[00:00.000 --> 00:08.000]  The following flash is brought to you by the Lone Star Lowdown, providing the jelly bulletins for the commodities market.
[00:08.000 --> 00:16.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:23.000]  Markets for the 11th of December, 2015.
[00:23.000 --> 00:32.000]  Open up with gold, $1,070.62 an ounce. Silver, $14.11 an ounce. Texas crude, $36.76 a barrel.
[00:32.000 --> 00:37.000]  And Bitcoin is currently sitting at about $420 U.S. currency.
[00:42.000 --> 00:46.000]  Today in history, Thursday, December 11, 1913.
[00:46.000 --> 00:53.000]  The Mona Lisa stolen from the world's most visited museum, the iconic Louvre Museum in France, is finally recovered.
[00:53.000 --> 01:01.000]  It was snatched from the world's biggest museum just two years prior by Vincenzo Perugia on August 21, 1911.
[01:05.000 --> 01:14.000]  In recent news, the use of big pharma and big agriculture is causing certain bacteria to develop resistance to the antibiotics being used on animals farmed for human consumption.
[01:14.000 --> 01:20.000]  This issue has spurred recommendations released in a report commissioned by British Prime Minister David Cameron earlier this week.
[01:20.000 --> 01:48.000]  Economist Jim O'Neill, who heads the commission, told The Guardian that
[01:50.000 --> 01:56.000]  estimates global antibiotic consumption in agriculture anywhere from 63,000 to 240,000 tons,
[01:56.000 --> 02:09.000]  with these figures predicted to rise at 67% from 2010 to 2030 due to Brazil, Russia, India, China, and South African nations increasing their antibiotic use by as much as 99% in the next two decades as well.
[02:09.000 --> 02:23.000]  Critics of the proposal cite shortages or price hikes on antibiotics as a result of the restrictionist policies that would have to be enforced over production and distribution.
[02:23.000 --> 02:33.000]  French Foreign Minister Laurent Fabius says that the COP21 climate talks he is co-hosting outside of Paris will not end today as scheduled, but will be extended at least until tomorrow.
[02:33.000 --> 02:41.000]  Diplomats and other top officials from more than 190 countries are agreeing on the final details of the global initiative to reduce man-made carbon emissions.
[02:41.000 --> 02:44.000]  There is still work to do. Things are going in the right direction, he said.
[02:44.000 --> 02:53.000]  Another crucial factor is China, the U.S., and other nations trying to figure out who's paying what for the multi-trillion dollar transition to clean energy on a global scale.
[02:53.000 --> 03:03.000]  This is your Lowdown for December 11, 2015.
[03:23.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you? Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:53.000]  When you were eight and you had bad traits, you'd go to school and learn to go with them rules. So why are you acting like a bloody fool? If you get caught singing much too cool. Bad boys, bad boys, whatcha gonna do?
[03:53.000 --> 04:15.000]  What are you going to do when we come for you here on the Rule of Law? This is Deborah Stevens. I am here with Randy Kelton. I'm going to participate in the show tonight. Usually I'm only here on Thursday nights, but I'm here tonight on a Friday night because we have a very special guest for y'all, someone who hasn't been on the show for a while.
[04:15.000 --> 04:26.600]  And that is our good friend, Mr. Michael Mears of the famous Michael Mears method of how to deal with creditors and debt collectors.
[04:26.600 --> 04:32.400]  So Mike is going to be on with us for the first hour, maybe longer, if it's heading that direction.
[04:32.400 --> 04:34.200]  We have lots of people that want to talk to him.
[04:34.200 --> 04:40.200]  So folks, you're welcome to call in to ask questions about how to deal with debt collectors,
[04:40.200 --> 04:47.600]  how to deal with creditors and the credit bureaus and FDCPA and FCRA and all that kind of good stuff.
[04:47.600 --> 04:52.400]  And Mike is going to be talking a little bit about how to do this.
[04:52.400 --> 04:59.400]  And he, of course, has had six successful victories in federal court on this issue.
[04:59.400 --> 05:00.600]  I've had one.
[05:00.600 --> 05:05.200]  I've used the Mike Mears method myself and I have to say it worked like a charm.
[05:05.200 --> 05:08.600]  And I'll be talking about that case a little bit later on.
[05:08.600 --> 05:17.800]  So folks, if you have questions on other issues, if you could just please hold your calls and wait till our guest is finished with discussing his topic.
[05:17.800 --> 05:23.400]  But if you have questions on topic, you're welcome to call in 512-646-1984.
[05:23.400 --> 05:26.000]  Mike, welcome to the show.
[05:26.000 --> 05:27.800]  Thank you, Deborah. How have you been?
[05:27.800 --> 05:30.000]  Oh, I've been pretty good, pretty good.
[05:30.000 --> 05:32.000]  The network is going well.
[05:32.000 --> 05:36.600]  We've been adding more shows and yeah, things have been going really well.
[05:36.600 --> 05:41.000]  So we haven't had you on for a while and I'm really glad to get you back on.
[05:41.000 --> 05:46.200]  We have had some emails of people asking about you and I thought, well, we need to have Mike on again.
[05:46.200 --> 05:52.400]  And so we do sell Mike's course here on Logos Radio Network.
[05:52.400 --> 05:57.400]  It's on the sponsor's page, How to Beat Debt Collectors, How to Deal with Debt Collectors.
[05:57.400 --> 05:59.200]  You'll see it's a blue banner.
[05:59.200 --> 06:02.800]  There's also a blue banner on ruleoflawradio.com.
[06:02.800 --> 06:04.600]  And Mike is very helpful.
[06:04.600 --> 06:07.200]  The course is very, very helpful.
[06:07.200 --> 06:08.800]  It explains everything well.
[06:08.800 --> 06:10.600]  There's templates.
[06:10.600 --> 06:11.800]  There's examples.
[06:11.800 --> 06:16.400]  And of course, Mike can be hired for personal consultation as well.
[06:16.400 --> 06:22.400]  But Mike will also help to a certain degree even without extra funds.
[06:22.400 --> 06:24.800]  He has been known to do that.
[06:24.800 --> 06:34.400]  So he's very helpful folks and I'm really glad to have met him because he certainly helped us.
[06:34.400 --> 06:40.000]  So Mike, why don't you explain a little bit about your course and how did you get into this?
[06:40.000 --> 06:49.400]  How did you figure out how to do this kind of thing pro se and, you know, figure out how to take these guys on?
[06:49.400 --> 06:50.600]  Yeah, no problem.
[06:50.600 --> 06:57.400]  And the first thing I just want to say is I'm not an attorney and I'm not giving any legal advice to anybody.
[06:57.400 --> 07:02.000]  However, I've beaten a few attorneys, more than one.
[07:02.000 --> 07:03.000]  Okay.
[07:03.000 --> 07:04.800]  So everybody knows.
[07:04.800 --> 07:11.600]  I got involved a little back around 2002, 2003 with this stuff.
[07:11.600 --> 07:15.600]  And I'd gone through a divorce.
[07:15.600 --> 07:18.800]  My credit got screwed up.
[07:18.800 --> 07:26.400]  I worked for major corporations and they don't like to see people with bad credit and that kind of stuff
[07:26.400 --> 07:29.800]  working in their industries and trying to get a job.
[07:29.800 --> 07:31.000]  They don't want to hire you.
[07:31.000 --> 07:33.400]  And I didn't want that to happen to me.
[07:33.400 --> 07:43.800]  So I had this one account that had gotten in arrears and I got it all caught up and I paid it,
[07:43.800 --> 07:47.800]  got it all caught up to that, did the date and did the right things.
[07:47.800 --> 07:49.200]  Okay.
[07:49.200 --> 07:52.800]  And then I went to them and I said, well, look, you know, I got this all caught up.
[07:52.800 --> 07:53.800]  It's all paid for.
[07:53.800 --> 07:56.200]  Everything is good.
[07:56.200 --> 07:58.800]  But you're badmouthing me in my credit report.
[07:58.800 --> 08:03.600]  And their response was, well, we can't do anything about that.
[08:03.600 --> 08:04.400]  What do you mean?
[08:04.400 --> 08:09.200]  I do everything right and fix the problem.
[08:09.200 --> 08:16.000]  And now you're going to punish me for seven years by badmouthing me in my credit report?
[08:16.000 --> 08:23.000]  And that's what got me going on this thing.
[08:23.000 --> 08:34.600]  And at any rate, the first mistake I made, I took my first case with a debt collector
[08:34.600 --> 08:37.800]  into a local court and it went okay.
[08:37.800 --> 08:38.400]  I won.
[08:38.400 --> 08:43.000]  They settled with me, but the local courts just don't get a lot of this stuff.
[08:43.000 --> 08:48.400]  These are federal consumer protection laws, the Fair Credit Reporting Act,
[08:48.400 --> 08:54.400]  the Debt Collection Practices Act, and the Telephone Consumer Protection Act.
[08:54.400 --> 08:58.200]  These are designed to protect consumers from this stuff.
[08:58.200 --> 09:03.800]  And that being said, you know, it's nice to know those laws are out there,
[09:03.800 --> 09:07.000]  but how do you apply them and how do you use them?
[09:07.000 --> 09:09.600]  And that's where I come in.
[09:09.600 --> 09:13.000]  Number one, I don't tell anybody not to pay their debts.
[09:13.000 --> 09:15.600]  And, you know, I've said this many, many times.
[09:15.600 --> 09:23.000]  I understand that bad things happen to good people.
[09:23.000 --> 09:27.800]  And you've got to sometimes you lose a job, you get an illness, you can't work,
[09:27.800 --> 09:36.400]  someone in your family is sick, you try to help them out, and you get behind.
[09:36.400 --> 09:39.000]  So the point is, how do you fix those problems?
[09:39.000 --> 09:43.400]  How do you get back up on your feet, get the high scores, you know,
[09:43.400 --> 09:45.800]  credit scores on your credit reports?
[09:45.800 --> 09:53.400]  And this process, and that's one of the hardest things I have to teach people,
[09:53.400 --> 09:57.400]  has nothing to do with the debts or monies claimed to be owed,
[09:57.400 --> 10:01.800]  whether you defaulted on this or that, you got judgment.
[10:01.800 --> 10:04.600]  It has nothing to do with that.
[10:04.600 --> 10:11.200]  It's the laws, the rules, the rule of law these creditors
[10:11.200 --> 10:15.200]  and debt collectors need to follow, and they don't do it.
[10:15.200 --> 10:18.000]  It's that simple, and credit bureaus as well.
[10:18.000 --> 10:22.400]  I've had them in the federal courts and I beat them too.
[10:22.400 --> 10:27.600]  But it's learning the process and getting your head wrapped around the simplicity of it.
[10:27.600 --> 10:28.400]  It is simple.
[10:28.400 --> 10:34.000]  Federal court is much more laid back than the local courts.
[10:34.000 --> 10:39.000]  And it's been a tremendous experience for me.
[10:39.000 --> 10:44.200]  I can do this stuff standing on my head and it doesn't take any time at all.
[10:44.200 --> 10:47.600]  And I got to tell Deborah, I had a recent situation.
[10:47.600 --> 10:49.800]  You folks are going to love this one.
[10:49.800 --> 10:53.400]  It was about a year and a half, yeah, a couple of years ago.
[10:53.400 --> 11:02.000]  I did a refinance on one of my properties and went through the closing and all that,
[11:02.000 --> 11:08.200]  no problem, and the closing company showed me the payoff check,
[11:08.200 --> 11:12.800]  which is about $243,000 approximately.
[11:12.800 --> 11:17.200]  And they said, Mr. Mears, we're going to send this out FedEx overnight.
[11:17.200 --> 11:23.600]  And the servicer, and I won't mention company's name, was in Oklahoma City.
[11:23.600 --> 11:29.400]  And they'll get that by Friday.
[11:29.400 --> 11:30.400]  I mean, okay, great.
[11:30.400 --> 11:31.200]  Well, it's good to me.
[11:31.200 --> 11:32.000]  Everything's good.
[11:32.000 --> 11:32.400]  We signed.
[11:32.400 --> 11:33.800]  We did the refinance.
[11:33.800 --> 11:43.200]  Well, FedEx gets to the servicer's office and apparently they were closed.
[11:43.200 --> 11:47.400]  For whatever reason, they were closed and FedEx couldn't deliver the check.
[11:47.400 --> 11:50.400]  And then that was on a Friday or Saturday.
[11:50.400 --> 11:51.700]  The first was on Monday.
[11:51.700 --> 11:56.400]  They didn't get the check until Monday.
[11:56.400 --> 11:59.400]  And they got the check.
[11:59.400 --> 12:01.100]  They got paid in full.
[12:01.100 --> 12:07.900]  The notes totally paid off and they went into my credit report and said I was late
[12:07.900 --> 12:12.600]  for not paying it within the 30-day timeframe of the previous month.
[12:12.600 --> 12:16.700]  So folks, let me get this straight.
[12:16.700 --> 12:19.200]  This thing was totally out of my hands.
[12:19.200 --> 12:30.200]  We sent the check via FedEx overnight mail and I had nothing to do with it.
[12:30.200 --> 12:31.600]  It didn't get there on time.
[12:31.600 --> 12:34.800]  Well, anyhow, I let it go for a few months.
[12:34.800 --> 12:39.400]  I contacted them and of course the typical answer you'll get from a clerk at one
[12:39.400 --> 12:45.900]  of these places is, oh, we can't do anything about that.
[12:45.900 --> 12:50.400]  Okay. But they took it a step further, folks.
[12:50.400 --> 12:54.300]  Not only did they report me late for September, they reported in one
[12:54.300 --> 12:58.400]  of my credit reports I was late for October.
[12:58.400 --> 13:00.100]  Hmm. Wait a minute.
[13:00.100 --> 13:00.900]  Wait a minute.
[13:00.900 --> 13:02.600]  You got the check on the 1st of September.
[13:02.600 --> 13:07.200]  It was totally paid off and now I'm late for October too?
[13:07.200 --> 13:12.700]  Well, I let that build up for a little while because that's kind of the procedure.
[13:12.700 --> 13:20.700]  I let it build up for about, oh, I guess, I don't know, five or six months.
[13:20.700 --> 13:25.700]  And I had contacted them twice by phone to try to correct that they wouldn't listen.
[13:25.700 --> 13:33.800]  So I prepared the lawsuit under Fair Credit Reporting Act violations.
[13:33.800 --> 13:39.000]  And I had them on three or four and it's $1,000 per violation across each report.
[13:39.000 --> 13:42.700]  So $3,000 times every day they break the law.
[13:42.700 --> 13:47.600]  I had a $1.1 million lawsuit prepared to go against them.
[13:47.600 --> 13:57.700]  One more time, $1.1 million lawsuit for violations of the Fair Credit Reporting Act.
[13:57.700 --> 14:03.000]  And I had talked to the closing company and I even talked to the new mortgage company
[14:03.000 --> 14:05.800]  and they said, Mr. Merris, we're very sorry this happened.
[14:05.800 --> 14:07.900]  We'll help you in any way we can.
[14:07.900 --> 14:13.600]  I says, well, I may have to subpoena you to testify.
[14:13.600 --> 14:17.400]  I says, if it comes to that, but I'm going to fix it.
[14:17.400 --> 14:21.200]  I prepared a notice of pending lawsuit and sent it to them.
[14:21.200 --> 14:23.500]  One more time, $1.1 million.
[14:23.500 --> 14:24.700]  Come on, boys and girls.
[14:24.700 --> 14:25.500]  You want to play?
[14:25.500 --> 14:26.800]  Let's play.
[14:26.800 --> 14:28.300]  I'd like to play.
[14:28.300 --> 14:33.200]  You want to find out if the courts are going to listen to this?
[14:33.200 --> 14:36.700]  The point is, I sent them off, notice of pending lawsuit.
[14:36.700 --> 14:38.800]  I told them, you've got 10 days to respond.
[14:38.800 --> 14:43.800]  If I don't hear from you on the 11th day, I'm filing this in federal court.
[14:43.800 --> 14:49.200]  About four or five days before the 10 days was up, I get a knock on my front door.
[14:49.200 --> 14:51.500]  I go to the door and I'm sitting on the mud mat.
[14:51.500 --> 14:53.700]  It's a FedEx envelope.
[14:53.700 --> 14:55.600]  What's this?
[14:55.600 --> 14:58.400]  I open it up.
[14:58.400 --> 15:03.300]  One page letter in there from Mr. Merris, out of courtesy to you,
[15:03.300 --> 15:07.600]  we're deleting all that information from your credit report.
[15:07.600 --> 15:12.200]  And keep this letter to show to the credit bureaus if you have any issues.
[15:12.200 --> 15:16.400]  And down at the bottom, it's signed by their legal department.
[15:16.400 --> 15:20.800]  Yeah, that's who I want to talk to, not some clerk.
[15:20.800 --> 15:22.800]  They got the message, folks.
[15:22.800 --> 15:24.000]  They got the message.
[15:24.000 --> 15:25.400]  Mike, that is awesome.
[15:25.400 --> 15:27.700]  I have a question for you regarding this.
[15:27.700 --> 15:32.800]  Did they completely pull out of your credit report altogether,
[15:32.800 --> 15:37.200]  or did they just pull the negative entries and leave it in there
[15:37.200 --> 15:41.100]  that you had paid off your mortgage and all of that?
[15:41.100 --> 15:41.600]  Correct.
[15:41.600 --> 15:42.600]  That's what they did.
[15:42.600 --> 15:45.800]  And they put it in there, paid as agreed, zero bound.
[15:45.800 --> 15:46.300]  Good.
[15:46.300 --> 15:46.800]  That's it.
[15:46.800 --> 15:48.200]  That's what they wanted to see.
[15:48.200 --> 15:49.900]  Yeah.
[15:49.900 --> 15:54.200]  Deborah, that's why I have an 817 psycho score.
[15:54.200 --> 16:02.400]  Well, anyway, the point is, I was prepared to say,
[16:02.400 --> 16:07.600]  and I could have, you know, the one that they recorded late in October
[16:07.600 --> 16:09.800]  was totally false.
[16:09.800 --> 16:14.000]  The law says, the fair credit reporting act says,
[16:14.000 --> 16:18.800]  they must report accurately.
[16:18.800 --> 16:21.700]  So how the heck are you reporting accurately
[16:21.700 --> 16:24.800]  when I paid the thing off in September and you're saying
[16:24.800 --> 16:27.600]  now I was late for October?
[16:27.600 --> 16:31.600]  And they got paid off October 1st.
[16:31.600 --> 16:35.800]  So my attitude was, if I had taken this
[16:35.800 --> 16:40.800]  in front of a jury in federal court,
[16:40.800 --> 16:42.400]  I don't think they would have stood a chance.
[16:42.400 --> 16:44.200]  I think the jury had thrown the book at them.
[16:44.200 --> 16:44.800]  Yeah, I think so.
[16:44.800 --> 16:48.000]  I'll see if I hear the commercial coming up.
[16:48.000 --> 16:50.600]  Yep, we're about to go to break, folks.
[16:50.600 --> 16:54.700]  We'll be back on the other side with more from Mr. Michael Maris
[16:54.700 --> 16:57.400]  on how to deal with debt collectors and creditors.
[16:57.400 --> 17:00.400]  We'll be right back.
[17:00.400 --> 17:05.000]  NonGMOsolutions.com is now a proud sponsor of the Logos Radio
[17:05.000 --> 17:07.800]  Network with promo code Logos.
[17:07.800 --> 17:10.400]  We thank you for the opportunity to be your source
[17:10.400 --> 17:13.400]  for new man of foods, the leader in high quality food
[17:13.400 --> 17:15.200]  that you will truly enjoy.
