[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for the 6th of November, 2013, opened up with gold at $1089.05 an ounce, silver
[00:29.000 --> 00:35.000]  at $14.73 an ounce, Texas crude, $45.20 a barrel, and Bitcoin is currently sitting
[00:35.000 --> 00:44.000]  in about $370 U.S. currency.
[00:44.000 --> 00:50.000]  Today in history, Monday, November 6, 1989, U.S. Marshals in the FCC sees pirate radio
[00:50.000 --> 00:54.000]  station WJPL 91.9 FM in Brooklyn, New York.
[00:54.000 --> 01:02.000]  Active in the 1980s, WJPL was hosted by John Lightning.
[01:02.000 --> 01:07.000]  In recent news, the U.N.'s new 6 emission gap report states that the promises, strategies,
[01:07.000 --> 01:12.000]  and projected cuts in emissions by the world's nations are a good start but fall short of
[01:12.000 --> 01:15.000]  what is needed to prevent global warming and climate change.
[01:15.000 --> 01:19.000]  They're saying that even if all the intended national determined contributions, the INDCs,
[01:19.000 --> 01:24.000]  are fully implemented, global temperatures will still rise around 3 degrees Celsius by
[01:24.000 --> 01:25.000]  2100.
[01:25.000 --> 01:27.000]  That's one degree more than the suggested limit.
[01:27.000 --> 01:31.000]  More than 150 countries have submitted their national climate change strategies, which
[01:31.000 --> 01:35.000]  cover close to 90% of the world's emission contributors.
[01:35.000 --> 01:39.000]  The U.N. believes that zero net emissions could be achieved by offsetting the amount
[01:39.000 --> 01:43.000]  of carbon raised in the atmosphere through buying an equal to or greater amount of carbon
[01:43.000 --> 01:45.000]  credits to make up the difference.
[01:45.000 --> 01:49.000]  The United Nations Environment Program, UNEP, says that the goal is to reach zero net emissions
[01:49.000 --> 01:57.000]  between 2060 and 2075.
[01:57.000 --> 02:00.000]  We're expecting the torrents meteor shower for the next two weeks.
[02:00.000 --> 02:04.000]  Planet Earth will be passing through the stream of meteoroids derived from a common enchi,
[02:04.000 --> 02:08.000]  which will appear to come from the constellation Taurus, hence the name the torrents.
[02:08.000 --> 02:12.000]  The debris of material Earth will be passing through is extensive and will last for several
[02:12.000 --> 02:13.000]  weeks.
[02:13.000 --> 02:15.000]  There is expected to be two separate showers.
[02:15.000 --> 02:19.000]  The South Taurus peak is on Thursday, November 5th, and the North Taurus peak will be a week
[02:19.000 --> 02:21.000]  later on Thursday, November 12th.
[02:21.000 --> 02:23.000]  Both are expected to be visible all night.
[02:23.000 --> 02:28.000]  The South Taurus shower will appear to radiate from the southern Taurus constellation close
[02:28.000 --> 02:30.000]  to Omicron and Zetorii.
[02:30.000 --> 02:34.000]  The North Taurus will radiate from the Pleiades constellation, one of the brightest constellations
[02:34.000 --> 02:35.000]  in the sky.
[02:35.000 --> 02:39.000]  If you want to try to photograph them, leave your camera shutter open for at least 30 seconds
[02:39.000 --> 02:40.000]  at a time.
[02:40.000 --> 02:41.000]  Make many exposures.
[02:41.000 --> 02:46.000]  Most, of course, will be blanks, but you may get lucky and capture a torrent or two.
[02:46.000 --> 03:12.000]  This was your Lowdown for November 6, 2013.
[03:12.000 --> 03:19.000]  Okay, we are back.
[03:19.000 --> 03:25.000]  Randy Kelton, Rule of Law Radio, here with Jeff Sedgwick.
[03:25.000 --> 03:31.000]  And on the break, we were talking about keeping the law of cause.
[03:31.000 --> 03:37.000]  Jeff, will you speak to that and how you can rack up the...
[03:37.000 --> 03:42.000]  Let's clarify something about cause.
[03:42.000 --> 03:49.000]  When it comes to landline, the FCC has made an exception for debt collectors.
[03:49.000 --> 03:54.000]  They can call your landline.
[03:54.000 --> 03:58.000]  Where the prohibitions come in are cell phones.
[03:58.000 --> 04:02.000]  Here's another caveat for the debt collectors.
[04:02.000 --> 04:08.000]  If you gave them their number, you've given them consent to call you.
[04:08.000 --> 04:17.000]  However, under the new FCC rule that was published in the public domain in July, you can rescind
[04:17.000 --> 04:23.000]  that and tell them to stop calling.
[04:23.000 --> 04:30.000]  If they continue to call, you can start racking up statutory damages.
[04:30.000 --> 04:39.000]  If you never gave them consent to call your cell phone, you accumulate statutory damages.
[04:39.000 --> 04:43.000]  You want to keep a log of all calls.
[04:43.000 --> 04:48.000]  You know, what day they came in, when they came in, what number they called on.
[04:48.000 --> 04:56.000]  And you can use something like 800 notes to reverse check the phone number.
[04:56.000 --> 05:02.000]  Or if you tell them, I don't know who you are, and they tell you the name of the company,
[05:02.000 --> 05:06.000]  well, I still don't know who you are, that's just somebody's name.
[05:06.000 --> 05:10.000]  You can write the name down and Google it, or you can reverse look up the phone number on Google
[05:10.000 --> 05:18.000]  and try to nail down who they are insofar as they're being a debt collector.
[05:18.000 --> 05:24.000]  But you want to maintain a log, an actual handwritten log, because that's a diary
[05:24.000 --> 05:28.000]  that you can take into court and swear to.
[05:28.000 --> 05:30.000]  And it will stand as evidence.
[05:30.000 --> 05:33.000]  You can authenticate it.
[05:33.000 --> 05:41.000]  And the calls that are in violation of the TCPA are $500 per call.
[05:41.000 --> 05:45.000]  Not up to $500, but $500.
[05:45.000 --> 05:52.000]  Telemarketing calls, if you're going after telemarketers, are up to $500.
[05:52.000 --> 05:55.000]  Big difference.
[05:55.000 --> 06:01.000]  On the other hand, if the calls are knowing and willful and egregious,
[06:01.000 --> 06:12.000]  the court can increase that amount of $500 per call up to $1,500 per call.
[06:12.000 --> 06:22.000]  On the other hand, in some states, and I'm thinking of Kansas right now,
[06:22.000 --> 06:30.000]  for telemarketers, it's $10,000 per call.
[06:30.000 --> 06:40.000]  And wow, in Connecticut, it's $20,000 per call.
[06:40.000 --> 06:46.000]  You can have fun with telemarketers and debt collectors.
[06:46.000 --> 06:51.000]  Telemarketers are considerably more cagey and more difficult to track down
[06:51.000 --> 06:56.000]  and get a name to than debt collectors are.
[06:56.000 --> 07:02.000]  So after a fashion, you could look at the debt collectors as possibly being
[07:02.000 --> 07:08.000]  low-lying fruit, low-hanging fruit.
[07:08.000 --> 07:12.000]  Now, does that kind of give you what you wanted to know, Mr. Randi?
[07:12.000 --> 07:15.000]  Yes, it does.
[07:15.000 --> 07:23.000]  You can take the calls until the amount of claims you have exceed the amount
[07:23.000 --> 07:26.000]  of the debt.
[07:26.000 --> 07:30.000]  Now you're in a position to make all this go away or even get them to pay you.
[07:30.000 --> 07:33.000]  What does that take, about 20 calls?
[07:33.000 --> 07:36.000]  Oh, for me, it'd take one.
[07:36.000 --> 07:39.000]  But I don't owe any.
[07:39.000 --> 07:42.000]  I don't have any debt.
[07:42.000 --> 07:51.000]  I bankrupted about 12, 15, 14 years ago and said, no more debt.
[07:51.000 --> 07:55.000]  My house is paid for, my car is paid for.
[07:55.000 --> 07:57.000]  My daughter wants me to buy a new car.
[07:57.000 --> 07:59.000]  I've got an O2 at Everland.
[07:59.000 --> 08:01.000]  She's got a quarter million on it.
[08:01.000 --> 08:04.000]  It runs as good as the day I bought it.
[08:04.000 --> 08:07.000]  I don't have to feed it.
[08:07.000 --> 08:11.000]  But I don't have any debt, so for me, that's not the only thing I owe.
[08:11.000 --> 08:19.000]  I've been cash and carry since 95, so I can appreciate that.
[08:19.000 --> 08:21.000]  But for a lot of people, it's hard to do that.
[08:21.000 --> 08:22.000]  I'm older.
[08:22.000 --> 08:25.000]  Jeff is even older.
[08:25.000 --> 08:27.000]  We get our houses paid for.
[08:27.000 --> 08:33.000]  We get all of our furniture and all the stuff we need.
[08:33.000 --> 08:35.000]  We're paid for it.
[08:35.000 --> 08:39.000]  Yeah, we've accumulated over time, and then we're able to get out of debt.
[08:39.000 --> 08:42.000]  But if you're younger, it's a struggle.
[08:42.000 --> 08:44.000]  Oh, especially if you're studying loans.
[08:44.000 --> 08:50.000]  Yeah, so if you're struggling with debt, this may be a nice way of handling it.
[08:50.000 --> 08:51.000]  Yep.
[08:51.000 --> 08:55.000]  And that's why I spoke earlier to see, you know, when you talk to a forgettable,
[08:55.000 --> 08:58.000]  you say something really nasty.
[08:58.000 --> 08:59.000]  Oh, yeah.
[08:59.000 --> 09:00.000]  Talk dirty to me.
[09:00.000 --> 09:01.000]  Oh, yeah.
[09:01.000 --> 09:03.000]  That's the bad stuff you're going to do.
[09:03.000 --> 09:04.000]  Keep notes.
[09:04.000 --> 09:05.000]  Right.
[09:05.000 --> 09:08.000]  Well, let me give you an indication of this.
[09:08.000 --> 09:11.000]  This is not a spectator sport.
[09:11.000 --> 09:16.000]  You do have to get off and out of the grandstands and down on the playing field to play.
[09:16.000 --> 09:23.000]  It's going to take a little bit of work to study in order to know how to do what you need to know how to do.
[09:23.000 --> 09:38.000]  That said, we have one of our people who has bought several investment houses
[09:38.000 --> 09:45.000]  and gotten himself completely out of debt, and he learned how to do this,
[09:45.000 --> 09:52.000]  and he has a seventh grade education.
[09:52.000 --> 09:54.000]  That can be done.
[09:54.000 --> 09:56.000]  Can be done.
[09:56.000 --> 09:57.000]  Say again.
[09:57.000 --> 10:07.000]  Well, I was thinking, I have a brother-in-law that ran a large factory in Chicago,
[10:07.000 --> 10:19.000]  and he was much older than me, and when I was in my 20s, I found out he couldn't read.
[10:19.000 --> 10:22.000]  That was amazing.
[10:22.000 --> 10:25.000]  Well, this particular chap can read.
[10:25.000 --> 10:33.000]  It's just that speed reading and sophisticated documents would tend to overwhelm him,
[10:33.000 --> 10:37.000]  but he learned, and he started reading and reading and reading,
[10:37.000 --> 10:41.000]  and pretty soon he got to where he could understand everything and what was going on, what was being said,
[10:41.000 --> 10:46.000]  and once he had gotten that down and learned the lessons that were being taught to him,
[10:46.000 --> 10:52.000]  he took off, and he is an amazing success story.
[10:52.000 --> 11:05.000]  I think his revenue that he produced doing this last year was six figures.
[11:05.000 --> 11:07.000]  Wait a minute. Let me understand.
[11:07.000 --> 11:10.000]  Is this going after debt collectors?
[11:10.000 --> 11:13.000]  Right.
[11:13.000 --> 11:15.000]  That's kind of amazing.
[11:15.000 --> 11:20.000]  How does he create the debt to get them to do this?
[11:20.000 --> 11:27.000]  I told you I've got one now that I'm working on that's for TCPA, right?
[11:27.000 --> 11:37.000]  If they trouble the damages, the statutory damages, I'm at $105,000.
[11:37.000 --> 11:41.000]  I guess I'm in the wrong business. I need to get some debt.
[11:41.000 --> 11:49.000]  Fire Denver.
[11:49.000 --> 11:52.000]  Go get some debt.
[11:52.000 --> 11:57.000]  In this particular case, Randy, I don't have a debt.
[11:57.000 --> 12:02.000]  I'm calling the wrong person.
[12:02.000 --> 12:04.000]  That's what happened.
[12:04.000 --> 12:08.000]  I know someone that got rid of a $30,000 credit card
[12:08.000 --> 12:14.000]  because her husband had the card and they called her and they pulled her credit.
[12:14.000 --> 12:19.000]  I did want to ask about when they're forbidden to pull.
[12:19.000 --> 12:24.000]  What is a permissible purpose for pulling your credit and what is not?
[12:24.000 --> 12:37.000]  If the debt collector pulls a credit report on behalf of a creditor, that's permissible.
[12:37.000 --> 12:41.000]  If a debt buyer pulls it, at no time is it permissible.
[12:41.000 --> 12:45.000]  Okay, that was what I was looking for, the distinction.
[12:45.000 --> 12:52.000]  And the creditor is the actual entity that issued the credit in the first instance.
[12:52.000 --> 12:57.000]  Or the purchaser of that company.
[12:57.000 --> 13:09.000]  Well, I can't, for one, purchase the credit card accounts of HSBC. Not all of them, but most of them.
[13:09.000 --> 13:17.000]  They purchased the entire account. They didn't just buy a ledger, a spreadsheet.
[13:17.000 --> 13:29.000]  Right. Whereas you have debt buyers that buy spreadsheets, data. They don't buy the debt, they buy the spreadsheets, the data.
[13:29.000 --> 13:37.000]  And therefore can't possibly be pulling a credit report on behalf of a creditor.
[13:37.000 --> 13:51.000]  And I would think the way you can tell he's a debt buyer is if you dispute the debt and they don't give you a full accounting of all the payments.
[13:51.000 --> 13:58.000]  They never do that anyway. Even with the creditor.
[13:58.000 --> 14:00.000]  Even a creditor won't do that?
[14:00.000 --> 14:07.000]  No. Of course they haven't been making them do that, but they still don't do it.
[14:07.000 --> 14:15.000]  Okay, but you can Google them and find out.
[14:15.000 --> 14:16.000]  Okay.
[14:16.000 --> 14:17.000]  If they're a debt buyer.
[14:17.000 --> 14:22.000]  Okay. So you do have a straightforward way of finding out.
[14:22.000 --> 14:24.000]  Yeah.
[14:24.000 --> 14:29.000]  That's what happened in this case is they pulled their credit.
[14:29.000 --> 14:32.000]  Would they pull that during litigation?
[14:32.000 --> 14:33.000]  Yes.
[14:33.000 --> 14:35.000]  That's a felony.
[14:35.000 --> 14:38.000]  Yeah, that's what it was during litigation.
[14:38.000 --> 14:46.000]  And they retired a $30,000 debt and paid her $6,000 to go away.
[14:46.000 --> 14:53.000]  That's under 1681Q. That's a felony.
[14:53.000 --> 14:55.000]  I'm serious.
[14:55.000 --> 15:04.000]  Under 18 U.S.A. 1030, I think it's 1030, Section 4.
[15:04.000 --> 15:11.000]  So how do we tell us that they pulled their credit by looking at our credit report, right?
