things about you,
far more than just what you're posting. Well, that can be gathered and
it is sold to advertisers who wantto get to you, and that's where

they really make the most money.So in the meantime, TikTok is Chinese
owned, and the fear is isthat all of a sudden, you've got
a Chinese company, which, bythe way, the Chinese Communist Party in
the government has tremendous influence if theydon't basically control everything. There is fear

that TikTok gets too much information andis too close to the Chinese government.
So you've got Congress, you've gotthe president, and here's what the law
is or what they're about to pass. It's real simple, is TikTok either
sells itself to an American company orit shuts down in the United States.

Man, that is a big deal, and TikTok, of course is fighting
it. This perspective, ban isdefinitely going to be passed, and it's
definitely going to be signed by Bidenbecause everybody agrees on the fear of TikTok,
except of course for TikTok, andit's ramping up the attacks on the
Biden administration and arguing that the administrationthe regulators don't have the power. It's

a First Amendment issue. The regulationsare too broad. They're not going against
any other company. It's discrimination againstTikTok, and they're leaving the other companies
alone. And yeah, of courseit's discrimination because TikTok is owned by the
Chinese. It's that simple. Sooh, by the way, one hundred

and seventy million Americans, that's howit works. So TikTok starts at filing
against this ban in a case thatis that this is important not only determines
the fate of this app used byone hundred and seventy million Americans, but
how the courts interpret the First Amendment, because TikTok is arguing its First Amendment

rights are being violated and the FirstAmendments relationship to online speech. Because one
of the things that happens technology isway ahead of any laws. Look what's
happening with AI. AI is movingat lightning speed, and how many laws

are there? Where are the guardrails? They don't exist, And you've got
legislators, the Feds, the Statesgrappling with this problem. In the meantime,
AI isn't waiting. It's going crazyto the point where I don't know
one company that is not now usingAI or trying to introduce AI. In

Nvidia, company that started in theeighties, it manufactures chips, it's become
the third or second largest company inthe world, most valuable company on the
planet because of its ability or becauseof his connection to AI. They're pioneers
in the AI business. So that'swhat's going on with that. Okay,

Now let's take some phone calls.Scott. Let's start with you. You're
up. What can I do foryou? Okay? In twenty twelve,
my house was about to be foreclosed, and I went to a lawyer and
they said, add three people atfive percent each on the title, and

one of them is being bankruptcy andthey couldn't foreclosed. Well, it's foreclosed
anyway, and these other people hadthe paperwork was all sent to them.
I did not know about this atall until just recently. And okay,
hold on, is that this istwenty twelve and your house was foreclosed and

you didn't know that it was foreclosed? No, and I'm still paying the
mortgage on it and the taxes.Wow, And you don't own it.
No, okay, the bank ownsit. Noah, Umberto owns it.

Okay, and he was one ofthe five percent, ohs five percent?
Right right? Okay, and heowns it, but let me ask you,
he owns it, but you're stillpaying the mortgage company, right right?
Oh? Okay? Yeah, yougot an injunew you got a real
issue here. By the way,I don't know how a lawyer can tell

you. You give five percent tosomeone who goes bankrupt and all of a
sudden that stops the foreclosure. Imean when the bankruptcy is, when the
bankruptcy has dealt with in the bankruptcycourt, that disappears instantly. The court
allows the foreclosure instantly. So thequestion is what do you do about all
this? Yes, get a lawyer, get a real estate lawyer, and

I mean right now, because you'vegot all kinds of fraud happening. I
don't know if there's a statute oflimitations here. And I don't know that
because this is way beyond my paygrade on this one. You got mess.
Yeah, you've got a mess onyour hands. Statue of limitations now,
yeah, well there's a yeah,because it happened in twenty twelve.