[17:15.200 --> 17:18.000]  You'll find gluten-free options, and all products
[17:18.000 --> 17:21.500]  are free from high fructose corn syrup, aspartame, soy,
[17:21.500 --> 17:22.500]  and MSG.
[17:22.500 --> 17:24.000]  Whether you're on a tight budget,
[17:24.000 --> 17:27.200]  looking for options to reduce food costs without compromising
[17:27.200 --> 17:30.000]  health, or securing long-term 25-year storable
[17:30.000 --> 17:33.900]  food for an uncertain future, then NonGMOsolutions.com
[17:33.900 --> 17:35.700]  is your common sense answer.
[17:35.700 --> 17:39.200]  Take advantage of a 10% discount to promo code Logos.
[17:39.200 --> 17:41.700]  No longer will you compromise taste and quality
[17:41.700 --> 17:45.600]  for full-term shelf life or eat poor quality food due to cost.
[17:45.600 --> 17:48.900]  Check out our flexor pay options and design a no-contract plan
[17:48.900 --> 17:50.300]  to satisfy your needs.
[17:50.300 --> 17:54.000]  Go to NonGMOsolutions.com today and get 10% off
[17:54.000 --> 17:55.600]  with promo code Logos.
[17:55.600 --> 18:00.800]  That's NonGMOsolutions.com with promo code Logos.
[18:00.800 --> 18:03.200]  Through advances in technology, our lives
[18:03.200 --> 18:06.700]  have greatly improved, except in the area of nutrition.
[18:06.700 --> 18:09.600]  People feed their pets better than they feed themselves,
[18:09.600 --> 18:11.600]  and it's time we changed all that.
[18:11.600 --> 18:14.600]  Our primary defense against aging and disease
[18:14.600 --> 18:17.900]  in this toxic environment is good nutrition.
[18:17.900 --> 18:20.600]  In a world where natural foods have been irradiated,
[18:20.600 --> 18:23.600]  adulterated, and mutilated, young Jevity
[18:23.600 --> 18:25.900]  can provide the nutrients you need.
[18:25.900 --> 18:28.200]  Logos Radio Network gets many requests
[18:28.200 --> 18:31.900]  to endorse all sorts of products, most of which we reject.
[18:31.900 --> 18:34.700]  We have come to trust young Jevity so much,
[18:34.700 --> 18:36.800]  we became a marketing distributor,
[18:36.800 --> 18:40.300]  along with Alex Jones, Ben Fuchs, and many others.
[18:40.300 --> 18:43.700]  When you order from LogosRadioNetwork.com,
[18:43.700 --> 18:47.900]  your health will improve as you help support quality radio.
[18:47.900 --> 18:50.600]  As you realize the benefits of young Jevity,
[18:50.600 --> 18:52.200]  you may want to join us.
[18:52.200 --> 18:55.600]  As a distributor, you can experience improved health,
[18:55.600 --> 18:59.200]  help your friends and family, and increase your income.
[18:59.200 --> 19:02.200]  Order now.
[19:02.200 --> 19:05.500]  You are listening to the Logos Radio Network,
[19:05.500 --> 19:30.300]  LogosRadioNetwork.com.
[19:30.300 --> 19:48.700]  All right, folks.
[19:48.700 --> 19:54.000]  We are back with Michael Maris on how to deal with creditors
[19:54.000 --> 19:56.800]  and debt collectors and the credit bureaus.
[19:56.800 --> 20:01.700]  So as we can plainly see, don't mess with Mike Maris
[20:01.700 --> 20:04.300]  when it comes to the credit issue.
[20:04.300 --> 20:08.900]  And it's a dead-bang approach, folks.
[20:08.900 --> 20:10.100]  It's in the box.
[20:10.100 --> 20:12.500]  It works every time.
[20:12.500 --> 20:15.700]  He's obviously had success every time doing this.
[20:15.700 --> 20:19.500]  And every listener who has purchased his course
[20:19.500 --> 20:22.100]  has always given raving reviews.
[20:22.100 --> 20:24.900]  We haven't had one unsatisfied customer.
[20:24.900 --> 20:26.200]  And that includes myself.
[20:26.200 --> 20:30.300]  We were able to deal with an issue in our credit report
[20:30.300 --> 20:31.500]  with the Mike Maris method.
[20:31.500 --> 20:33.300]  And I was very happy.
[20:33.300 --> 20:38.100]  We did get paid to go away, just as the ad says.
[20:38.100 --> 20:41.900]  And now, Jerry and I both, our credit score is not
[20:41.900 --> 20:43.500]  quite as good as yours, Mike.
[20:43.500 --> 20:45.500]  We're about in the 740 range.
[20:45.500 --> 20:49.300]  But I think that's a pretty good deal right now for us.
[20:49.300 --> 20:51.200]  So yeah.
[20:51.200 --> 20:51.900]  So OK.
[20:51.900 --> 20:55.300]  So Mike, you've been working on some new stuff, too,
[20:55.300 --> 20:57.200]  that you want to talk about.
[20:57.200 --> 20:58.600]  Yeah.
[20:58.600 --> 21:01.900]  I had a group approach me, a gentleman I know.
[21:01.900 --> 21:03.000]  He's in Tennessee.
[21:03.000 --> 21:06.700]  And he works as a legal assistant.
[21:06.700 --> 21:11.600]  And he has people coming to him constantly.
[21:11.600 --> 21:13.300]  And they're trying to help these folks.
[21:16.900 --> 21:20.800]  They're being sued in the local courts, period.
[21:20.800 --> 21:24.400]  And again, this is all civil action, folks.
[21:24.400 --> 21:28.000]  You don't have to be an attorney to represent yourself.
[21:28.000 --> 21:30.900]  That's the freedom we have in this country.
[21:30.900 --> 21:34.100]  But these folks are being sued.
[21:34.100 --> 21:36.800]  They got sued with a summons.
[21:36.800 --> 21:38.800]  Notice, we're suing you.
[21:38.800 --> 21:42.300]  And you've got basically 30 days to respond.
[21:42.300 --> 21:44.000]  If you don't respond, well, they'll
[21:44.000 --> 21:45.800]  get a default judgment on you.
[21:45.800 --> 21:48.100]  And that's the worst thing you can do,
[21:48.100 --> 21:51.600]  is ignore a summons when it's served on you.
[21:51.600 --> 21:54.700]  That's the worst thing you can do.
[21:54.700 --> 21:57.200]  You need to respond.
[21:57.200 --> 22:00.100]  And there is a basic response that you can do.
[22:00.100 --> 22:04.800]  We have due process of law in this country.
[22:04.800 --> 22:07.400]  Rule of Law Radio talks about that all the time,
[22:07.400 --> 22:09.900]  due process of law.
[22:09.900 --> 22:12.100]  Well, if you're served but you don't answer,
[22:12.100 --> 22:15.300]  the court doesn't want to answer, you're guilty.
[22:15.300 --> 22:17.500]  So we're just going to get a default judgment on you
[22:17.500 --> 22:19.600]  and grant it to the plaintiff.
[22:19.600 --> 22:25.300]  The point is, they brought me on so I could show folks
[22:25.300 --> 22:30.900]  and send folks sworn denial and a motion to dismiss.
[22:30.900 --> 22:33.800]  And everybody's thinking, oh, sworn denial, what is that?
[22:33.800 --> 22:35.900]  Well, it's a one-page write-up.
[22:35.900 --> 22:36.900]  It's law and lawyerese.
[22:39.800 --> 22:44.700]  And you lay it out, like court case, one sheet of paper,
[22:44.700 --> 22:47.000]  comes now the defendant.
[22:47.000 --> 22:51.900]  Sworn denial comes now the defendant, Bill Jones.
[22:51.900 --> 22:53.900]  I don't recall if this is my account.
[22:53.900 --> 22:56.600]  And if this is my account, the amount being sued for
[22:56.600 --> 22:57.600]  is the wrong amount.
[22:57.600 --> 23:00.800]  It's just plain, simple language like that.
[23:00.800 --> 23:02.300]  Sign it and notarize it.
[23:02.300 --> 23:08.000]  Well, you just denied that you know anything
[23:08.000 --> 23:09.400]  about what they're talking about.
[23:09.400 --> 23:13.400]  But you did it in lawyerese, OK?
[23:13.400 --> 23:17.000]  You sign, you notarize it, you send it to the court.
[23:17.000 --> 23:19.000]  What does this do?
[23:19.000 --> 23:22.100]  It forces the case to trial.
[23:22.100 --> 23:23.700]  Really?
[23:23.700 --> 23:26.200]  Well, yeah, you've got 30 days to answer if you don't answer.
[23:26.200 --> 23:29.400]  They're going to get the default judgment right away.
[23:29.400 --> 23:33.200]  But if you answer, the court has got to hear you.
[23:33.200 --> 23:36.300]  Due process of law.
[23:36.300 --> 23:38.200]  So they'll set a date for trial.
[23:38.200 --> 23:41.400]  Some states, it's maybe three months, six months,
[23:41.400 --> 23:45.100]  eight months, California is so backed up out there.
[23:45.100 --> 23:49.200]  It's one year to go to trial.
[23:49.200 --> 23:54.100]  So I told my people, so now that we got this on hold,
[23:54.100 --> 23:55.600]  you got some breathing room.
[23:55.600 --> 23:59.600]  These guys aren't breathing down your neck.
[23:59.600 --> 24:02.600]  You can go into my process and hit them
[24:02.600 --> 24:06.000]  from a totally different angle.
[24:06.000 --> 24:07.800]  It'll probably be a lot more than what
[24:07.800 --> 24:10.400]  they're trying to collect from you in that local case.
[24:10.400 --> 24:13.600]  And you will get their attention.
[24:13.600 --> 24:16.200]  Motion to dismiss is quite simple.
[24:19.000 --> 24:21.200]  Comes down to defend it.
[24:21.200 --> 24:23.400]  There's documents before the court.
[24:23.400 --> 24:24.300]  It's all hearsay.
[24:24.300 --> 24:28.400]  There's no proof of any debt before the court.
[24:28.400 --> 24:31.000]  They wrote a complaint that they owe us $100,000,
[24:31.000 --> 24:35.400]  that they'll owe us $10,000, $500, whatever.
[24:35.400 --> 24:37.800]  That's not proof of a debt.
[24:37.800 --> 24:41.600]  And we have case law, we put in that motion that says,
[24:41.600 --> 24:44.100]  must have alleged accounting by someone
[24:44.100 --> 24:46.800]  who has firsthand knowledge of the debt
[24:46.800 --> 24:51.200]  and can swear at $200 penalty of perjury.
[24:51.200 --> 24:53.800]  And you'll never very seldom see those kind
[24:53.800 --> 24:55.300]  of documents in the complaint.
[24:55.300 --> 24:57.600]  They just put a complaint in, oh, you defaulted,
[24:57.600 --> 24:59.900]  you owe us $5,000.
[24:59.900 --> 25:02.900]  That's the way the system works in the local court.
[25:02.900 --> 25:05.500]  I try to tell people to stay the heck out of local court
[25:05.500 --> 25:07.200]  as much as possible.
[25:07.200 --> 25:10.100]  You can't be heard there, it's very difficult.
[25:10.100 --> 25:12.900]  And Randy's been there a few times,
[25:12.900 --> 25:16.400]  but I know he'll appreciate what I'm going to say.
[25:16.400 --> 25:19.800]  The lawyers in the local court and the judge, number one,
[25:19.800 --> 25:22.300]  are probably in the same bar association.
[25:22.300 --> 25:23.400]  They know each other.
[25:23.400 --> 25:25.800]  They see each other several times a week.
[25:25.800 --> 25:28.000]  They're buddies.
[25:28.000 --> 25:30.400]  So folks, you're the judge sitting on the bench
[25:30.400 --> 25:31.600]  and your buddy comes in.
[25:31.600 --> 25:34.600]  How are you going to treat him or her?
[25:34.600 --> 25:35.500]  That's simple.
[25:35.500 --> 25:36.800]  Think about it.
[25:36.800 --> 25:39.500]  You don't run into that in federal court.
[25:39.500 --> 25:42.600]  Yeah, and let me just interject something here
[25:42.600 --> 25:45.300]  about not running into that in federal court.
[25:45.300 --> 25:48.200]  In the case that I was dealing with using
[25:48.200 --> 25:52.300]  the Mike Mears method where we sued this debt collector
[25:52.300 --> 25:57.400]  and creditor, setting up the lawsuit, all this stuff,
[25:57.400 --> 26:01.000]  well, they filed an answer.
[26:01.000 --> 26:03.800]  And we were the plaintiff, they filed an answer.
[26:03.800 --> 26:08.100]  And so what they do after that is they schedule what's
[26:08.100 --> 26:10.800]  called a scheduling conference.
[26:10.800 --> 26:14.400]  And so it's not like a trial or anything.
[26:14.400 --> 26:17.900]  Both parties show up, and basically, you
[26:17.900 --> 26:21.900]  work out a schedule of how the case is going to proceed,
[26:21.900 --> 26:27.000]  like deadlines for depositions, deadlines for getting together
[26:27.000 --> 26:30.400]  your expert witnesses, and all this sort of thing,
[26:30.400 --> 26:34.600]  and deadlines for you can't either amend or submit
[26:34.600 --> 26:36.600]  any new pleadings after a certain date
[26:36.600 --> 26:39.000]  and when the trial is going to be, all this kind of thing.
[26:39.000 --> 26:40.600]  It's scheduling out the case.
[26:40.600 --> 26:42.500]  All right, it's called a scheduling conference.
[26:42.500 --> 26:47.400]  Well, Mike, you're going to like this, and you will too, Randy.
[26:47.400 --> 26:50.500]  We show up for the scheduling conference,
[26:50.500 --> 26:54.100]  which the scheduling conference was served,
[26:54.100 --> 26:57.800]  the date was served to all parties, and guess what?
[26:57.800 --> 27:04.400]  The attorney for the other side did not show up, OK?
[27:04.400 --> 27:07.000]  And we were like, ooh, what does this mean?
[27:07.000 --> 27:09.200]  How are we going to have fun with this one?
[27:09.200 --> 27:12.500]  Well, the judge decided to give them an extra 15 minutes.
[27:12.500 --> 27:15.200]  And so we were agreeable to that because you
[27:15.200 --> 27:18.800]  don't want to look like you're being totally unreasonable,
[27:18.800 --> 27:20.600]  especially in a civil case.
[27:20.600 --> 27:22.500]  So we're like, OK, we'll give them 15 minutes
[27:22.500 --> 27:26.400]  before we slam them with a motion for default or whatever.
[27:26.400 --> 27:31.400]  And so then about 12 minutes after the scheduling conference
[27:31.400 --> 27:35.600]  was supposed to start, the lawyer calls.
[27:35.600 --> 27:38.300]  OK, now this was a Houston attorney.
[27:38.300 --> 27:40.200]  Because remember now, this is federal court
[27:40.200 --> 27:44.200]  and you're suing an entity that is not necessarily
[27:44.200 --> 27:46.000]  local to your town.
[27:46.000 --> 27:50.400]  And so they're not going to necessarily hire a lawyer that's
[27:50.400 --> 27:52.300]  local to your town.
[27:52.300 --> 27:54.800]  They hired a Houston attorney.
[27:54.800 --> 27:57.500]  And so the Houston attorney calls in
[27:57.500 --> 28:02.800]  and wants to participate in the scheduling conference by phone.
[28:02.800 --> 28:07.600]  And the judge pretty much read him the riot act
[28:07.600 --> 28:10.200]  and said, counselor, you know, we
[28:10.200 --> 28:13.900]  can do scheduling conferences and some types of hearing
[28:13.900 --> 28:18.700]  by phone, but you need to file a motion for leave
[28:18.700 --> 28:21.100]  from this court first.
[28:21.100 --> 28:25.900]  You don't just presume and assume that it's OK to appear
[28:25.900 --> 28:30.400]  by telephone, especially 10, 15 minutes late.
[28:30.400 --> 28:33.800]  And we were like, yes, yes.
[28:33.800 --> 28:36.500]  So yeah, you don't run into the same kind
[28:36.500 --> 28:39.200]  of local politics in federal court,
[28:39.200 --> 28:41.400]  especially in these kind of cases.
[28:41.400 --> 28:45.000]  It's not a good idea to disrespect the federal judge.
[28:45.000 --> 28:50.000]  They've got a lot of power across the whole country.
[28:50.000 --> 28:57.000]  Yes, so anyway, I just wanted to interject that thing.
[28:57.000 --> 28:57.700]  So go ahead.
[28:57.700 --> 28:59.800]  Yeah, no problem.
[28:59.800 --> 29:02.800]  You know, the thing is, yeah, the federal court
[29:02.800 --> 29:04.100]  is so late back.
[29:04.100 --> 29:06.200]  You know, you've been there, Deborah.
[29:06.200 --> 29:07.900]  You file the motions.
[29:07.900 --> 29:09.200]  You only deal with the clerk.
[29:09.200 --> 29:11.400]  And then you have this conference.
[29:11.400 --> 29:15.300]  And they'll set a date for schedule for the trial
[29:15.300 --> 29:19.800]  because you've got a period after that called discovery.
[29:19.800 --> 29:22.100]  And that's where you go into what you were talking about,
[29:22.100 --> 29:25.600]  interrogatories, production of documents, depositions,
[29:25.600 --> 29:26.600]  et cetera.
[29:26.600 --> 29:29.500]  Anyhow, most of these cases, folks,
[29:29.500 --> 29:33.100]  so you know, in federal court, our trial
[29:33.100 --> 29:35.600]  is like at least eight months down the road
[29:35.600 --> 29:37.400]  because we've got to allow six months
[29:37.400 --> 29:40.800]  that the federal rules of civil procedure for the discovery
[29:40.800 --> 29:42.600]  phase.
[29:42.600 --> 29:45.400]  And I've seen some of these cases scheduled a year
[29:45.400 --> 29:47.600]  out for trial.
[29:47.600 --> 29:50.600]  And the point is, discovery phase,
[29:50.600 --> 29:53.100]  and you can pick up a lot there.
[29:53.100 --> 29:54.400]  And it's a lot of paper pushing.
[29:54.400 --> 29:57.600]  And 99% of this stuff in federal court is paper pushing.
[29:57.600 --> 30:00.200]  All right, we'll be right back, folks.
[30:00.200 --> 30:05.000]  Could printed books soon be a thing of the past?
[30:05.000 --> 30:06.900]  Apparently, a lot of kids these days
[30:06.900 --> 30:09.900]  are exchanging book pages for web pages.
[30:09.900 --> 30:11.300]  I'm Dr. Catherine Albrecht, and I'll
[30:11.300 --> 30:14.200]  be back to tell you what's happening to literacy.
[30:14.200 --> 30:16.200]  Privacy is under attack.
[30:16.200 --> 30:18.100]  When you give up data about yourself,
[30:18.100 --> 30:19.800]  you'll never get it back again.
[30:19.800 --> 30:21.800]  And once your privacy is gone, you'll
[30:21.800 --> 30:24.600]  find your freedoms will start to vanish too.
[30:24.600 --> 30:26.000]  So protect your rights.
[30:26.000 --> 30:29.800]  Say no to surveillance and keep your information to yourself.
[30:29.800 --> 30:32.300]  Privacy, it's worth hanging on to.
[30:32.300 --> 30:34.300]  This public service announcement is brought to you
[30:34.300 --> 30:37.800]  by Startpage.com, the private search engine alternative
[30:37.800 --> 30:39.900]  to Google, Yahoo, and Bing.
[30:39.900 --> 30:43.400]  Start over with Startpage.
[30:43.400 --> 30:45.400]  Forget books and magazines.