[15:11.000 --> 15:13.000]  Yep.
[15:13.000 --> 15:19.000]  Now, do not get combined credit reports because they don't contain enough data.
[15:19.000 --> 15:29.000]  If you're a subscriber to a service, chances are they're not going to provide inquiries.
[15:29.000 --> 15:36.000]  The only place that I know that you can guarantee that you will get all the information is going to the credit bureaus themselves
[15:36.000 --> 15:44.000]  and you can get your credit report once per year for free.
[15:44.000 --> 15:48.000]  Unless you're in Georgia and you can get it twice a year.
[15:48.000 --> 15:50.000]  Oh, okay.
[15:50.000 --> 15:55.000]  So you would go to each of the three, there's primarily three or there are more than that?
[15:55.000 --> 15:57.000]  Well, it's primarily three.
[15:57.000 --> 16:02.000]  And there's actually one website where you can go to pull all three individually.
[16:02.000 --> 16:11.000]  But you have to be careful on what link you click on because you want all three individual reports, not a combined report.
[16:11.000 --> 16:14.000]  And what is that website?
[16:14.000 --> 16:21.000]  annualcreditreport.com
[16:21.000 --> 16:22.000]  Okay.
[16:22.000 --> 16:24.000]  So you can go there once a year.
[16:24.000 --> 16:26.000]  Unless you're in Georgia, you can do it twice a year.
[16:26.000 --> 16:27.000]  Right.
[16:27.000 --> 16:32.000]  And pull the credit reports individually from each.
[16:32.000 --> 16:38.000]  Now, depending upon the state you're in,
[16:38.000 --> 16:44.000]  the fees they charge are also regulated on a state by state basis.
[16:44.000 --> 17:00.000]  And for me, it would cost less for me to order my credit reports on a quarterly basis than to pay a service.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:20.000]  Well, don't let nothing get to you. Only the Father can deliver you. Don't let bad-minded people hurt you.
[19:20.000 --> 19:24.000]  Until Satan gets behind you.
[19:24.000 --> 19:29.000]  Norman, my friend, and all of your children.
[19:29.000 --> 19:45.000]  Okay, we are back. Randy Kelton, Blue Boy Radio, here with Jeff Cedric, and we're talking about how to profit from your credit report.
[19:45.000 --> 19:56.000]  Well, we're not going to get into that particular strategy just yet, Randy, because we have made some recent discoveries, and we're changing our approach.
[19:56.000 --> 20:08.000]  We're going to do the TCPA and the FTCPA, but the FCRA, as far as getting into that right now, I'm not prepared to move forward on that.
[20:08.000 --> 20:19.000]  However, as I did say, pulling your credit report without a permissible purpose is a violation, but that's only a $1,000 violation.
[20:19.000 --> 20:29.000]  And, you know, putting information into your trade lines in your credit report, that's a whole different bag of worms.
[20:29.000 --> 20:39.000]  And we're just about to launch the beginnings of our strategy on that. So until it's tested, we're not really willing to discuss it.
[20:39.000 --> 20:43.000]  Oh, okay. What are our trade lines?
[20:43.000 --> 20:54.000]  Well, that's where we'll say, you know, Suntrust Bank mortgage beginning in 2002, and you made all these payments,
[20:54.000 --> 20:59.000]  and how much the payments are, and are you on time, are you 30 days late, 60 days late, 90 days late.
[20:59.000 --> 21:06.000]  It's basically the information of a credit account. They call it a trade line.
[21:06.000 --> 21:07.000]  Hmm, okay.
[21:07.000 --> 21:10.000]  You know what I'm talking about? Am I being clear?
[21:10.000 --> 21:11.000]  Yes.
[21:11.000 --> 21:13.000]  I'll go back and try it over.
[21:13.000 --> 21:16.000]  No, I don't do credit, so I don't know much about it.
[21:16.000 --> 21:17.000]  Okay, okay.
[21:17.000 --> 21:20.000]  I wouldn't have a clue as to how to read the credit report.
[21:20.000 --> 21:24.000]  Right. Okay.
[21:24.000 --> 21:31.000]  And since I have a resident expert who knows everything there is to know about credit, I don't have to worry about that.
[21:31.000 --> 21:35.000]  Oh, who's that?
[21:35.000 --> 21:38.000]  It is not me.
[21:38.000 --> 21:42.000]  I may have some proficiencies, but I am no expert.
[21:42.000 --> 21:45.000]  Okay, well, I'm going to promote you as one anyway.
[21:45.000 --> 21:47.000]  We do have some callers.
[21:47.000 --> 21:50.000]  We have Joshua in California.
[21:50.000 --> 21:51.000]  Hello, Joshua.
[21:51.000 --> 21:54.000]  What do you have for us today?
[21:54.000 --> 21:55.000]  Hello, Randy.
[21:55.000 --> 21:57.000]  How are you doing this evening?
[21:57.000 --> 22:00.000]  I'm doing good.
[22:00.000 --> 22:09.000]  Hello, so I'm actually glad that I caught you guys when you guys were talking about FDCPA, because I am actually a second-time caller.
[22:09.000 --> 22:10.000]  Can you hear me okay?
[22:10.000 --> 22:11.000]  Yes.
[22:11.000 --> 22:16.000]  You're a little warbly, but I think you're probably on a cell phone, aren't you?
[22:16.000 --> 22:20.000]  I am actually walking to the next room, but I am sitting down now.
[22:20.000 --> 22:21.000]  Okay.
[22:21.000 --> 22:22.000]  Okay.
[22:22.000 --> 22:26.000]  So I'm a second-time caller.
[22:26.000 --> 22:30.000]  I do have some experience myself with the FDCPA.
[22:30.000 --> 22:33.000]  I remember doing a job there.
[22:33.000 --> 22:45.000]  I think I opened a case in 2012, and you guys were there for me in the tough times and the good times and the bad times, and I actually ended up settling on my case.
[22:45.000 --> 22:51.000]  They made me a settlement offer that was really, really good, a lot more than I expected.
[22:51.000 --> 22:58.000]  I'm assuming at this point in time you have a confidentiality agreement, so you're not mitching to some?
[22:58.000 --> 22:59.000]  Exactly.
[22:59.000 --> 23:02.000]  Okay, got it.
[23:02.000 --> 23:05.000]  So congratulations.
[23:05.000 --> 23:06.000]  Yeah, thank you.
[23:06.000 --> 23:15.000]  I want to thank you guys and the network, first of all, for helping me through it, and I believe in it, because it does work, because I went through it myself.
[23:15.000 --> 23:17.000]  And even if it can be scary, it's true.
[23:17.000 --> 23:19.000]  It does work, honestly.
[23:19.000 --> 23:24.000]  Well, you know, there is no fear and no courage is required.
[23:24.000 --> 23:26.000]  Exactly.
[23:26.000 --> 23:41.000]  So now I have a case of my father is being – let me refer to my notes here.
[23:41.000 --> 23:46.000]  Okay, so my father is being collected on by child support at this point, right?
[23:46.000 --> 23:50.000]  Child support I can't help you with.
[23:50.000 --> 23:52.000]  Not with FDCPA?
[23:52.000 --> 23:55.000]  No, no, no.
[23:55.000 --> 23:57.000]  It's just closed about all the time.
[23:57.000 --> 23:58.000]  Yeah.
[23:58.000 --> 24:05.000]  So they're not going to meet the definition of a debt collector under 1681A.
[24:05.000 --> 24:06.000]  Fiction thing, right?
[24:06.000 --> 24:09.000]  And they're not going to meet the definition of a debt collector.
[24:09.000 --> 24:15.000]  So that's – unfortunately, that's not going to happen.
[24:15.000 --> 24:17.000]  You're in California.
[24:17.000 --> 24:26.000]  Does the attorney general in California do the collections on child support?
[24:26.000 --> 24:27.000]  That is a good question.
[24:27.000 --> 24:29.000]  I'm not sure at this time.
[24:29.000 --> 24:31.000]  That's the way it works in Texas.
[24:31.000 --> 24:35.000]  And if someone is collecting for a governmental agency,
[24:35.000 --> 24:38.000]  they don't fall under the consumer protection laws, as I understand.
[24:38.000 --> 24:40.000]  Is that correct, Jeff?
[24:40.000 --> 24:42.000]  Well, they're not going to meet the definition of a debt collector,
[24:42.000 --> 24:45.000]  so how could they?
[24:45.000 --> 24:48.000]  And there is actually a definition of a debt collector.
[24:48.000 --> 24:51.000]  It's in the statutes.
[24:51.000 --> 24:52.000]  Yeah.
[24:52.000 --> 24:53.000]  Yeah, I've been reading that.
[24:53.000 --> 24:54.000]  It seems like a debt.
[24:54.000 --> 24:57.000]  And I was hoping for maybe a loophole or something.
[24:57.000 --> 24:59.000]  Well, I appreciate that.
[24:59.000 --> 25:03.000]  And I hate to be the bearer of bad tidings on that regard.
[25:03.000 --> 25:07.000]  Wouldn't it be wonderful if we could apply this to the IRS, too?
[25:07.000 --> 25:13.000]  Definitely.
[25:13.000 --> 25:16.000]  They definitely make some agencies that are against the debt.
[25:16.000 --> 25:17.000]  Oh, yeah.
[25:17.000 --> 25:20.000]  Wouldn't it be nice to haul them into court for a change?
[25:20.000 --> 25:29.000]  If California is anything like Texas, child support is a big deal.
[25:29.000 --> 25:33.000]  My sister-in-law's boyfriend worked at a machine shop
[25:33.000 --> 25:37.000]  with a guy who was from Mississippi.
[25:37.000 --> 25:41.000]  And he divorced his wife, and she moved to Texas.
[25:41.000 --> 25:45.000]  And she applied for child support in Texas.
[25:45.000 --> 25:48.000]  Texas went to...this went along for a while.
[25:48.000 --> 25:50.000]  He apparently didn't know about it.
[25:50.000 --> 25:55.000]  And the amounts he owed were accumulating.
[25:55.000 --> 26:00.000]  The attorney general went to Mississippi, kidnapped him,
[26:00.000 --> 26:03.000]  brought him to Texas, threw him in jail.
[26:03.000 --> 26:05.000]  And then when he got out of jail,
[26:05.000 --> 26:11.000]  he had to stay in Texas until he paid up to back child support.
[26:11.000 --> 26:18.000]  These guys are really tough on child support.
[26:18.000 --> 26:21.000]  And I don't know how I feel about that,
[26:21.000 --> 26:23.000]  because there are a lot of problems with child support.
[26:23.000 --> 26:30.000]  If you voluntarily give support to your wife without a court order,
[26:30.000 --> 26:32.000]  she can subsequently get a court order,
[26:32.000 --> 26:34.000]  and everything you paid her doesn't count.
[26:34.000 --> 26:36.000]  You'll have to pay it all again.
[26:36.000 --> 26:40.000]  And I've had several people go through that.
[26:40.000 --> 26:46.000]  So child support is a real serious and difficult issue.
[26:46.000 --> 26:53.000]  I guess the moral is you don't want the Texas attorney general
[26:53.000 --> 26:55.000]  on your behind for child support.
[26:55.000 --> 27:00.000]  I think they get some of that child support money
[27:00.000 --> 27:02.000]  to pay for their collection efforts.
[27:02.000 --> 27:07.000]  So it's kind of like bad checks in Texas.
[27:07.000 --> 27:12.000]  When a district attorney collects a bad check,
[27:12.000 --> 27:16.000]  he also collects a fee to go along with that bad check.
[27:16.000 --> 27:25.000]  And that fee goes into a fund he can then use to support his office.
[27:25.000 --> 27:32.000]  So they get real aggressive on bad checks in Texas.
[27:32.000 --> 27:37.000]  So if the attorney general is the same way with child support,
[27:37.000 --> 27:44.000]  it's just not surprising that they're so tough about it.
[27:44.000 --> 27:48.000]  Okay, Joshua, it looks like Joshua dropped off.
[27:48.000 --> 27:54.000]  Oh, sorry, you must have dropped off and came back, and we had you muted.
[27:54.000 --> 27:56.000]  Yes, and you can hear me?
[27:56.000 --> 27:58.000]  Yeah, now I can hear you.
[27:58.000 --> 27:59.000]  Okay, great.
[27:59.000 --> 28:01.000]  Yeah, I did drop off there for a second.
[28:01.000 --> 28:03.000]  I'm not sure what happened.
[28:03.000 --> 28:09.000]  Oh, yeah, okay, so well, fortunately, this can end in a good note,
[28:09.000 --> 28:12.000]  because I do have another case that I think is more direct.
[28:12.000 --> 28:15.000]  I have a suggestion.
[28:15.000 --> 28:21.000]  Have your father take out a loan, pay the child support with it,
[28:21.000 --> 28:23.000]  and then don't pay the loan,
[28:23.000 --> 28:25.000]  and when they come after him he can beat up the debt collectors
[28:25.000 --> 28:27.000]  and get his money back.
[28:27.000 --> 28:31.000]  And I want you to understand you did not hear that from me.
[28:31.000 --> 28:37.000]  That is, those are very wise words from a very wise man.
[28:37.000 --> 28:39.000]  I didn't say that.
[28:39.000 --> 28:41.000]  I can't endorse that.
[28:41.000 --> 28:44.000]  Do I know you, Randy?
[28:44.000 --> 28:48.000]  Say, Randy who?
[28:48.000 --> 28:51.000]  Well, it was a thought, not a good one.
[28:51.000 --> 28:56.000]  I have something that I think is more directed towards you
[28:56.000 --> 29:00.000]  because you're a very creative person, obviously.
[29:00.000 --> 29:03.000]  So this is a more serious case.
[29:03.000 --> 29:09.000]  This is actually a case that we have that I opened up about two months ago.
[29:09.000 --> 29:18.000]  What happened was that my grandfather passed away about a year ago.
[29:18.000 --> 29:23.000]  No, it was April, April of this year, and he left my grandmother behind.
[29:23.000 --> 29:25.000]  So we're taking care of her now.
[29:25.000 --> 29:29.000]  I actually have her, I'm actually her power of attorney.
[29:29.000 --> 29:36.000]  But what happened was that...
[29:36.000 --> 29:37.000]  Hello, Randy.
[29:37.000 --> 29:38.000]  Okay, hang on.
[29:38.000 --> 29:39.000]  That's a bump of music.
[29:39.000 --> 29:42.000]  We're about to go to break.
[29:42.000 --> 29:45.000]  This is Randy Kelton, Rule of Law Radio.
[29:45.000 --> 29:48.000]  I call a number, 512-646-1984.
[29:48.000 --> 29:49.000]  Give us a call.
[29:49.000 --> 29:51.000]  We're going to our bottom of the hour break.
[29:51.000 --> 29:54.000]  It would be a good time to go to Logos Radio Network
[29:54.000 --> 29:58.000]  and check out our sponsors and help support this network.
[29:58.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:06.000]  Should the United States return some lands taken from Native Americans
[30:06.000 --> 30:08.000]  as a step toward ending discrimination?
[30:08.000 --> 30:09.000]  The UN thinks so.
[30:09.000 --> 30:11.000]  I'm Dr. Catherine Albrecht,
[30:11.000 --> 30:16.000]  and I'll discuss the issue of modern-day compensation for historical injustice next.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.000 --> 30:32.000]  You'll protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:38.000]  This message is brought to you by StartPage.com,
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[30:45.000 --> 30:48.000]  It's a dark chapter in American history.
[30:48.000 --> 30:53.000]  For more than a century, Native Americans suffered from land takings, genocide, and oppression.