That's twelve years ago that it happened. Yeah, yeah, this properties wow,
Okay, yeah, yeah, you'vegot to Yeah, you've got to
call the authorities to you need alawyer, and you have to call the
DA because this is a scam beyondscams that's going on. That's a heartbreaker

when that happens. Yeah, Idon't even know. I think those credit
card protection companies. I have tofind that out, whether they deal with
that specifically. Jennifer, welcome tohandle on the law. Jennifer, are

you there, I'm here. Canyou hear me? Yeah? I just
coughed a little bit. Can youtell that? Yes? I can hear
you. Yes, Okay. Iran up some credit card debt, couldn't
pay it, and I was toldby a financial advisor just let it go
and it would go to collections.Well, one credit card company, because

the amount was three thousand dollars,decided to sue me, sent me a
summons and so they have thirty daysto respond to it. However, they
said I could contact the the lawfirm and set up payments to avoid going
to court. My question is howshould I handle it? Well, okay,

three thousand dollars yeah. I mean, I don't know if they're going
to go to court. Yeah,it probably will for three thousand dollars.
Depends on the credit card company andhow aggressive they are and do they want
to send us, you know,send the message out, et cetera.
You call them up and you go, I'm broke. Are you broke by
the way, yes? Okay?Credit card company? Yeah? No,

you call it lawyers that representing thecredit card company. What do you live
on? What's your income? Ihave? It's a lot, but it's
all taken care of. So Idon't have any what. I don't know
what that means. It's all takencare of. I make about seventy five
hundred a month on tension and everything, but it's all taken up by bills,

by rent and utilities and everything else. Seventy five hundred dollars a month.
Yeah wow? How much rent doyou pay? Three thousand a month?
Okay, So now you have fortyfive hundred dollars left. You can't
be paying forty five hundred dollars utilities. What do we do with the other
forty five hundred bucks? After yourINNTTA? There's utilities, there's car payments,

there's insurance, okay, other creditcard payments. Okay, so now
you're talking about what another two thousanddollars maybe, no, more like about
three or four thousand dollars. Howmuch is your car payment? How much
is your car payment? One thousanddollars a month? Wow? What kind

of car do you drive? Itsthousand dollars a month. That's a big
car payment. What are you driving? And a high answer? Huh okay,
yeah, it's a good car.It's expensive. Now you can argue.
See, the problem is is thatyou make seventy five hundred bucks a
month, and so you can't screampoverty, and you can't scream my money

takes up is every dime of itis used. And then they start talking
and now they're suing you. Youcan't lie about it, and so two
things happen. Number One, youowe the money, so you don't even
have to lie about it. Ifthey go to court, you're gonna lose.
You're gonna get a judgment against you. By the way, you have
no credit left, I'm assuming becauseyou haven't paid any of the other credit
cards exactly. Yeah, okay,so your credit is shot. Now you

can try and you can say,because that's not under the penalty of perjury.
You say, Hey, I don'thave any money. I'm telling you
I'm broke. I'll give you fiftycents on the dollar. I'll give you
seventy five cents on the dollar.I'll pay you two hundred bucks a month,
waive the interest, a lot ofthings you can do because if they
believe that you're broke or that youdon't have money, they would rather take

two hundred bucks a month, orthey'd rather take fifteen hundred or two thousand
than nothing. Okay, So shouldI answer the summons? No, you
call up before that happens. Justcall up, Okay, Yeah, I
mean you have to answer it withinthirty days. I mean, there's no
credit. But that's easy. Youknow, you can go online and get
the information because they answer the summons. Is easy. There's not much there.

Yeah, you can negotiate with thesepeople. Sure, you can always
negotiate. Okay, well all right, yeah, all right, Yeah,
seventy five hundred dollars a month andshe has no money. Three thousand dollars
a month rent well Southern California.That's actually that doesn't give you a whole
lot of rental. All right,hello, James, how's it going?