[30:45.400 --> 30:48.600]  A recent study by the UK's National Literacy Trust
[30:48.600 --> 30:51.700]  found that text messages are the number one reading material
[30:51.700 --> 30:52.900]  for kids today.
[30:52.900 --> 30:56.000]  And numbers two and three are email and Facebook.
[30:56.000 --> 30:58.700]  That's not surprising, since cell phones and computers
[30:58.700 --> 31:00.800]  outnumber novels in most homes.
[31:00.800 --> 31:04.000]  We adults are obviously not setting a very good example.
[31:04.000 --> 31:06.000]  Of course, text messages are not known
[31:06.000 --> 31:09.200]  for their literary quality or for their outstanding spelling
[31:09.200 --> 31:10.100]  and grammar.
[31:10.100 --> 31:12.700]  In fact, they're some of the worst writing around.
[31:12.700 --> 31:15.800]  So if you want your kids to develop basic English skills,
[31:15.800 --> 31:18.600]  tell them to unplug from Facebook and turn off Twitter,
[31:18.600 --> 31:21.500]  then hand them an old-fashioned book.
[31:21.500 --> 31:22.800]  I'm Dr. Catherine Albrecht.
[31:22.800 --> 31:25.200]  More news and information at CatherineAlbrecht.com.
[31:30.700 --> 31:33.800]  Did you know there are 3 million edible food plants on Earth
[31:33.800 --> 31:36.700]  and none have the nutritional value of the hemp plant?
[31:36.700 --> 31:39.700]  HempUSA.org offers you hemp protein powder.
[31:39.700 --> 31:41.900]  It does not contain chemicals or THC.
[31:41.900 --> 31:45.200]  It's non-GMO and is 100% gluten-free.
[31:45.200 --> 31:47.500]  Hemp protein powder burns fat, builds muscle,
[31:47.500 --> 31:51.800]  contains 53% protein, and feeds the body the nutrients it needs.
[31:51.800 --> 31:56.600]  Call 888-910-4367 and see what our powder, seeds, and oil
[31:56.600 --> 32:02.300]  can do for you only at HempUSA.org.
[32:02.300 --> 32:04.800]  Rule of Law Radio is proud to offer the Rule of Law Traffic
[32:04.800 --> 32:05.300]  Center.
[32:05.300 --> 32:07.800]  In today's America, we live in an us-against-them society.
[32:07.800 --> 32:10.100]  And if we the people are ever going to have a free society,
[32:10.100 --> 32:12.800]  then we're going to have to stand and defend our own rights.
[32:12.800 --> 32:15.200]  Among those rights are the right to travel freely from place
[32:15.200 --> 32:17.500]  to place, the right to act in our own private capacity,
[32:17.500 --> 32:19.900]  and most importantly, the right to due process of law.
[32:19.900 --> 32:22.500]  Traffic courts afford us the least expensive opportunity
[32:22.500 --> 32:24.600]  to learn how to enforce and preserve our rights
[32:24.600 --> 32:25.700]  through due process.
[32:25.700 --> 32:27.900]  Former Sheriff's Deputy Eddie Craig, in conjunction
[32:27.900 --> 32:29.500]  with Rule of Law Radio, has put together
[32:29.500 --> 32:31.400]  the most comprehensive teaching tool available
[32:31.400 --> 32:33.600]  that will help you understand what due process is
[32:33.600 --> 32:35.500]  and how to hold courts to the rule of law.
[32:35.500 --> 32:37.700]  You can get your own copy of this invaluable material
[32:37.700 --> 32:40.600]  by going to ruleoflawradio.com and ordering your copy today.
[32:40.600 --> 32:42.900]  By ordering now, you'll receive a copy of Eddie's book,
[32:42.900 --> 32:45.700]  The Texas Transportation Code, The Law Versus the Lie, video
[32:45.700 --> 32:48.800]  and audio of the original 2009 seminar, hundreds of research
[32:48.800 --> 32:50.700]  documents, and other useful resource material.
[32:50.700 --> 32:52.100]  Learn how to fight for your rights
[32:52.100 --> 32:54.800]  with the help of this material from ruleoflawradio.com.
[32:54.800 --> 32:56.400]  Order your copy today, and together we
[32:56.400 --> 32:58.800]  can have the free society we all want and deserve.
[33:03.800 --> 33:07.300]  You're listening to the Logos to Radio Network.
[33:07.300 --> 33:08.500]  At logosradionetwork.com.
[33:24.600 --> 33:26.100]  OK, here we are.
[33:26.100 --> 33:27.200]  We are back, folks.
[33:27.200 --> 33:28.900]  This is the rule of law.
[33:28.900 --> 33:31.100]  We are here with our good friend, Mike Miras,
[33:31.100 --> 33:35.000]  talking about debt collectors, creditors,
[33:35.000 --> 33:37.000]  how to deal with them in federal court,
[33:37.000 --> 33:38.600]  how to deal with them in local court
[33:38.600 --> 33:40.200]  if they go after you first.
[33:40.200 --> 33:43.400]  And I really love Mike's strategy.
[33:43.400 --> 33:46.200]  If they end up going after you first in the local courts
[33:46.200 --> 33:49.000]  or the state courts, you immediately,
[33:49.000 --> 33:52.400]  as soon as possible, set up your federal lawsuit,
[33:52.400 --> 33:54.500]  and you file federal lawsuit against them.
[33:54.500 --> 33:57.900]  And as part of the terms and of conditions
[33:57.900 --> 34:00.900]  of dropping the case, the federal case,
[34:00.900 --> 34:03.800]  to settle out of court, you make them agree
[34:03.800 --> 34:07.700]  to drop the local case against you.
[34:07.700 --> 34:11.800]  And if there is a judgment against you in a local court,
[34:11.800 --> 34:15.000]  you make them agree to vacate that judgment.
[34:15.000 --> 34:17.400]  So that's a great strategy.
[34:17.400 --> 34:21.300]  And also, the thing is, and I wanted
[34:21.300 --> 34:25.400]  to mention just quickly, part of the strategy here,
[34:25.400 --> 34:29.800]  people can go directly after the credit bureaus,
[34:29.800 --> 34:32.800]  as kind of like a shortcut to clear up your credit report.
[34:32.800 --> 34:35.200]  But there is one problem with that.
[34:35.200 --> 34:38.200]  These debt collectors, or first, the creditor,
[34:38.200 --> 34:41.500]  after six months of not paying, what they do
[34:41.500 --> 34:46.500]  is they write off that debt on their books as a tax write-off.
[34:46.500 --> 34:51.900]  And then they turn around, and they sell not the account.
[34:51.900 --> 34:53.600]  They never sell the account.
[34:53.600 --> 34:56.400]  They can't, because they've already written it off.
[34:56.400 --> 34:58.900]  There is no account anymore.
[34:58.900 --> 35:02.600]  They sell the information related to the former account.
[35:02.600 --> 35:04.400]  Your name, your address, your phone number,
[35:04.400 --> 35:07.600]  your social security number, your residence business,
[35:07.600 --> 35:11.600]  all this kind of thing to these slimeball debt collectors,
[35:11.600 --> 35:16.600]  who then basically lie and say that they have purchased
[35:16.600 --> 35:18.900]  the account, which they've done no such thing.
[35:18.900 --> 35:21.400]  And then every six months, they end up passing it
[35:21.400 --> 35:24.400]  around to each other, passing around the information that is.
[35:24.400 --> 35:27.000]  And so if you just go after the credit bureaus
[35:27.000 --> 35:29.600]  to get this stuff out of your credit reports,
[35:29.600 --> 35:31.400]  meanwhile, these debt collectors
[35:31.400 --> 35:33.800]  are still passing around this information,
[35:33.800 --> 35:37.300]  and it'll just keep popping up on your credit report
[35:37.300 --> 35:43.100]  every so often, and they could do that indefinitely.
[35:43.100 --> 35:44.200]  And so what are you going to do?
[35:44.200 --> 35:46.600]  I mean, it's like the problem that never goes away.
[35:46.600 --> 35:50.100]  And so that's why, if you really want to do it right,
[35:50.100 --> 35:53.100]  you have to go after the debt collector and the creditor
[35:53.100 --> 35:57.200]  first, and you bring the original creditor in.
[35:57.200 --> 36:00.300]  I'll let Mike talk some more about the details
[36:00.300 --> 36:03.600]  of the strategy, but basically, once you get them pinned
[36:03.600 --> 36:06.600]  into a corner, then as part of the terms and conditions
[36:06.600 --> 36:09.100]  of the settlement agreement, you make them agree
[36:09.100 --> 36:13.400]  not to ever sell this information ever again
[36:13.400 --> 36:18.400]  to any other entity, and that stops the vicious cycle.
[36:18.400 --> 36:19.500]  So that's one thing.
[36:19.500 --> 36:23.700]  And also, moving on from there, we were going to talk
[36:23.700 --> 36:27.300]  about the TCPA, the Telephone Consumer Protections Act.
[36:27.300 --> 36:29.600]  This is another way that you can go after them.
[36:29.600 --> 36:32.900]  For calling you in various different ways.
[36:32.900 --> 36:36.100]  And before I let Mike go into what he's going to say on that,
[36:36.100 --> 36:39.600]  I just wanted to say that we did this also in our case.
[36:39.600 --> 36:44.000]  And technically, it was actually Jerry's case, my husband.
[36:44.000 --> 36:45.700]  It was his card.
[36:45.700 --> 36:50.900]  And what happened was they were calling me.
[36:50.900 --> 36:54.900]  Well, we put all these TCPA violations
[36:54.900 --> 36:59.300]  in the case, in our lawsuit, and they come back and say,
[36:59.300 --> 37:05.300]  well, you know, Mr. Stevens agreed from the beginning
[37:05.300 --> 37:10.300]  to let us call him either on his business line
[37:10.300 --> 37:13.600]  or his personal line anytime we wanted to,
[37:13.600 --> 37:18.100]  because this was a business account for his business.
[37:18.100 --> 37:20.700]  And well, that may be true.
[37:20.700 --> 37:22.600]  That may not be true.
[37:22.600 --> 37:26.000]  But I certainly didn't give him permission to call me.
[37:26.000 --> 37:26.600]  OK?
[37:26.600 --> 37:28.300]  This wasn't my account.
[37:28.300 --> 37:35.100]  And so we started writing up a document motion
[37:35.100 --> 37:40.800]  to amend our petition, to motion to amend Jerry's petition
[37:40.800 --> 37:44.200]  to add me on as a co-plaintiff for something
[37:44.200 --> 37:46.700]  like a million dollars worth of TCPA violations,
[37:46.700 --> 37:49.300]  because I had nothing to do with it.
[37:49.300 --> 37:52.300]  And I'll get into more about our case later.
[37:52.300 --> 37:54.900]  But I can tell you, it was shortly after that
[37:54.900 --> 37:57.100]  that they started backing off.
[37:57.100 --> 38:00.400]  So TCPA can be very effective, especially
[38:00.400 --> 38:03.700]  when you're dealing with situations of people's spouses
[38:03.700 --> 38:05.300]  where they got nothing to do with it.
[38:05.300 --> 38:07.100]  So anyways, go ahead, Mike.
[38:07.100 --> 38:09.700]  I just want to tell that little story.
[38:09.700 --> 38:10.700]  Well, yeah, you're right.
[38:10.700 --> 38:12.800]  And let me just sum up there a little bit.
[38:12.800 --> 38:16.900]  Your case, folks, what Debra was talking about,
[38:16.900 --> 38:20.800]  the lawyer and all that, just because you're an attorney
[38:20.800 --> 38:22.700]  doesn't mean you can go into federal court.
[38:22.700 --> 38:24.600]  You've got to be admitted to the federal bar.
[38:24.600 --> 38:28.700]  So they have to hire an attorney who's admitted to the federal bar.
[38:28.700 --> 38:30.700]  And can you imagine you're sitting here
[38:30.700 --> 38:34.500]  at one of these big banks or credit card companies call you,
[38:34.500 --> 38:36.000]  and they're like, we're being sued.
[38:36.000 --> 38:37.200]  We need you to represent it.
[38:37.200 --> 38:40.500]  You're there, that lawyer, sitting there rubbing his hands together.
[38:40.500 --> 38:43.400]  Oh, yeah, well, I want a $5,000 retainer.
[38:43.400 --> 38:47.700]  And then after so many hours, it starts going by the hour.
[38:47.700 --> 38:50.700]  And so let me give you a hypothetical situation.
[38:50.700 --> 38:54.900]  Let's say they're trying to collect a $2,000 debt from you
[38:54.900 --> 38:58.500]  or a credit card from you or whatever.
[38:58.500 --> 39:01.300]  And now you take them into federal court.
[39:01.300 --> 39:02.800]  They've got to hire that attorney.
[39:02.800 --> 39:07.000]  So $5,000 retainer for the attorney.
[39:07.000 --> 39:11.100]  You sue them for violations of fair credit debt collection, PCPA.
[39:11.100 --> 39:12.400]  And let's keep it simple.
[39:12.400 --> 39:16.700]  Let's say the lawsuit's $50,000.
[39:16.700 --> 39:22.900]  So let's see, $50,000 lawsuit, $5,000 for the attorney to start.
[39:22.900 --> 39:24.700]  That's $55,000.
[39:24.700 --> 39:28.600]  And they're trying to nail you for $2,000, $3,000, $4,000, $5,000.
[39:28.600 --> 39:30.500]  Do you see the picture, folks?
[39:30.500 --> 39:32.800]  Do you see the money picture?
[39:32.800 --> 39:36.700]  If you win, they've got to pay you $50,000.
[39:36.700 --> 39:43.300]  And they've got to pay the attorney $5,000 over a $5,000 debt.
[39:43.300 --> 39:44.400]  You got it, folks.
[39:44.400 --> 39:46.700]  The money, that's what it is.
[39:46.700 --> 39:48.800]  And that's what you're going to bring to their attention.
[39:48.800 --> 39:51.000]  It's going to cost you money.
[39:51.000 --> 39:53.300]  And that's what kind of stops this stuff.
[39:53.300 --> 39:57.300]  PCPA, real quick, Telephone Consumer Protection Act.
[39:57.300 --> 39:58.100]  Deborah's right.
[39:58.100 --> 40:00.900]  Number one, they must have permission to call you.
[40:00.900 --> 40:05.300]  Number two, they must not use robo-calls or automated calls.
[40:05.300 --> 40:09.500]  Number three, it must not cost you any time or minutes like on a cell phone.
[40:09.500 --> 40:15.000]  Any one of those three things, $1,500 penalty per phone call.
[40:15.000 --> 40:20.600]  Briefly, I'll talk about a case about a year and a half ago up in Wisconsin.
[40:20.600 --> 40:25.400]  This woman had two cars repossessed from her.
[40:25.400 --> 40:28.400]  They got the cars from her.
[40:28.400 --> 40:31.500]  And this company, and I won't mention their name, they're in Texas.
[40:31.500 --> 40:35.900]  A debt collector was calling her to collect on the balance that they didn't get back
[40:35.900 --> 40:37.500]  from when they wholesale the cars.
[40:37.500 --> 40:40.000]  That's what they do.
[40:40.000 --> 40:41.500]  And they called her in a year.
[40:41.500 --> 40:46.500]  They called her over 1,000 times.
[40:46.500 --> 40:53.600]  Well, she took it into federal court, and she won.
[40:53.600 --> 40:58.400]  And she got paid $581,000 for it.
[40:58.400 --> 40:59.600]  Don't have to believe me.
[40:59.600 --> 41:04.700]  Just go Google, woman in Wisconsin wins PCPA suit.
[41:04.700 --> 41:05.700]  Just go Google it.
[41:05.700 --> 41:06.400]  It'll come up.
[41:06.400 --> 41:08.700]  It's in the federal courts.
[41:08.700 --> 41:09.700]  Okay?
[41:09.700 --> 41:13.000]  That's the beauty of this stuff, and that's why I like working with it.
[41:13.000 --> 41:15.500]  It's based on facts, not fiction.
[41:15.500 --> 41:23.300]  Now, Mike, this was a case where these idiots actually chose not to try to settle with her
[41:23.300 --> 41:28.200]  out of court, or if they did, they didn't do a very good job of attempting to settle
[41:28.200 --> 41:29.300]  with her out of court.
[41:29.300 --> 41:33.600]  So she took it all the way, and she actually won the case.
[41:33.600 --> 41:34.400]  Absolutely.
[41:34.400 --> 41:41.700]  And one of the things the court said, what you're talking about, the court said about
[41:41.700 --> 41:43.700]  the phone calls.
[41:43.700 --> 41:47.300]  The court basically said, we don't care who owns the phone.
[41:47.300 --> 41:50.400]  It has nothing to do with the ownership of the phone.
[41:50.400 --> 41:51.400]  It's the phone call.
[41:51.400 --> 41:54.400]  That's what that law is about, period.
[41:54.400 --> 42:00.400]  So whether it's your phone and your wife is getting the calls, or it's your wife and wife's
[42:00.400 --> 42:03.600]  phone and you're getting the calls, it doesn't make any difference.
[42:03.600 --> 42:07.100]  The federal courts already came in on that one.
[42:07.100 --> 42:08.900]  Phone call, period.
[42:08.900 --> 42:13.400]  That's what the PCBA is about, bottom line.
[42:13.400 --> 42:14.700]  And I thought that was great.
[42:14.700 --> 42:19.200]  That was also part of that case because they were arguing it, and they said, well, it wasn't
[42:19.200 --> 42:19.700]  her phone.
[42:19.700 --> 42:20.900]  It was her husband's phone.
[42:20.900 --> 42:22.800]  It has nothing to do with it.
[42:22.800 --> 42:26.300]  They were calling her, period.
[42:26.300 --> 42:29.300]  That's what the PCBA is about.
[42:29.300 --> 42:30.400]  I thought that was great.
[42:30.400 --> 42:31.200]  She walked away.
[42:31.200 --> 42:36.400]  Well, now she's got enough money, she should go buy two brand new Mercedes Benzs or BMWs
[42:36.400 --> 42:37.000]  or whatever.
[42:37.000 --> 42:37.500]  No problem.
[42:37.500 --> 42:39.600]  Pay cash.
[42:39.600 --> 42:45.900]  Now, Mike, wasn't there a Supreme Court case on this TCPA stuff recently within the last
[42:45.900 --> 42:48.800]  couple of years, or is this the case that you're talking about?
[42:48.800 --> 42:50.400]  This is the case I'm talking about.
[42:50.400 --> 42:52.800]  OK, that wasn't the case.
[42:52.800 --> 42:54.400]  There's been so many.
[42:54.400 --> 42:59.000]  It's unbelievable how many of these cases are going in now because people are learning
[42:59.000 --> 43:01.800]  about this.
[43:01.800 --> 43:11.800]  Like I say, if you just go in and Google, a woman wins case in Wisconsin for TCPA violations,
[43:11.800 --> 43:13.100]  you'll get so much back.
[43:13.100 --> 43:14.200]  It's not funny.
[43:14.200 --> 43:15.000]  But it's there.
[43:15.000 --> 43:16.500]  And of course, it's in PACER.
[43:16.500 --> 43:21.100]  I better tell people what PACER is, Public Access to Court Electronic Records.
[43:21.100 --> 43:23.300]  That's where all the federal cases are.
[43:23.300 --> 43:25.400]  That's where you can go and look at me.
[43:25.400 --> 43:29.800]  You won't see me, but you'll see my cases the six times I've been in there.
[43:29.800 --> 43:32.200]  And it's public records.
[43:32.200 --> 43:35.000]  You sign up at PACER, get an account there.
