Speaker 1: You're listenings KFI AM six forty The bill handles show
Speaker 1: on demand on the iHeartRadio f This is handle on
Speaker 1: the law marginal legal advice where I tell you you
Speaker 1: have absolutely no case. Oh man, is this a fun one?
Speaker 1: This is out of North Carolina. Now, North Carolina is
Speaker 1: one of the few states in the United States that
Speaker 1: allow jilted spouses to sue someone for interfering in the marriage.
Speaker 1: California does not. Most states do not. You can interfere
Speaker 1: all you want in someone's marriage. Consenting adults can do
Speaker 1: anything they want married not married.
Speaker 2: Sex, no sex doesn't matter.
Speaker 1: However, California or North Carolina allows jilted spouses to sue,
Speaker 1: and that's what happened.
Speaker 2: This is out of Durham. This North Carolina woman.
Speaker 1: Has sued and will receive one point seventy five million
Speaker 1: dollars because the jury found the woman liable for destroying
Speaker 1: the couple's marriage. Okay, so lawsuit filed accusing Brene Kennard.
Speaker 1: And she's an influencer on TikTok with three million followers
Speaker 1: two hundred and seventy four followers on Instagram. The meantime,
Speaker 1: what she is accused of is seducing and having an
Speaker 1: affair with her manager, and the jury found her liable
Speaker 1: for criminal conversation. Is what they call it an alienation
Speaker 1: of affection. Basically, I had a good relationship, a good marriage.
Speaker 1: You came in, you stole my spouse, and here I
Speaker 1: am having been jilted. The emotional damage, the financial hit,
Speaker 1: and so the jury found her liable what they call
Speaker 1: criminal conversation.
Speaker 2: Alienation of affection.
Speaker 1: That someone can be blamed for an affair that ends
Speaker 1: marriage and you know the damages, mental anguish, damage to
Speaker 1: her health, depriving her children of a two parent household,
Speaker 1: and it goes on and on and on. Now California
Speaker 1: doesn't allow this, but one of the fun fun causes
Speaker 1: of action in California is a loss of consortium, which
Speaker 1: means that if you've done something to me and your
Speaker 1: negligent and I no longer can have sex or have
Speaker 1: a good relationship with my wife, you can be sued
Speaker 1: by my wife. It's not my lawsuit against you, it's
Speaker 1: loss of consortium. She in this case, she has lost
Speaker 1: her ability to have a relationship with me, be it
Speaker 1: sexual or otherwise, as a result of your wrongdoing. Usually
Speaker 1: this happens in car cases, car accidents and loss of consortium.
Speaker 1: It doesn't fly very often because keep in mind, you've
Speaker 1: got a jury that's trying to figure out what the
Speaker 1: damages are with loss of consortium, and you've got someone
Speaker 1: on that jury, inevitably some old guy who goes, hey.
Speaker 2: I haven't gotten laid in five years. I'm gonna give
Speaker 2: her money.
Speaker 1: For that great case out of North Carolina. Right, love
Speaker 1: it alienation of affection. Let's take some phone calls. All right, Bob, Hello, Bob, welcome.
Speaker 3: Hi Bob.
Speaker 2: No, I'm Bill. You're Bob.
Speaker 3: Yes, yeah, two questions for you. I'll try to doing
Speaker 3: one quick. I we're going to food processing plant. And
Speaker 3: you know, if you make things that are organic, you
Speaker 3: get to bump the price up quite a bit. It's
Speaker 3: a scam.
Speaker 1: Yeah, everything that says organic as a scam. I just
Speaker 1: to let you know, no one knows what organic means.
Speaker 2: Bob.
Speaker 3: No, there's it's it's it's tangled web of regulations.
Speaker 2: No I believe it. No, Bob, No, I believe it.
Speaker 2: I'm not arguing that.
Speaker 1: But what I'm saying is organic it's a huge amount.
Speaker 2: It's not so much a scam.
Speaker 1: It's just the people can charge more money than they
Speaker 1: do and it's yes, I.
Speaker 3: Agree it's a scam because they say it's certified. Oh
Speaker 3: it's a scam any Anyway, what I'm saying is that
Speaker 3: we're self regulated, and I want to know, is it
Speaker 3: illegal for me to tape videotape? No and go to
Speaker 3: a lawyer.
Speaker 1: No, you can, well it's private property. I mean they're
Speaker 1: going to throw you out obviously me. Yeah, of course
Speaker 1: you will. And then you do a whistleblower. But no
Speaker 1: lawyer is going to take it that I know. I mean,
Speaker 1: what do you You're gonna assume him it's a class
Speaker 1: Maybe it's a class action suit. Could be because you've
Speaker 1: got enough enough plaintiffs out there who have bought it.
Speaker 2: Is it a big company, Yes it is. Okay, then
Speaker 2: you know what I would do.