Yes, I had a question withmy street bike. I was stolen.
I woke up one morning and wasn'tthere, so I checked my I had
a little tracker on it, theapple tag thing. Turns out my neighbor
four houses down had it in hisliving room, kind of like his bedroom

type thing. I don't know.So instead of calling the cops, because
I happened to know the two kidsthat live there, they're both thirty six
and thirty two, I didn't wantto send them to jail. But okay,
Well, basically he said he'll helpme with anything with the bike because

the ignition was destroyed. Okay,who is going to help you with the
bike? The kid? Okay,the kid who took the bike? Okay,
I don't know. He said hedidn't take it, but it was
in his Yeah, but he tookit. He can say whatever he wants,
you know. He can say he'sNapoleon. That doesn't matter, he's
not. And yes, he tookit. He broke the ignition, he

painted plastics, he broke some stuffon it. Okay, Well, now
he hasn't done anything. He won'tgive me any money, so I do
happen to know that the house thetitle both the brothers are on the title.
H It doesn't matter that the tourthat your believe me over any bike.
No one is going to uh changetitle over foreclothes. Uh. Here's

your problem is you had him forstealing the bike, absolutely had him for
stealing the bike until you said yesyou can fix it. Once you said
yes you can fix it, youthen have they have permission to keep the

bike at their place. And nowthis has become a civil manner. I
took it that. Oh okay,so all right, So what's your question?
Okay, got it? So what'syour question? How can I go
about getting money from them? Youassue them? Can you assume them and
go after the house? No,they're not going to give you a house.
How much is it going to costto fix the bikes? How about

two grand? All right? Youthink someone is gonna be able to You'll
never get a foreclosure. You gotto put a on the house and for
clothes on the house. They're notgonna take the house. You're gonna get
a judgment for two thousand dollars againsta thirty two year old and you're gonna
get a judgment. And then theproblem is they're going to say we didn't
take it, and you're gonna go, yes, you did, and they're

gonna go, no, we didn't. And then you're gonna do somehow have
to prove they did. How areyou gonna prove that? Prove they did?
I have pictures of the air tag, the vehicle being in their room.
Oh you have all those pictures.Okay, then you got to go
all right, then you have enoughproof, so you assume them for the
two thousand bucks. That's it.Oh, that's all. That's it,

small Claim's court. See him.Gee, they own the house. I
want to go after the house.I don't think so. It doesn't work
that way at all. Pamela,Hello, Pamela, welcome. Oh my
father passed away and I was namedon the property along with another person.

I'll have to go through probate.Okay, I don't know what that means.
You were named on the property.It's in the will. My name
is on the property as well asanother person's name is on the property.
Where was your dad at this point? Where was your dad on the property?
Was your dad's name on the property? Yeah? Okay, So there's

three of you whose name is onthe property? Correct? Yeah? All
right? And do you have togo yeah, well it depends on how
the property is held, but youprobably do have to go to probate.
Yeah, because you're gonna have toassuming it's not held in joint tenancy.

And that is I don't even knowif can you do join tennancy with three
people. I don't even know whetheryou can or not? But if from
where? Who wrote the quick claimdeed? Okay? And it gave it
to the two of you? Right, Yes, you're fine because he gave

up the property you now you andwho the other person owned the property?
Your dad has nothing to do withit. He quick claimed his ownership,
gave it to you. So oncehe gave it to you, when he's
alive, he has no say hisestate has going to say he doesn't own
it. There's nothing you can't leavesomething you don't own. Okay, so

you don't need probate. Yeah,it does work, all right. So
here's a takeaway. Here is thedeep, deep legal advice I'm giving you.
And you want to write this down, okay, because this is why
I went to law school and whyI practiced law for so many years and
here it is. You can't giveaway something you don't own. Okay,

got it, got it? NowI do want to share with you something
you probably do own, and that'sbad breath. And that's no fun.
It's no fun of someone's breathing onyou. I mean, that's the worst
of it. If you breathe onother people, you know, it's it's
still uncomfortable. So let me suggesta package or two or five packages of

Zelman's Mintymouth mints. That's mine rightthere. It's a little package that has
a bunch of these little capsules inthem, and what you do is you
pop two or three in your mouththat has a minty coating, and so
when that is gone, you swallowor bite into the capsule and the mint
part takes care of the breath,at least the mouth part of your breath.