[43:35.000 --> 43:38.700]  You can go in and see all this stuff.
[43:38.700 --> 43:39.300]  Excellent.
[43:39.300 --> 43:39.900]  OK.
[43:39.900 --> 43:42.100]  We've got a commercial coming up, right?
[43:42.100 --> 43:43.500]  We've got a break coming up.
[43:43.500 --> 43:53.300]  And folks, if you'd like to call in and ask Mike Mears some questions, it's 512-646-1984.
[43:53.300 --> 43:54.500]  And we will be right back.
[43:54.500 --> 43:58.800]  We'll be talking some more about how to deal with debt collectors and creditors.
[44:24.500 --> 44:30.200]  Including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold.
[44:30.200 --> 44:37.300]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.300 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.100]  Don't forget to like us on Facebook for information on events and our products.
[44:47.100 --> 45:01.100]  Naturespureorganics.com.
[45:01.100 --> 45:04.200]  Are you the plaintiff or defendant in a lawsuit?
[45:04.200 --> 45:09.700]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand,
[45:09.700 --> 45:15.600]  core CD course that will show you how in 24 hours, step by step.
[45:15.600 --> 45:19.300]  If you have a lawyer, know what your lawyer should be doing.
[45:19.300 --> 45:23.100]  If you don't have a lawyer, know what you should do for yourself.
[45:23.100 --> 45:28.100]  Thousands have won with our step by step course, and now you can too.
[45:28.100 --> 45:34.600]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.600 --> 45:39.100]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.100 --> 45:43.500]  about the principles and practices that control our American courts.
[45:43.500 --> 45:49.700]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.700 --> 45:52.300]  pro se tactics, and much more.
[45:52.300 --> 46:02.100]  Please visit ruleoflawradio.com and click on the banner or call toll free, 866-LAW-EZ.
[46:02.100 --> 46:14.900]  MUSIC
[46:14.900 --> 46:24.400]  Woah, woah, woah, woah Yeah
[46:24.400 --> 46:30.200]  Always, I must be careful, what I'm wishin' for
[46:30.200 --> 46:35.200]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.200 --> 46:37.200]  I ain't asking for much.
[46:37.200 --> 46:41.200]  I ain't trying to be no glutton.
[46:41.200 --> 46:45.200]  I'm just here making my living pushing buttons.
[46:45.200 --> 46:48.200]  All right, we're here pushing buttons in more ways than one.
[46:48.200 --> 46:51.200]  This is the rule of law, Randy Kelton and Deborah Stevens.
[46:51.200 --> 46:53.200]  We are here with Mike Maris.
[46:53.200 --> 46:57.200]  And folks, if you'd like to call in and ask him some questions,
[46:57.200 --> 47:02.200]  512-646-1984 is the call-in number.
[47:02.200 --> 47:06.200]  And so now we are going to go over some of the basics,
[47:06.200 --> 47:12.200]  some of the nuts and bolts, some things you may expect to see in your case
[47:12.200 --> 47:14.200]  and procedures and things like that.
[47:14.200 --> 47:17.200]  So, Mike, why don't you go ahead?
[47:17.200 --> 47:19.200]  Yeah, no problem.
[47:19.200 --> 47:21.200]  Yeah, it's very, very basic.
[47:21.200 --> 47:23.200]  It's a lot of paper pushing, folks.
[47:23.200 --> 47:29.200]  So if you're good with word and copying and pasting, you're going to come out a winner.
[47:29.200 --> 47:32.200]  That's probably about 95% of it.
[47:32.200 --> 47:36.200]  You very seldom go into the courts like Deborah was explaining.
[47:36.200 --> 47:40.200]  You have this meeting to go to discovery, and then nothing happens after that.
[47:40.200 --> 47:46.200]  You're just talking with their attorney back and forth, and it's all done by email.
[47:46.200 --> 47:51.200]  So anyhow, the point is once you get in there and you get this thing going,
[47:51.200 --> 47:55.200]  I'd say, and I'm going to throw a number out.
[47:55.200 --> 47:59.200]  I'm going to say at least 80%, at least what I've been involved with,
[47:59.200 --> 48:01.200]  is settled without going any further.
[48:01.200 --> 48:05.200]  A lot of times once they get served with that complaint,
[48:05.200 --> 48:08.200]  they realize this person is coming after us.
[48:08.200 --> 48:12.200]  We're going to have to lay out a ton of money on things, you know,
[48:12.200 --> 48:17.200]  especially if it's the creditors involved, which 99% of the time they are.
[48:17.200 --> 48:19.200]  They've already written it off, okay?
[48:19.200 --> 48:25.200]  And now it's going to cost them more money to defend in federal court over this stuff.
[48:25.200 --> 48:29.200]  So about 80% of the time as you start going with this stuff,
[48:29.200 --> 48:34.200]  just like I was explaining about that payoff on my house,
[48:34.200 --> 48:37.200]  they came immediately to the table.
[48:37.200 --> 48:41.200]  Yeah, there was $1.1 million at stake, that's why.
[48:41.200 --> 48:43.200]  Maybe we should work something out with them.
[48:43.200 --> 48:46.200]  They settled with me, and I didn't pursue it any further,
[48:46.200 --> 48:51.200]  but they sent me that letter, I checked my credit report immediately online,
[48:51.200 --> 48:54.200]  and all the bad stuff was gone, and that's the beauty of this stuff.
[48:54.200 --> 48:57.200]  And Mike, you didn't even have to file a lawsuit in that case, right?
[48:57.200 --> 49:00.200]  I did not have to file a lawsuit.
[49:00.200 --> 49:01.200]  That's great.
[49:01.200 --> 49:03.200]  I did not have to file a lawsuit.
[49:03.200 --> 49:08.200]  And here's the thing, as you know, Debra, this stuff goes into ACER.
[49:08.200 --> 49:15.200]  If a lawyer's got any brains, or whoever their legal representative is in one of these companies,
[49:15.200 --> 49:17.200]  they have access to ACER.
[49:17.200 --> 49:19.200]  Why don't you go in there and look my name up?
[49:19.200 --> 49:22.200]  I dare you.
[49:22.200 --> 49:25.200]  Go in there and look my name up, you'll see the six times I was there,
[49:25.200 --> 49:29.200]  and that lawyer's going to say, oh, man, this guy's been there six times,
[49:29.200 --> 49:31.200]  and he's won every case.
[49:31.200 --> 49:34.200]  Uh-oh, maybe we better talk to him.
[49:34.200 --> 49:35.200]  Okay?
[49:35.200 --> 49:38.200]  So that's the neat thing about this is what you learn.
[49:38.200 --> 49:40.200]  You're in that database, you're in there.
[49:40.200 --> 49:45.200]  You want to know, and I had one client of mine that came to me,
[49:45.200 --> 49:47.200]  and he was talking about this one bank.
[49:47.200 --> 49:49.200]  I said, go into ACER and look them up,
[49:49.200 --> 49:54.200]  see how many times they've been sued under civil or Fair Credit Reporting Act violations.
[49:54.200 --> 49:57.200]  And go in there, you can search them.
[49:57.200 --> 50:01.200]  It searches every case in the United States, and it came back.
[50:01.200 --> 50:08.200]  In the first page, there were, I believe, 54 cases on the page.
[50:08.200 --> 50:10.200]  And I'm talking to him on the phone.
[50:10.200 --> 50:13.200]  He's, wow, they've been sued 54 times.
[50:13.200 --> 50:14.200]  I said, no.
[50:14.200 --> 50:15.200]  I said, that's not right.
[50:15.200 --> 50:17.200]  I said, look at the bottom.
[50:17.200 --> 50:24.200]  That's only page one of like 1,230 pages with 54 cases on each page.
[50:24.200 --> 50:27.200]  This is the amount of times they've been sued for this stuff.
[50:27.200 --> 50:29.200]  That's what I like, as I said earlier.
[50:29.200 --> 50:30.200]  This ain't BS.
[50:30.200 --> 50:31.200]  This has all been done.
[50:31.200 --> 50:34.200]  It's been done before, and that's the beauty of it.
[50:34.200 --> 50:36.200]  You just need to learn how to do it.
[50:36.200 --> 50:38.200]  It's simple, that simple.
[50:38.200 --> 50:45.200]  But you get into federal court, 80% chance, once you either have them served
[50:45.200 --> 50:49.200]  or send them notice of pending lawsuit, they will come to the table
[50:49.200 --> 50:52.200]  and try to settle with you, especially on these small amounts.
[50:52.200 --> 50:57.200]  I mean, I've had people, had a gal a few years ago up in the Chicago area contact me,
[50:57.200 --> 51:03.200]  and they were suing her for like $270 in the local court.
[51:03.200 --> 51:08.200]  She turned it around, took it into federal court, and she had a pretty good sized case built up on them.
[51:08.200 --> 51:11.200]  They immediately came to the table, and everything stopped.
[51:11.200 --> 51:14.200]  The lawsuit, the local court stopped.
[51:14.200 --> 51:18.200]  Bottom line is, when you settle with them, and I have this in my courses,
[51:18.200 --> 51:22.200]  you do a settlement agreement, everything in writing.
[51:22.200 --> 51:26.200]  They agree not to report this in your credit report anymore.
[51:26.200 --> 51:29.200]  If it's in there, they're going to fix it or remove it.
[51:29.200 --> 51:34.200]  They're not going to sell the account to a debt collector or debt collector attorney.
[51:34.200 --> 51:39.200]  They sign it, you sign it, now you've got a contract, and that's it.
[51:39.200 --> 51:41.200]  It's done. It's over.
[51:41.200 --> 51:43.200]  That's the end of this stuff.
[51:43.200 --> 51:45.200]  You got it in writing.
[51:45.200 --> 51:48.200]  And let me tell you, if you ever got one of them that broke that contract,
[51:48.200 --> 51:54.200]  you'd find a billion lawyers that would go ahead and take the case for you for breach of contract.
[51:54.200 --> 51:58.200]  So it's pretty neat stuff once you learn it.
[51:58.200 --> 52:02.200]  I'm kind of cocky because I've done it a long time,
[52:02.200 --> 52:06.200]  and like I say, I've helped tons of people across the country,
[52:06.200 --> 52:08.200]  and they learned how to do it.
[52:08.200 --> 52:15.200]  And I have a friend of mine down in Florida who were in conference school a few years ago.
[52:15.200 --> 52:18.200]  We're talking, and he pipes up, and he says,
[52:18.200 --> 52:24.200]  and don't laugh too hard, Randy and the team out there listening.
[52:24.200 --> 52:28.200]  He says to me, he says, I consider Mike Mears a brother in arms.
[52:28.200 --> 52:31.200]  But he says, I disagree with him on one thing.
[52:31.200 --> 52:34.200]  I'm thinking to myself, oh, what did I do now?
[52:34.200 --> 52:39.200]  And he says, I won't take a settlement agreement.
[52:39.200 --> 52:42.200]  He says, because I want them to come back again.
[52:42.200 --> 52:45.200]  I can use the money.
[52:45.200 --> 52:47.200]  That was his attitude.
[52:47.200 --> 52:50.200]  Yeah, you know, there's monies involved.
[52:50.200 --> 52:55.200]  If you think you're going to make a million bucks, that's not going to happen.
[52:55.200 --> 52:58.200]  Those kind of cases are going to bite to the tooth on.
[52:58.200 --> 53:04.200]  But if you're reasonable, $1,500, $2,500, $3,000, $4,000,
[53:04.200 --> 53:08.200]  it's not unreasonable amounts of money to settle.
[53:08.200 --> 53:14.200]  And they'd rather pay that upfront than have to pay an attorney $5,000 or $10,000 in attorney's fees,
[53:14.200 --> 53:18.200]  plus if they lose the case, they're going to have to pay you more.
[53:18.200 --> 53:19.200]  That's simple, folks.
[53:19.200 --> 53:23.200]  Again, it all comes down to money and has nothing to do with the debt
[53:23.200 --> 53:26.200]  or the amount of money claimed to be owed.
[53:26.200 --> 53:28.200]  That's the beauty of this.
[53:28.200 --> 53:32.200]  And once you learn it, the process is very simple.
[53:32.200 --> 53:36.200]  With creditors and credit bureaus, you send out a dispute letter.
[53:36.200 --> 53:38.200]  Again, that's in the course.
[53:38.200 --> 53:41.200]  And you dispute with the creditor and the credit bureau.
[53:41.200 --> 53:46.200]  You ask for validation from the debt collector.
[53:46.200 --> 53:53.200]  And under Fair Credit Reporting Act, the creditors and the credit bureaus must do an investigation
[53:53.200 --> 54:01.200]  and get back to you within 30 days with the result of the investigation.
[54:01.200 --> 54:03.200]  The debt collector, same thing.
[54:03.200 --> 54:07.200]  They need to validate the debt and prove you owe something.
[54:07.200 --> 54:09.200]  And folks, what do you think they do?
[54:09.200 --> 54:12.200]  Their attitude is, what are you going to do to us?
[54:12.200 --> 54:16.200]  We're a big debt collector firm. We're a big bank. We're a big creditor.
[54:16.200 --> 54:17.200]  What are you going to do to us?
[54:17.200 --> 54:23.200]  You're nothing but a know-nothing, you know, former customer, I guess,
[54:23.200 --> 54:25.200]  would be the words I would use.
[54:25.200 --> 54:29.200]  But the point is, you can get their attention to fix problems.
[54:29.200 --> 54:33.200]  And unfortunately, we all live on credit reports in this country.
[54:33.200 --> 54:37.200]  If you haven't got good credit, nobody wants to do anything with you.
[54:37.200 --> 54:42.200]  And that even involves jobs.
[54:42.200 --> 54:45.200]  Go to a place anymore now that you want to pull your credit report
[54:45.200 --> 54:47.200]  because they don't want to find out you've been sued.
[54:47.200 --> 54:50.200]  They've got a judgment against you, and then they can come garnish your wages.
[54:50.200 --> 54:56.200]  And then it's going to cost the employer money to do all the paperwork, every paycheck,
[54:56.200 --> 54:59.200]  to get their share of the money to send it to them.
[54:59.200 --> 55:03.200]  Well, and Mike, it's not just jobs. It's finding a place to live, too.
[55:03.200 --> 55:07.200]  If you're trying to be a renter, if you want to rent an apartment,
[55:07.200 --> 55:10.200]  I mean, bad credit can hurt you there, too.
[55:10.200 --> 55:14.200]  Oh, absolutely right. Absolutely correct. Yeah.
[55:14.200 --> 55:18.200]  You know, unfortunately, that's how we live in this country.
[55:18.200 --> 55:23.200]  But, you know, there are ways to fix it, folks.
[55:23.200 --> 55:30.200]  And if you're tired of being pushed around, and I've got a gal right now I'm working with,
[55:30.200 --> 55:35.200]  with the sworn denial and the motion to dismiss, it's over student loans.
[55:35.200 --> 55:41.200]  Student loans are bad, especially if they're behind government act
[55:41.200 --> 55:44.200]  because they're outside those laws.
[55:44.200 --> 55:49.200]  Of course, the fair credit debt collection don't apply to government entities,
[55:49.200 --> 55:54.200]  state, county, federal. They don't have to follow those rules.
[55:54.200 --> 55:58.200]  But her loan originated with a private bank.
[55:58.200 --> 56:01.200]  So we're working that angle.
[56:01.200 --> 56:09.200]  And then they sued her, and it's, I don't know, about an $18,000 account.
[56:09.200 --> 56:15.200]  And they served her mom in Texas there, or excuse me, in Georgia.
[56:15.200 --> 56:19.200]  So I talked to her, and she says, well, I don't live in Georgia.
[56:19.200 --> 56:21.200]  I live in South Carolina. I said, oh, my God.
[56:21.200 --> 56:28.200]  The court has no authority over you to do anything to you.
[56:28.200 --> 56:30.200]  You're in another state, another county.
[56:30.200 --> 56:34.200]  That's this local court that gave your mother the summons.
[56:34.200 --> 56:37.200]  They can't do anything to you, okay?
[56:37.200 --> 56:40.200]  So we're going to rearrange the motion to dismiss on that.
[56:40.200 --> 56:46.200]  But my concern is they named her mom in the summons.
[56:46.200 --> 56:49.200]  I guess her mom was a cosigner on the note.
[56:49.200 --> 56:53.200]  So I've got to find out what's going on with that, get all the answers on that.
[56:53.200 --> 56:55.200]  I'll be talking to her over the weekend.
[56:55.200 --> 57:00.200]  But you see all these angles coming up, and this is the local court.
[57:00.200 --> 57:09.200]  And we're trying to slow it down, you know, get it to trial, which we can do, all right?
[57:09.200 --> 57:12.200]  So we've got to get her mom probably to do a document as well
[57:12.200 --> 57:15.200]  and get that into the local court there and sign off on it
[57:15.200 --> 57:19.200]  so we can get it out to trial and then she can decide what she wants to do from there
[57:19.200 --> 57:20.200]  as far as going after him.
[57:20.200 --> 57:24.200]  But this lady is a registered nurse.
[57:24.200 --> 57:29.200]  So anyway, you just never know where these things are going to go.
[57:29.200 --> 57:31.200]  You know, I can't seem to get away from it.
[57:31.200 --> 57:33.200]  Everybody seems to find me. I don't know why.
[57:33.200 --> 57:36.200]  Can you explain that, Deborah?
[57:36.200 --> 57:43.200]  Well, I guess you're good at what you do, Mike.
[57:43.200 --> 57:47.200]  We also have this little blue banner on our website that helps.
[57:47.200 --> 57:49.200]  Oh, yeah.
[57:49.200 --> 57:52.200]  Yeah.
[57:52.200 --> 57:55.200]  Well, folks, we haven't had any callers call in yet,
[57:55.200 --> 57:58.200]  but Mike, can you stay with us for maybe another segment or so?
[57:58.200 --> 58:01.200]  Because there was some other stuff I wanted to get into, you know,
[58:01.200 --> 58:06.200]  like dirty tricks that they pull, you know, stuff like trying to say you agreed
[58:06.200 --> 58:10.200]  to binding arbitration and, you know, things like this and that
[58:10.200 --> 58:13.200]  and how to handle situations like that.
[58:13.200 --> 58:16.200]  Yeah, we can get into that. No problem.
[58:16.200 --> 58:17.200]  Okay, great.
[58:17.200 --> 58:21.200]  All right, folks, we're going to have Mike for maybe one or two more segments.
[58:21.200 --> 58:26.200]  So if you'd like to call in, 512-646-1984,
[58:26.200 --> 58:31.200]  and I've got some stories to tell about this binding arbitration thing myself.
[58:31.200 --> 58:33.200]  There's some pretty interesting stuff on that.
[58:33.200 --> 58:36.200]  There's a lot of stuff they try to pull that, you know,
[58:36.200 --> 58:38.200]  it's just really a bunch of nonsense.
[58:38.200 --> 58:41.200]  But we will be right back on the other side.
[58:41.200 --> 58:44.200]  This is The Rule of Law, Randy Kelton and Deborah Stevens.
[58:44.200 --> 58:50.200]  We're here with Mike Maris.
[58:50.200 --> 58:54.200]  Would you like to make more definite progress in your walk with God?
[58:54.200 --> 58:57.200]  Bibles for America is offering a free study Bible
[58:57.200 --> 59:01.200]  and a set of free Christian books that can really help.
[59:01.200 --> 59:04.200]  The New Testament Recovery Version is one of the most comprehensive
[59:04.200 --> 59:06.200]  study Bibles available today.
[59:06.200 --> 59:09.200]  It's an accurate translation, and it contains thousands of footnotes
[59:09.200 --> 59:13.200]  that will help you to know God and to know the meaning of life.