Speaker 1: I would take it to a class action law firm
Speaker 1: and you can look it up and ask them what
Speaker 1: to do.
Speaker 2: Because if you really want to do any website, I
Speaker 2: don't think I have any class action lawyers. You can look.
Speaker 1: You can go to handle on the law dot com
Speaker 1: and say are there any class action lawyers on there?
Speaker 1: Because the fellow that runs at mark Is is a
Speaker 1: phenomenal lawyer. He does personal injury and he's the one
Speaker 1: that runs the entire website and you can just ask
Speaker 1: do you have any class action lawsuits?
Speaker 2: Lawyers?
Speaker 3: The second quick, second quick question is is so last
Speaker 3: week I went bar association and they give me a
Speaker 3: three thirty minute lawyer talk. Okay, he gave hand advice.
Speaker 3: You just did. And except that, is that privileged? You've
Speaker 3: not in pay for it?
Speaker 1: No?
Speaker 2: Oh yeah, of course it's privileged.
Speaker 1: It's still a lawyer. Whether you pay for a lawyer
Speaker 1: or not. Any conversation with your lawyer is privileged. So
Speaker 1: the payment part has nothing to do with the privilege
Speaker 1: attorney client privilege.
Speaker 3: Okay, yeah, I was I was told that you had
Speaker 3: to have a retainer for it.
Speaker 2: DEVI no, no, no, no.
Speaker 1: Even advice, even advice, just straight out advice is privileged.
Speaker 2: So I wouldn't worry about it.
Speaker 1: If you want to really nail your that company and
Speaker 1: not a matter of fact, you could just quit and
Speaker 1: not worry about retaliation or whatever and then go to
Speaker 1: the lawyers and go what do I do? And if
Speaker 1: there is evidence and you have it, say you're going
Speaker 1: to do Okay, you'll be a lead plaintiff. I mean,
Speaker 1: right now, all you can do is try to shut
Speaker 1: him down, because what are your damages?
Speaker 3: Bob?
Speaker 2: You're not damaged by working there. Do you see what
Speaker 2: I'm saying?
Speaker 3: Well, not damage, but you know, forcing me to lie.
Speaker 2: No, they're not. You can quit damage. No they're not.
Speaker 2: They're not forcing you to lie. They're not holding a
Speaker 2: gun to your head.
Speaker 1: They're simply saying, here's what you want you to say,
Speaker 1: and uh, and you say it's a lie, and they go, okay,
Speaker 1: it's a lie. Or if you think it's a lie,
Speaker 1: then quit. They're not forcing you to do anything. Yeah,
Speaker 1: I mean, there's no.
Speaker 2: Gun to the head. This is handle on the law.
Speaker 1: This is handle on the law marginal legal advice where
Speaker 1: I tell you you have absolutely no case.
Speaker 2: Dennis, Hello, Dennis, Yeah, sure up. Welcome to handle on
Speaker 2: the law.
Speaker 4: Okay. So I had a property grant need it to
Speaker 4: me by a guy that was about to lose it
Speaker 4: to uh going up for auction due to unpaid property taxes.
Speaker 4: So he was granted it to me before it was
Speaker 4: it was it was also grant needed to him. So
Speaker 4: when I gave it to you.
Speaker 2: Wait a minute, hold on a minute, hold wha, wha, wha,
Speaker 2: wha wha. Wait a minute, I'm a little confused here.
Speaker 1: Okay, he is the owner and he's about to lose it,
Speaker 1: so he grant needs it to you correct?
Speaker 3: Correct?
Speaker 2: Okay, so where is he? So who grant needed it
Speaker 2: to him?
Speaker 4: Another guy that owned the property, Okay, go about to
Speaker 4: lose it.
Speaker 1: Okay, Well, so it goes from one guy who's about
Speaker 1: to lose it to another guy who's about to lose it,
Speaker 1: and you end up with it.
Speaker 4: Yes, and I've paid the property taxes and I'm preparing
Speaker 4: to list it and letter comes back. He goes, hey,
Speaker 4: it's a cloudy title. You know, there's there's notary fraud.
Speaker 4: We need to clear this up so I can have
Speaker 4: something with an underwriter. I don't remember exactly, but it
Speaker 4: has to be cleared up.
Speaker 2: Okay.
Speaker 4: So they hire they hire somebody to find these two
Speaker 4: guys and go, hey, give us your social so we
Speaker 4: can verify that you have no lians or anything against you,
Speaker 4: because apparently if you have a lean they can come
Speaker 4: after and take the property for me. Or satisfied that
Speaker 4: they can't, mean, yeah they can. So the first guy
Speaker 4: was fine, we got a social he had nothing on him.
Speaker 4: The second guy wouldn't cooperate at all, and so how
Speaker 4: did I say this?
Speaker 3: The very first.