[30:53.000 --> 30:57.000]  Should the U.S. government right those wrongs today, and who should say?
[30:57.000 --> 30:59.000]  The United Nations thinks it should.
[30:59.000 --> 31:04.000]  The UN Human Rights Council is commissioned to report on America's treatment of indigenous tribes,
[31:04.000 --> 31:11.000]  suggesting that the U.S. should return land in Arizona plus the Black Hills of South Dakota to make amends.
[31:11.000 --> 31:16.000]  We can't hide from history, and indigenous peoples are Americans who need help.
[31:16.000 --> 31:22.000]  Still, it's disturbing to have the UN telling us how to fix this wound to our national conscience.
[31:22.000 --> 31:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[33:17.000 --> 33:19.000]  We can't bring it in.
[33:19.000 --> 33:26.000]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Joshua in California.
[33:26.000 --> 33:31.000]  And you were talking about you're taking care of your grandmother now.
[33:31.000 --> 33:37.000]  Yes, I'm taking care of my grandmother, but just to rewind a little bit.
[33:37.000 --> 33:40.000]  When my father passed away, they had two apartments.
[33:40.000 --> 33:43.000]  So my grandmother was sick or she was in the hospital.
[33:43.000 --> 33:47.000]  Something had happened around that time where she wasn't with my grandfather.
[33:47.000 --> 33:53.000]  But during that time, my grandfather suffered a heart attack, passed away,
[33:53.000 --> 33:59.000]  and the hotel did the logical thing and they called the emergency contact, which was my aunt.
[33:59.000 --> 34:06.000]  So my aunt went in, her and my uncle, they went in without notifying my grandmother,
[34:06.000 --> 34:11.000]  or anybody else for that matter, and they took all of the items.
[34:11.000 --> 34:17.000]  And my grandfather is an old school guy. He always had a lot of cash on him.
[34:17.000 --> 34:25.000]  That's just how he had cash on him, and he had all his property, two cars, all his stuff.
[34:25.000 --> 34:29.000]  Doesn't matter, right? They took all his stuff away.
[34:29.000 --> 34:35.000]  So they've obviously been avoiding us, so we're taking them to court.
[34:35.000 --> 34:45.000]  And basically, we wanted to see, we wanted to give the attorney more work
[34:45.000 --> 34:53.000]  and see, maybe use our imaginations on how to attack them the way that we're presenting.
[34:53.000 --> 34:57.000]  Hold on, is there a will?
[34:57.000 --> 35:00.000]  There is no will, no.
[35:00.000 --> 35:11.000]  Then all of this has to go to probate, and the probate court will order them to return all of this stuff.
[35:11.000 --> 35:16.000]  That's where I would think you would need to go. This is not my area.
[35:16.000 --> 35:25.000]  But since there's no will, everything goes to probate, and the probate court decides how things are.
[35:25.000 --> 35:31.000]  Actually, everything goes to the grandmother. That's all her property.
[35:31.000 --> 35:34.000]  Right.
[35:34.000 --> 35:43.000]  This is not an area I'm real familiar with. If the husband dies and the wife survives,
[35:43.000 --> 35:50.000]  I can't say definitively that what she keeps and what she doesn't, that would take a probate attorney.
[35:50.000 --> 35:55.000]  It's a little more specialized, not something I get into very often.
[35:55.000 --> 36:06.000]  Right, right. Well, I can tell you that we're suing them for fraud because in order for them to have gotten the,
[36:06.000 --> 36:14.000]  I subpoenaed the BMV records, and what they did was that they, since they took the property,
[36:14.000 --> 36:22.000]  they took the cards, and that's the thing with the traceable, I guess, evidence, the most traceable evidence that we have.
[36:22.000 --> 36:28.000]  We're taking them to court for fraud because they went in saying that,
[36:28.000 --> 36:35.000]  they went into the BMV saying that they purchased it from my grandfather before he had passed away.
[36:35.000 --> 36:42.000]  Do they have a purchase agreement?
[36:42.000 --> 36:48.000]  That's, I'm subpoenaing that right now. I'm still waiting for that in the mail because I thought they,
[36:48.000 --> 36:51.000]  I didn't know how they had done it before.
[36:51.000 --> 37:00.000]  Is it possible that they, was your grandfather in good shape financially?
[37:00.000 --> 37:02.000]  Yes.
[37:02.000 --> 37:08.000]  So it's not likely that he sold this to them because he needed money.
[37:08.000 --> 37:22.000]  So it's always distressing when families come at odds with one another when someone passes away this way.
[37:22.000 --> 37:28.000]  I've always distressed when I hear these kinds of things.
[37:28.000 --> 37:33.000]  And I want to look to see if there is any way that what they're doing is not improper.
[37:33.000 --> 37:41.000]  Could it be that they took this for safekeeping because if your father passed away
[37:41.000 --> 37:49.000]  and he's not living with the grandmother, then the apartment is going to be empty and all of this is going to be vulnerable.
[37:49.000 --> 37:55.000]  Did they take it to keep it or take it to protect it?
[37:55.000 --> 38:04.000]  That could have been the, that may have been the original event possibly, but they have ignored us.
[38:04.000 --> 38:12.000]  The letters, phone calls, text messages, they have ignored us completely.
[38:12.000 --> 38:20.000]  Knowing we told them we sent them letters, they reject our letters.
[38:20.000 --> 38:25.000]  There's no other way that they wouldn't know what they're doing.
[38:25.000 --> 38:39.000]  Do you really need to get a lawyer to go to petition a court for a court order for them to produce all of the grandfather's assets?
[38:39.000 --> 38:45.000]  That's probably the best way to handle it.
[38:45.000 --> 38:47.000]  Okay.
[38:47.000 --> 38:52.000]  I can't get very definitive this is not my area.
[38:52.000 --> 38:54.000]  Okay.
[38:54.000 --> 39:02.000]  Well, maybe if I could poke your brain a little bit on maybe like motions or anything because we already submitted something.
[39:02.000 --> 39:11.000]  So maybe I just want to maybe take this, even if it goes nowhere, this time we still have the probate option, obviously.
[39:11.000 --> 39:16.000]  I'm not trying to overburden myself, I guess.
[39:16.000 --> 39:19.000]  Have you considered discovery?
[39:19.000 --> 39:23.000]  What kind of action have you filed?
[39:23.000 --> 39:26.000]  For fraud.
[39:26.000 --> 39:27.000]  Okay.
[39:27.000 --> 39:36.000]  So you do have a, what's the nature of the fraud?
[39:36.000 --> 39:38.000]  Can you put that in other terms?
[39:38.000 --> 39:39.000]  Like what am I suing under?
[39:39.000 --> 39:40.000]  What are the statutes?
[39:40.000 --> 39:41.000]  Yeah.
[39:41.000 --> 39:42.000]  Okay.
[39:42.000 --> 39:44.000]  You sued them for fraud.
[39:44.000 --> 39:48.000]  Fraud is a specific cause of action.
[39:48.000 --> 39:54.000]  What are the grounds for the claim of fraud?
[39:54.000 --> 40:08.000]  So my grounds are that they, in a deceiving manner, they acquired his property.
[40:08.000 --> 40:10.000]  If that answers your question.
[40:10.000 --> 40:11.000]  Okay.
[40:11.000 --> 40:17.000]  Because in the California probate laws, yeah.
[40:17.000 --> 40:23.000]  Let me look up cause of action, fraud California.
[40:23.000 --> 40:26.000]  Have you done that?
[40:26.000 --> 40:30.000]  Yeah.
[40:30.000 --> 40:37.000]  What are the elements of fraud in California?
[40:37.000 --> 40:47.000]  I believe it is that you must have a, I believe it's a preponderance of evidence.
[40:47.000 --> 40:50.000]  No, no, no, no.
[40:50.000 --> 41:02.000]  Fraud is going to have a, when you file suit, you can't just say they did something wrong.
[41:02.000 --> 41:12.000]  You have to claim, make a claim under a defined cause of action.
[41:12.000 --> 41:18.000]  Cause of action for fraud is going to have a set of elements.
[41:18.000 --> 41:25.000]  I don't have my, if I had a little warning, how far are we from break, I can pull up.
[41:25.000 --> 41:33.000]  I have in my records all these causes of action under O'Connor's.
[41:33.000 --> 41:37.000]  O'Connor's has actually expanded into California.
[41:37.000 --> 41:43.000]  So you should be able to find causes of actions in California for fraud.
[41:43.000 --> 41:53.000]  Fraud is going to require someone to have made a representation.
[41:53.000 --> 41:58.000]  A representation of material fact that was untrue.
[41:58.000 --> 42:07.000]  And with the intent that the statement being taken is true.
[42:07.000 --> 42:14.000]  And you did take that as true and was harmed thereby.
[42:14.000 --> 42:17.000]  Now that's as close as I can get just from memory.
[42:17.000 --> 42:21.000]  I used to have it pretty well memorized, but I don't do fraud much anymore.
[42:21.000 --> 42:23.000]  And it's all Jeff Sedgwick's fault.
[42:23.000 --> 42:26.000]  Cause he said we should do false and misleading instead of fraud.
[42:26.000 --> 42:30.000]  Because fraud is really hard to prove.
[42:30.000 --> 42:34.000]  But what, okay.
[42:34.000 --> 42:35.000]  Okay, hang on.
[42:35.000 --> 42:37.000]  I think we're about to go to break.
[42:37.000 --> 42:38.000]  I've got too many pages up.
[42:38.000 --> 42:40.000]  I'm losing my place.
[42:40.000 --> 42:41.000]  Okay.
[42:41.000 --> 42:42.000]  We got another minute or two.
[42:42.000 --> 42:53.000]  Okay, what are the elements of fraud that you claimed?
[42:53.000 --> 43:05.000]  So I'm saying that they deceivingly forged my grandfather's signature on the pink slip.
[43:05.000 --> 43:07.000]  Because he had a must have.
[43:07.000 --> 43:08.000]  I haven't seen the pink slip yet.
[43:08.000 --> 43:10.000]  I'm still trying to subpoena that.
[43:10.000 --> 43:18.000]  But for the bill of sale, they had to have forged his signature because he had already passed away.
[43:18.000 --> 43:23.000]  And he hadn't sold it.
[43:23.000 --> 43:24.000]  So they had to.
[43:24.000 --> 43:25.000]  Okay.
[43:25.000 --> 43:26.000]  No, no.
[43:26.000 --> 43:27.000]  You're missing something.
[43:27.000 --> 43:38.000]  See, there's a problem here is a basic misunderstanding of how you make a claim in a civil matter.
[43:38.000 --> 43:40.000]  In a civil matter, hang on.
[43:40.000 --> 43:43.000]  We'll pick this up when we come back on the other side.
[43:43.000 --> 43:47.000]  And I'll have time to look up what I need to be able to address this a little better.
[43:47.000 --> 43:49.000]  This is Randy Kelton with our radio.
[43:49.000 --> 43:53.000]  I call it number 512-646-1984.
[43:53.000 --> 44:02.000]  We'll be right back.
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[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.000 --> 46:33.000]  Okay, we are back.
[46:33.000 --> 46:39.000]  Randy Kelton, Rule of Law Radio here with Jeff Cedric and we're talking to Joshua in California.
[46:39.000 --> 46:46.000]  Okay, Joshua, my producer drew this up for me while I was trying to find it.
[46:46.000 --> 46:54.000]  Okay, when you make a civil claim, it's similar to making a criminal charge,
[46:54.000 --> 46:58.000]  to prosecute somebody for a criminal charge.
[46:58.000 --> 47:02.000]  Criminal is a subset of civil.
[47:02.000 --> 47:09.000]  Under criminal, you bring a claim to the court under a criminal statute
[47:09.000 --> 47:21.000]  and each statute has a set of elements that must be pled in order to plead the criminal accusation.
[47:21.000 --> 47:26.000]  For civil, we have a set of defined causes of action
[47:26.000 --> 47:30.000]  and you can't just say he did that, he did this, he did the other.
[47:30.000 --> 47:38.000]  You have to claim each of the elements of the cause of action.
[47:38.000 --> 47:58.000]  Okay, misrepresentation, this is a claim for a claim of fraud, these are the causes of action.
[47:58.000 --> 48:03.000]  They must have made an affirmative misrepresentation,
[48:03.000 --> 48:12.000]  the suggestion as a fact of that which is not true by one who does not believe it to be true,
[48:12.000 --> 48:18.000]  a concealment or half truth, the misrepresentation of a fact by one who is bound to disclose it
[48:18.000 --> 48:26.000]  or who gives information of other facts which are likely to mislead for want of communication of that fact.
[48:26.000 --> 48:38.000]  So someone must have made a proactive statement of fact where they gave disclosure of a set of, I'm sorry,
[48:38.000 --> 48:45.000]  this is Robert, this goes to fraud by non-disclosure.
[48:45.000 --> 48:50.000]  I'm sorry, this is not exactly the one I was looking for.
[48:50.000 --> 48:59.000]  For fraud per se, you must have made a statement of fact that you knew to be untrue.
[48:59.000 --> 49:08.000]  You must have intended that another person rely on your statement of facts.
[49:08.000 --> 49:14.000]  The other person must have relied on your statement of fact and was harmed thereby.
[49:14.000 --> 49:22.000]  You have to plead each one of those elements to have a claim for fraud.
[49:22.000 --> 49:28.000]  Did you file this action or did you get a lawyer to do it?
[49:28.000 --> 49:30.000]  No, I filed it myself.
[49:30.000 --> 49:37.000]  So the violation, I pulled up the case complaint.
[49:37.000 --> 49:43.000]  It's under the probate code and it is for fraudulent transfer of the decedent property.
[49:43.000 --> 49:52.000]  So it says, in addition to any other liability, the person under this section and section blah, blah, blah,
[49:52.000 --> 50:00.000]  any person who fraudulently secures the payment, delivery, or transfer of the decedent property under this chapter
[50:00.000 --> 50:06.000]  is liable to the person having such a superior right, which would be my grandmother,
[50:06.000 --> 50:09.000]  for three times the fair market value of the property.
[50:09.000 --> 50:17.000]  So the purpose of this subdivision, the fair market is defined what a fair market value is.
[50:17.000 --> 50:22.000]  And yeah, so that's what I use.
[50:22.000 --> 50:25.000]  Okay, that'll work.
[50:25.000 --> 50:31.000]  You're making a claim under a specific probate statute.
[50:31.000 --> 50:33.000]  Yes.
[50:33.000 --> 50:41.000]  Okay, did you claim each of the elements there?
[50:41.000 --> 50:43.000]  If you could ask that another way.
[50:43.000 --> 50:51.000]  Okay, you'd have to claim that you do this essentially in the statement of facts.
[50:51.000 --> 50:54.000]  Your grandfather had a heart attack, you passed away.
[50:54.000 --> 51:00.000]  The facts are similar to the way you told them told us what happened.
[51:00.000 --> 51:07.000]  But you structure your facts so that you walk down the causes of action.
[51:07.000 --> 51:12.000]  What elements must be there in order for this fraud to occur?
[51:12.000 --> 51:17.000]  And you must claim each one of those elements.
[51:17.000 --> 51:20.000]  Does that make sense?
[51:20.000 --> 51:33.000]  And if you did it for code, you'd probably have a well-crafted or at least a sufficiently crafted cause of action.
[51:33.000 --> 51:38.000]  So what is the disposition of the case at this point?
[51:38.000 --> 51:40.000]  What do you mean the disposition?
[51:40.000 --> 51:43.000]  I mean, where's the case at?
[51:43.000 --> 51:49.000]  You filed it, did you have them served?