[59:13.200 --> 59:16.200]  The free books are a three-volume set called
[59:16.200 --> 59:18.200]  Basic Elements of the Christian Life.
[59:18.200 --> 59:21.200]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.200 --> 59:24.200]  clearly presents God's plan of salvation,
[59:24.200 --> 59:27.200]  growing in Christ, and how to build up the church.
[59:27.200 --> 59:30.200]  To order your free New Testament Recovery Version
[59:30.200 --> 59:33.200]  and Basic Elements of the Christian Life,
[59:33.200 --> 59:40.200]  call Bibles for America toll free at 888-551-0102.
[59:40.200 --> 59:44.200]  That's 888-551-0102.
[59:44.200 --> 59:50.200]  Or visit us online at bfa.org.
[59:50.200 --> 01:00:00.200]  Live, free speech radio, logosradionetwork.com.
[01:00:00.200 --> 01:00:05.200]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:05.200 --> 01:00:08.200]  providing the jelly bulletins for the commodities market.
[01:00:08.200 --> 01:00:12.200]  Today in history, news updates,
[01:00:12.200 --> 01:00:21.200]  and the inside scoop into the tides of the alternative.
[01:00:21.200 --> 01:00:27.200]  Markets for the 11th of December, 2015, open up with gold at $1,070.62 an ounce,
[01:00:27.200 --> 01:00:33.200]  silver $14.11 an ounce, Texas crude $36.76 a barrel,
[01:00:33.200 --> 01:00:43.200]  and Bitcoin is currently sitting at about $420 U.S. currency.
[01:00:43.200 --> 01:00:47.200]  Today in history, Thursday, December 11, 1913,
[01:00:47.200 --> 01:00:50.200]  the Mona Lisa stolen from the world's most visited museum,
[01:00:50.200 --> 01:00:54.200]  the iconic Louvre Museum in France, is finally recovered.
[01:00:54.200 --> 01:00:57.200]  It was snatched from the world's biggest museum just two years prior
[01:00:57.200 --> 01:01:06.200]  by Vincenzo Perugia on August 21, 1911.
[01:01:06.200 --> 01:01:09.200]  In recent news, the use of big pharma and big agriculture
[01:01:09.200 --> 01:01:12.200]  is causing certain bacteria to develop resistance to the antibiotics
[01:01:12.200 --> 01:01:15.200]  being used on animals farmed for human consumption.
[01:01:15.200 --> 01:01:17.200]  This issue has spurred recommendations released in a report
[01:01:17.200 --> 01:01:21.200]  commissioned by British Prime Minister David Cameron earlier this week.
[01:01:21.200 --> 01:01:24.200]  President Jim O'Neill, who heads the commission, told The Guardian that,
[01:01:24.200 --> 01:01:26.200]  quote, it's time for policymakers to act on this.
[01:01:26.200 --> 01:01:29.200]  We need to radically reduce global use of antibiotics,
[01:01:29.200 --> 01:01:32.200]  and to do this we need world leaders to agree on an ambitious target
[01:01:32.200 --> 01:01:35.200]  to lower levels, along with restricting the use of antibiotics
[01:01:35.200 --> 01:01:37.200]  important to humans.
[01:01:37.200 --> 01:01:39.200]  This creates a big resistance risk for everyone,
[01:01:39.200 --> 01:01:44.200]  which was highlighted by the recent Chinese finding of resistance to colostin,
[01:01:44.200 --> 01:01:48.200]  an important last resort antibiotic which has been used extensively in animals.
[01:01:48.200 --> 01:01:52.200]  The review on antimicrobial resistance estimates global antibiotic consumption
[01:01:52.200 --> 01:01:56.200]  in agriculture anywhere from 63,000 to 240,000 tons,
[01:01:56.200 --> 01:02:01.200]  with these figures predicted to rise 67 percent from 2010 to 2030
[01:02:01.200 --> 01:02:04.200]  due to Brazil, Russia, India, China, and South African nations
[01:02:04.200 --> 01:02:07.200]  increasing their antibiotic use by as much as 99 percent
[01:02:07.200 --> 01:02:09.200]  in the next two decades as well.
[01:02:09.200 --> 01:02:13.200]  Critics of the proposal cite shortages or price hikes on antibiotics
[01:02:13.200 --> 01:02:16.200]  as a result of the restrictionist policies that would have to be enforced
[01:02:16.200 --> 01:02:23.200]  over production and distribution.
[01:02:23.200 --> 01:02:27.200]  French Foreign Minister Laurent Fabius says that the COP21 climate talks
[01:02:27.200 --> 01:02:31.200]  he is co-hosting outside of Paris will not end today as scheduled,
[01:02:31.200 --> 01:02:33.200]  but will be extended at least until tomorrow.
[01:02:33.200 --> 01:02:36.200]  Diplomats and other top officials from more than 190 countries
[01:02:36.200 --> 01:02:39.200]  are agreeing on the final details of the global initiative
[01:02:39.200 --> 01:02:41.200]  to reduce man-made carbon emissions.
[01:02:41.200 --> 01:02:42.200]  There is still work to do.
[01:02:42.200 --> 01:02:44.200]  Things are going in the right direction, he said.
[01:02:44.200 --> 01:02:47.200]  Another crucial factor is China, the U.S., and other nations
[01:02:47.200 --> 01:02:51.200]  trying to figure out who's paying what for the multi-trillion dollar transition
[01:02:51.200 --> 01:02:55.200]  to clean energy on a global scale.
[01:02:55.200 --> 01:03:05.200]  This was your Lowdown for December 11, 2015.
[01:03:05.200 --> 01:03:14.200]  It's all according to the will of the Almighty.
[01:03:14.200 --> 01:03:16.200]  I read his book and it says,
[01:03:16.200 --> 01:03:21.200]  care is not for the unsightly.
[01:03:21.200 --> 01:03:30.200]  These warm hunters come by that term of rightly.
[01:03:30.200 --> 01:03:33.200]  I won't pay for the war with my fight.
[01:03:33.200 --> 01:03:36.200]  I won't pay for the car with my money.
[01:03:36.200 --> 01:03:39.200]  I won't pay for the fun with my body.
[01:03:39.200 --> 01:03:42.200]  Who gets plans wicked and their logic shoddy?
[01:03:42.200 --> 01:03:46.200]  Ain't gonna pay for the oil with my body.
[01:03:46.200 --> 01:03:49.200]  I won't pay for the poison with my money.
[01:03:49.200 --> 01:03:53.200]  Ain't gonna pay for the kids with my fight.
[01:03:53.200 --> 01:03:56.200]  The whole agenda smells funny.
[01:03:56.200 --> 01:03:59.200]  I wanna fight in a war.
[01:03:59.200 --> 01:04:03.200]  We wanna fight in a war of our own.
[01:04:03.200 --> 01:04:06.200]  We are going to pick the fight this time.
[01:04:06.200 --> 01:04:08.200]  It will be less accident prone.
[01:04:08.200 --> 01:04:09.200]  That's what Jerry says.
[01:04:09.200 --> 01:04:10.200]  It's absolutely true.
[01:04:10.200 --> 01:04:12.200]  We're gonna fight on our own terms.
[01:04:12.200 --> 01:04:14.200]  We're gonna pick the fight this time.
[01:04:14.200 --> 01:04:16.200]  Perfect song for the topic at hand.
[01:04:16.200 --> 01:04:19.200]  We are here with our guest, Mr. Mike Mears.
[01:04:19.200 --> 01:04:25.200]  It is Friday, December 11, 2015, and we do have a caller on the line.
[01:04:25.200 --> 01:04:27.200]  Mike's gonna stay with us a little while longer
[01:04:27.200 --> 01:04:31.200]  because we discussed some things on the break that I want to bring up on the air, too,
[01:04:31.200 --> 01:04:34.200]  so hope he can stay with us at least another couple of segments.
[01:04:34.200 --> 01:04:36.200]  We're gonna go to our caller first, though.
[01:04:36.200 --> 01:04:38.200]  We've got John in Colorado.
[01:04:38.200 --> 01:04:39.200]  John, thank you for calling in.
[01:04:39.200 --> 01:04:42.200]  What is your question for Mike Mears tonight?
[01:04:42.200 --> 01:04:43.200]  Thank you for the show.
[01:04:43.200 --> 01:04:44.200]  Thank you for taking my call.
[01:04:44.200 --> 01:04:45.200]  I have a question.
[01:04:45.200 --> 01:04:50.200]  The last comment that I heard was that some of this may not apply to collections from government.
[01:04:50.200 --> 01:04:54.200]  Could you tell me more about that?
[01:04:54.200 --> 01:04:59.200]  Well, the federal government, they were pretty nifty,
[01:04:59.200 --> 01:05:03.200]  I'll use a nice word, able to circumvent the Fair Credit
[01:05:03.200 --> 01:05:10.200]  and the Debt Collection Practices Act on government-type loans, okay,
[01:05:10.200 --> 01:05:15.200]  i.e. student loans is a perfect example.
[01:05:15.200 --> 01:05:20.200]  Those organizations do not fall under the Fair Credit Reporting Act
[01:05:20.200 --> 01:05:22.200]  and the Debt Collection Practices Act,
[01:05:22.200 --> 01:05:25.200]  so you cannot bring action against them.
[01:05:25.200 --> 01:05:30.200]  I've been doing this for quite a while, and we've researched this in the past,
[01:05:30.200 --> 01:05:32.200]  and it just, you know, it just doesn't work.
[01:05:32.200 --> 01:05:36.200]  Although, Edwin Guy in Rhode Island several years ago,
[01:05:36.200 --> 01:05:39.200]  he took them into federal court, and they paid them to go away,
[01:05:39.200 --> 01:05:44.200]  but then they gave it to the backup company that was handling the loss,
[01:05:44.200 --> 01:05:50.200]  and they started coming after them, and oh my God, it went on for months, if not years.
[01:05:50.200 --> 01:05:55.200]  But they circumvent the law because the Fair Credit
[01:05:55.200 --> 01:05:58.200]  and the Debt Collection Practices Act does not apply to them
[01:05:58.200 --> 01:06:03.200]  because their government agencies, federal agencies, county, state,
[01:06:03.200 --> 01:06:06.200]  they're exempt from those laws, believe it or not.
[01:06:06.200 --> 01:06:09.200]  It's only lenders.
[01:06:09.200 --> 01:06:11.200]  Go ahead.
[01:06:11.200 --> 01:06:14.200]  Okay, so I do believe that, unfortunately,
[01:06:14.200 --> 01:06:18.200]  because so what I'm dealing with is I have a child support,
[01:06:18.200 --> 01:06:23.200]  and I continue to report it wrong to the credit reporting agencies,
[01:06:23.200 --> 01:06:27.200]  and I disputed it with the credit reporting agencies,
[01:06:27.200 --> 01:06:30.200]  and they told me to investigate it, and it is correct.
[01:06:30.200 --> 01:06:33.200]  I disputed it with the state who is doing the reporting,
[01:06:33.200 --> 01:06:38.200]  and the state has told me that it's just frivolous.
[01:06:38.200 --> 01:06:43.200]  What's my next step if I can't go to federal court?
[01:06:43.200 --> 01:06:46.200]  Well, take the credit bureau in, and I've got a few tricks.
[01:06:46.200 --> 01:06:48.200]  I won't discuss them on the phone here,
[01:06:48.200 --> 01:06:51.200]  but there's ways of getting their attention.
[01:06:51.200 --> 01:06:54.200]  The credit bureaus, you are absolutely correct.
[01:06:54.200 --> 01:06:56.200]  We were just talking about that.
[01:06:56.200 --> 01:06:59.200]  They have 30 days to do an investigation and must get back to you,
[01:06:59.200 --> 01:07:03.200]  and they are governed under the Fair Credit Reporting Act,
[01:07:03.200 --> 01:07:08.200]  but there's ways of getting around that to get their attention.
[01:07:08.200 --> 01:07:14.200]  See, a lot of times I had one, I took one of the big three credit bureaus
[01:07:14.200 --> 01:07:17.200]  several years ago in the federal court, and I won,
[01:07:17.200 --> 01:07:24.200]  and I was getting my credit report sent to me overnight, FedEx, overnight.
[01:07:24.200 --> 01:07:30.200]  You let me know when you get the credit bureaus to send you anything overnight, okay?
[01:07:30.200 --> 01:07:32.200]  Because I had them in federal court.
[01:07:32.200 --> 01:07:37.200]  We had reached a verbal agreement to settle.
[01:07:37.200 --> 01:07:42.200]  Fixed my credit report up any way I wanted, was their words of their attorney.
[01:07:42.200 --> 01:07:45.200]  How's that for you?
[01:07:45.200 --> 01:07:51.200]  And the point is they settled with me, and they also paid me as part of the settlement.
[01:07:51.200 --> 01:07:54.200]  I'm not going to tell you which bureau it was or who the defendants were,
[01:07:54.200 --> 01:08:00.200]  but they paid me $4,000 to settle, okay?
[01:08:00.200 --> 01:08:04.200]  And they fixed my credit report up any way I wanted, and I was getting it overnight.
[01:08:04.200 --> 01:08:06.200]  They were sending it to me, and the lawyer would call.
[01:08:06.200 --> 01:08:09.200]  How does the credit report look now, Mr. Maris?
[01:08:09.200 --> 01:08:11.200]  Do you see any further problems in there?
[01:08:11.200 --> 01:08:14.200]  We did the settlement agreement we talked about,
[01:08:14.200 --> 01:08:16.200]  and that they're never going to report that again.
[01:08:16.200 --> 01:08:19.200]  And here's the bottom line to that so you understand.
[01:08:19.200 --> 01:08:22.200]  The credit bureaus, they have customers.
[01:08:22.200 --> 01:08:27.200]  They send them that information, credit cards, whoever provides the information to them.
[01:08:27.200 --> 01:08:29.200]  They control that.
[01:08:29.200 --> 01:08:32.200]  They can put in that credit report anything they want,
[01:08:32.200 --> 01:08:35.200]  and if they don't want to put something in there, what are you going to do to them?
[01:08:35.200 --> 01:08:38.200]  There's only three major credit reporting companies in the country.
[01:08:38.200 --> 01:08:40.200]  What are you going to do to them?
[01:08:40.200 --> 01:08:42.200]  Fire?
[01:08:42.200 --> 01:08:44.200]  Now you're a creditor, a lender?
[01:08:44.200 --> 01:08:47.200]  Who are you going to send the information to?
[01:08:47.200 --> 01:08:50.200]  So the credit bureaus rule when it comes to that stuff,
[01:08:50.200 --> 01:08:52.200]  but you've got to know how to hit them,
[01:08:52.200 --> 01:08:58.200]  and I've got a couple of sneaky tricks that you can pull on them to get their attention.
[01:08:58.200 --> 01:09:01.200]  I would like to pipe in here.
[01:09:01.200 --> 01:09:11.200]  While cities, counties, and states enjoy a certain amount of official immunity,
[01:09:11.200 --> 01:09:17.200]  they only have immunity when they're acting within scope,
[01:09:17.200 --> 01:09:27.200]  and filing false information to a public agency is not within scope.
[01:09:27.200 --> 01:09:29.200]  That's a tort.
[01:09:29.200 --> 01:09:34.200]  So you might have a hard time suing them,
[01:09:34.200 --> 01:09:41.200]  but a nice, ugly tort letter is likely to get the head of the agency hopping up and down
[01:09:41.200 --> 01:09:47.200]  and crawling down the chain of command until he gets to whoever is reporting this stuff,
[01:09:47.200 --> 01:09:49.200]  and that might get it fixed quickly.
[01:09:49.200 --> 01:09:53.200]  Yeah, and to have a legitimate tort, you have to show that there's been damages,
[01:09:53.200 --> 01:10:00.200]  and so that means like say you tried to rent an apartment somewhere, or you tried to buy a car,
[01:10:00.200 --> 01:10:03.200]  or you tried to get a loan for this or that,
[01:10:03.200 --> 01:10:10.200]  and you were denied because of this information in your credit report.
[01:10:10.200 --> 01:10:13.200]  So maybe what do you think about that angle, Mike,
[01:10:13.200 --> 01:10:21.200]  just a totally separate civil tort issue apart from the consumer credit protection stuff?
[01:10:21.200 --> 01:10:24.200]  Yeah, it absolutely could work.
[01:10:24.200 --> 01:10:29.200]  You'll certainly get their attention, and again, this all comes down to money.
[01:10:29.200 --> 01:10:36.200]  You can get the violations run up and built up, and they're talking about pennies,
[01:10:36.200 --> 01:10:41.200]  and it's going to cost them thousands to resolve this.
[01:10:41.200 --> 01:10:43.200]  Is it easier just to settle with you?
[01:10:43.200 --> 01:10:47.200]  And that's what happened with this credit bureau that I was involved with.
[01:10:47.200 --> 01:10:53.200]  Folks, if you were sitting on a jury, first of all, you have to find an unbiased jury.
[01:10:53.200 --> 01:10:56.200]  The big question is who doesn't have a credit report?
[01:10:56.200 --> 01:11:01.200]  Even the judge has a credit report, and now you've got the SOBs in federal court
[01:11:01.200 --> 01:11:04.200]  in front of a jury for messing up your credit report,
[01:11:04.200 --> 01:11:09.200]  and you've got to stop and think how many people on that jury have had issues
[01:11:09.200 --> 01:11:11.200]  with credit reporting agencies.
[01:11:11.200 --> 01:11:14.200]  I don't even want to open that door.
[01:11:14.200 --> 01:11:19.200]  Everybody has, okay, and now you've got the son of a gun standing in front of you
[01:11:19.200 --> 01:11:21.200]  in a courtroom, okay?
[01:11:21.200 --> 01:11:23.200]  See if they want to go there, folks.
[01:11:23.200 --> 01:11:25.200]  That's what it boils down to.
[01:11:25.200 --> 01:11:27.200]  See if they want to go there.
[01:11:27.200 --> 01:11:29.200]  This one didn't want to go there.
[01:11:29.200 --> 01:11:31.200]  They wanted to settle with me.
[01:11:31.200 --> 01:11:35.200]  The case ran maybe about six, eight months total time before they settled with me,
[01:11:35.200 --> 01:11:37.200]  but they came to the table.
[01:11:37.200 --> 01:11:41.200]  They offered me a settlement agreement.
[01:11:41.200 --> 01:11:48.200]  So, Mike, is it okay if John contacts you offline, like maybe through email,
[01:11:48.200 --> 01:11:53.200]  to discuss further about how to deal with these credit bureaus?
[01:11:53.200 --> 01:11:54.200]  Not a problem.
[01:11:54.200 --> 01:11:59.200]  Okay, John, so if you want to contact Mike,
[01:11:59.200 --> 01:12:04.200]  if you go to the Sponsors page on logosradionetwork.com,
[01:12:04.200 --> 01:12:09.200]  that's logosradionetwork.com, you click on the Sponsors link and you'll scroll down.
[01:12:09.200 --> 01:12:13.200]  You'll see about a third of the way down the page Michael Mears with the blue banner,
[01:12:13.200 --> 01:12:16.200]  and there's a link, and it has information about his course,
[01:12:16.200 --> 01:12:19.200]  and you can email him directly from there.
[01:12:19.200 --> 01:12:20.200]  Yep.
[01:12:20.200 --> 01:12:21.200]  Okay.
[01:12:21.200 --> 01:12:22.200]  Thank you.
[01:12:22.200 --> 01:12:23.200]  Is that good for now?
[01:12:23.200 --> 01:12:24.200]  Thank you.
[01:12:24.200 --> 01:12:26.200]  Then I'll tell you the dirty secret.