Speaker 4: Guy involved in this process is the one that wouldn't cooperate.
Speaker 4: So they go, Hey, we don't even need his full
Speaker 4: social we already have his full name. We just need
Speaker 4: the last four. Guy won't give me the last four
Speaker 4: of his social site, said screw it, Okay, I just
Speaker 4: gave him four.
Speaker 1: Gave him Dennis, did you, by the way, did you
Speaker 1: end up paying for this property?
Speaker 4: Well? I haven't. No, I'd paid nothing for it other
Speaker 4: than paying for the property taxes.
Speaker 2: Okay, So why did he So? Why did he give
Speaker 2: it to you?
Speaker 4: He just wanted to get out of it?
Speaker 2: What is it? What is is? What is is your
Speaker 2: relationship with you?
Speaker 4: Uh? He is a friend of a business partner of mine.
Speaker 4: That's sort of it's it's kind of a long story,
Speaker 4: but he felt somewhat intimidated to get out of that party.
Speaker 2: Jenness.
Speaker 1: I mean, by the way, to let you know, that's
Speaker 1: not legal to dat a property.
Speaker 2: Uh, just to avert taxes.
Speaker 1: Uh that that can be unraveled in two seconds.
Speaker 2: Was there title insurance on this?
Speaker 4: Well, that's the whole purpose clearing up the cloudy title.
Speaker 4: So I've already paid all the property taxes to.
Speaker 1: Was there was there was their title insurance when you
Speaker 1: walked in and took title?
Speaker 2: Was there title insurance? Was there a policy in place?
Speaker 4: No?
Speaker 2: Okay, now you so you've clearly been defrauded.
Speaker 1: Okay, somebody lied about something throughout that process. Uh. And
Speaker 1: you have something that can be unraveled in two seconds.
Speaker 4: Because even though even though now the realtor says, okay,
Speaker 4: we're listing it, we've we've cleared everything up with this
Speaker 4: underwriter and this title insurance.
Speaker 1: If he's if he's cleared everything up and there's no
Speaker 1: one going to grab it, you're home free.
Speaker 2: What's the problem.
Speaker 4: It's based on an inaccurate social So because the original
Speaker 4: guy that did the first grant, he wouldn't give me
Speaker 4: his social right.
Speaker 2: So that's okay.
Speaker 1: So you sue him, uh and part of the industry,
Speaker 1: and then you you bring him in, ask for a deposition, Uh,
Speaker 1: ask the world documents.
Speaker 4: What I'm saying is I made up four numbers and
Speaker 4: I gave it to this title insurance company, and they go, okay,
Speaker 4: this guy, these are the numbers.
Speaker 2: Okay, us on him credit. You made up those numbers, right, Dennis. Yeah, Yeah,
Speaker 2: that's fraud.
Speaker 4: Okay, that's fraud on my part.
Speaker 2: Yeah.
Speaker 1: Okay.
Speaker 4: So even though the title insurance company did their search.
Speaker 2: Let me tell you.
Speaker 1: If you don't get let me give you here is
Speaker 1: if it goes through and the title transfers to you,
Speaker 1: then I guess you just shut up and you got
Speaker 1: away with it.
Speaker 4: Okay.
Speaker 5: And then so what if now I'm going to sell
Speaker 5: this property. So if I sell it, somebody buys it,
Speaker 5: and then four months down the road, some creditor comes
Speaker 5: back because of that original grand deed?
Speaker 3: Does this all get brought.
Speaker 4: Back to me? H?
Speaker 2: Creditorsues you?
Speaker 4: Or because because the title insurance company assumed that everything's fine,
Speaker 4: the social has no priority.
Speaker 1: It doesn't See I don't understand what the what the
Speaker 1: title company has to do with social security numbers. They
Speaker 1: just look, see who has title? If it's you, it's you.
Speaker 5: Well, no, it's something that's something that had to do
Speaker 5: with clearing up the closs.
Speaker 1: I understand, but clear I don't understand where social security
Speaker 1: numbers have to do with clearing up, uh, the transfer
Speaker 1: unless it's not that person who transferred and it so yeah,
Speaker 1: you got, you know, you got to mess on your hands.
Speaker 1: I mean, I don't even know where to go with that.
Speaker 2: Yeah, I lied, and then the other guy lied, and we.
Speaker 1: Did this to avert taxes and basically we're cheating the
Speaker 1: tax authorities by moving it twice. Yeah, that doesn't sound
Speaker 1: particularly good.
Speaker 2: Natalie, Hello, Natalie, welcome.
Speaker 6: Yeah.
Speaker 7: I have a question regarding solar channel. Three years back,
Speaker 7: with one company we signed up. The salesperson promised us
Speaker 7: some money and then they installed the panel on three
Speaker 7: years back, one Monday, and then he said Friday he
Speaker 7: will bring the money. And then Friday I called him.