And then the capsules go down inyour gut. They have parsley seed
oil and then they go to workin your gut where bad breath quite often
starts because of the foods that youeat. And that's pretty powerful and that
lost a long time. So Zelmans, that's powerful and it takes care of
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percent. Go to Zelmans use thecode handle a checkout ze l m i
ns dot com. Susie, thereyou are, Hi, Susie. What
can I do for you? Weown a motor home that we owe one
hundred and nine thousand on it bluebooksfor one oh seven, so we listed
it to try to sell it ourselvesand aren't getting any anyone looking for it.

The dealer offered US eighty thousand forit, which leads a twenty nine
thousand dollars debt. And I wasjust wondering if we stopped making cham upon
it, what would the bank doto us? Okay, the bank grabs
the grabs the motor home, allright. It effectively takes take it back
either by voluntary possession. You handthem the keys and you hand them title

or you they repossess, okay,and then a vict you throw you out
of there, and then they sellit. Oh I'm sorry, it's it's
an RV, not a motor home. I don't know if that makes it
okay, Yeah, an RV,it's same thing. It's a vehicle,
all right. It's like any car, all right. You're upside down on
the car and you stop paying.So the lean holder, the bank then
repossesses it. And they can doit either by grabbing it with a repossessing

person, you know, they grabthe car, or you hand it over
to them and do it voluntarily.Then they sell the vehicle and whatever it's
worth, which is gonna be wortha whole lot less than what you're paying.
That what you owe. You're upsidedown and you owe the difference.
You owe it, and if youdon't pay it, they simply sue you
and we'll get a judgment against you. That's what happens on our house.

No, not really, no,no, you'll just they'll have a judgment
against you. You certainly I won'thave any credit. I mean that's gone
because if there's a repossession, soyour history there and then I'm a judgment
against you for ten yous. Sowe're not not too concerned that we've never
been laid on a payment before.But that doesn't matter. Just this,

No, that doesn't matter. Thisone will do it. This will destroy
your credit and if you don't care, you don't care. Now you have
assets, yes, okay, that'sa problem because they can go they can
grab your assets. That they cando and what will happen is, I'm
assuming if the dealer is giving youeighty grand, then I'm assuming that's about

what they're going to get at auction, and you're gonna be upside down twenty
seven twenty nine thousand dollars and thenthey'll sue you for that. And then
will happen is they'll try to collectand then they're you're going to make it
difficult for them. So there yougo in with to call it judgment,

debt or examination where they haul youin and you're sitting at some table and
under the penalty of perjury, they'regoing to ask you what kind of assets
do you have? And you can'tlie about that way repirement. I'm sorry,
No, I wouldn't do that,wouldn't lie about anything. But does
that include your retirement No, no, your retirement income can't be touched in

our homes. No, homes arenot going to be able to be touched.
They're not going to lean in thehouse. They're kind of have a
judgment against you. And if youdon't care, you don't care. Okay,
well we're probably not going to dothat. But then whatever, I
mean, we can cut a dealwith a mortgage company, because then you
say you owe them twenty nine theleanholder, you own twenty nine thousand dollars

and you say, hey, you'regoing to sell it and not give very
much money, and we don't care. We're retired, and so let's cut
a deal, or we'll pay youa couple hundred let's do it for half
that price over the course of fiveyears and no interest. Then you start,
then you start negotiating with him.Okay, thank you so much.
All right, you got it,that's easy. Morris. Hello Morris.