[51:49.000 --> 51:50.000]  Yeah, we had them served.
[51:50.000 --> 51:52.000]  It was filed August 10th.
[51:52.000 --> 51:53.000]  I had them served.
[51:53.000 --> 52:02.000]  They were dodging service, so it took about maybe like 20 days or something to actually get that done.
[52:02.000 --> 52:06.000]  And we're in court right now.
[52:06.000 --> 52:13.000]  They just scheduled our hearing, I think for, I think for February.
[52:13.000 --> 52:19.000]  So right now it's just we're just sitting here.
[52:19.000 --> 52:21.000]  The judge hasn't really said anything.
[52:21.000 --> 52:23.000]  The case seems to be there.
[52:23.000 --> 52:24.000]  They hired an attorney.
[52:24.000 --> 52:28.000]  Have you asked for discovery?
[52:28.000 --> 52:31.000]  We have not asked for discovery.
[52:31.000 --> 52:33.000]  Wait a minute, Randy.
[52:33.000 --> 52:38.000]  In your state, do you have to ask for discovery or is it automatic?
[52:38.000 --> 52:50.000]  Well, discovery is something you have to craft for the case.
[52:50.000 --> 52:56.000]  In this particular state, Randy, as soon as they're served, I can engage discovery.
[52:56.000 --> 53:04.000]  Well, yeah, but what I meant by asking, I wasn't implying ask for permission to do discovery.
[53:04.000 --> 53:05.000]  Oh, okay.
[53:05.000 --> 53:09.000]  Ask the other side to produce discovery.
[53:09.000 --> 53:13.000]  And I think California is like Texas in this regard.
[53:13.000 --> 53:17.000]  Discovery is really extrajudicial.
[53:17.000 --> 53:22.000]  It's just between you and the other party.
[53:22.000 --> 53:27.000]  You ask the other side to produce this information, and if they don't produce it,
[53:27.000 --> 53:32.000]  then you go to the judge and ask the judge to produce it.
[53:32.000 --> 53:36.000]  Discovery is an art form.
[53:36.000 --> 53:43.000]  Discovery is how you structure your case and how you set up the other side.
[53:43.000 --> 53:50.000]  You have requests for productions, interrogatories, and admissions.
[53:50.000 --> 53:55.000]  Admissions is where the real art comes in.
[53:55.000 --> 54:02.000]  In discovery, if you're asked to admit something and you fail to admit to it,
[54:02.000 --> 54:09.000]  and it's proven in court that what you were asked to admit to was true
[54:09.000 --> 54:15.000]  and you knew it was true at the time, you can be sanctioned for not admitting it.
[54:15.000 --> 54:23.000]  So admissions is a really fertile place to back your opponent into a corner.
[54:23.000 --> 54:32.000]  And discovery is a good place to demonstrate to the other side
[54:32.000 --> 54:35.000]  whether they have a case or don't have a case.
[54:35.000 --> 54:41.000]  And often you can use discovery to bring the other side to the table.
[54:41.000 --> 54:48.000]  So you might consider asking for discovery.
[54:48.000 --> 54:50.000]  You might get a little creative.
[54:50.000 --> 54:57.000]  Do you not actually intend to be saying, Randy, to engage discovery?
[54:57.000 --> 54:59.000]  Well, no.
[54:59.000 --> 55:03.000]  You ask the court for it. You don't only ask for it, you engage it.
[55:03.000 --> 55:05.000]  Yeah, you engage it when you get to the court,
[55:05.000 --> 55:11.000]  but initially it's intended that both sides cooperate with one another.
[55:11.000 --> 55:17.000]  So the first thing you do is you politely ask for discovery from the other side.
[55:17.000 --> 55:22.000]  If they're not forthcoming, then you go to the court
[55:22.000 --> 55:28.000]  and request that the court order discovery, compel you.
[55:28.000 --> 55:35.000]  So initially this part's not intended to be adversarial.
[55:35.000 --> 55:38.000]  It tends to get that way real quick.
[55:38.000 --> 55:44.000]  It always does, but the idea is we're all civil here,
[55:44.000 --> 55:47.000]  and we all just want to find an equitable outcome.
[55:47.000 --> 55:53.000]  So we're going to work with one another to find an equitable outcome.
[55:53.000 --> 55:55.000]  Oh, one thing.
[55:55.000 --> 56:05.000]  Did you make effort to find remedy outside the court?
[56:05.000 --> 56:06.000]  Yes.
[56:06.000 --> 56:07.000]  Good.
[56:07.000 --> 56:17.000]  We sent them several letters, and we did it with signed return receipts,
[56:17.000 --> 56:23.000]  and they were either refused or rejected in one way or another.
[56:23.000 --> 56:26.000]  They were all refused or rejected.
[56:26.000 --> 56:30.000]  What does that mean? They refused to accept the certified letter?
[56:30.000 --> 56:33.000]  They refused to accept the certified letter, yeah.
[56:33.000 --> 56:40.000]  And then I have the actual documentation saying that it was refused by the person.
[56:40.000 --> 56:43.000]  So basically it's like, yes, they saw it.
[56:43.000 --> 56:49.000]  I have evidence that they received the letter, but they just refused to take it.
[56:49.000 --> 56:54.000]  Okay, and that basically should be marked on the outside of the envelope, right?
[56:54.000 --> 56:55.000]  Yes, exactly.
[56:55.000 --> 56:58.000]  Did you open the envelope?
[56:58.000 --> 56:59.000]  No.
[56:59.000 --> 57:01.000]  Good.
[57:01.000 --> 57:03.000]  I'd like it when we get the right answers.
[57:03.000 --> 57:05.000]  We've been getting the right answers from you.
[57:05.000 --> 57:06.000]  Yeah.
[57:06.000 --> 57:16.000]  So you did your administrative remedy, and now think about discovery.
[57:16.000 --> 57:31.000]  How can you craft discovery in a way that's going to want to make the other party cry uncle?
[57:31.000 --> 57:33.000]  Right.
[57:33.000 --> 57:34.000]  What are they?
[57:34.000 --> 57:37.000]  Well, to me…
[57:37.000 --> 57:41.000]  Okay, sometimes I think deviously.
[57:41.000 --> 57:43.000]  Okay, I like that.
[57:43.000 --> 57:55.000]  What do they have that could possibly belong to your grandfather that they could not prove otherwise?
[57:55.000 --> 58:04.000]  We're about to go to top of the hour break, so we've got three minutes to think about this.
[58:04.000 --> 58:08.000]  If they took a bunch of stuff from the grandfather, you don't know what they took,
[58:08.000 --> 58:14.000]  and you want to get a look at all the stuff they got so you can decide
[58:14.000 --> 58:20.000]  if what they've got is something they took from the grandfather or not.
[58:20.000 --> 58:24.000]  They might not want to tell you all of that.
[58:24.000 --> 58:25.000]  Hang on.
[58:25.000 --> 58:29.000]  I'm thinking about the politics again, about how you can apply pressure to them.
[58:29.000 --> 58:37.000]  This is Randy Kelton, Rue La Radio, here with Jeff Cedric, our colleague number 512-646-1984.
[58:37.000 --> 58:41.000]  We're going to top of the hour break, so it's a good time to check out our sponsors,
[58:41.000 --> 58:50.000]  especially, you know, Frederick Graves jurisdiction here.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
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[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
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[59:45.000 --> 59:53.000]  Or visit us online at bfa.org.
[59:53.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:07.000]  Following these flashes brought to you by the Lone Star Lowdown,
[01:00:07.000 --> 01:00:12.000]  providing the daily bulletins for the commodities market, today in history,
[01:00:12.000 --> 01:00:23.000]  news updates, and the inside scoop into the tides of the alternative.
[01:00:23.000 --> 01:00:29.000]  Markets for the 6th of November, 2013, opened up with gold at $1,089.05 an ounce,
[01:00:29.000 --> 01:00:34.000]  over $14.73 an ounce, Texas crude $45.20 a barrel,
[01:00:34.000 --> 01:00:44.000]  and Bitcoin is currently sitting at about $370 U.S. currency.
[01:00:44.000 --> 01:00:49.000]  Today in history, Monday, November 6, 1989, U.S. Marshals in the FCC
[01:00:49.000 --> 01:00:54.000]  seized pirate radio station WJPL 91.9 FM in Brooklyn, New York.
[01:00:54.000 --> 01:01:03.000]  Active in the 1980s, WJPL was hosted by John Lightning.
[01:01:03.000 --> 01:01:07.000]  In recent news, the U.N.'s new 6th emission gap report states that the promises,
[01:01:07.000 --> 01:01:11.000]  strategies, and projected cuts in emissions by the world's nations are a good start
[01:01:11.000 --> 01:01:15.000]  but fall short of what is needed to prevent global warming and climate change.
[01:01:15.000 --> 01:01:19.000]  They're saying that even if all the intended national determined contributions,
[01:01:19.000 --> 01:01:21.000]  the INDCs, are fully implemented,
[01:01:21.000 --> 01:01:26.000]  global temperatures will still rise around 3 degrees Celsius by 2100.
[01:01:26.000 --> 01:01:28.000]  That's one degree more than the suggested limit.
[01:01:28.000 --> 01:01:32.000]  More than 150 countries have submitted their national climate change strategies,
[01:01:32.000 --> 01:01:35.000]  which cover close to 90% of the world's emission contributors.
[01:01:35.000 --> 01:01:38.000]  The U.N. believes that zero net emissions could be achieved
[01:01:38.000 --> 01:01:41.000]  by offsetting the amount of carbon raised in the atmosphere
[01:01:41.000 --> 01:01:45.000]  through buying an equal to or greater amount of carbon credits to make up the difference.
[01:01:45.000 --> 01:01:50.000]  United Nations environment program UNEP says that the goal is to reach zero net emissions
[01:01:50.000 --> 01:01:52.000]  by 2060 and 2075.
[01:01:57.000 --> 01:02:00.000]  We're expecting the torrents meteor shower for the next two weeks.
[01:02:00.000 --> 01:02:04.000]  Planet Earth will be passing through the stream of meteoroids derived from Comet Enki,
[01:02:04.000 --> 01:02:08.000]  which will appear to come from the constellation Taurus, hence the name the torrents.
[01:02:08.000 --> 01:02:11.000]  The debris of material Earth will be passing through is extensive
[01:02:11.000 --> 01:02:13.000]  and will last for several weeks.
[01:02:13.000 --> 01:02:15.000]  There is expected to be two separate showers.
[01:02:15.000 --> 01:02:18.000]  The south torrents peak is on Thursday, November 5th,
[01:02:18.000 --> 01:02:21.000]  and the north torrents peak will be a week later on Thursday, November 12th.
[01:02:21.000 --> 01:02:24.000]  Both are expected to be visible all night.
[01:02:24.000 --> 01:02:28.000]  The south torrents shower will appear to radiate from the southern Taurus constellation
[01:02:28.000 --> 01:02:30.000]  close to Omicron and Zetorai.
[01:02:30.000 --> 01:02:33.000]  The north torrent will radiate from the Pleiades constellation,
[01:02:33.000 --> 01:02:35.000]  one of the brightest constellations in the sky.
[01:02:35.000 --> 01:02:37.000]  If you want to try to photograph them,
[01:02:37.000 --> 01:02:40.000]  leave your camera shutter open for at least 30 seconds at a time.
[01:02:40.000 --> 01:02:42.000]  Make many exposures.
[01:02:42.000 --> 01:02:48.000]  Most, of course, will be blanks, but you may get lucky and capture a torrent or two.
[01:02:48.000 --> 01:03:09.000]  This was your Lowdown for November 6, 2015.
[01:03:18.000 --> 01:03:45.000]  Thank you.
[01:03:45.000 --> 01:03:46.000]  Okay, we are back.
[01:03:46.000 --> 01:03:49.000]  This is Randy Kelton with Univar Radio, here with Jeff Sedgwick.
[01:03:49.000 --> 01:03:56.000]  And Joshua, it seems like any concern I had, you've already got it covered.
[01:03:56.000 --> 01:03:59.000]  You seem to have all of your pieces in place.
[01:03:59.000 --> 01:04:02.000]  But look into discovery.
[01:04:02.000 --> 01:04:04.000]  Discovery is an art form.
[01:04:04.000 --> 01:04:12.000]  Discovery is a nice way of making this issue go away before you get to court.
[01:04:12.000 --> 01:04:20.000]  Think about what the other side doesn't want to reveal with the understanding
[01:04:20.000 --> 01:04:24.000]  that the other side is going to do the same thing to you.
[01:04:24.000 --> 01:04:30.000]  So if you've got anything you don't want to reveal, be careful how you do discovery.
[01:04:30.000 --> 01:04:32.000]  But if you're clean and got nothing to worry about,
[01:04:32.000 --> 01:04:38.000]  then see how you can craft your discovery so you're asking questions
[01:04:38.000 --> 01:04:45.000]  the other side doesn't want to have to get in front of a judge and answer.
[01:04:45.000 --> 01:04:49.000]  And that may well bring them to the table.
[01:04:49.000 --> 01:04:56.000]  Okay, do you have any other questions or did we answer any questions for you?
[01:04:56.000 --> 01:05:02.000]  It seems like you already had them all.
[01:05:02.000 --> 01:05:08.000]  Yeah, I mean, honestly, I got all this good from my FTCPA battle,
[01:05:08.000 --> 01:05:11.000]  which actually went through to discovery.
[01:05:11.000 --> 01:05:13.000]  And then discovery is when we settled,
[01:05:13.000 --> 01:05:17.000]  when they actually felt threatened enough to take us more seriously.
[01:05:17.000 --> 01:05:22.000]  And in there, I remember sending, I don't know if it was admissions or denials
[01:05:22.000 --> 01:05:31.000]  or the interrogatories, but I remember that they were saying
[01:05:31.000 --> 01:05:35.000]  that our discovery questions were argumentative.
[01:05:35.000 --> 01:05:38.000]  If you could explain that to me.
[01:05:38.000 --> 01:05:42.000]  I know they were obviously just not trying to answer a question,
[01:05:42.000 --> 01:05:47.000]  but at that point, then what do you have to do to compel them to answer
[01:05:47.000 --> 01:05:50.000]  the discovery question?
[01:05:50.000 --> 01:05:52.000]  That's a little too vague.
[01:05:52.000 --> 01:05:59.000]  I would have to see the question to see how the question was written.
[01:05:59.000 --> 01:06:08.000]  If a question presupposes a set of circumstances,
[01:06:08.000 --> 01:06:13.000]  when did you stop beating your wife?
[01:06:13.000 --> 01:06:18.000]  You know, that carries presuppositions.
[01:06:18.000 --> 01:06:25.000]  Or if your question, by the way it's written, implies wrongdoing
[01:06:25.000 --> 01:06:33.000]  or implies a conclusion, they're going to raise this argument.
[01:06:33.000 --> 01:06:39.000]  But I would have to see it to know why they crafted it that way.
[01:06:39.000 --> 01:06:44.000]  And just so that you know, they're always going to try to do that.
[01:06:44.000 --> 01:06:49.000]  They'll always try to make an issue with every interrogatory that you ask.
[01:06:49.000 --> 01:06:55.000]  Let's say that I had crafted it right, which definitely is possible that I didn't.
[01:06:55.000 --> 01:07:01.000]  But let's say that I had and they're going to make it into a fight.
[01:07:01.000 --> 01:07:04.000]  What would be my next step?
[01:07:04.000 --> 01:07:06.000]  Would I present something to the judge?