Speaker 7: He didn't response. After a week, different solar company called us.
Speaker 7: Then they said this company sold.
Speaker 2: Okay, that doesn't matter. That doesn't matter.
Speaker 1: It doesn't matter because if company sells or buys, you
Speaker 1: bought all the liabilities too. Do you have the promise
Speaker 1: to return four thousand dollars to you in writing?
Speaker 7: That's what he texted me, like money something. We texted everything,
Speaker 7: all the proof to the.
Speaker 1: Person with Okay, Natalie, let me ask you again, is
Speaker 1: the promise to send you four thousand dollars in writing? No?
Speaker 7: Only text? They said, that's fine.
Speaker 2: Well, text is different. Hold on, hold on.
Speaker 1: So the text from the company says, we will pay
Speaker 1: you four thousand dollars. Correct, Yeah, the salesperson did, yeah,
Speaker 1: and texted you that you're going to get four thousand
Speaker 1: dollars back. Yeah, okay, take them a small claims course,
Speaker 1: four thousand dollars.
Speaker 7: So then the new company, we send.
Speaker 8: All the proof.
Speaker 1: Yeah, yeah matter, you sue the new You sue the
Speaker 1: new company, doesn't matter, Just sue them for four thousand dollars.
Speaker 2: And you bring and you bring the text, and you
Speaker 2: bring the.
Speaker 1: Text from uh, the old company, uh, from the salesperson.
Speaker 1: And the text was way later. Was it just before
Speaker 1: the company was sold? Yeah, okay, that's that's a little
Speaker 1: problematic because there's nothing in writing that says beforehand.
Speaker 2: It's just just before the company is sold.
Speaker 1: The salesperson gets you get four thousand dollars here. I mean,
Speaker 1: he could have sent you anything. You could have said
Speaker 1: fifty thousand dollars. There's nothing in the original contract. I mean,
Speaker 1: you can sue for four thousand. But you know, the
Speaker 1: new company's going to say, hey, this guy wasn't authorized
Speaker 1: to do that.
Speaker 2: He just did it. And it's after the fact, and
Speaker 2: it wasn't part of the deal.
Speaker 1: And here's the contract that shows, all of a sudden
Speaker 1: you come up with, Well, he promised me four thousand
Speaker 1: dollars three years later.
Speaker 2: That's going to be tough. That's going to be tough.
Speaker 7: But I have a diffare I have a question? And
Speaker 7: they we sent all the information and then they said
Speaker 7: we will contact you for one of our years. Nobody
Speaker 7: called officer and somebody called. We didn't get the connection yet.
Speaker 7: I told them, no, I already have the play we
Speaker 7: also okay.
Speaker 2: I don't understand. So they promised to call you and
Speaker 2: they didn't call you.
Speaker 8: Yeah, one of the d Okay, what is that?
Speaker 2: What does that? What does that have to do with
Speaker 2: owing you four thousand dollars?
Speaker 7: No, they said. I told them we have some problem
Speaker 7: with the primary resident. They are not taking care of that.
Speaker 7: So we told them all these issues has to be
Speaker 7: done before the author is to give the connections. And
Speaker 7: after three years now my tenants they don't want because
Speaker 7: they are getting good.
Speaker 1: Okay, Well, I mean it doesn't it doesn't matter if
Speaker 1: they want or not. Who turns down a solar system outside?
Speaker 1: I mean, the tenants can't say no, I'm not turning down,
Speaker 1: you know, a solar system, because that doesn't make an issue.
Speaker 7: They don't want to pay I have to pay for
Speaker 7: my old of course.
Speaker 2: You have to pay for it. These are tenants.
Speaker 1: Yeah, yeah, why should they pay for you installing a
Speaker 1: solar system?
Speaker 7: Well they wanted We asked them. They said, oh, it's nice, Yeah,
Speaker 7: we want to. But the three years is there an art?
Speaker 1: Wait a second, yes, it's nice. Did they agree to
Speaker 1: pay for it? Do you have that in writing? No,
Speaker 1: you got nothing, You've got nothing.
Speaker 2: Wow. This is Handle on the Law.
Speaker 3: You're listening to Bill Handle on demand from KFI AM
Speaker 3: six forty.
Speaker 1: Welcome back, Handle on the Law, Marginal Legal Advice.
Speaker 2: Emily. Hello, Emily, welcome.
Speaker 4: I know how are you?
Speaker 2: Yes, ma'am? What can I do for you?
Speaker 8: I'm seeing my doctor from malpractice, okay, and I'm writing.
Speaker 8: I don't have a lawyer, and I'm writing the complaint myself,
Speaker 8: and I've done a lot of research about what happened,
Speaker 8: and I know I have a case. The lawyers have
Speaker 8: said I have a case, but it's not economically feasible
Speaker 8: to take the case. So I'm writing the complaint and
Speaker 8: I need to know. I've read a couple of things.