Yes, I have a situation withthe irs. I'm going for a hearing
July. The first I was involveda few years back on a third party
breach. They want for me fivehundred and ninety two thousand dollars. Okay,
and you know and that's unbelievable.I don't know which one avenue to
take, who to see about this? Okay, that one's the and that

is easy. You have a hearingcoming up and you plan on going by
yourself, Yes, you're out ofyour mind. You are completely out of
your mind. You have to getan accountant who is enrolled with the IRS,
meaning that they have the ability toargue represent you in front of the

IRS. And you have to dothat because if you don't, you're you're
on your own man, if yougo by yourself. I mean, these
people are really good at what theydo. I mean I R S Agents,
especially when you're dealing with this amountof money they give the big boys
these cases and it's way over yourability to probably even understand what they're asking

for and on what basis. Soyou need do you have an accountant?
I know? Okay, you haveto go find one. You have to
go find and now you get todo the research accountants and you call and
enrolled agents and how experienced are youin front of the I R S.
How many of these cases have youdealt with? It's the hard part is

going to be doing the research andfinding out where to go and don't do
it by yourself, please, becauseyou'll get nailed and with the I r
s they're not fun. And thenwhat happens they can cut a deal.
You haven't even gone to the placewhere you owe the I r s because
that'll the determined at the hearing howmuch you owe them, because there's gonna

be something owed unless you're completely innocentand you've been screwed badly by third parties
that you don't owe any money.Do you think you owe any money to
them? Or are you just thinkingyou think? I don't think? Uh?
They What had happened is they sentme a refund refund checks for a
couple of years. I didn't processit because I never got a clearance on

the third party brief. Okay,so you never you never cash those checks?
No? Okay? And they andthey're saying you did cash those checks.
No, no, They sent mea letter regarding those checks that they're
outstanding. They fine, So okay, so what no no harm, no
foul on that. Well, soyou didn't cash them and they send you

a letter you didn't cash them?I mean, okay, now what that
means nothing? Denny sent me aletter is going to pay me interest,
and uh I didn't obviously. Yeah, you gotta ignore that that that has
and that has nothing to do withthis. Just ignore that because it's that's
off the table. Now, whatdo they say they owe that you owe

five hundred and forty two thousand dollarsfour for because the third party breach was
never clear? Okay, so youare so you didn't get money that taxes
were owed at all? You knowyou owe nothing to the I R S.
Did you get money from anybody orany investment? No? Okay,

then okay, then you're okay.But you need someone to help you out
because you go, I never gotany money. How do I pay taxes
on money that I never got?Now there's something called phantom income, which
you do pay taxes. But Igotta tell you I once had an issue
with the I R S and uhI've been around for a while. You

just you need some help in thatregard and so get get a good accountant
who's dealt with the I R S. And that's that's where you have to
go. Justin welcome to handle onthe law. Thank you bill. My
grandfather passed away about three weeks ago. My father is the sole heir to
the insurance policy and the property wheremy grandfather lived. However, my grandfather,

my father is a drug addict andhomeless. He's currently unable to go
and take care of the affairs,and it's unknown whether or not he'll be
able to manage the the his inheritanceproperly. What options do I have and
what potentially could happen? Okay?Is it a trust or is it a
will? It is a will?Okay, it's a will and your brother

is a sole beneficiary and he isin case my father, your father,
do you know where he is inTexas? Okay? Can you track him
down? I know where my fatheris. My grandfather passed away and tex
Yeah. No, I understand youprobably know where your grandfather is because usually
after they're dead and buried, theydon't move around very much. So yeah,

so that's fair to say you knowwhere he is now. The easiest
way for you to deal with yourdad? Do you like your dad?
Do you have a reasonable relationship withyour dad? Do you want to help
your dad? What? And mydad is depending on me to help him?
Okay? Here, okay, thisbecomes really easy. You go in
and get a conservatorship and explain tothe judge why, because that's no judge

is going to say no to that, justin. And then you have complete
control of all of the finances onbehalf of your father. And there's a
bunch of avenues because you can doanything you want. You can set up
a trust, you can set upa bank account and pay your dad's bills.
You can move him into a facility. Effectively, what your dad would

have is the kind of protections,the ownership as if he were able to
take care of himself. Who's thewho's the executor under the will? I
I don't know. I am currentlyin the process of finding out. Okay,
you can pull the will. Certainly, it's a public it's a public