[01:07:06.000 --> 01:07:09.000]  According to federal procedures, you have to call up the attorney
[01:07:09.000 --> 01:07:12.000]  and give him time to correct his answers.
[01:07:12.000 --> 01:07:17.000]  And if he doesn't correct his answers, then you go to the court to compel him.
[01:07:17.000 --> 01:07:24.000]  And if they refuse to respond to the motion, excuse me, to answer,
[01:07:24.000 --> 01:07:29.000]  the judge is ordered to repel and to compel.
[01:07:29.000 --> 01:07:35.000]  Again, if it were federal, then you go to rule 37C.
[01:07:35.000 --> 01:07:40.000]  And it's basically automatic sanctions.
[01:07:40.000 --> 01:07:42.000]  Oh, awesome. Okay.
[01:07:42.000 --> 01:07:45.000]  You look up 37C in the federal rules of civil procedure
[01:07:45.000 --> 01:07:48.000]  and see if California, I'm assuming you're in state court in California,
[01:07:48.000 --> 01:07:54.000]  then you see you can find an equivalent in the rule of civil procedure for California.
[01:07:54.000 --> 01:08:00.000]  Because they're engaging in what is referred to as obstructionist discovery.
[01:08:00.000 --> 01:08:02.000]  Yes. Okay.
[01:08:02.000 --> 01:08:08.000]  Okay. And if you've got a whole litany of those interrogatories answered in the same way,
[01:08:08.000 --> 01:08:16.000]  chances are they're engaging in obstructionist discovery.
[01:08:16.000 --> 01:08:19.000]  But, you know, again, we'd have to see the questions
[01:08:19.000 --> 01:08:24.000]  in order to be able to give you any kind of a really definitive answer.
[01:08:24.000 --> 01:08:30.000]  Right. These questions were for my FDCPA case,
[01:08:30.000 --> 01:08:35.000]  but I mean, if I could send it to you guys in any kind of way,
[01:08:35.000 --> 01:08:38.000]  I mean, definitely even just critiquing those,
[01:08:38.000 --> 01:08:42.000]  that would teach me a lot and how to craft my questions.
[01:08:42.000 --> 01:08:46.000]  Well, where in California are you?
[01:08:46.000 --> 01:08:48.000]  I'm in Los Angeles.
[01:08:48.000 --> 01:08:50.000]  This is in Riverside, actually.
[01:08:50.000 --> 01:08:56.000]  Okay. How far away are you from the UCLA Law School?
[01:08:56.000 --> 01:08:58.000]  Very close. Very close.
[01:08:58.000 --> 01:09:01.000]  I suggest that you go down to the library there.
[01:09:01.000 --> 01:09:11.000]  Talk to the receptionist and see if you can get a copy of Guerrilla Discovery and review that.
[01:09:11.000 --> 01:09:13.000]  You probably won't be allowed to take it out of the library,
[01:09:13.000 --> 01:09:15.000]  but you can review it in the library.
[01:09:15.000 --> 01:09:18.000]  That's going to be your best bet.
[01:09:18.000 --> 01:09:20.000]  Okay. Great. Thank you.
[01:09:20.000 --> 01:09:21.000]  You're welcome.
[01:09:21.000 --> 01:09:24.000]  All right. All right.
[01:09:24.000 --> 01:09:30.000]  Well, you guys gave me plenty of work, so I think I'm good for now.
[01:09:30.000 --> 01:09:33.000]  Okay. Thank you, Joshua.
[01:09:33.000 --> 01:09:38.000]  Okay. Now we're going to go to Mark in Texas.
[01:09:38.000 --> 01:09:40.000]  Hello, Mark.
[01:09:40.000 --> 01:09:42.000]  Hey.
[01:09:42.000 --> 01:09:46.000]  So how's it going down there in Alabama?
[01:09:46.000 --> 01:09:48.000]  Arkansas. Arkansas.
[01:09:48.000 --> 01:09:52.000]  It's Texas, and the case is fair.
[01:09:52.000 --> 01:09:56.000]  I've kind of been stagnant for a while.
[01:09:56.000 --> 01:10:02.000]  Got some great advice from the two of you, and I've just got some quick questions I wanted to bounce off.
[01:10:02.000 --> 01:10:10.000]  What I had done, just to tell you guys, I ended up having a judgment in June.
[01:10:10.000 --> 01:10:15.000]  Couldn't afford to appeal and wasn't sure exactly if it was the thing to do.
[01:10:15.000 --> 01:10:20.000]  Couldn't really find anybody that I felt good about at that point either.
[01:10:20.000 --> 01:10:27.000]  And so I let that pass. I knew I could make a motion to vacate,
[01:10:27.000 --> 01:10:33.000]  and I can make a motion to vacate for fraud pretty much at any time.
[01:10:33.000 --> 01:10:38.000]  So, you know, I can go past the 90 days, I think, which is where I am right now.
[01:10:38.000 --> 01:10:43.000]  Wait a minute. Are you talking about fraud upon the court?
[01:10:43.000 --> 01:10:51.000]  Fraud upon the court in that the judgment itself was a product of a fraudulent assignment,
[01:10:51.000 --> 01:10:54.000]  a false and misleading assignment of mortgage.
[01:10:54.000 --> 01:10:59.000]  And then the whole thing was filed past the statute of limitations.
[01:10:59.000 --> 01:11:05.000]  I brought it up. The judge didn't even pay attention, and the plaintiff's attorney...
[01:11:05.000 --> 01:11:12.000]  Wait a minute. The foreclosure case was outside the statute of limitations?
[01:11:12.000 --> 01:11:19.000]  Yeah. And it was a very, very interesting set of circumstances.
[01:11:19.000 --> 01:11:28.000]  They had made a motion very early on. Like, they filed it in August of 2013.
[01:11:28.000 --> 01:11:33.000]  They have an assignment that happened a few weeks prior.
[01:11:33.000 --> 01:11:39.000]  This assignment is from a debt buyer. It is from a servicer slash debt buyer.
[01:11:39.000 --> 01:11:42.000]  No, no. It can't be both.
[01:11:42.000 --> 01:11:43.000]  What's that?
[01:11:43.000 --> 01:11:45.000]  It can't be both.
[01:11:45.000 --> 01:11:47.000]  They're debt collectors.
[01:11:47.000 --> 01:11:48.000]  Pardon?
[01:11:48.000 --> 01:11:50.000]  Debt collectors, for sure.
[01:11:50.000 --> 01:11:53.000]  What's the name of the company?
[01:11:53.000 --> 01:11:57.000]  It's called SPS. You've heard them before, I'm sure.
[01:11:57.000 --> 01:12:06.000]  But anyway, very interestingly, I was figuring I might file an FDCPA lawsuit here
[01:12:06.000 --> 01:12:15.000]  and use discovery from that lawsuit to absolutely solidify the fraud here.
[01:12:15.000 --> 01:12:20.000]  But initially, we're just going to be looking for false and misleading statements.
[01:12:20.000 --> 01:12:23.000]  I've been listening to this show, and I've heard it before, too.
[01:12:23.000 --> 01:12:32.000]  But I wanted to ask you guys, this is an interesting point that I've had to wrestle with a little bit.
[01:12:32.000 --> 01:12:38.000]  I wanted an attorney to represent me since if I file an FDCPA suit, get attorney's fees,
[01:12:38.000 --> 01:12:41.000]  there are a few attorneys that were suggested.
[01:12:41.000 --> 01:12:44.000]  They don't really seem worth their salt from my discussions with them.
[01:12:44.000 --> 01:12:54.000]  And one of them was telling me that she would want to see the transcripts from the hearing
[01:12:54.000 --> 01:13:00.000]  because she was concerned that she wanted to make sure that the assignment might have been filed
[01:13:00.000 --> 01:13:04.000]  during the hearing, and thus we would be within the statute of limitations.
[01:13:04.000 --> 01:13:12.000]  In other words, and I don't know if that's clear, the assignment was filed in the court records in 2013.
[01:13:12.000 --> 01:13:16.000]  Which statute of limitations are you relying on?
[01:13:16.000 --> 01:13:19.000]  FDCPA with one year. That's clearly past it.
[01:13:19.000 --> 01:13:32.000]  What I wanted to ask you is if in May of this year there was a hearing and they submitted the assignment again,
[01:13:32.000 --> 01:13:36.000]  is that something that puts it within the statute of limitations once again?
[01:13:36.000 --> 01:13:39.000]  Is that something we can address?
[01:13:39.000 --> 01:13:43.000]  Or have I already gone past this one year statute of limitations?
[01:13:43.000 --> 01:13:52.000]  One year statute of limitations basically goes like this.
[01:13:52.000 --> 01:13:56.000]  It's one year from the last violation.
[01:13:56.000 --> 01:13:58.000]  Okay.
[01:13:58.000 --> 01:14:05.000]  Okay, so if they found it in the second time under the statute, what was the violation?
[01:14:05.000 --> 01:14:13.000]  The violation would be that this assignment itself uses false and misleading information,
[01:14:13.000 --> 01:14:20.000]  and then I have suffered harm, damages, actual damages in excess of $100,000 as a result.
[01:14:20.000 --> 01:14:22.000]  That doesn't come to bear.
[01:14:22.000 --> 01:14:24.000]  Okay.
[01:14:24.000 --> 01:14:36.000]  I'm scouring my desk right now for my frequently violated guidelines
[01:14:36.000 --> 01:14:44.000]  so that I can take a look at what you may be talking about in terms of statutes.
[01:14:44.000 --> 01:14:49.000]  Do you have particular statutes that you were looking at?
[01:14:49.000 --> 01:14:54.000]  No.
[01:14:54.000 --> 01:15:00.000]  I've only read, you know, the FDCPA 10 pages and 12-point times in Roman font,
[01:15:00.000 --> 01:15:04.000]  and I'm like, wow, Eureka, I've got all kinds of things here.
[01:15:04.000 --> 01:15:09.000]  I need to do perhaps a little more because I'm not having much luck with these attorneys.
[01:15:09.000 --> 01:15:17.000]  But in May of this year, they filed that assignment yet again.
[01:15:17.000 --> 01:15:20.000]  They put it in front of the court during the hearing,
[01:15:20.000 --> 01:15:28.000]  and I'm hoping that that puts that document itself within the one-year statute of limitations for FDCPA.
[01:15:28.000 --> 01:15:33.000]  Now, I still have letters from the alleged servicer here,
[01:15:33.000 --> 01:15:37.000]  and these letters do have violations as well,
[01:15:37.000 --> 01:15:45.000]  and that may be all I need to file a suit and then do discovery immediately in federal court
[01:15:45.000 --> 01:15:50.000]  that would allow me to uncover the false and misleading nature of an assignment
[01:15:50.000 --> 01:15:53.000]  where they're essentially saying in the document
[01:15:53.000 --> 01:16:04.000]  that this assignment was prepared by the debt collector slash debt buyer.
[01:16:04.000 --> 01:16:11.000]  And, you know, it was something where they presumed to say that the original lender,
[01:16:11.000 --> 01:16:17.000]  which was out of business in 2008, assigned this via MERS to the plaintiff,
[01:16:17.000 --> 01:16:22.000]  which is a big, you know, bank.
[01:16:22.000 --> 01:16:29.000]  But what I'm curious about is do I have,
[01:16:29.000 --> 01:16:35.000]  if they have taken a document that they previously had filed with the court and then filed it again,
[01:16:35.000 --> 01:16:37.000]  is that something that would put it in there?
[01:16:37.000 --> 01:16:39.000]  Did the court rely on it a second time?
[01:16:39.000 --> 01:16:42.000]  I believe we could say they did.
[01:16:42.000 --> 01:16:45.000]  No, no, no, no.
[01:16:45.000 --> 01:16:50.000]  Did the court rely upon it being filed a second time?
[01:16:50.000 --> 01:16:52.000]  The court accepted it.
[01:16:52.000 --> 01:16:55.000]  I don't know if that means reliance.
[01:16:55.000 --> 01:16:57.000]  I hear bumper music, shall we?
[01:16:57.000 --> 01:17:00.000]  Yeah, I do, too.
[01:17:00.000 --> 01:17:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:17:50.000 --> 01:18:01.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:24.000 --> 01:19:51.000]  If I can't get everything I want If I can't get everything I need
[01:19:51.000 --> 01:20:00.000]  Okay, we are back.
[01:20:00.000 --> 01:20:06.000]  Randy Kelton, Blue Bly Radio here with Jeff Sedgwick and we're talking to Mark in Texas.
[01:20:06.000 --> 01:20:13.000]  And I've been listening trying to get this organized in my head and it took a while.
[01:20:13.000 --> 01:20:25.000]  You're using the term filed and the term is different whether you're filing in the public record or filing in the court.
[01:20:25.000 --> 01:20:36.000]  The only filing as to the consumer protection laws goes to the filing of the document in the county record.
[01:20:36.000 --> 01:20:40.000]  That's when the document became active.
[01:20:40.000 --> 01:20:45.000]  When they filed it in the court, they're just showing it to the court.
[01:20:45.000 --> 01:20:47.000]  They're not reactivating the document.
[01:20:47.000 --> 01:20:51.000]  I don't think you're going to get there from here.
[01:20:51.000 --> 01:20:53.000]  Here's a question then.
[01:20:53.000 --> 01:20:57.000]  This is interesting and it may actually mitigate that.
[01:20:57.000 --> 01:20:59.000]  I understand.
[01:20:59.000 --> 01:21:07.000]  I still thought I might if I file a suit have the opportunity to do discovery which gets at that document anyway.
[01:21:07.000 --> 01:21:15.000]  As far as what happened in the court, I had a situation here where the original attorneys were fired because they had screwed this up.
[01:21:15.000 --> 01:21:21.000]  Then I ended up with new attorneys, a whole new mess of attorneys.
[01:21:21.000 --> 01:21:31.000]  These guys actually refiled with the court in their pleadings.
[01:21:31.000 --> 01:21:34.000]  They refiled the documents again.
[01:21:34.000 --> 01:21:39.000]  They actually redacted a few things and so I assume there's something new here.
[01:21:39.000 --> 01:21:45.000]  When you say refiled, are you saying they filed an amended complaint?
[01:21:45.000 --> 01:21:47.000]  No, forgive me.
[01:21:47.000 --> 01:21:51.000]  I may not know the vernacular the way you guys do.
[01:21:51.000 --> 01:21:55.000]  I think we're tripping over the word filed.
[01:21:55.000 --> 01:21:57.000]  Filed, okay.
[01:21:57.000 --> 01:22:05.000]  They filed the assignment in the public record and that's when the assignment became active.
[01:22:05.000 --> 01:22:07.000]  Right, that was 2015.
[01:22:07.000 --> 01:22:11.000]  When they filed it with the court, they didn't actually file it with the court.
[01:22:11.000 --> 01:22:15.000]  They presented it to the court as an exhibit.
[01:22:15.000 --> 01:22:17.000]  Right, exactly.
[01:22:17.000 --> 01:22:20.000]  So it's not refiled at all.
[01:22:20.000 --> 01:22:25.000]  They're just showing it to the court that it exists in the public record.
[01:22:25.000 --> 01:22:27.000]  Got it.
[01:22:27.000 --> 01:22:33.000]  In the hearing, they did indeed rely on it to establish standing.
[01:22:33.000 --> 01:22:35.000]  I questioned it.
[01:22:35.000 --> 01:22:38.000]  I questioned it in my original response.
[01:22:38.000 --> 01:22:43.000]  It was actually something that was clear on its face,
[01:22:43.000 --> 01:22:46.000]  but I didn't really know how to argue this very well.
[01:22:46.000 --> 01:22:50.000]  As we live and learn, I still think, who got a shot?