Speaker 8: One about punitive damages, and you can.
Speaker 2: Kiss that one good bye.
Speaker 1: Oh why there's because you have to show malicious intent
Speaker 1: that the doctor wanted to screw you or hurt you,
Speaker 1: or is or had so little experience uh in doing
Speaker 1: the surgery that he had no business ever doing the procedure.
Speaker 3: Okay, well it wasn't the surgery.
Speaker 8: It was he described an overdose of a drug for me.
Speaker 2: Okay, So he made a mistake. So he made a mistake.
Speaker 8: Wait, wait, there's so much more that was also contraindicated
Speaker 8: for me because of my heart.
Speaker 2: I get it, I understand. So he made it. So
Speaker 2: far he's made mistakes.
Speaker 8: Okay, let me just okay, when when when the when
Speaker 8: the saw of sex appeared and and we called I
Speaker 8: called the doctor. I didn't know that it was the
Speaker 8: drug that was causing them. He went after the phone call,
Speaker 8: he went to my medical records and he wrote that
Speaker 8: he stopped the drug.
Speaker 2: Okay, so he lied.
Speaker 1: Okay, that's punitive damages.
Speaker 8: Yeah.
Speaker 1: By the way, all right, all right, if you can
Speaker 1: prove that that may go in that may go into
Speaker 1: punitive damages, Okay, that that alone may have crossed the line.
Speaker 2: How badly. Were you damaged?
Speaker 8: I'm still damaged.
Speaker 2: Okay, you have permanent damage.
Speaker 1: You have permanent damage, and no lawyer will take a
Speaker 1: case when you have a doctor who lied. By the way,
Speaker 1: just because he lied doesn't mean that it was where
Speaker 1: the bad faith is? Is him lying about it? How
Speaker 1: is his lying about it change your damages?
Speaker 8: What do you mean?
Speaker 2: Okay, here's what he did.
Speaker 1: He goes and he prescribes the wrong, wrong prescription and
Speaker 1: goes into the medical records, looks at it and said
Speaker 1: I changed you know, or I didn't do it wrong.
Speaker 2: Okay, fair enough.
Speaker 1: How does that connect with your damages from his initial
Speaker 1: giving you too much? He's just lying to get out
Speaker 1: of it, is what he's don doing. How does that
Speaker 1: change what happened to you?
Speaker 8: Well, in law, the drug was a dangerous drug for me,
Speaker 8: and so in lying, I ended up having to spend
Speaker 8: weeks of of circe.
Speaker 2: Okay, wait a minute, in wait a second in line.
Speaker 1: So he knew that you were going to it's contraindicated.
Speaker 2: He let it happen, and he lied about it.
Speaker 1: Okay, all right, okay, all right, that that may be
Speaker 1: over the line. Okay, So now, uh, when we talk
Speaker 1: about permanent damage?
Speaker 2: What kind of permanent damage?
Speaker 8: It's so it's PTSD kind of damage I have.
Speaker 2: Oh yeah, that's hard, that's hard. That's really hard. Yeah,
Speaker 2: that's hard to prove. No, no, no, no, but.
Speaker 8: I do have I do have a psychiatrist who I've
Speaker 8: talked to now for a year. Well, I've talked about
Speaker 8: this with and she has I don't know.
Speaker 1: Well, if you have a psychiatrist, you can talk about
Speaker 1: how damaged you are with PTSD and you have that
Speaker 1: much proof.
Speaker 2: Of a doctor.
Speaker 1: You know?
Speaker 2: How did know? How does no lawyer pick that up?
Speaker 1: Because you if you're talking forever damage, you have a psychiatrist.
Speaker 1: It's willing to testify to that.
Speaker 3: That.
Speaker 1: Now, how far is your PTSD? You don't function, You
Speaker 1: can't live your life the way it is. You sound
Speaker 1: to me like a normal person. I mean you're not stuttering.
Speaker 8: So yeah, well, you know, I don't sleep. I can't
Speaker 8: sleep because I have these horrible dreams because I'm unconscious
Speaker 8: for a while, I was unconscious after I took the drug.
Speaker 4: Yeah no, I'm not.
Speaker 2: Arguing that all right. So how many lawyers have you
Speaker 2: talked to? A lot?
Speaker 1: You know what I can't tell you? You know I
Speaker 1: don't do personal injury. It seems to me that you
Speaker 1: would find once. So there has to be something there
Speaker 1: where you saying you saying I don't sleep, I have nightmares.
Speaker 1: I mean, the psychiatrists can't be psychiatrists can't say you
Speaker 1: are having nightmares. All the psychiatrists can say is you're
Speaker 1: telling me you're having nightmares, right, yeah, and that may
Speaker 1: be the problem out.
Speaker 2: So I don't know what to tell you.