[01:12:26.200 --> 01:12:29.200]  Then I'll tell you the dirty secret.
[01:12:29.200 --> 01:12:36.200]  Yes, and there's another secret, too, but it's not much of a secret.
[01:12:36.200 --> 01:12:38.200]  Mike said this on the air.
[01:12:38.200 --> 01:12:43.200]  This may not help John because this has to do with child support issues,
[01:12:43.200 --> 01:12:51.200]  but with student loans, one way to protect yourself from any future possible
[01:12:51.200 --> 01:12:57.200]  negative credit ramifications if you happen to get in trouble paying back your
[01:12:57.200 --> 01:13:01.200]  student loans later on down the line, Mike has suggested on the air,
[01:13:01.200 --> 01:13:06.200]  and I think it's a great idea, as soon as you graduate,
[01:13:06.200 --> 01:13:10.200]  because keep in mind folks, when you're fresh out of college,
[01:13:10.200 --> 01:13:13.200]  I mean it's happened to me, it's happened to everybody I know,
[01:13:13.200 --> 01:13:18.200]  even while you're in college, okay, in graduate school and whatnot,
[01:13:18.200 --> 01:13:20.200]  you're getting flooded.
[01:13:20.200 --> 01:13:24.200]  I mean literally the mailbox, and I'm talking about snail mail,
[01:13:24.200 --> 01:13:31.200]  U.S. mail, is full on a daily basis of offers for loaning money to you
[01:13:31.200 --> 01:13:36.200]  because they consider college graduates and people who are about to graduate
[01:13:36.200 --> 01:13:41.200]  college or about to get their masters or their Ph.D. or whatnot to be good
[01:13:41.200 --> 01:13:44.200]  credit risk even though they have no credit history.
[01:13:44.200 --> 01:13:48.200]  So what Mike has said on the air before and what I think is a fantastic idea
[01:13:48.200 --> 01:13:55.200]  is while you have the opportunity, while you have good credit or a clean slate
[01:13:55.200 --> 01:14:01.200]  of credits, take advantage of some of these offers, not to buy a car,
[01:14:01.200 --> 01:14:04.200]  not to, you know, buy a bunch of stuff or go on vacation,
[01:14:04.200 --> 01:14:08.200]  but take out some credit cards and pay off those student loans.
[01:14:08.200 --> 01:14:15.200]  Immediately get those student loans out of your hair as soon as you possibly
[01:14:15.200 --> 01:14:19.200]  can by borrowing money from private sources, and then hey,
[01:14:19.200 --> 01:14:23.200]  if you run into difficulty later on down the road,
[01:14:23.200 --> 01:14:25.200]  it's a piece of cake.
[01:14:25.200 --> 01:14:27.200]  All you have to do is deal with credit card company
[01:14:27.200 --> 01:14:31.200]  and their debt collectors, and take it from there with Mike.
[01:14:31.200 --> 01:14:34.200]  But now the child support issue, you can't exactly do that.
[01:14:34.200 --> 01:14:36.200]  So I just wanted to throw that out there.
[01:14:36.200 --> 01:14:39.200]  Okay, John, so just send out Mike an email,
[01:14:39.200 --> 01:14:42.200]  and then you guys can get together off the air, okay?
[01:14:42.200 --> 01:14:43.200]  Thank you.
[01:14:43.200 --> 01:14:44.200]  All right, thanks, John.
[01:14:44.200 --> 01:14:46.200]  All right, we do have another call.
[01:14:46.200 --> 01:14:47.200]  Thanks for calling in.
[01:14:47.200 --> 01:14:48.200]  Yes, thank you, John.
[01:14:48.200 --> 01:14:49.200]  Thank you for calling in.
[01:14:49.200 --> 01:14:50.200]  We really do appreciate it.
[01:14:50.200 --> 01:14:53.200]  Wait, wait, I wanted to make one little comment.
[01:14:53.200 --> 01:14:54.200]  Okay, go ahead.
[01:14:54.200 --> 01:15:01.200]  John, before you go after them, go down and see if you can buy that Rolls Royce
[01:15:01.200 --> 01:15:06.200]  you wanted, and they're going to look at your credit report and say,
[01:15:06.200 --> 01:15:12.200]  you can't buy this Rolls Royce, Bubba, because you got this mark on your credit.
[01:15:12.200 --> 01:15:17.200]  And that is a cause of action called benefit of the bargain.
[01:15:17.200 --> 01:15:21.200]  You were just denied the benefit of the bargain.
[01:15:21.200 --> 01:15:22.200]  That's your claim.
[01:15:22.200 --> 01:15:26.200]  Yeah, maybe an even bigger denial of benefit of the bargain
[01:15:26.200 --> 01:15:29.200]  is if you try to take out a business loan,
[01:15:29.200 --> 01:15:32.200]  because that affects your livelihood, that affects your business.
[01:15:32.200 --> 01:15:34.200]  It's not even like a luxury item.
[01:15:34.200 --> 01:15:37.200]  Yeah, all you want to do is get denied
[01:15:37.200 --> 01:15:41.200]  and have them say they denied it because of your credit report.
[01:15:41.200 --> 01:15:44.200]  They don't have to say this particular item, just your credit report.
[01:15:44.200 --> 01:15:45.200]  Yep.
[01:15:45.200 --> 01:15:50.200]  And now you have documentable harm.
[01:15:50.200 --> 01:15:57.200]  Yeah, that's to set up a potential separate tort suit for damages
[01:15:57.200 --> 01:16:01.200]  against these entities that have nothing to do with the consumer protections.
[01:16:01.200 --> 01:16:05.200]  And again, as Mike is saying and what Randy is saying,
[01:16:05.200 --> 01:16:07.200]  you do want to have a legitimate suit.
[01:16:07.200 --> 01:16:12.200]  You don't want to go around drafting up lawsuits that are frivolous
[01:16:12.200 --> 01:16:16.200]  or filing lawsuits that are frivolous because you can get sanctioned for that.
[01:16:16.200 --> 01:16:19.200]  You can get declared a vexatious litigant for stuff like that.
[01:16:19.200 --> 01:16:21.200]  So we don't want to do that.
[01:16:21.200 --> 01:16:23.200]  So it needs to be legit.
[01:16:23.200 --> 01:16:26.200]  But you may never even need to file any of these things
[01:16:26.200 --> 01:16:29.200]  or this tort suit like what Randy is talking about.
[01:16:29.200 --> 01:16:34.200]  Sometimes just getting that in the mail is enough to get them hopping
[01:16:34.200 --> 01:16:38.200]  to do something to get you off their back.
[01:16:38.200 --> 01:16:40.200]  Okay, folks, we are going to break.
[01:16:40.200 --> 01:16:42.200]  We have another caller on the line, Terry from Michigan.
[01:16:42.200 --> 01:16:47.200]  John, thank you for calling in, and please email Mike Maris, okay?
[01:16:47.200 --> 01:16:49.200]  All righty, we'll be right back, folks.
[01:16:49.200 --> 01:16:52.200]  This is the Rule of Law with Randy Kelton.
[01:16:52.200 --> 01:16:53.200]  I'm Deborah Stevens.
[01:16:53.200 --> 01:17:00.200]  We're here with our good friend Mike Maris, 512-646-1984.
[01:17:00.200 --> 01:17:04.200]  Chances are you've heard of My Magic Mud, but have you used it?
[01:17:04.200 --> 01:17:07.200]  Thousands of people are blown away by the clean and healthy feeling
[01:17:07.200 --> 01:17:09.200]  they experience after just one use.
[01:17:09.200 --> 01:17:12.200]  Here's what Harlan Dietrich, owner of Brave New Books,
[01:17:12.200 --> 01:17:13.200]  has to say about the product.
[01:17:13.200 --> 01:17:14.200]  Hey, everybody.
[01:17:14.200 --> 01:17:16.200]  This is Harlan Dietrich, owner of Brave New Books.
[01:17:16.200 --> 01:17:18.200]  Just want to tell everybody about My Magic Mud.
[01:17:18.200 --> 01:17:21.200]  I use the product, and it makes my teeth feel clean and healthy.
[01:17:21.200 --> 01:17:23.200]  I think it makes them stronger.
[01:17:23.200 --> 01:17:25.200]  I got lots of customers that come in and say the same thing.
[01:17:25.200 --> 01:17:27.200]  You can pick yours up at Brave New Books.
[01:17:27.200 --> 01:17:30.200]  If that wasn't enough, Dr. Griffin Cole, DDS,
[01:17:30.200 --> 01:17:33.200]  who's been featured on the Alex Jones show, loves it too.
[01:17:33.200 --> 01:17:35.200]  Hi, I'm Dr. Griffin Cole, and I got to tell you,
[01:17:35.200 --> 01:17:37.200]  I really love this Magic Mud product.
[01:17:37.200 --> 01:17:40.200]  Because charcoal is so absorbent, it's very effective at taking off
[01:17:40.200 --> 01:17:43.200]  all the sticky plaque and debris that gets stuck on our teeth every day.
[01:17:43.200 --> 01:17:45.200]  I highly recommend My Magic Mud.
[01:17:45.200 --> 01:17:47.200]  If you haven't yet experienced My Magic Mud,
[01:17:47.200 --> 01:17:51.200]  it's never too late to brighten your smile and strengthen your teeth.
[01:17:51.200 --> 01:17:54.200]  Get your jar of My Magic Mud today at Brave New Books,
[01:17:54.200 --> 01:17:56.200]  located at 1904 Guadalupe Street,
[01:17:56.200 --> 01:18:00.200]  or order online today at MyMagicMud.com.
[01:18:00.200 --> 01:18:03.200]  Are you being harassed by debt collectors with phone calls,
[01:18:03.200 --> 01:18:05.200]  letters, or even lawsuits?
[01:18:05.200 --> 01:18:09.200]  Stop debt collectors now with the Michael Mears Proven Method.
[01:18:09.200 --> 01:18:13.200]  Michael Mears has won six cases in federal court against debt collectors,
[01:18:13.200 --> 01:18:15.200]  and now you can win too.
[01:18:15.200 --> 01:18:17.200]  You'll get step-by-step instructions in plain English
[01:18:17.200 --> 01:18:21.200]  on how to win in court using federal civil rights statutes,
[01:18:21.200 --> 01:18:25.200]  what to do when contacted by phone, mail, or court summons,
[01:18:25.200 --> 01:18:27.200]  how to answer letters and phone calls,
[01:18:27.200 --> 01:18:29.200]  how to get debt collectors out of your credit report,
[01:18:29.200 --> 01:18:34.200]  how to turn the financial tables on them and make them pay you to go away.
[01:18:34.200 --> 01:18:39.200]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:18:39.200 --> 01:18:41.200]  Personal consultation is available as well.
[01:18:41.200 --> 01:18:45.200]  For more information, please visit RuleOfLawRadio.com
[01:18:45.200 --> 01:18:47.200]  and click on the blue Michael Mears banner,
[01:18:47.200 --> 01:18:50.200]  or email MichaelMears at yahoo.com.
[01:18:50.200 --> 01:18:52.200]  That's RuleOfLawRadio.com,
[01:18:52.200 --> 01:18:57.200]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[01:18:57.200 --> 01:19:01.200]  to learn how to stop debt collectors now.
[01:19:01.200 --> 01:19:11.200]  This is the Logos Radio Network.
[01:19:31.200 --> 01:19:41.200]  Thank you.
[01:20:01.200 --> 01:20:26.200]  Okay, folks, we are back.
[01:20:26.200 --> 01:20:28.200]  This is the Rule of Law, Randy Kelton.
[01:20:28.200 --> 01:20:29.200]  I'm Deborah Stevens.
[01:20:29.200 --> 01:20:32.200]  We're very good friend and special guest, Mike Mears.
[01:20:32.200 --> 01:20:36.200]  We're talking about how to deal with creditors and debt collectors
[01:20:36.200 --> 01:20:38.200]  and the credit bureaus.
[01:20:38.200 --> 01:20:41.200]  And before we go to our next caller, Terry in Michigan,
[01:20:41.200 --> 01:20:49.200]  I just want to say, folks, do not be afraid to go after these punks, I would say.
[01:20:49.200 --> 01:20:51.200]  I would call them punks.
[01:20:51.200 --> 01:20:56.200]  Okay, listen, if you don't have much experience with the court system,
[01:20:56.200 --> 01:21:02.200]  the best way that I believe is the best way to cut your teeth of being a pro se
[01:21:02.200 --> 01:21:03.200]  is go beat up a debt collector.
[01:21:03.200 --> 01:21:04.200]  I'm serious.
[01:21:04.200 --> 01:21:07.200]  It really is not that hard.
[01:21:07.200 --> 01:21:11.200]  And most people would think fighting a traffic ticket would be.
[01:21:11.200 --> 01:21:16.200]  But actually, when it comes to debt collectors and credit card companies
[01:21:16.200 --> 01:21:22.200]  and things like that, the courts really don't have any consideration
[01:21:22.200 --> 01:21:24.200]  to protect those guys.
[01:21:24.200 --> 01:21:27.200]  All right, they're rather annoyed by them, as a matter of fact.
[01:21:27.200 --> 01:21:29.200]  And as Mike will talk about a little bit later,
[01:21:29.200 --> 01:21:35.200]  the attorney generals of states sometimes will even launch all out,
[01:21:35.200 --> 01:21:38.200]  you know, witch hunts against them.
[01:21:38.200 --> 01:21:40.200]  We'll talk about that a little bit more later.
[01:21:40.200 --> 01:21:45.200]  But I mean, from what I have seen, okay, from what I've seen,
[01:21:45.200 --> 01:21:48.200]  may not be the same thing 100% of the time,
[01:21:48.200 --> 01:21:50.200]  but from what I have seen and heard,
[01:21:50.200 --> 01:21:54.200]  the courts do not behave the same way concerning debt collectors
[01:21:54.200 --> 01:21:58.200]  and credit card companies that they do about mortgage lenders.
[01:21:58.200 --> 01:22:04.200]  There's a lot of corruption in the court system protecting lenders of mortgages.
[01:22:04.200 --> 01:22:06.200]  But this is a different deal.
[01:22:06.200 --> 01:22:08.200]  Don't be afraid to go beat these guys up.
[01:22:08.200 --> 01:22:13.200]  The courts really could, you know, give two hoots and a holler about them.
[01:22:13.200 --> 01:22:17.200]  Whereas when you're talking about dealing with a government entity,
[01:22:17.200 --> 01:22:25.200]  like fighting a traffic ticket, the courts have reason and bias to be against you.
[01:22:25.200 --> 01:22:27.200]  You know, when you're fighting the government,
[01:22:27.200 --> 01:22:30.200]  when you're fighting the man, so to speak, the system,
[01:22:30.200 --> 01:22:32.200]  you're going to run into a lot more friction.
[01:22:32.200 --> 01:22:34.200]  So go get them, is what I say.
[01:22:34.200 --> 01:22:38.200]  Okay, we're going to go now to Terry in Michigan.
[01:22:38.200 --> 01:22:39.200]  Terry, thanks for calling in.
[01:22:39.200 --> 01:22:43.200]  What is your question for Mike Miras tonight?
[01:22:43.200 --> 01:22:47.200]  Hello, Deborah, Mike and Randy.
[01:22:47.200 --> 01:22:48.200]  How are you doing?
[01:22:48.200 --> 01:22:49.200]  I'm listening.
[01:22:49.200 --> 01:22:50.200]  Oh, pretty good.
[01:22:50.200 --> 01:22:52.200]  I've been working with you, Mike, on my case,
[01:22:52.200 --> 01:22:55.200]  or you might remember once we start talking about it a little bit.
[01:22:55.200 --> 01:22:57.200]  Okay.
[01:22:57.200 --> 01:22:59.200]  When Deborah brought up the,
[01:22:59.200 --> 01:23:03.200]  she was going to bring up some stuff about compelled arbitration.
[01:23:03.200 --> 01:23:07.200]  And that's the problem that I ran into.
[01:23:07.200 --> 01:23:14.200]  When I had filed a motion to dismiss and or compel arbitration,
[01:23:14.200 --> 01:23:23.200]  and the magistrate had issued an order to dismiss and compel,
[01:23:23.200 --> 01:23:26.200]  but it had to be approved by the district judge.
[01:23:26.200 --> 01:23:30.200]  And so when it came to him, I had a chance to object.
[01:23:30.200 --> 01:23:32.200]  And so I filed my objectionary report.
[01:23:32.200 --> 01:23:37.200]  I filed it in, actually I filed it on July 23rd of this year,
[01:23:37.200 --> 01:23:40.200]  and I just got the answer on Monday.
[01:23:40.200 --> 01:23:45.200]  And I went through it and the judge did end up dismissing
[01:23:45.200 --> 01:23:50.200]  and compel arbitration.
[01:23:50.200 --> 01:23:54.200]  But he went through and agreed on the stuff that I said,
[01:23:54.200 --> 01:23:57.200]  but he said, I can't really do anything about that
[01:23:57.200 --> 01:24:00.200]  because there was an arbitration agreement
[01:24:00.200 --> 01:24:03.200]  and we don't have subject matter jurisdiction
[01:24:03.200 --> 01:24:06.200]  because the arbitration agreement was already there.
[01:24:06.200 --> 01:24:08.200]  Now that hasn't really been proven or anything,
[01:24:08.200 --> 01:24:12.200]  but they already filed that and it said that.
[01:24:12.200 --> 01:24:18.200]  And so I don't know if Deborah has some new ideas on arbitration.
[01:24:18.200 --> 01:24:23.200]  Well, yeah, and I can talk about what happened with the case
[01:24:23.200 --> 01:24:26.200]  that I was involved in, and Mike has some, you know,
[01:24:26.200 --> 01:24:28.200]  Mike has information on this as well.
[01:24:28.200 --> 01:24:35.200]  But you have to very carefully look over that alleged arbitration agreement, okay?
[01:24:35.200 --> 01:24:42.200]  And this was something that the creditor tried to throw at Jerry.
[01:24:42.200 --> 01:24:47.200]  That was one of the first things that they did after they filed their answer.
[01:24:47.200 --> 01:24:50.200]  They, after we did the schedule, they filed an answer,
[01:24:50.200 --> 01:24:52.200]  we did scheduling conference, all of that.
[01:24:52.200 --> 01:24:58.200]  Then I slammed them or, you know, I was basically helping with the case,
[01:24:58.200 --> 01:25:03.200]  you know, all the documentation that I got in Mike Mears' course,
[01:25:03.200 --> 01:25:07.200]  which you will get, you know, folks out there will get as well.
[01:25:07.200 --> 01:25:13.200]  But one of the ways that you really hold these guys' feet to the fire is through discovery, okay,
[01:25:13.200 --> 01:25:17.200]  and with your interrogatories and requests for production of documents
[01:25:17.200 --> 01:25:19.200]  and all these kinds of things.
[01:25:19.200 --> 01:25:23.200]  And of course you have to know what to ask for and these sorts of things,
[01:25:23.200 --> 01:25:28.200]  and this is what you learn in the course, right, and what you get from Mike.
[01:25:28.200 --> 01:25:34.200]  Well, so I landed on top of them like a ton of bricks with discovery,
[01:25:34.200 --> 01:25:39.200]  and that's when they started getting the clue that we were serious here.
[01:25:39.200 --> 01:25:46.200]  And so that's when they filed a motion to dismiss saying that the court had no jurisdiction
[01:25:46.200 --> 01:25:49.200]  because Jerry had agreed to binding arbitration.
[01:25:49.200 --> 01:25:55.200]  And they submitted, I can't remember if they submitted or if we had to get it in discovery.
[01:25:55.200 --> 01:26:01.200]  Somehow we ended up getting the copy of the alleged arbitration agreement.