[01:22:50.000 --> 01:22:52.000]  What ended up happening?
[01:22:52.000 --> 01:22:59.000]  One of the things I learned from myself was I suddenly became far more knowledgeable
[01:22:59.000 --> 01:23:04.000]  about finances while I was busy going down the gurgler.
[01:23:04.000 --> 01:23:07.000]  Yeah.
[01:23:07.000 --> 01:23:14.000]  But as for that giving you some sort of a cause of action under the FDCPA,
[01:23:14.000 --> 01:23:21.000]  I can't see it unless the first time around the court threw it out for some reason.
[01:23:21.000 --> 01:23:27.000]  I just can't see it because if the court didn't throw it out, you waived it
[01:23:27.000 --> 01:23:31.000]  because you allowed the statute of limitations to run.
[01:23:31.000 --> 01:23:32.000]  Right.
[01:23:32.000 --> 01:23:38.000]  Well, I think I have a cause of action under the FDCPA would simply be with the letters
[01:23:38.000 --> 01:23:42.000]  that they have sent me incessantly every single month.
[01:23:42.000 --> 01:23:50.000]  I even got one a few weeks ago, and these letters do have FDCPA violations in them.
[01:23:50.000 --> 01:23:54.000]  What kind of letters?
[01:23:54.000 --> 01:23:58.000]  I believe you'd call it a dunning letter.
[01:23:58.000 --> 01:24:00.000]  No, no, no.
[01:24:00.000 --> 01:24:02.000]  Just keep the answer simple.
[01:24:02.000 --> 01:24:04.000]  What does it contain?
[01:24:04.000 --> 01:24:12.000]  It contains a statement that as of this date, this debt is now X amount of days past due,
[01:24:12.000 --> 01:24:15.000]  which gets to seven years.
[01:24:15.000 --> 01:24:22.000]  It contains information such as you can bring this current by paying X amount
[01:24:22.000 --> 01:24:27.000]  as though I hold them in anything at all, things like that.
[01:24:27.000 --> 01:24:30.000]  Wait, I'm not finished?
[01:24:30.000 --> 01:24:32.000]  Okay.
[01:24:32.000 --> 01:24:37.000]  Are they charging you with late fees?
[01:24:37.000 --> 01:24:43.000]  I don't think there's late fees involved, but there's interest, things like that.
[01:24:43.000 --> 01:24:46.000]  Have they accelerated the note?
[01:24:46.000 --> 01:24:47.000]  Oh, yes, absolutely.
[01:24:47.000 --> 01:24:52.000]  A long time ago, but they themselves did not accelerate it.
[01:24:52.000 --> 01:24:56.000]  It was accelerated back in 2006 or so.
[01:24:56.000 --> 01:24:58.000]  Okay.
[01:24:58.000 --> 01:25:05.000]  Has that acceleration in any way, shape, or form to your knowledge been reversed?
[01:25:05.000 --> 01:25:07.000]  Never.
[01:25:07.000 --> 01:25:11.000]  Have they filed a new acceleration?
[01:25:11.000 --> 01:25:20.000]  As far as I know, there were things filed as late as 2010 because this is a nonjudicial state,
[01:25:20.000 --> 01:25:26.000]  and they're filing things which note that they are accelerating it,
[01:25:26.000 --> 01:25:30.000]  and there were other documents which were filed prior.
[01:25:30.000 --> 01:25:33.000]  Hearing the plaintiff's attorneys argue that...
[01:25:33.000 --> 01:25:34.000]  Let me see, sir.
[01:25:34.000 --> 01:25:38.000]  I'm asking questions because I'm going in a particular direction.
[01:25:38.000 --> 01:25:41.000]  They accelerated it, I think you said, in 2006.
[01:25:41.000 --> 01:25:46.000]  Have they filed any other acceleration?
[01:25:46.000 --> 01:25:53.000]  If you're asking me if they filed anything at all that says that this is now accelerated, yes.
[01:25:53.000 --> 01:25:58.000]  So they have filed additional documentation to that effect?
[01:25:58.000 --> 01:25:59.000]  Right.
[01:25:59.000 --> 01:26:01.000]  Last one in 2010.
[01:26:01.000 --> 01:26:08.000]  Okay, and have you double-checked to make sure they're not charging you a late fee?
[01:26:08.000 --> 01:26:10.000]  No, I haven't double-checked.
[01:26:10.000 --> 01:26:12.000]  I'm making a note to do it.
[01:26:12.000 --> 01:26:21.000]  Yeah, good idea because if the note's accelerated, there's only one payment due, the full amount.
[01:26:21.000 --> 01:26:22.000]  Okay.
[01:26:22.000 --> 01:26:27.000]  And they can't charge you late fees.
[01:26:27.000 --> 01:26:28.000]  Got it.
[01:26:28.000 --> 01:26:31.000]  That's attempting to collect the non-existent data.
[01:26:31.000 --> 01:26:32.000]  What about interest?
[01:26:32.000 --> 01:26:34.000]  Does an interest stop at acceleration?
[01:26:34.000 --> 01:26:40.000]  It's supposed to, but some of the state courts have gone kind of cattywampus on that one,
[01:26:40.000 --> 01:26:49.000]  and I'll have to check some of our foreclosure experts come Tuesday on that.
[01:26:49.000 --> 01:26:50.000]  Okay.
[01:26:50.000 --> 01:26:52.000]  Do you know one?
[01:26:52.000 --> 01:26:59.000]  Yeah, yeah, so far he's gotten six houses, six of his own houses.
[01:26:59.000 --> 01:27:02.000]  Oh, yeah, that's right, you do know one, yeah.
[01:27:02.000 --> 01:27:03.000]  Yeah.
[01:27:03.000 --> 01:27:04.000]  Yeah, okay.
[01:27:04.000 --> 01:27:06.000]  Yeah, I do.
[01:27:06.000 --> 01:27:09.000]  That's good for me.
[01:27:09.000 --> 01:27:14.000]  You know, Tuesday I can be on that call.
[01:27:14.000 --> 01:27:16.000]  Oh, good, good.
[01:27:16.000 --> 01:27:17.000]  Yeah, yeah.
[01:27:17.000 --> 01:27:25.000]  Send Randy an email, he'll forward it to me, forward it to me, and I'll give you the information.
[01:27:25.000 --> 01:27:26.000]  Okay.
[01:27:26.000 --> 01:27:27.000]  Okay.
[01:27:27.000 --> 01:27:28.000]  Definitely.
[01:27:28.000 --> 01:27:32.000]  And in the end, I'm just wondering what you guys thought of this.
[01:27:32.000 --> 01:27:44.000]  My hope is if I have letters which are within the last year, at worst, these letters still contain violations.
[01:27:44.000 --> 01:27:48.000]  I have cause of action, 1,000 bucks a pop, whatever it may be.
[01:27:48.000 --> 01:27:51.000]  Nope, not as bad as you can't stack them.
[01:27:51.000 --> 01:27:53.000]  Oh, it's just...
[01:27:53.000 --> 01:27:56.000]  Nice try, can't stack them.
[01:27:56.000 --> 01:27:58.000]  Just one instance, huh?
[01:27:58.000 --> 01:27:59.000]  Yeah, yeah.
[01:27:59.000 --> 01:28:00.000]  How do you...
[01:28:00.000 --> 01:28:07.000]  But we can see we can find more violations because you want as much sticking to the wall as you can get.
[01:28:07.000 --> 01:28:08.000]  Got it.
[01:28:08.000 --> 01:28:16.000]  But you see, the part that you're not considering is the actual damages, and that's what you need to be considering.
[01:28:16.000 --> 01:28:20.000]  And that's also another question you need to bring up on the Tuesday Night Call.
[01:28:20.000 --> 01:28:22.000]  Yes, yes, okay.
[01:28:22.000 --> 01:28:31.000]  Actual damages is the judgment of at least 200,000 plus, and so here's the big question, and I will dig deep on this
[01:28:31.000 --> 01:28:37.000]  because I'm probably going to have to do this myself, and it'll get done right, but it'll take a while.
[01:28:37.000 --> 01:28:44.000]  And as far as all that goes, if I have even one letter that contains a violation,
[01:28:44.000 --> 01:28:52.000]  and that letter is something relative to the judgment which was attained,
[01:28:52.000 --> 01:29:00.000]  and I can just basically bring as a cause of action one issue and one letter within the last year,
[01:29:00.000 --> 01:29:07.000]  then if I file that, I have the ability to immediately file discovery with this FDCPA suit.
[01:29:07.000 --> 01:29:09.000]  Is that right?
[01:29:09.000 --> 01:29:11.000]  Well, it wouldn't necessarily be immediate.
[01:29:11.000 --> 01:29:20.000]  You'd have to set up a 26F conference and lay out your actual schedule for when things will be proceeding,
[01:29:20.000 --> 01:29:24.000]  how long discovery will be, and when it will commence and when it will end,
[01:29:24.000 --> 01:29:32.000]  and when you can file your admitted complaint and when you can file a depository, a depository, dispose,
[01:29:32.000 --> 01:29:35.000]  Randy, is it?
[01:29:35.000 --> 01:29:37.000]  Deposition.
[01:29:37.000 --> 01:29:39.000]  Dispository.
[01:29:39.000 --> 01:29:42.000]  Motions, which means you're just disposing of things.
[01:29:42.000 --> 01:29:44.000]  Your motions are limited.
[01:29:44.000 --> 01:29:51.000]  It doesn't engage immediately, and at the same time, if you're in a court like my particular court,
[01:29:51.000 --> 01:29:54.000]  the judge would send out a schedule.
[01:29:54.000 --> 01:29:56.000]  Hang on, hang on, hang on.
[01:29:56.000 --> 01:29:57.000]  I'm about to go to break.
[01:29:57.000 --> 01:29:58.000]  Randy Kelton, Blue Raw Radio.
[01:29:58.000 --> 01:30:00.000]  We'll be right back.
[01:30:00.000 --> 01:30:09.000]  Google is taking over the research world and destroying students' ability to understand data in the process.
[01:30:09.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you how research skills are withering on the vine in the Google era.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:23.000]  When you give up data about yourself, you'll never get it back again, and once your privacy is gone,
[01:30:23.000 --> 01:30:26.000]  you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
[01:30:34.000 --> 01:30:41.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:41.000 --> 01:30:45.000]  Start over with StartPage.
[01:30:45.000 --> 01:30:48.000]  Google gets you tons of information fast, right?
[01:30:48.000 --> 01:30:50.000]  Well, not so fast, maybe.
[01:30:50.000 --> 01:30:54.000]  It also erodes students' ability to dig for information and analyze it.
[01:30:54.000 --> 01:30:59.000]  A two-year study at five American universities showed students who don't know their librarians
[01:30:59.000 --> 01:31:05.000]  were much more likely to seek information in journals and databases that were not suited to their studies.
[01:31:05.000 --> 01:31:10.000]  These students were also nearly clueless about how databases actually work.
[01:31:10.000 --> 01:31:15.000]  Adopting Google-style interfaces in college databases isn't the answer, though.
[01:31:15.000 --> 01:31:21.000]  What students need is to learn the basics, how to retrieve, organize, and prioritize data.
[01:31:21.000 --> 01:31:25.000]  In other words, not to let Google do their thinking for them.
[01:31:25.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  And thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to rememberbuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails.
[01:32:09.000 --> 01:32:11.000]  But good luck getting them to pay for it.
[01:32:11.000 --> 01:32:13.000]  Okay, I might be kidding about the chemtrails.
[01:32:13.000 --> 01:32:14.000]  But I'm serious about your roof.
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[01:32:16.000 --> 01:32:21.000]  And Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:26.000]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau with zero complaints.
[01:32:26.000 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:40.000]  Mention the crypto show and get $100 off.
[01:32:40.000 --> 01:32:45.000]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:04.000]  You are listening to the Logos Radio Network.
[01:33:04.000 --> 01:33:32.000]  logosradionetwork.com
[01:33:34.000 --> 01:33:45.000]  OK.
[01:33:45.000 --> 01:33:46.000]  We are back.
[01:33:46.000 --> 01:33:49.000]  Randy Kelton, Wheel of Law Radio here with Jeff Sedgwick.
[01:33:49.000 --> 01:33:52.000]  And we're talking to Mark in Texas.
[01:33:52.000 --> 01:33:54.000]  Mark, we do need to kind of get moving along.
[01:33:54.000 --> 01:33:57.000]  It always seems the end of the show that the calls build up.
[01:33:57.000 --> 01:34:01.000]  We've got a full board right now.
[01:34:01.000 --> 01:34:02.000]  All right.
[01:34:02.000 --> 01:34:05.000]  OK. Where were we, Mark?
[01:34:05.000 --> 01:34:14.000]  Well, it seems my takeaway here is that I still possibly have an FDCPA complaint
[01:34:14.000 --> 01:34:21.000]  and discovery will allow me to ultimately bring out more information about a fraudulent assignment
[01:34:21.000 --> 01:34:24.000]  which is used to give them standing in the first place.
[01:34:24.000 --> 01:34:27.000]  And it ultimately means everything is fraudulent.
[01:34:27.000 --> 01:34:30.000]  Mark, what is it you're trying to do?
[01:34:30.000 --> 01:34:34.000]  What I would like to do is file an FDCPA suit.
[01:34:34.000 --> 01:34:37.000]  What is the result you want?
[01:34:37.000 --> 01:34:44.000]  When actual damage is an FDCPA, prove fraud or get closer at it and then go back.
[01:34:44.000 --> 01:34:48.000]  Do you want the house? Do you want the money? What do you want?
[01:34:48.000 --> 01:34:51.000]  I want the money. The house is already gone.
[01:34:51.000 --> 01:34:53.000]  House doesn't even matter.
[01:34:53.000 --> 01:34:59.000]  But I want justice. And that's important.
[01:34:59.000 --> 01:35:01.000]  OK. I understand.
[01:35:01.000 --> 01:35:02.000]  Got to stand by.
[01:35:02.000 --> 01:35:04.000]  OK.
[01:35:04.000 --> 01:35:12.000]  All right. So I'm not altogether certain that proving the fraud is going to get you where you want to go
[01:35:12.000 --> 01:35:16.000]  because if you're going for actual damages and you prove the fraud,
[01:35:16.000 --> 01:35:20.000]  you upset the decision that got the judgment, there's no judgment.
[01:35:20.000 --> 01:35:25.000]  What are you going to collect on?
[01:35:25.000 --> 01:35:28.000]  That's an interesting thing.
[01:35:28.000 --> 01:35:31.000]  See, that's what you have to sort.
[01:35:31.000 --> 01:35:38.000]  That's the reason why it's real important for you to decide what it is you really, really want.
[01:35:38.000 --> 01:35:47.000]  Because if all you want is more money, I can give you two pennies and you got more money.
[01:35:47.000 --> 01:35:52.000]  No, I don't want anybody coming after me for deficiencies.
[01:35:52.000 --> 01:35:55.000]  I want my credit clear.
[01:35:55.000 --> 01:36:01.000]  I want to do what we should do as citizens.
[01:36:01.000 --> 01:36:04.000]  I want to stand up and make it happen.
[01:36:04.000 --> 01:36:10.000]  Whether or not you get justice is basically a personal call.
[01:36:10.000 --> 01:36:13.000]  What you're looking for is to vindicate your rights.
[01:36:13.000 --> 01:36:16.000]  Well, that's wonderful.
[01:36:16.000 --> 01:36:24.000]  But if you're going to file a lawsuit, you really, really need to determine what the remedy is that you want
[01:36:24.000 --> 01:36:33.000]  that you can walk away satisfied if you get it and then start aligning your suit accordingly.