Speaker 1: And by the way, you're you're going to have to
Speaker 1: prove you're going to do your own malpractice case.
Speaker 2: Wow, it's done.
Speaker 8: Well, it's actually done. I'm just writing the complaint now.
Speaker 2: No, I understand. Uh, you've been. It's been.
Speaker 1: You've gotten someone to certify it medically, right, not you?
Speaker 2: No, you have to.
Speaker 1: You can't file a lawsuit until you have a certification
Speaker 1: by a doctor. They'll toss it right out. They'll toss
Speaker 1: it right out. And you're gonna hire and you're gonna
Speaker 1: have to bring in experts. So your psychiatrist is going
Speaker 1: to have to sit there and testify, okay, and they're
Speaker 1: going to bring in their side because they don't roll over.
Speaker 2: And if I don't let me.
Speaker 8: Ask you a question, if she was a doctor's lawyer,
Speaker 8: would you want him to go to a deposition and
Speaker 8: answer the question did you write? Did you write?
Speaker 1: He has no question, he has no choice, so that
Speaker 1: he may just lie. He just may lie on a deposition. Okay,
Speaker 1: Now what real people, there's no repercussions for that. People think, oh,
Speaker 1: perjuryal No one.
Speaker 2: Pays attention to that. People lie all the time.
Speaker 1: And so in one of the most difficult trial cases
Speaker 1: you can do are medical malpractice cases. I know most
Speaker 1: lawyers wouldn't touch a medical malpractice case because they're so complicated.
Speaker 1: So you're going to argue your own med mail case? Wow, am, okay,
Speaker 1: good luck. Let me know how it goes. I can't wait.
Speaker 8: I will, I will. You know what you should not give?
Speaker 8: You should not get away with this, he could.
Speaker 2: I understand. No, No, I get it.
Speaker 1: I don't, Emily, I don't disagree with you.
Speaker 2: All I'm saying is, uh, you know, for.
Speaker 1: Example, if you go to trial on this, uh, there'll
Speaker 1: be a court reporter there that you have to pay for. Okay, okay,
Speaker 1: and that's thousands of dollars a day. I mean, you
Speaker 1: are in for a lot of money and you're you're
Speaker 1: going to be up against someone who has defended medical
Speaker 1: malpractice cases for years and years. I got to oh,
Speaker 1: you're in for it. I mean you're in for a ride.
Speaker 1: I mean, good for you for doing that. Huh, Hello, Brenda.
Speaker 3: Welcome, Thank you Bill.
Speaker 9: My husband recently passed and he had like three credit
Speaker 9: cards that have outstanding steps still remaining. One of them, well,
Speaker 9: actually two of them. I talked with them and they
Speaker 9: said that I don't need to pay anything now that
Speaker 9: they won't accrue late thees or interest charges and it's
Speaker 9: been turned over to their probate department. I don't know
Speaker 9: what that means.
Speaker 1: Well, that means, well, it's probate department. You just have
Speaker 1: a credit card people, right, yes, okay. Probate department is
Speaker 1: the people that deal with exactly what happens dead people
Speaker 1: that have credit card balances who and they can go
Speaker 1: against the estate because the credit card balance is still owed.
Speaker 1: I say, your husband had ten thousand dollars in credit
Speaker 1: card that they're still entitled the ten thousand dollars. And
Speaker 1: what the probate department does is find out is there
Speaker 1: in a state is it because it's a creditor, they're
Speaker 1: a legitimate creditor and they get to find out is
Speaker 1: there money in the estate to pay for it.
Speaker 2: If there isn't much, they just don't even care. They
Speaker 2: write it off. What is the amount of money that's
Speaker 2: owed on these credit cards, Brenda?
Speaker 9: One credit card is twelve thousand, the other two are
Speaker 9: on the list of five.
Speaker 2: Well, I mean twelve thousand.
Speaker 4: Yeah.
Speaker 2: Yeah, they may look at it.
Speaker 1: And we'll contact there's going to be a probate open,
Speaker 1: I'm assuming correct, Brenda.
Speaker 9: I don't know what that means.
Speaker 1: Okay, the assets that your husband have, is there a
Speaker 1: lawyer handling what the assets are the bank accounts, etc.
Speaker 1: Or is everything in both your names? Where nothing?
Speaker 9: Oh?
Speaker 1: Well nothing for example, checking accounts, etc. It's all in
Speaker 1: both your names and you're the only one left.
Speaker 9: No, I have my checking account in my name. I
Speaker 9: did add my husband to it, but all of his
Speaker 9: accounts were in his name, and we have our home
Speaker 9: is in a trust and that's all he had.
Speaker 2: Okay, So how much money in accounts did he have
Speaker 2: in his name?
Speaker 9: About four thousand?
Speaker 2: Yeah, I think they're going to write it off.
Speaker 1: You just contact the probate and just say hey, listen,
Speaker 1: his assets are only four thousand.