[01:26:01.200 --> 01:26:09.200]  Now here's the key, you have to very, very carefully look at that arbitration agreement.
[01:26:09.200 --> 01:26:14.200]  And you may have agreed to some kind of binding arbitration,
[01:26:14.200 --> 01:26:18.200]  but the key is what are the terms?
[01:26:18.200 --> 01:26:20.200]  What do the terms say?
[01:26:20.200 --> 01:26:32.200]  Because in 99.9% of the cases they're always going to list a specific arbiter,
[01:26:32.200 --> 01:26:37.200]  a specific arbitration company, all right,
[01:26:37.200 --> 01:26:43.200]  and most of the time the ones that they're going to list is either the NAA,
[01:26:43.200 --> 01:26:45.200]  which we can talk about here.
[01:26:45.200 --> 01:26:50.200]  Mike's going to tell us what happened to them, and the other one is the AAA.
[01:26:50.200 --> 01:26:52.200]  There have been others.
[01:26:52.200 --> 01:26:59.200]  The bottom line is typically there will be a specific arbitration entity listed that you have agreed
[01:26:59.200 --> 01:27:04.200]  that you will go to to arbitrate, all right, and that is binding.
[01:27:04.200 --> 01:27:05.200]  You can't file a lawsuit.
[01:27:05.200 --> 01:27:08.200]  Well, here's what the FAA says.
[01:27:08.200 --> 01:27:12.200]  This is the Federal Arbitration Act.
[01:27:12.200 --> 01:27:19.200]  If there is a binding arbitration clause in a contract that both parties have agreed to
[01:27:19.200 --> 01:27:24.200]  and there is no arbiter listed,
[01:27:24.200 --> 01:27:30.200]  it's just a general agreement that in general you agree to binding arbitration,
[01:27:30.200 --> 01:27:36.200]  and there may be something in there about one party or the other has the authority to choose the arbiter
[01:27:36.200 --> 01:27:40.200]  or it has to be a mutual agreement, or there may be some kind of terms in there,
[01:27:40.200 --> 01:27:45.200]  but the bottom line is that there's not a specific arbiter listed.
[01:27:45.200 --> 01:27:48.200]  It's just like in general you agree to binding arbitration.
[01:27:48.200 --> 01:27:58.200]  In that circumstance, the federal court does indeed have jurisdiction under the Federal Arbitration Act
[01:27:58.200 --> 01:28:07.200]  to enforce that binding arbitration agreement, and the court has jurisdiction to assign an arbiter, okay?
[01:28:07.200 --> 01:28:13.200]  Now, I have never seen that kind of arbitration clause in a credit card agreement.
[01:28:13.200 --> 01:28:17.200]  Everyone that I have seen, now that doesn't mean they don't exist, okay,
[01:28:17.200 --> 01:28:23.200]  but everyone that I have seen, there is a specific arbiter listed, and there's a reason for that
[01:28:23.200 --> 01:28:28.200]  because they secretly work for the credit card companies and they're biased, okay?
[01:28:28.200 --> 01:28:37.200]  And most of them that have been listed that are in these agreements have been put out of business one way or the other.
[01:28:37.200 --> 01:28:43.200]  Either some government entity has shut them down for corruption or they've gone bankrupt
[01:28:43.200 --> 01:28:48.200]  or they have voluntarily shut themselves down because they felt the heat coming on,
[01:28:48.200 --> 01:28:59.200]  and so here's what else the FAA says. If there is a specific arbiter listed in the binding arbitration agreement,
[01:28:59.200 --> 01:29:04.200]  you and the other party have specifically agreed to a specific arbiter,
[01:29:04.200 --> 01:29:12.200]  if that arbiter is no longer available for any reason, and it could just be because they're too busy,
[01:29:12.200 --> 01:29:18.200]  they may be six months backlogged, okay, or they're out of business.
[01:29:18.200 --> 01:29:22.200]  If they're not available, then guess what?
[01:29:22.200 --> 01:29:29.200]  The court does not have authority or jurisdiction to assign a different arbiter,
[01:29:29.200 --> 01:29:38.200]  and that arbitration clause is that particular clause of the contract is void, okay?
[01:29:38.200 --> 01:29:44.200]  And that was a roadblock that they tried to throw our way, and we got around it because of that.
[01:29:44.200 --> 01:29:48.200]  So I hope that answers your question for now, Terry. We'll keep you on the line.
[01:29:48.200 --> 01:29:53.200]  On the other side, this is the rule of law, Randy Kelton, Deborah Stevens.
[01:29:53.200 --> 01:30:17.200]  We are here with Michael Mears. We've got another caller in line, callers 512-646-1984.
[01:30:17.200 --> 01:30:23.200]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:23.200 --> 01:30:27.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.200 --> 01:30:32.200]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.200 --> 01:30:35.200]  Privacy, it's worth hanging on to.
[01:30:35.200 --> 01:30:39.200]  This public service announcement is brought to you by StartPage.com,
[01:30:39.200 --> 01:30:43.200]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:43.200 --> 01:30:46.200]  Start over with StartPage.
[01:30:46.200 --> 01:30:50.200]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.200 --> 01:30:51.200]  Wrong.
[01:30:51.200 --> 01:30:56.200]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.200 --> 01:31:03.200]  They found that regularly drinking diet soda expanded people's waistlines five times more than no soda at all.
[01:31:03.200 --> 01:31:06.200]  The study's authors say artificial sweeteners trigger the appetite,
[01:31:06.200 --> 01:31:10.200]  but unlike regular sugars, don't deliver anything to squelch it.
[01:31:10.200 --> 01:31:16.200]  Eating up hunger without satisfying it leads to cravings, which can result in a larger overall calorie intake.
[01:31:16.200 --> 01:31:19.200]  So use natural sweeteners to maintain a healthy weight,
[01:31:19.200 --> 01:31:24.200]  and if you need to shed some pounds, avoid the sweet stuff altogether and drink water instead.
[01:31:24.200 --> 01:31:30.200]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.200 --> 01:31:36.200]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.200 --> 01:31:38.200]  The government says that fire brought it down.
[01:31:38.200 --> 01:31:43.200]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.200 --> 01:31:46.200]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.200 --> 01:31:49.200]  Thousands of my fellow first responders are dying.
[01:31:49.200 --> 01:31:50.200]  I'm not a conspiracy theorist.
[01:31:50.200 --> 01:31:51.200]  I'm a structural engineer.
[01:31:51.200 --> 01:31:52.200]  I'm a New York City correction officer.
[01:31:52.200 --> 01:31:53.200]  I'm an Air Force pilot.
[01:31:53.200 --> 01:31:55.200]  I'm a father who lost his son.
[01:31:55.200 --> 01:31:58.200]  We're Americans, and we deserve the truth.
[01:31:58.200 --> 01:32:01.200]  Go to RememberBuilding7.org today.
[01:32:01.200 --> 01:32:03.200]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.200 --> 01:32:06.200]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.200 --> 01:32:09.200]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.200 --> 01:32:11.200]  but good luck getting them to pay for it.
[01:32:11.200 --> 01:32:14.200]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.200 --> 01:32:17.200]  That's why you have insurance, and Hill Country Home Improvements
[01:32:17.200 --> 01:32:21.200]  can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.200 --> 01:32:25.200]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau
[01:32:25.200 --> 01:32:26.200]  with zero complaints.
[01:32:26.200 --> 01:32:32.200]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.200 --> 01:32:38.200]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.200 --> 01:32:42.200]  Mention the crypto show and get $100 off, and we'll donate another $100
[01:32:42.200 --> 01:32:45.200]  to the Logos Radio Network to help continue this programming.
[01:32:45.200 --> 01:32:50.200]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.200 --> 01:32:56.200]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.200 --> 01:32:58.200]  Discounts are based on full roof replacement.
[01:32:58.200 --> 01:33:02.200]  I mean, I'd actually be kidding about chemtrails.
[01:33:02.200 --> 01:33:05.200]  Looking for some truth? You found it.
[01:33:05.200 --> 01:33:33.200]  logosradionetwork.com.
[01:33:33.200 --> 01:33:35.200]  Okay, folks, we are back.
[01:33:35.200 --> 01:33:40.200]  We're talking with Terry in Michigan about binding arbitration issues.
[01:33:40.200 --> 01:33:42.200]  And before I bring Terry back on,
[01:33:42.200 --> 01:33:45.200]  I want to ask Terry some questions about what's happened specifically.
[01:33:45.200 --> 01:33:50.200]  But one thing that, you know, and again, I'm not giving legal advice either,
[01:33:50.200 --> 01:34:00.200]  but if it were me, I would hunt up the original credit card agreement
[01:34:00.200 --> 01:34:06.200]  before suing these guys and see if indeed, you know,
[01:34:06.200 --> 01:34:08.200]  there is a binding arbitration clause.
[01:34:08.200 --> 01:34:13.200]  And if so, read it very, very carefully to see if it's a generic,
[01:34:13.200 --> 01:34:15.200]  general binding arbitration.
[01:34:15.200 --> 01:34:19.200]  And if it is, I probably wouldn't file a lawsuit.
[01:34:19.200 --> 01:34:22.200]  If it were me, I might send them a tort letter.
[01:34:22.200 --> 01:34:27.200]  I might send them a draft lawsuit and try to pressure them to do what I want.
[01:34:27.200 --> 01:34:31.200]  But I would think twice about actually filing the suit,
[01:34:31.200 --> 01:34:34.200]  because if there's no specific arbiter listed,
[01:34:34.200 --> 01:34:38.200]  then the court would have jurisdiction to assign an arbiter
[01:34:38.200 --> 01:34:41.200]  and to hold to the binding arbitration agreement.
[01:34:41.200 --> 01:34:44.200]  However, they still have to prove that that contract is valid.
[01:34:44.200 --> 01:34:48.200]  So there are ways around that even, and Mike can speak to that.
[01:34:48.200 --> 01:34:52.200]  But, you know, to go to the heart of the matter,
[01:34:52.200 --> 01:34:55.200]  if there is a specific arbiter listed,
[01:34:55.200 --> 01:34:58.200]  you need to look them up and see if they're even still in business.
[01:34:58.200 --> 01:35:02.200]  And if they're not, well, then you ain't got nothing to worry about.
[01:35:02.200 --> 01:35:05.200]  And what I did with the case I was involved in,
[01:35:05.200 --> 01:35:10.200]  not only did I use the statute of the FAA, but I brought in case law too.
[01:35:10.200 --> 01:35:13.200]  And I brought in case law from our district,
[01:35:13.200 --> 01:35:19.200]  because you can't always successfully import case law from other circuits.
[01:35:19.200 --> 01:35:21.200]  Like here, we're in the Fifth Circuit.
[01:35:21.200 --> 01:35:24.200]  I wouldn't want to import case law from the Ninth Circuit.
[01:35:24.200 --> 01:35:30.200]  That's not really considered controlling case law for our district, our circuit, okay?
[01:35:30.200 --> 01:35:32.200]  Supreme Court, yes.
[01:35:32.200 --> 01:35:37.200]  Other, you can bring in case law, you know, appellate court rulings,
[01:35:37.200 --> 01:35:40.200]  or even district court rulings from other districts, other circuits.
[01:35:40.200 --> 01:35:45.200]  But that's just considered, you know, well, something to, you know, think about.
[01:35:45.200 --> 01:35:49.200]  But if you want it to be, to use it as controlling case law,
[01:35:49.200 --> 01:35:54.200]  it needs to be an appellate court ruling from your circuit or Supreme Court ruling.
[01:35:54.200 --> 01:36:00.200]  And we did, I did have, I did have a case from the Western District of Texas.
[01:36:00.200 --> 01:36:05.200]  And it was appealed to the Fifth Circuit, and it was upheld, and so I used that as well.
[01:36:05.200 --> 01:36:10.200]  And boy, let me tell you what, those attorneys got real excited.
[01:36:10.200 --> 01:36:15.200]  They were not expecting us to actually do case law research to fight them.
[01:36:15.200 --> 01:36:17.200]  They got real excited.
[01:36:17.200 --> 01:36:19.200]  So that's one thing I would look at.
[01:36:19.200 --> 01:36:25.200]  But again, even if you have agreed to binding arbitration in a generic sense,
[01:36:25.200 --> 01:36:26.200]  I will let Mike speak to this.
[01:36:26.200 --> 01:36:28.200]  There are ways around that.
[01:36:28.200 --> 01:36:31.200]  But Terry, so give us a little bit more details.
[01:36:31.200 --> 01:36:35.200]  Have you read the Binding Arbitration Agreement?
[01:36:35.200 --> 01:36:38.200]  Does it name an arbiter or not?
[01:36:38.200 --> 01:36:42.200]  Yes, it names the same two companies that you had stated there.
[01:36:42.200 --> 01:36:44.200]  Oh, it does?
[01:36:44.200 --> 01:36:46.200]  Well, they're defunct.
[01:36:46.200 --> 01:36:47.200]  Okay.
[01:36:47.200 --> 01:36:55.200]  So according to the FAA, the judge cannot hold you to that binding arbitration,
[01:36:55.200 --> 01:36:58.200]  and he can't assign an arbiter either.
[01:36:58.200 --> 01:37:02.200]  When did this ruling come down?
[01:37:02.200 --> 01:37:08.200]  It was, he gave the final one on November 30th, but I just received it in the mail.
[01:37:08.200 --> 01:37:09.200]  Okay.
[01:37:09.200 --> 01:37:10.200]  Well, then you have time to appeal.
[01:37:10.200 --> 01:37:14.200]  You need to appeal that immediately.
[01:37:14.200 --> 01:37:16.200]  You need to appeal that immediately.
[01:37:16.200 --> 01:37:18.200]  And you bought the course, right?
[01:37:18.200 --> 01:37:21.200]  You bought Mike Mears' course?
[01:37:21.200 --> 01:37:22.200]  Yes.
[01:37:22.200 --> 01:37:23.200]  Okay.
[01:37:23.200 --> 01:37:29.200]  Well, why don't you get with Mike offline for some specifics to file on that,
[01:37:29.200 --> 01:37:35.200]  and I'll see if I can hunt something up from my case too.
[01:37:35.200 --> 01:37:36.200]  But well, no.
[01:37:36.200 --> 01:37:40.200]  The case law that I have is not going to help you because you're in Michigan,
[01:37:40.200 --> 01:37:45.200]  and this is Texas.
[01:37:45.200 --> 01:37:49.200]  Mike, why don't you tell Terry what happened in the state
[01:37:49.200 --> 01:37:55.200]  that's pretty much right next door to where Terry is with the AAA?
[01:37:55.200 --> 01:37:57.200]  I mean, yeah, the NAA.
[01:37:57.200 --> 01:37:59.200]  Sorry.
[01:37:59.200 --> 01:38:01.200]  NFA.
[01:38:01.200 --> 01:38:09.200]  National, well, you got me going in circles now.
[01:38:09.200 --> 01:38:13.200]  I think it was the NAA, National Arbitration Association, I think.
[01:38:13.200 --> 01:38:14.200]  NAF.
[01:38:14.200 --> 01:38:15.200]  NAF.
[01:38:15.200 --> 01:38:19.200]  National Arbitration Forum, I believe, is the correct one.
[01:38:19.200 --> 01:38:20.200]  Okay, okay.
[01:38:20.200 --> 01:38:21.200]  The NAF.
[01:38:21.200 --> 01:38:22.200]  Okay, okay.
[01:38:22.200 --> 01:38:23.200]  Yeah, yeah.
[01:38:23.200 --> 01:38:25.200]  Well, the NAF for years had been around.
[01:38:25.200 --> 01:38:28.200]  They were headquartered out of Minnesota in that area.
[01:38:28.200 --> 01:38:39.200]  And turns out that all these arbitration agreements were going to them,
[01:38:39.200 --> 01:38:46.200]  and they had a 97% guarantee almost.
[01:38:46.200 --> 01:38:48.200]  I don't want to say the word guarantee,
[01:38:48.200 --> 01:38:52.200]  but 90% of the 7% of the cases went to the creditor.
[01:38:52.200 --> 01:38:56.200]  The consumer lost only got 3% of the cases.
[01:38:56.200 --> 01:39:01.200]  Well, the attorney general of the state of Minnesota started looking at that.
[01:39:01.200 --> 01:39:03.200]  Long story short, they're shut down.
[01:39:03.200 --> 01:39:06.200]  They're gone.
[01:39:06.200 --> 01:39:12.200]  They're gone because they weren't treating everybody equally in the arbitration fact.
[01:39:12.200 --> 01:39:15.200]  So that's what happened with Deborah's case.
[01:39:15.200 --> 01:39:20.200]  They said, well, we're arbitration close to the National Arbitration Foundation.
[01:39:20.200 --> 01:39:22.200]  And I said, when I heard all that, I said to her,
[01:39:22.200 --> 01:39:25.200]  I said, well, better ask somebody how you're going to get there
[01:39:25.200 --> 01:39:28.200]  in business, they're gone.
[01:39:28.200 --> 01:39:32.200]  So anyhow, that opened a whole other door.
[01:39:32.200 --> 01:39:38.200]  But the point is arbitration, you can refuse arbitration.
[01:39:38.200 --> 01:39:40.200]  I know the newer stuff coming out.
[01:39:40.200 --> 01:39:46.200]  They have clauses in there now that says you have binding arbitration and all that stuff.
[01:39:46.200 --> 01:39:50.200]  And that's fine.
[01:39:50.200 --> 01:39:51.200]  I understand that.
[01:39:51.200 --> 01:39:56.200]  But if they've done Fair Credit Reporting Act violations,
[01:39:56.200 --> 01:39:58.200]  it has nothing to do with arbitration.
[01:39:58.200 --> 01:40:02.200]  You're not arguing over the money or debt.
[01:40:02.200 --> 01:40:03.200]  Okay?
[01:40:03.200 --> 01:40:07.200]  Humble opinion, you're looking at the things they failed to do
[01:40:07.200 --> 01:40:12.200]  under Fair Credit Reporting or Debt Collection Practices Act.
[01:40:12.200 --> 01:40:15.200]  But one of the things...
[01:40:15.200 --> 01:40:16.200]  Go ahead, Derek.
[01:40:16.200 --> 01:40:20.200]  Go ahead.
[01:40:20.200 --> 01:40:25.200]  I had argued that it had nothing to do with the agreement,
[01:40:25.200 --> 01:40:29.200]  that it was the information they were putting in my credit report.
[01:40:29.200 --> 01:40:33.200]  And I also argued, and I put down the case and the attorney general's name
[01:40:33.200 --> 01:40:39.200]  and everything of how they were banned in Minnesota.
[01:40:39.200 --> 01:40:41.200]  Right.
[01:40:41.200 --> 01:40:47.200]  The judge wasn't really interested in that.
[01:40:47.200 --> 01:40:48.200]  Interesting.
[01:40:48.200 --> 01:40:54.200]  Well, the point is, on arbitration,
[01:40:54.200 --> 01:40:58.200]  I don't understand how they got away with getting around that
[01:40:58.200 --> 01:41:01.200]  under the Fair Credit Reporting Act violations
[01:41:01.200 --> 01:41:06.200]  because it has nothing to do with the agreement of the contract,
[01:41:06.200 --> 01:41:08.200]  whether you paid the bill or you didn't pay the bill.
[01:41:08.200 --> 01:41:10.200]  That's what the contract is about.
[01:41:10.200 --> 01:41:13.200]  But the contract will say, oh, you've got to go to arbitration.
[01:41:13.200 --> 01:41:14.200]  You can't sue us.
[01:41:14.200 --> 01:41:17.200]  Okay.