[01:36:33.000 --> 01:36:38.000]  If I could walk away after having won an FDCPA suit,
[01:36:38.000 --> 01:36:46.000]  that would be a beautiful level of happiness that's not on the horizon right now.
[01:36:46.000 --> 01:36:52.000]  What I thought, and tell me I must be wrong, I thought if I won the FDCPA suit,
[01:36:52.000 --> 01:36:57.000]  then I might go back and sue for treble damages for fraud later on.
[01:36:57.000 --> 01:37:03.000]  Well, I tell you what, how are you hurting cats?
[01:37:03.000 --> 01:37:06.000]  I don't think cats can be herded, right?
[01:37:06.000 --> 01:37:12.000]  Yeah, well, that's far easier than a fraud suit.
[01:37:12.000 --> 01:37:14.000]  Yeah, I understand.
[01:37:14.000 --> 01:37:19.000]  I'm also concerned if I won actual damages through an FDCPA suit,
[01:37:19.000 --> 01:37:26.000]  then they might very well come after me for deficiencies and try to take the money back.
[01:37:26.000 --> 01:37:29.000]  What state are you in?
[01:37:29.000 --> 01:37:32.000]  This would be in the state of Arkansas.
[01:37:32.000 --> 01:37:38.000]  I don't know if they actually allow deficiencies in Arkansas or not.
[01:37:38.000 --> 01:37:42.000]  You have to check your state law on that because some states prohibit it.
[01:37:42.000 --> 01:37:44.000]  I don't think they do.
[01:37:44.000 --> 01:37:46.000]  California is one of them.
[01:37:46.000 --> 01:37:52.000]  So you need to check the law on that because you might be knuckle biting over nothing.
[01:37:52.000 --> 01:37:55.000]  Yeah, okay.
[01:37:55.000 --> 01:38:02.000]  But I can appreciate you having that concern, but you decide what it is that you want
[01:38:02.000 --> 01:38:07.000]  and then you basically will formulate your lawsuit, your discovery and everything
[01:38:07.000 --> 01:38:13.000]  so that you can get to where you want to end up.
[01:38:13.000 --> 01:38:20.000]  In the meantime, send Randy that email so we can get you where you can ask questions.
[01:38:20.000 --> 01:38:25.000]  You're concerned about them coming after you for a deficiency judgment?
[01:38:25.000 --> 01:38:30.000]  They're going to come after, if they can, they're going to come after somebody who didn't fight them.
[01:38:30.000 --> 01:38:32.000]  They fought way too hard.
[01:38:32.000 --> 01:38:36.000]  They're not going to want to get back in the ring with you.
[01:38:36.000 --> 01:38:45.000]  Yeah, I will. If I file this FDCPA suit and win, I will have capacity to show fraud at that point.
[01:38:45.000 --> 01:38:51.000]  But showing fraud is not where you necessarily want to go with FDCPA.
[01:38:51.000 --> 01:38:53.000]  That's what I'm telling you.
[01:38:53.000 --> 01:38:56.000]  I understand that.
[01:38:56.000 --> 01:38:58.000]  Don't even have to with FDCPA.
[01:38:58.000 --> 01:39:01.000]  I remember you saying this before. It's just false and misleading.
[01:39:01.000 --> 01:39:12.000]  But if I can add something to where we are now that I could take back to the court, put in front of the judge.
[01:39:12.000 --> 01:39:15.000]  What's that going to get you?
[01:39:15.000 --> 01:39:18.000]  Not going to get your house back?
[01:39:18.000 --> 01:39:19.000]  No, I won't.
[01:39:19.000 --> 01:39:22.000]  What's it going to get you?
[01:39:22.000 --> 01:39:27.000]  I was suspecting we might vacate a judgment and perhaps when...
[01:39:27.000 --> 01:39:31.000]  They can't vacate it. The house is gone.
[01:39:31.000 --> 01:39:32.000]  Yeah.
[01:39:32.000 --> 01:39:35.000]  But it can still claim the value of the house.
[01:39:35.000 --> 01:39:38.000]  We've already done that with its actual damages.
[01:39:38.000 --> 01:39:44.000]  This is where you're talking in circles because you do not know where you ultimately want to end up.
[01:39:44.000 --> 01:39:48.000]  This is what I'm telling you.
[01:39:48.000 --> 01:39:53.000]  You're operating out of how you feel and you're not thinking.
[01:39:53.000 --> 01:39:57.000]  You need to insert the correction.
[01:39:57.000 --> 01:40:00.000]  Really.
[01:40:00.000 --> 01:40:07.000]  The thing here that I'm understanding from you, which I didn't understand coming into the conversation is
[01:40:07.000 --> 01:40:16.000]  if you win actual damages by the FDCPA suit, you can't then go back and have them be mutually exclusive.
[01:40:16.000 --> 01:40:19.000]  Of what value would it be?
[01:40:19.000 --> 01:40:24.000]  Win. Wasting your time and money.
[01:40:24.000 --> 01:40:25.000]  Okay, okay.
[01:40:25.000 --> 01:40:29.000]  And you didn't get what you wanted in the first place.
[01:40:29.000 --> 01:40:34.000]  So you mean to say I can't win actual damages once and then go back and for-for all the damages?
[01:40:34.000 --> 01:40:35.000]  No.
[01:40:35.000 --> 01:40:37.000]  That would be great if I could.
[01:40:37.000 --> 01:40:39.000]  People, I don't want to stop with that.
[01:40:39.000 --> 01:40:41.000]  Yeah, I get it.
[01:40:41.000 --> 01:40:46.000]  You'll be using the court for profit. They don't like that.
[01:40:46.000 --> 01:40:49.000]  I'd be using the court for justice if...
[01:40:49.000 --> 01:40:50.000]  No, you're using the court for profit.
[01:40:50.000 --> 01:40:52.000]  You already got justice in the federal court.
[01:40:52.000 --> 01:40:54.000]  You got your FDCPA case.
[01:40:54.000 --> 01:40:57.000]  Oh, just the taste.
[01:40:57.000 --> 01:40:58.000]  Come on, listen.
[01:40:58.000 --> 01:41:00.000]  You're out for blood or you're greedy.
[01:41:00.000 --> 01:41:02.000]  I'm not sure which.
[01:41:02.000 --> 01:41:04.000]  You're going to have to curb it.
[01:41:04.000 --> 01:41:06.000]  I understand.
[01:41:06.000 --> 01:41:09.000]  Mark, we really need you to move on.
[01:41:09.000 --> 01:41:12.000]  We've got three more callers in 15 minutes.
[01:41:12.000 --> 01:41:14.000]  Yeah, go for it.
[01:41:14.000 --> 01:41:16.000]  Okay. Thank you, Mark.
[01:41:16.000 --> 01:41:18.000]  Thanks, guys.
[01:41:18.000 --> 01:41:19.000]  Okay.
[01:41:19.000 --> 01:41:24.000]  Now we're going to go to Joe in Illinois.
[01:41:24.000 --> 01:41:29.000]  Hello, Joe.
[01:41:29.000 --> 01:41:33.000]  Hello, Joe. Are you there?
[01:41:33.000 --> 01:41:37.000]  Is your phone muted, Joe?
[01:41:37.000 --> 01:41:39.000]  Did we put you to sleep?
[01:41:39.000 --> 01:41:44.000]  Okay. Looks like we don't have Joe.
[01:41:44.000 --> 01:41:45.000]  We're going to go to Shane in New York.
[01:41:45.000 --> 01:41:46.000]  Hello, Shane.
[01:41:46.000 --> 01:41:48.000]  What do you have for us today?
[01:41:48.000 --> 01:41:50.000]  Hey, how are you guys doing tonight?
[01:41:50.000 --> 01:41:51.000]  Doing good.
[01:41:51.000 --> 01:41:52.000]  We've got to go quickly.
[01:41:52.000 --> 01:41:57.000]  We've got two minutes in this segment and one segment left.
[01:41:57.000 --> 01:42:00.000]  I called a month ago about the Wooker-Feldman doctrine.
[01:42:00.000 --> 01:42:02.000]  It's still pending in federal court, Randy.
[01:42:02.000 --> 01:42:07.000]  And I sent you our reply brief back home and asked for a store reply.
[01:42:07.000 --> 01:42:10.000]  And it's still pending in federal court as we speak.
[01:42:10.000 --> 01:42:13.000]  I was going to get an email from you that you had a Supreme Court case
[01:42:13.000 --> 01:42:16.000]  regarding the Wooker-Feldman based on the fraud exception.
[01:42:16.000 --> 01:42:18.000]  I haven't heard from anything from you.
[01:42:18.000 --> 01:42:23.000]  And I wanted to see if you could get my email I sent you about two weeks ago.
[01:42:23.000 --> 01:42:27.000]  I got to an email, but I haven't had time to go through it.
[01:42:27.000 --> 01:42:33.000]  And what happens to me is I get so many emails that if I don't get through it pretty quickly,
[01:42:33.000 --> 01:42:38.000]  it drops about five pages down and I lose track of it.
[01:42:38.000 --> 01:42:39.000]  Okay.
[01:42:39.000 --> 01:42:41.000]  So you might want to resend it to me.
[01:42:41.000 --> 01:42:46.000]  When was that decision, Randy?
[01:42:46.000 --> 01:42:47.000]  On Wooker-Feldman?
[01:42:47.000 --> 01:42:48.000]  Uh-huh.
[01:42:48.000 --> 01:42:49.000]  I don't remember.
[01:42:49.000 --> 01:42:51.000]  I did some research on it and looked it up.
[01:42:51.000 --> 01:42:52.000]  There were several.
[01:42:52.000 --> 01:42:54.000]  Was it 2010?
[01:42:54.000 --> 01:42:57.000]  Might have been.
[01:42:57.000 --> 01:43:02.000]  I remember us talking about Wooker-Feldman and I did some research on it.
[01:43:02.000 --> 01:43:06.000]  And for the most part, Wooker-Feldman has been...
[01:43:06.000 --> 01:43:08.000]  Restored to its original form.
[01:43:08.000 --> 01:43:11.000]  Yes.
[01:43:11.000 --> 01:43:13.000]  Eliminated the extensions.
[01:43:13.000 --> 01:43:18.000]  You can't use the federal courts to appeal a state court decision.
[01:43:18.000 --> 01:43:19.000]  Yeah.
[01:43:19.000 --> 01:43:24.000]  To re-litigate what was determined, what was decided in the state.
[01:43:24.000 --> 01:43:25.000]  Right.
[01:43:25.000 --> 01:43:28.000]  I understand that, but the issues that we brought forward to the federal court were
[01:43:28.000 --> 01:43:30.000]  new issues that were not heard in the state court.
[01:43:30.000 --> 01:43:34.000]  We found out on the day of the auction that the bomb dealt with Wells Fargo.
[01:43:34.000 --> 01:43:38.000]  Commercial.
[01:43:38.000 --> 01:43:39.000]  Okay.
[01:43:39.000 --> 01:43:40.000]  Hang on.
[01:43:40.000 --> 01:43:41.000]  We're about to go to break.
[01:43:41.000 --> 01:43:46.000]  This is Randy Kelton, rule of our radio, here with Jeff Cedric.
[01:43:46.000 --> 01:43:49.000]  And we're getting toward the end of the show.
[01:43:49.000 --> 01:43:51.000]  If you get a chance, go look at our sponsors.
[01:43:51.000 --> 01:43:56.000]  And if you need something that we have there, if you get it from our sponsors, it will help
[01:43:56.000 --> 01:43:57.000]  support this network.
[01:43:57.000 --> 01:44:00.000]  My beer forms are getting short.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:46:25.000 --> 01:46:28.000]  Okay, we are back.
[01:46:28.000 --> 01:46:34.000]  Randy Kelton, rule of law radio, here with Jeff Cedric, and we're talking to Shane in New York.
[01:46:34.000 --> 01:46:43.000]  Okay, Shane, what was the nature of the Rooker-Feldman claim in your case?
[01:46:43.000 --> 01:46:49.000]  The Rooker-Feldman claim that the promotion of justice for lack of jurisdiction
[01:46:49.000 --> 01:46:52.000]  is that you can't rejudicate...
[01:46:52.000 --> 01:46:56.000]  Yeah, but what was their claim?
[01:46:56.000 --> 01:46:58.000]  We filed a claim against them because...
[01:46:58.000 --> 01:47:02.000]  I understand, but they're claiming that you violated the Rooker-Feldman.
[01:47:02.000 --> 01:47:05.000]  How did you do that?
[01:47:05.000 --> 01:47:08.000]  Bringing a state judge into federal court can't be re-adjudicated.
[01:47:08.000 --> 01:47:11.000]  No, no, come on, we're asking for specifics.
[01:47:11.000 --> 01:47:18.000]  What did they claim had already been litigated in the state court
[01:47:18.000 --> 01:47:22.000]  that you were now bringing to the federal court?
[01:47:22.000 --> 01:47:28.000]  Okay, all the new stuff that we brought in is that we found out on the day of the auction
[01:47:28.000 --> 01:47:30.000]  that it was not lost while...
[01:47:30.000 --> 01:47:33.000]  No, no, no, I'm getting to...
[01:47:33.000 --> 01:47:37.000]  The other side made a claim under Rooker-Feldman.
[01:47:37.000 --> 01:47:38.000]  Right.
[01:47:38.000 --> 01:47:40.000]  They're claiming...
[01:47:40.000 --> 01:47:45.000]  Did they encompass everything that you brought to the federal court
[01:47:45.000 --> 01:47:49.000]  or did it address something in particular?
[01:47:49.000 --> 01:47:54.000]  They focused on that there is no fraud exception for the Rooker-Feldman.
[01:47:54.000 --> 01:47:58.000]  So why did you bring in fraud anyway?
[01:47:58.000 --> 01:48:03.000]  Because we brought in fraud is because the issue with the note.
[01:48:03.000 --> 01:48:07.000]  They said the note was lost and William McCaffrey came back with his affidavit
[01:48:07.000 --> 01:48:08.000]  stating the note was never lost.
[01:48:08.000 --> 01:48:11.000]  Wells Fargo has the note and we found out on the day of the auction
[01:48:11.000 --> 01:48:15.000]  it was too late to adjudicate that in state court
[01:48:15.000 --> 01:48:17.000]  because they already sold the property on the day we got it.
[01:48:17.000 --> 01:48:20.000]  And you're suing them under what?
[01:48:20.000 --> 01:48:22.000]  The writ of Rooker-Feldman.
[01:48:22.000 --> 01:48:24.000]  Pardon?
[01:48:24.000 --> 01:48:26.000]  The writ of Rooker-Feldman.
[01:48:26.000 --> 01:48:28.000]  You're doing Rooker-Feldman?
[01:48:28.000 --> 01:48:31.000]  Right, in federal court.
[01:48:31.000 --> 01:48:34.000]  I do not know Rooker-Feldman.
[01:48:34.000 --> 01:48:38.000]  Yeah, we filed it way before the judgment was filed.
[01:48:38.000 --> 01:48:40.000]  So, you know, that's one thing we got drawn.
[01:48:40.000 --> 01:48:42.000]  But it's still in federal court.
[01:48:42.000 --> 01:48:45.000]  Explain we're pleven.
[01:48:45.000 --> 01:48:53.000]  I've looked it up half a dozen times and I can't keep it.
[01:48:53.000 --> 01:48:57.000]  Somebody has property without authorization to have it.
[01:48:57.000 --> 01:49:00.000]  Explain we're pleven.