document, justin, so it's nothard to get and once you will actually
it's once it's probated. It's apublic document. Until then, if you
can't find a will, there isno will, who would have Who would
have the will? It would probablybe a family member who took care of

him. Okay, then then whatyou do. If there is a family
member and there is a will,then it has to be probated. As
far as the bank accounts. Ifyour name is on the bank account,
then that doesn't have to be probated. All you do is write checks out
of that account, so it wouldonly be the property that would be transferred

per uh, the executor and youthen asking for you're asking for the conservatorship
and you control it. You know, what you want to do is go
to a trust and a state lawyeron this one, justin because it's good
for you and literally good for yourdad that you're around. Let me tell

you if he's a very very luckyguys, even with all his hassles.
Between the bank account and the valueof the property, how much money are
we talking about the the ten acres? And I don't know the value of
the insurance policy? Yeah, okay, I'm afraid to call an app all
that information since I'm not the heiror the person's Yeah, that's why you

can. And when you have aconservatorship and based on what the affidavits that
you're presenting to the court, you'regoing to have access to everything. And
you know, good for you fordoing that. And you know, and
your dad is really lucky and hemay very well be the richest person on

the streets out there in a while. Oh, Doraen, Hi, Doreen,
Hello, sir, how are you? I'm horrible, but that's okay.
What question do you have? Oddsituation? I took a mink coat
to a furrier in the state ofMichigan where I lived, to be stored

for the summer. When I calledto make an appointment to pick it up,
they said, oh, you don'thave to drive an hour and a
half. We can bring it toa town in Indiana that's ten minutes from
my house. You wait two weeks, I said, signe. The morning
I was to pick it up inIndiana, I got a phone call from
a furrier in Indiana who said mycoat was stolen. Very confused because my

coat was in Michigan, I said, no, we own both furriers.
We went up and picked up yourcoat and it was in a meeting room
in a hotel in Toledo for ashow before we brought it to it again,
so it was stolen. So youdon't have access to it. It's
just done. It's gone right,right, okay. How much is the
value of the coat? About eightthousand dollars. That's your lawsuit, small

claim suit against the furrier that youoriginal that you have the contract with.
In other words, the one you'repaying that took the coat and stored it.
And it doesn't matter who they gaveit to. It doesn't matter what
happened. You're out of coat.They're responsible for taking care of your coat.
It's an eight thousand dollars hit smallclaim scourt. That's it really easy,

just as small claims, just asmall I don't know Michigan. You
know what, I don't know whatthe limits in Michigan are, frankly,
but you know what, let meask. I have my little siri here,
Hey, siri, what are thesmall claims limits in Michigan. Let

me see Michigan courts. True.Here it comes seven thousand dollars is the
most you're going to get in Michigan. So if you want to go to
superior court, if you want togo, you're probably allowed to go in
the higher court because you're over seventhousand dollars clearly. Or you suck up

one thousand dollars of it and yougo to small claims court, you'll get
yourself a judgment. Okay, theticket I got when I when I left
the coat, and this is Iwas told by my insurance company and their
insurance company that all spurs are insuredonly up to two hundred dollars maximum.

That that is for every fur.Yeer, it doesn't matter what they're insured
for. They still ow the money. They still have the money. That's
their issue with the insurance. Okay, you know, I mean, so
what what if it's one hundred dollars? What if they have no insurance?
Does that mean they'd don't owe youthe money? Of course they do.

So you get your choice. Suckup that thousand dollars or go to court.
I mean, I don't know whatkind of defense they have. All
right, Well, first of all, let me tell you about NetSuite.
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office suite, NetSuite dot com slashhandle. Now, before we leave,
I got a few calls up.For those of you that are on hold.
You stay put because I'm going toget the I'll get the phone calls
and I'm going to keep on goingfor probably about forty five minutes. And
I'm doing this off the air,so as you can imagine, I go

through them very quickly, and asyou know, I have so much patience
with callers that I go through thesevery quickly. The number the same as
always, eight hundred five two zeroone five three four eight hundred five two
zero one five three four. Thisis handle on the law
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