Speaker 2: This was his debt.
Speaker 1: I mean, they can argue that they're not going to
Speaker 1: I think you're going to be okay on this one.
Speaker 2: I wouldn't worry about it.
Speaker 1: Maybe look up with the word probate means in the dictionary.
Speaker 2: Maybe that's the help. This is handle on the law.
Speaker 1: Welcome back, marginal legal advice where I tell you have
Speaker 1: o case married.
Speaker 2: Hello married, Welcome, Hi. I feel how you doing?
Speaker 3: I have a case of solistational prostitution.
Speaker 1: Wait wait, you have a case of uh wait wait wait,
Speaker 1: solicitation of prostitution.
Speaker 2: Yes, sir, okay, so you were a I should have
Speaker 2: called you John instead of married. Is that correct?
Speaker 6: So the recordings, uh, they have tempered with the recordings.
Speaker 6: There's many things. There's a lot of things missing, and
Speaker 6: there's things that I didn't say. So how do I
Speaker 6: go about befriending myself.
Speaker 2: That's a trouble.
Speaker 1: That's a problem because the only recording is theirs And
Speaker 1: you can argue I didn't say that, Well, yeah you did,
Speaker 1: here's the recording, or you edited the recording. I said
Speaker 1: things that are not on the recording. I got to
Speaker 1: tell you, how the hell do you prove a negative. Now,
Speaker 1: if you think it's been edited, you can have a
Speaker 1: part of your defense is bring in an audio specialist
Speaker 1: and say this has been edited, and the specialist goes
Speaker 1: in and goes.
Speaker 2: Edit here, edit there, edit there.
Speaker 1: I don't think the cops are going to the DA
Speaker 1: is going to bring in an expert, an audio expert,
Speaker 1: to defend I mean, you know, solicitation.
Speaker 2: I'm sorry, I can bring my own experts.
Speaker 1: Now, they have to be expert experts, Okay, Marrit, We're
Speaker 1: not talking about just someone's opinion. Someone who is has
Speaker 1: probably testified before. That's for starters and has experience. And
Speaker 1: these guys are not cheap. I mean be prepared for
Speaker 1: five six thousand dollars for the day.
Speaker 6: I mean the police, he's got the verified I'm sorry,
Speaker 6: once they say they're testified, has been edited, can I
Speaker 6: see the police.
Speaker 2: No, you'll never be able to sue the police. I know, no, No.
Speaker 1: The best you're going to do is get off. And
Speaker 1: by the way, let me ask you, let me hold on,
Speaker 1: let me ask you a question. And I'm uh, and
Speaker 1: I don't want you to.
Speaker 2: Admit it, so just nod your head or be silent. Okay.
Speaker 1: And this is radio so I'm gonna have to guess
Speaker 1: whether you're not. Uh, do they actually have you doing that?
Speaker 1: And don't say yes or no, just say maybe maybe
Speaker 1: they misunderstood, because I don't want you to admit this,
Speaker 1: because that's not gonna help.
Speaker 2: You know what.
Speaker 1: Don't don't even answer that. Don't even answer that. What
Speaker 1: did the woman police officer look like?
Speaker 3: No, she was dressed appropriately.
Speaker 6: She doesn't look like a prostitute. And my conversation was
Speaker 6: completely different than Okay, all right.
Speaker 1: Well that's okay, Well that's your testimony. But they have
Speaker 1: you on tape sounding like you were having a conversation
Speaker 1: relating to prostitution.
Speaker 3: Yes, okay, and some of us it's not my boy,
Speaker 3: it's not me.
Speaker 2: Oh if it's not you, then okay. If you, then
Speaker 2: i'd bring in an expert. Are you married? Oh so
Speaker 2: you don't have a spouse to yell at you?
Speaker 1: Okay, I mean, I don't know. It's a good question,
Speaker 1: it really is. I mean, it's an interesting case, to
Speaker 1: say the least.
Speaker 2: Depends on how badly.
Speaker 1: Yeah, you have to bring an expert in. You're gonna
Speaker 1: have to hire an expert, and you certainly need a lawyer. Clearly,
Speaker 1: I mean, it's going to cost you in the thousands
Speaker 1: of dollars. But it depends on you know how badly
Speaker 1: you want to not get convicted of solicitation or prostitution.
Speaker 2: I mean it's a misdemeanor.
Speaker 1: Uh, it's uh, I'm sorry.
Speaker 3: They offer, you need to dismiss the case.
Speaker 6: If I pay money and go to a class or something, I.
Speaker 1: Would If they offer to dismiss the case, I would
Speaker 1: do that.
Speaker 2: Take the damn course.
Speaker 1: Whatever the fine is is going to be far less
Speaker 1: than hiring a lawyer. If they dismiss it. That's where
Speaker 1: I That's where I would go. But they're I mean
Speaker 1: dismissing the case.