[01:49:00.000 --> 01:49:01.000]  We're pleven.
[01:49:01.000 --> 01:49:03.000]  It's hard to say, isn't it, Randy?
[01:49:03.000 --> 01:49:04.000]  Yeah.
[01:49:04.000 --> 01:49:08.000]  Especially when I'm swallowed above.
[01:49:08.000 --> 01:49:12.000]  It's one property that's been taken away unlawfully.
[01:49:12.000 --> 01:49:17.000]  And if it's based on fraud, the federal courts can intervene.
[01:49:17.000 --> 01:49:21.000]  And there's been actually some rulings that the federal courts
[01:49:21.000 --> 01:49:24.000]  have actually reversed on that, just on that issue alone.
[01:49:24.000 --> 01:49:28.000]  I think it's rule 64 of the federal rules of civil procedure.
[01:49:28.000 --> 01:49:34.000]  Is this an action for which the federal court has exclusive jurisdiction?
[01:49:34.000 --> 01:49:35.000]  No.
[01:49:35.000 --> 01:49:36.000]  Yes.
[01:49:36.000 --> 01:49:40.000]  No, the state courts can do brute pleven also.
[01:49:40.000 --> 01:49:42.000]  Yeah, well, that's...
[01:49:42.000 --> 01:49:44.000]  Oh, I know you're trying to state the state court now.
[01:49:44.000 --> 01:49:45.000]  We want the federal court.
[01:49:45.000 --> 01:49:46.000]  Yeah, I understand.
[01:49:46.000 --> 01:49:55.000]  What I'm trying to get to here is I'm trying to get past the claim of res judicata.
[01:49:55.000 --> 01:49:56.000]  Right.
[01:49:56.000 --> 01:50:02.000]  So this is after what happened in the state court,
[01:50:02.000 --> 01:50:07.000]  and you're literally trying to re-litigate what occurred in the state court
[01:50:07.000 --> 01:50:13.000]  through a re-prevalent claim in the federal court, right?
[01:50:13.000 --> 01:50:14.000]  Yes.
[01:50:14.000 --> 01:50:17.000]  You're kind of, Randy, but we're bringing up new issues
[01:50:17.000 --> 01:50:20.000]  that were not adjudicated in the state court.
[01:50:20.000 --> 01:50:21.000]  Okay.
[01:50:21.000 --> 01:50:30.000]  So you said that a Supreme Court decision gave you fraud as an option to bring forward?
[01:50:30.000 --> 01:50:34.000]  ExxonMobil 2005, that the...
[01:50:34.000 --> 01:50:38.000]  Then you better go look at the more recent decision,
[01:50:38.000 --> 01:50:41.000]  the Supreme Court on Rooker-Pelman in 2010.
[01:50:41.000 --> 01:50:44.000]  Right, yeah, this is the first time hearing of that.
[01:50:44.000 --> 01:50:48.000]  But the good news is that the issues that we brought into the federal court,
[01:50:48.000 --> 01:50:50.000]  besides the fraud going on in the state court,
[01:50:50.000 --> 01:50:53.000]  which could be thrown right out, is that we have...
[01:50:53.000 --> 01:50:55.000]  When McCaffrey's happened, David, on the day of the auction,
[01:50:55.000 --> 01:50:57.000]  that note was never lost, Wells Fargo has it,
[01:50:57.000 --> 01:51:02.000]  and he re-recorded all the mortgage documents two weeks before they filed the claim
[01:51:02.000 --> 01:51:04.000]  without consent from the other party.
[01:51:04.000 --> 01:51:07.000]  So that's two issues that were not adjudicated in the state court.
[01:51:07.000 --> 01:51:09.000]  So we've got a shot.
[01:51:09.000 --> 01:51:11.000]  Okay, all right.
[01:51:11.000 --> 01:51:14.000]  New issues can open up the door that were not presented
[01:51:14.000 --> 01:51:16.000]  in the lower court with the state court.
[01:51:16.000 --> 01:51:19.000]  You can curl with that, Randy.
[01:51:19.000 --> 01:51:23.000]  You were speaking a little fast so that I can listen.
[01:51:23.000 --> 01:51:25.000]  Can you say that again?
[01:51:25.000 --> 01:51:29.000]  Okay, we're bringing in two brand new issues
[01:51:29.000 --> 01:51:33.000]  that were not fully adjudicated in the state court.
[01:51:33.000 --> 01:51:36.000]  Okay, were they not fully adjudicated?
[01:51:36.000 --> 01:51:38.000]  Wait a minute, wait a minute.
[01:51:38.000 --> 01:51:40.000]  What do you mean, you were bringing them in?
[01:51:40.000 --> 01:51:43.000]  Are they in court yet or not?
[01:51:43.000 --> 01:51:45.000]  Yes, it's in federal court right now.
[01:51:45.000 --> 01:51:47.000]  And the new issues are?
[01:51:47.000 --> 01:51:51.000]  Okay, you said not fully adjudicated.
[01:51:51.000 --> 01:51:56.000]  Were these issues brought up in the state court at all?
[01:51:56.000 --> 01:51:58.000]  No.
[01:51:58.000 --> 01:52:04.000]  Were they issues that you could have discovered
[01:52:04.000 --> 01:52:09.000]  while the state case is going on?
[01:52:09.000 --> 01:52:12.000]  We brought it up, but we did not have the evidence at the time,
[01:52:12.000 --> 01:52:15.000]  and William McCaffer was working on it, and it took them, you know,
[01:52:15.000 --> 01:52:18.000]  we got it too late.
[01:52:18.000 --> 01:52:20.000]  They claimed they lost the note, and they had an affidavit of lost note,
[01:52:20.000 --> 01:52:22.000]  and then the issue with the...
[01:52:22.000 --> 01:52:24.000]  So that's a new issue.
[01:52:24.000 --> 01:52:25.000]  Yeah, this is a new issue.
[01:52:25.000 --> 01:52:26.000]  So it was too late.
[01:52:26.000 --> 01:52:27.000]  Okay.
[01:52:27.000 --> 01:52:31.000]  Newly discovered information that you could not have discovered before the case.
[01:52:31.000 --> 01:52:33.000]  So yeah, that should get you a claim.
[01:52:33.000 --> 01:52:34.000]  Right.
[01:52:34.000 --> 01:52:37.000]  Yes, that's the only thing I'm hanging my head on right now,
[01:52:37.000 --> 01:52:40.000]  so there's an outside chance that they might do something.
[01:52:40.000 --> 01:52:42.000]  So we still haven't...
[01:52:42.000 --> 01:52:46.000]  So this is a motion to dismiss that they have in front of the court now?
[01:52:46.000 --> 01:52:51.000]  Yes, they followed that, we responded back, and then they responded back
[01:52:51.000 --> 01:52:55.000]  without even the judge ruling on the motion to do a surreply,
[01:52:55.000 --> 01:52:59.000]  and then we responded back to them, so it's been pretty amazing.
[01:52:59.000 --> 01:53:05.000]  So they did not put a motion for surreply on top of their answer?
[01:53:05.000 --> 01:53:08.000]  No, they already answered that motion for surreply.
[01:53:08.000 --> 01:53:14.000]  Stan, we are bringing up frivolous issues about these two new issues,
[01:53:14.000 --> 01:53:18.000]  and we responded back to them as saying, you know, I sent that to you, Randy.
[01:53:18.000 --> 01:53:19.000]  It was only about two pages long.
[01:53:19.000 --> 01:53:22.000]  We followed an affidavit back at them.
[01:53:22.000 --> 01:53:27.000]  So the key thing is new issues, new issues.
[01:53:27.000 --> 01:53:28.000]  Okay.
[01:53:28.000 --> 01:53:30.000]  So we got a shot.
[01:53:30.000 --> 01:53:32.000]  Great.
[01:53:32.000 --> 01:53:34.000]  So I just wanted to see what you guys thought about it.
[01:53:34.000 --> 01:53:35.000]  Okay.
[01:53:35.000 --> 01:53:37.000]  Yeah, keep us up to date.
[01:53:37.000 --> 01:53:41.000]  Okay, now we're going to go to Jason in California.
[01:53:41.000 --> 01:53:46.000]  No, Jason in Georgia.
[01:53:46.000 --> 01:53:47.000]  Go ahead, Jason.
[01:53:47.000 --> 01:53:49.000]  What do you have for us?
[01:53:49.000 --> 01:53:53.000]  Can you hear me?
[01:53:53.000 --> 01:53:56.000]  Jason, we can't hear you.
[01:53:56.000 --> 01:53:58.000]  Randy.
[01:53:58.000 --> 01:53:59.000]  Okay, go ahead.
[01:53:59.000 --> 01:54:01.000]  Randy, can you hear me?
[01:54:01.000 --> 01:54:03.000]  Yes, I can hear you.
[01:54:03.000 --> 01:54:04.000]  Okay.
[01:54:04.000 --> 01:54:07.000]  I'll keep it brief because I know we're short on time.
[01:54:07.000 --> 01:54:14.000]  My wife became delinquent on a credit card bill back in 2009 or 2010,
[01:54:14.000 --> 01:54:21.000]  and it was subsequently sold off and sold off and sold off down the line.
[01:54:21.000 --> 01:54:28.000]  And we actually moved from one residence to the other during that whole process
[01:54:28.000 --> 01:54:36.000]  and didn't even realize that they had filed a lawsuit against her for roughly $6,000.
[01:54:36.000 --> 01:54:43.000]  So to make a long story short, we just received a letter in the mail last month
[01:54:43.000 --> 01:54:53.000]  where the attorney that sued her was dismissing with prejudice the lawsuit.
[01:54:53.000 --> 01:55:01.000]  And I can't figure out why they didn't just motion for summary judgment.
[01:55:01.000 --> 01:55:03.000]  Why didn't they get the judgment?
[01:55:03.000 --> 01:55:11.000]  Why did it pan out this way?
[01:55:11.000 --> 01:55:16.000]  I don't understand why they walked away.
[01:55:16.000 --> 01:55:19.000]  Well, there's no way that we can tell you.
[01:55:19.000 --> 01:55:23.000]  Yeah, I have no idea why they would pay a filing fee,
[01:55:23.000 --> 01:55:28.000]  get the case filed, and then do a dismiss with prejudice.
[01:55:28.000 --> 01:55:35.000]  According to what he said, they got a judgment and they're vacating the judgment.
[01:55:35.000 --> 01:55:37.000]  Is that not correct, sir?
[01:55:37.000 --> 01:55:38.000]  No, that is not correct.
[01:55:38.000 --> 01:55:41.000]  What happened is they filed a lawsuit.
[01:55:41.000 --> 01:55:49.000]  They sent it in the mail.
[01:55:49.000 --> 01:55:51.000]  You're breaking up, sir.
[01:55:51.000 --> 01:55:56.000]  Somehow we did not get notified of the lawsuit.
[01:55:56.000 --> 01:55:59.000]  We've got that part, but...
[01:55:59.000 --> 01:56:03.000]  Okay, so what happened is we're bebopping along and two years later,
[01:56:03.000 --> 01:56:12.000]  without any incident, the letter arrives in the mailbox that says,
[01:56:12.000 --> 01:56:15.000]  this is dismissed.
[01:56:15.000 --> 01:56:21.000]  Is the letter from the court or is the letter from the plaintiff?
[01:56:21.000 --> 01:56:28.000]  It was a letter from the plaintiff, but it also included a document that was
[01:56:28.000 --> 01:56:34.000]  stamped by the clerk of court telling that the case had been dismissed.
[01:56:34.000 --> 01:56:41.000]  And the whole time, we've had assets sitting wide open in this county.
[01:56:41.000 --> 01:56:42.000]  Okay.
[01:56:42.000 --> 01:56:45.000]  There's no way that anybody can tell you why they chose to take the action
[01:56:45.000 --> 01:56:46.000]  that they took.
[01:56:46.000 --> 01:56:49.000]  They may not be able to explain it.
[01:56:49.000 --> 01:56:53.000]  It could be an error or...
[01:56:53.000 --> 01:56:56.000]  Jeff, you've never heard of any kind of...
[01:56:56.000 --> 01:56:59.000]  Let me ask you this question since we're short on time.
[01:56:59.000 --> 01:57:02.000]  Let me ask you the follow-up question and then that's it.
[01:57:02.000 --> 01:57:07.000]  The second thing is I went and pulled the lawsuit after I was made aware of the
[01:57:07.000 --> 01:57:09.000]  lawsuit by going to the courthouse.
[01:57:09.000 --> 01:57:14.000]  The courthouse documents showed that the only two pieces of evidence that they
[01:57:14.000 --> 01:57:24.000]  entered into as exhibits was a photocopy of a card member agreement and a
[01:57:24.000 --> 01:57:32.000]  billing statement with my wife's name and an amount, you know, a monthly
[01:57:32.000 --> 01:57:35.000]  statement, a copy of one of the monthly statements.
[01:57:35.000 --> 01:57:39.000]  And to me, it looks like I might be able to go after them if they come back to
[01:57:39.000 --> 01:57:42.000]  us with a last...
[01:57:42.000 --> 01:57:46.000]  What is the statute of limitations on an open-ended account?
[01:57:46.000 --> 01:57:47.000]  Wait a minute.
[01:57:47.000 --> 01:57:50.000]  They said they dismissed with prejudice.
[01:57:50.000 --> 01:57:52.000]  They were dismissed with prejudice?
[01:57:52.000 --> 01:57:53.000]  No.
[01:57:53.000 --> 01:57:54.000]  I'm sorry.
[01:57:54.000 --> 01:57:55.000]  They dismissed without.
[01:57:55.000 --> 01:57:56.000]  I'm sorry.
[01:57:56.000 --> 01:57:57.000]  Oh, okay.
[01:57:57.000 --> 01:58:02.000]  They may have found an error in their own filing and want to redo it.
[01:58:02.000 --> 01:58:08.000]  But they can't come back after they voluntarily dismissed it.
[01:58:08.000 --> 01:58:13.000]  They have to come back, they have to show cause to come back after you.
[01:58:13.000 --> 01:58:17.000]  What is the statute of limitations for an open-ended account in your state?
[01:58:17.000 --> 01:58:18.000]  It's six years.
[01:58:18.000 --> 01:58:21.000]  She's still under the statute of limitations right now.
[01:58:21.000 --> 01:58:22.000]  Okay.
[01:58:22.000 --> 01:58:23.000]  Okay.
[01:58:23.000 --> 01:58:27.000]  But according to Georgia, it doesn't look like they can win...
[01:58:27.000 --> 01:58:28.000]  Okay.
[01:58:28.000 --> 01:58:29.000]  Wait, wait.
[01:58:29.000 --> 01:58:30.000]  We were out of time.
[01:58:30.000 --> 01:58:31.000]  It was 2009, 2010.
[01:58:31.000 --> 01:58:32.000]  You're close.
[01:58:32.000 --> 01:58:33.000]  Just hold them off for a little while.
[01:58:33.000 --> 01:58:34.000]  I am sorry.
[01:58:34.000 --> 01:58:35.000]  We were out of time.
[01:58:35.000 --> 01:58:37.000]  Randy Kelton, Wheel of Law Radio.
[01:58:37.000 --> 01:58:40.000]  We'll be back next Thursday night at 8 p.m. Central.
[01:58:40.000 --> 01:58:44.000]  Thank you all for listening and good night.
[01:58:44.000 --> 01:58:46.000]  Good night.
[01:58:46.000 --> 01:59:15.000]  Good night.
[01:59:16.000 --> 01:59:41.000]  Good night.
[01:59:41.000 --> 01:59:57.000]  Good night.