Speaker 2: How much money? How much money? How much money they
Speaker 2: want you to pay? John, I'm married, about fifteen dollars.
Speaker 2: Pay it, get the get it dismissed.
Speaker 1: It's going to cost you at least ten thousand dollars
Speaker 1: to defend and then you don't know if you're going
Speaker 1: if it and even a.
Speaker 2: Chance to get convicted. I wouldn't do that.
Speaker 1: So you're paying uh, thousands of dollars, maybe in the
Speaker 1: tens of thousands to take a chance, whereas if you
Speaker 1: pay the fifteen hundred dollars you take the course.
Speaker 2: You know, I don't you know how not to hustle
Speaker 2: a whore. I don't know what the hell they call
Speaker 2: a horse the course? Oh that almost rhymes you know that?
Speaker 1: And I guess you know if a strange person comes
Speaker 1: up to me and starts saying, hey, sailor, and you
Speaker 1: just simply say no, thanks, wow, case to say the
Speaker 1: least two, because sometimes the defense is yeah, they blew it, but.
Speaker 2: It didn't change anything. That happens all the time.
Speaker 1: You know. For example, there are cancers that are incredibly
Speaker 1: slow moving and the first diagnosis they missed completely, and
Speaker 1: then six months later, the second diagnosis shows that, yeah,
Speaker 1: you have the cancer. Okay, so the first people malpractice.
Speaker 1: They missed it and they shouldn't have missed it. What
Speaker 1: are the damages? Not much, You're in the same position
Speaker 1: you are. Six months means nothing with this cancer. So
Speaker 1: that's the analogy I'm giving you is you have to
Speaker 1: follow all of connect all of the dots and establish
Speaker 1: that the malpractice in which they missed that first diagnosis
Speaker 1: is connected to what is happening now, and if they
Speaker 1: had done it correctly, you would not have this problem,
Speaker 1: or you would not have as big a problem. So
Speaker 1: you get to go to a medical malpractice attorney.
Speaker 4: Uh.
Speaker 1: And by the way, the E Coli disease that you had,
Speaker 1: how long did you have it for? Seven?
Speaker 8: Eight months?
Speaker 2: Seven or eight months?
Speaker 3: You know?
Speaker 2: And then they cured it right with antibiotics?
Speaker 8: Yeah?
Speaker 2: Okay, yeah, no, I understand.
Speaker 1: All right, So they missed that, all right, So you
Speaker 1: had a disease that took seven eight months for them
Speaker 1: to diagnose and cure. Okay, And then so you say
Speaker 1: you malpractice, that's correct, and then they come back code
Speaker 1: but you're fine now, and you go, yeah, but I
Speaker 1: was I didn't know, and I was pain that I
Speaker 1: shouldn't have been. H This is a tough one. But
Speaker 1: I'm going to suggest you to talk to a mid
Speaker 1: mal attorney because I certainly don't know enough about it.
Speaker 2: And the prognosis could be that it's permanent.
Speaker 1: If there is a permanent issue that was caused by
Speaker 1: the non diagnosis initially there, then you've got something. But
Speaker 1: I'm not going to know, and the email practic attorney
Speaker 1: is not going to know because what med mal attorneys
Speaker 1: do is they send all of the notes over to
Speaker 1: the doctor, over to their doctor to see if there's
Speaker 1: a case there, so there is a lot to it,
Speaker 1: all right. Let me put you in a scenario where
Speaker 1: you're speaking to someone up close, or you're in a
Speaker 1: group of people, or you wake up in the morning
Speaker 1: and you breathe on the mirror in the mirror almost
Speaker 1: cracks because of your bad breath. Yeah, we all suffer
Speaker 1: from bad breath, every one of us. Morning breath, coffee breath, onions, garlic,
Speaker 1: I mean all of it.
Speaker 2: So what do you do.
Speaker 1: Well, you can slug down a mint and suck on
Speaker 1: this spearmint or peppermint and it takes care of the
Speaker 1: bad breath in your mouth for a couple of hours.
Speaker 1: Or let me give you a better suggestion, Zelman's minty Mouth.
Speaker 1: Now Here is a little capsule on this parsley seed
Speaker 1: oil covered with a very strong minty flavor. You suck
Speaker 1: on the mint part and then you bite into the
Speaker 1: capsule or you swallow it and it gets to work
Speaker 1: in your stomach. Because people don't realize that bad breath
Speaker 1: comes out of your stomach. That's where the food goes too.
Speaker 1: So Zelmans is a double hit. You can only get
Speaker 1: Zelmans by the way online Zelmans dot com, z E
Speaker 1: l M I n S. Zelmans dot com. That's Zelmans
Speaker 1: dot com. This is Handle on the Law.
Speaker 2: You're listening to bill Handle on demand from kf I
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