[01:41:17.200 --> 01:41:20.200]  I've got some issues on that,
[01:41:20.200 --> 01:41:26.200]  and I'm pretty sure I have some past information on that
[01:41:26.200 --> 01:41:28.200]  that I can share with you.
[01:41:28.200 --> 01:41:32.200]  Send me an email and I'll dig it up and see what we can do.
[01:41:32.200 --> 01:41:41.200]  One of the things I would do on that is basically as a memorandum to the court,
[01:41:41.200 --> 01:41:44.200]  before I go to the appeal stage and say,
[01:41:44.200 --> 01:41:47.200]  hey, here's my train of thought on that, here's what I found,
[01:41:47.200 --> 01:41:49.200]  and here's the story.
[01:41:49.200 --> 01:41:52.200]  And, you know, with the court, please reconsider.
[01:41:52.200 --> 01:41:54.200]  This way I won't have to appeal it.
[01:41:54.200 --> 01:41:57.200]  Because it could be overturned.
[01:41:57.200 --> 01:42:00.200]  So give the judge a chance to think it over again,
[01:42:00.200 --> 01:42:02.200]  and maybe they'd come back and say, all right,
[01:42:02.200 --> 01:42:06.200]  well, we're going to avoid this going to arbitration thing.
[01:42:06.200 --> 01:42:07.200]  Okay?
[01:42:07.200 --> 01:42:08.200]  I don't see that.
[01:42:08.200 --> 01:42:15.200]  Make a motion for reconsideration and include findings of fact and conclusions at law.
[01:42:15.200 --> 01:42:20.200]  You want to ask the judge for findings in fact and conclusions at law,
[01:42:20.200 --> 01:42:25.200]  but include your own and ask him to accept yours or create his own.
[01:42:25.200 --> 01:42:26.200]  Okay, wait.
[01:42:26.200 --> 01:42:29.200]  At this point, I need to interject something here.
[01:42:29.200 --> 01:42:33.200]  Terry, you mentioned something about a magistrate.
[01:42:33.200 --> 01:42:38.200]  Was this a magistrate recommendation on this matter?
[01:42:38.200 --> 01:42:44.200]  The magistrate gave the recommendation, and I filed an objection,
[01:42:44.200 --> 01:42:49.200]  and that was the one I filed in July.
[01:42:49.200 --> 01:42:53.200]  And then the judge came back with the final decision.
[01:42:53.200 --> 01:42:57.200]  And he accepted the magistrate's recommendation?
[01:42:57.200 --> 01:43:00.200]  Well, let me read you exactly what he said,
[01:43:00.200 --> 01:43:04.200]  because I found it kind of interesting.
[01:43:04.200 --> 01:43:10.200]  He said, Accordingly, it is ordered that plaintiffs' objections are sustained in part.
[01:43:10.200 --> 01:43:15.200]  It is further ordered that the report and recommendations is rejected in part.
[01:43:15.200 --> 01:43:21.200]  It is further ordered that plaintiffs' complaint is dismissed without prejudice
[01:43:21.200 --> 01:43:24.200]  as to his right to pursue his claims for arbitration
[01:43:24.200 --> 01:43:29.200]  pursuant to the terms of the party's arbitration agreement.
[01:43:29.200 --> 01:43:32.200]  So it was sustained in part,
[01:43:32.200 --> 01:43:36.200]  and then the magistrate's recommendation rejected in part,
[01:43:36.200 --> 01:43:38.200]  and then dismissed without prejudice.
[01:43:38.200 --> 01:43:42.200]  Did you bring up this issue about the FAA saying that the court doesn't have...
[01:43:42.200 --> 01:43:45.200]  Well, listen, we'll have to ask this on the other side.
[01:43:45.200 --> 01:43:46.200]  We'll be right back.
[01:43:46.200 --> 01:43:48.200]  We're talking about binding arbitration issues
[01:43:48.200 --> 01:43:51.200]  and how to deal with them in these credit card cases.
[01:43:51.200 --> 01:43:54.200]  This is the rule of law, Randy Kelton, Deborah Stevens.
[01:43:54.200 --> 01:43:56.200]  We're here with our very special guest, Mike Maris.
[01:43:56.200 --> 01:44:00.200]  We'll be right back.
[01:44:00.200 --> 01:44:04.200]  You feel tired when talking about important topics like money and politics?
[01:44:04.200 --> 01:44:07.200]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.200 --> 01:44:08.200]  What?
[01:44:08.200 --> 01:44:13.200]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.200 --> 01:44:16.200]  Hi, my name is Steve Holt, and like millions of other Americans,
[01:44:16.200 --> 01:44:19.200]  I was diagnosed with stupidity at an early age.
[01:44:19.200 --> 01:44:22.200]  I had no idea that the number one cause of the disease
[01:44:22.200 --> 01:44:25.200]  is found in almost every home in America, the television.
[01:44:25.200 --> 01:44:29.200]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.200 --> 01:44:30.200]  but there is hope.
[01:44:30.200 --> 01:44:32.200]  The staff at Brave New Books have helped me
[01:44:32.200 --> 01:44:36.200]  and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:36.200 --> 01:44:39.200]  And because of Brave New Books, I now enjoy reading
[01:44:39.200 --> 01:44:43.200]  and watching educational documentaries without feeling tired or uninterested.
[01:44:43.200 --> 01:44:46.200]  So if you or anybody you know suffers from stupidity,
[01:44:46.200 --> 01:44:50.200]  then you need to call 512-480-2503
[01:44:50.200 --> 01:44:54.200]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.200 --> 01:44:57.200]  Side effects from using Brave New Books products may include discernment
[01:44:57.200 --> 01:45:00.200]  and enlarged vocabulary and an overall increase in mental functioning.
[01:45:00.200 --> 01:45:04.200]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.200 --> 01:45:07.200]  Win your case without an attorney with Jurisdictionary,
[01:45:07.200 --> 01:45:11.200]  the affordable, easy-to-understand 4-CD course
[01:45:11.200 --> 01:45:15.200]  that will show you how in 24 hours, step-by-step.
[01:45:15.200 --> 01:45:19.200]  If you have a lawyer, know what your lawyer should be doing.
[01:45:19.200 --> 01:45:23.200]  If you don't have a lawyer, know what you should do for yourself.
[01:45:23.200 --> 01:45:28.200]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.200 --> 01:45:31.200]  Jurisdictionary was created by a licensed attorney
[01:45:31.200 --> 01:45:34.200]  with 22 years of case-winning experience.
[01:45:34.200 --> 01:45:39.200]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.200 --> 01:45:43.200]  about the principles and practices that control our American courts.
[01:45:43.200 --> 01:45:47.200]  You'll receive our audio classroom, video seminar, tutorials,
[01:45:47.200 --> 01:45:52.200]  forms for civil cases, pro se tactics, and much more.
[01:45:52.200 --> 01:45:56.200]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.200 --> 01:46:01.200]  or call toll-free, 866-LAW-EZ.
[01:46:01.200 --> 01:46:29.200]  Thank you.
[01:46:29.200 --> 01:46:58.200]  Thank you.
[01:46:58.200 --> 01:47:00.200]  Okay, folks, we are back.
[01:47:00.200 --> 01:47:01.200]  This is the rule of law.
[01:47:01.200 --> 01:47:06.200]  All right, we're talking to Terry in Michigan here
[01:47:06.200 --> 01:47:09.200]  about this binding arbitration issue,
[01:47:09.200 --> 01:47:13.200]  and we do have another guest on the line now.
[01:47:13.200 --> 01:47:16.200]  We've got Jeff in Maryland who wants to make some points.
[01:47:16.200 --> 01:47:20.200]  And, Terry, something that you told me right before the break,
[01:47:20.200 --> 01:47:24.200]  which I didn't have a chance to respond to because we were going,
[01:47:24.200 --> 01:47:27.200]  we were running out of time, but Jeff brought it up on the break
[01:47:27.200 --> 01:47:31.200]  and so I want to mention it, and I'll let Jeff talk about that as well.
[01:47:31.200 --> 01:47:38.200]  When you said that this judge dismissed your case without prejudice,
[01:47:38.200 --> 01:47:45.200]  that's basically the judge winking at you and telling you between the lines,
[01:47:45.200 --> 01:47:51.200]  a whisper in the ear, hey, you need to go back and amend your petition
[01:47:51.200 --> 01:47:57.200]  and come back at this with a little bit more, you know, a little bit better argument here
[01:47:57.200 --> 01:48:00.200]  if you want to win your case,
[01:48:00.200 --> 01:48:04.200]  because dismissing without prejudice is basically what it means.
[01:48:04.200 --> 01:48:06.200]  You can refile the case from scratch,
[01:48:06.200 --> 01:48:10.200]  as long as it's within the statute of limitations, okay?
[01:48:10.200 --> 01:48:13.200]  If you're outside of the statute of limitations,
[01:48:13.200 --> 01:48:20.200]  which is a dirty trick technique, by the way, of lawyers,
[01:48:20.200 --> 01:48:25.200]  they will string a case along so long with frivolous discovery
[01:48:25.200 --> 01:48:29.200]  and this, that, and the other and postponing and continuances
[01:48:29.200 --> 01:48:34.200]  and all kinds of stuff and wanting to reschedule deadlines of pleadings and whatnot.
[01:48:34.200 --> 01:48:38.200]  They will run you out of your statute of limitations
[01:48:38.200 --> 01:48:44.200]  so that even if your case gets dismissed without prejudice, you can't refile it.
[01:48:44.200 --> 01:48:47.200]  So if you're within the statute of limitations,
[01:48:47.200 --> 01:48:52.200]  that's probably a much better option for you than to appeal.
[01:48:52.200 --> 01:48:56.200]  I would only appeal if it was a ruling that said with prejudice.
[01:48:56.200 --> 01:48:58.200]  So, Jeff, you want to speak to that some more?
[01:48:58.200 --> 01:49:02.200]  And you had another comment on this as well.
[01:49:02.200 --> 01:49:06.200]  I'm not too sure that I could actually add anything to what you said on that particular deal.
[01:49:06.200 --> 01:49:09.200]  It's just, just amend and refile.
[01:49:09.200 --> 01:49:22.200]  If you're outside the statute of limitations, then you might want to consider reconsideration
[01:49:22.200 --> 01:49:30.200]  on the judge's opinion because if what Deborah has said is so
[01:49:30.200 --> 01:49:35.200]  and what you have said is so, then the arbiter is out of business.
[01:49:35.200 --> 01:49:38.200]  They knew the arbiter was out of business.
[01:49:38.200 --> 01:49:44.200]  They knew that the arbitration agreement was not going to hold water.
[01:49:44.200 --> 01:49:50.200]  So they used a false and deceptive means in an attempt to collect a debt,
[01:49:50.200 --> 01:49:54.200]  and that also files and falls under 1692E.
[01:49:54.200 --> 01:50:01.200]  So you can bring that one to bear as well.
[01:50:01.200 --> 01:50:02.200]  Are you there?
[01:50:02.200 --> 01:50:09.200]  With the statute of limitations and my ability to file,
[01:50:09.200 --> 01:50:16.200]  I actually filed like a week before the statute ran out from the two years.
[01:50:16.200 --> 01:50:25.200]  So you're going to then I would suggest that you file a motion to reconsider
[01:50:25.200 --> 01:50:29.200]  and point out the failings that the arbiter is out of business,
[01:50:29.200 --> 01:50:36.200]  that the law says this and they can't force you to arbitration,
[01:50:36.200 --> 01:50:41.200]  the judge can't appoint an arbiter, and the case needs to move forward.
[01:50:41.200 --> 01:50:46.200]  Yeah, and you need to come up with case law on that that is applicable in your circuit
[01:50:46.200 --> 01:50:49.200]  like what I did with the Western District of Texas.
[01:50:49.200 --> 01:50:54.200]  There was a case in a Houston case, which is the Western District of Texas,
[01:50:54.200 --> 01:50:58.200]  and then it went to appeal over this very issue to the Fifth Circuit
[01:50:58.200 --> 01:51:01.200]  and the Fifth Circuit said, hey, you guys are full of it.
[01:51:01.200 --> 01:51:03.200]  This arbiter is out of business.
[01:51:03.200 --> 01:51:07.200]  The district court does not have jurisdiction to appoint an arbiter.
[01:51:07.200 --> 01:51:11.200]  Furthermore, according to the FAA, the Federal Arbitration Act,
[01:51:11.200 --> 01:51:16.200]  that particular clause of the contract is void.
[01:51:16.200 --> 01:51:18.200]  It doesn't mean the whole contract is void.
[01:51:18.200 --> 01:51:20.200]  It means that particular clause is void.
[01:51:20.200 --> 01:51:24.200]  So you need to find that passage in the FAA.
[01:51:24.200 --> 01:51:27.200]  You need to point out the statute, but the statute isn't good enough.
[01:51:27.200 --> 01:51:31.200]  You need to jeopardize the statute, and you need to come up with a case law
[01:51:31.200 --> 01:51:34.200]  that is controlling in your circuit on that issue,
[01:51:34.200 --> 01:51:38.200]  and I guarantee you there will be control of the case law on that issue.
[01:51:38.200 --> 01:51:41.200]  And you'll need to find some way of getting authenticated evidence
[01:51:41.200 --> 01:51:47.200]  into the court that shows that they're out of business.
[01:51:47.200 --> 01:51:53.200]  You know, even if it's something off the state's attorney general's website,
[01:51:53.200 --> 01:51:58.200]  you can put an affidavit with that saying that's where you got it from.
[01:51:58.200 --> 01:51:59.200]  Yep.
[01:51:59.200 --> 01:52:08.200]  And there is information on that from the Minnesota state attorney general website.
[01:52:08.200 --> 01:52:16.200]  They have a document that was filed and signed by the CEO or whatever of the NAF
[01:52:16.200 --> 01:52:21.200]  saying that they were voluntarily shutting down their doors, that they were gone.
[01:52:21.200 --> 01:52:24.200]  And the National Arbitration Reform Act goes back three years.
[01:52:24.200 --> 01:52:26.200]  Oh, yeah. Yeah.
[01:52:26.200 --> 01:52:29.200]  That actually happened in 2009, six years.
[01:52:29.200 --> 01:52:32.200]  Oh, and really back to that. Oh, that's six years ago. My goodness.
[01:52:32.200 --> 01:52:35.200]  Yeah. Yeah. Yeah.
[01:52:35.200 --> 01:52:40.200]  What happened with that case, though, was I think they got shut down in Minnesota only.
[01:52:40.200 --> 01:52:44.200]  No, they were shut down, period.
[01:52:44.200 --> 01:52:45.200]  Yeah.
[01:52:45.200 --> 01:52:49.200]  They shut down, period. Period. They're gone. They're gone.
[01:52:49.200 --> 01:52:56.200]  Every credit card lender you could think of was hooked up with those guys all over the country.
[01:52:56.200 --> 01:53:02.200]  And they were shut down because they were owned by God, what's the name of that law firm?
[01:53:02.200 --> 01:53:03.200]  Yeah.
[01:53:03.200 --> 01:53:10.200]  They had three or four thousand lawsuits going at the same time against it.
[01:53:10.200 --> 01:53:12.200]  Wolkhoff and Abramson.
[01:53:12.200 --> 01:53:15.200]  Well, that's that. You got it. Good memory.
[01:53:15.200 --> 01:53:20.200]  Yes. And so, Terry, you have time now, but you've got to file that motion for reconsideration.
[01:53:20.200 --> 01:53:23.200]  You've got 30 days from the time of dismissal.
[01:53:23.200 --> 01:53:27.200]  That's what I was saying. You've got 30 days. You have time, but you need to file that.
[01:53:27.200 --> 01:53:44.200]  And if that doesn't go anywhere, then you file a motion for findings of fact and conclusion at law to ask the judge to explain him or herself as to why he is making a ruling that is against controlling case law in his circuit or her circuit.
[01:53:44.200 --> 01:53:50.200]  That's why you need to get the case law backing this up and not just mention the statute.
[01:53:50.200 --> 01:53:53.200]  So does that help, Terry?
[01:53:53.200 --> 01:53:58.200]  Yeah. Yeah, it does. I'm going to have to look into exactly how to do that.
[01:53:58.200 --> 01:54:05.200]  But one of the other things, though, too, is they need two different companies in the arbitration agreement, not just...
[01:54:05.200 --> 01:54:10.200]  Okay. Well, then you need to find out what's going on with those other two companies. Are they still in business or not?
[01:54:10.200 --> 01:54:17.200]  So this was like a multiple choice agreement, either this one or that one or the other one?
[01:54:17.200 --> 01:54:24.200]  Yeah. Well, because I had also argued that they would have to travel to do the arbitration agreement.
[01:54:24.200 --> 01:54:30.200]  And they came back and said, no, we'll come up with an arbitrator that's right there, right in your county.
[01:54:30.200 --> 01:54:44.200]  Okay. Then you need to do research on the other two arbiters, but you've got time. But I can probably say fairly certain that they're probably both out of business.
[01:54:44.200 --> 01:54:45.200]  Yeah. Check them out.
[01:54:45.200 --> 01:54:52.200]  Yeah. You need to look that carefully. You need to research those other companies and then get back with Mike on that one. Okay, Terry?
[01:54:52.200 --> 01:54:53.200]  Yeah. Okay.
[01:54:53.200 --> 01:54:56.200]  All right. Any other comments, Jeff, on this issue?
[01:54:56.200 --> 01:54:58.200]  No, not at all.
[01:54:58.200 --> 01:55:05.200]  Okay. Great. Okay. We've got a few minutes left in this segment. Are we good to go now, Terry?
[01:55:05.200 --> 01:55:06.200]  Yeah.
[01:55:06.200 --> 01:55:11.200]  Okay. Great. Okay. Sure. Okay. We're going to go now to David in South Dakota.
[01:55:11.200 --> 01:55:15.200]  David, thank you for calling. What is your question for Mike Mears tonight?
[01:55:15.200 --> 01:55:20.200]  Hi, Deborah and Randy and Michael. And nice to speak to all three of you again.
[01:55:20.200 --> 01:55:34.200]  I have a general question which would apply in my case because a collector out of Austin is suing me or I want to file in federal lawsuit, but I live in South Dakota.
[01:55:34.200 --> 01:55:39.200]  The question is, do I file anywhere I live or where he lives?
[01:55:39.200 --> 01:55:53.200]  Yep. No, it's where you live, sir. That's the court that has jurisdiction over you. Any court in Texas don't have jurisdiction over you, sir.
[01:55:53.200 --> 01:55:59.200]  No court has jurisdiction over me in South Dakota.
[01:55:59.200 --> 01:56:18.200]  Right. Correct. If he's in Texas and they're sending you letters and they're threatening to sue you and you want to take them into federal court, you take them into federal court right where you live and then they have to hire an attorney there to represent them where you live.
[01:56:18.200 --> 01:56:24.200]  Not only an out-of-state attorney, but an attorney that can practice in federal court.
[01:56:24.200 --> 01:56:28.200]  Yes, sir. That is absolutely correct.
[01:56:28.200 --> 01:56:30.200]  Okay.
[01:56:30.200 --> 01:56:49.200]  I've done that 20 times. 20 times. I have credit cards, the credit bureau. I was living 1,500 miles away from the credit bureau I went after and I sued them in my federal court in my state and they had an attorney to represent them where I live.
[01:56:49.200 --> 01:56:51.200]  Yeah. Okay.
[01:56:51.200 --> 01:56:53.200]  Okay.
[01:56:53.200 --> 01:57:00.200]  I've verified what I believe, but I just wanted to help other people.
[01:57:00.200 --> 01:57:01.200]  Okay.
[01:57:01.200 --> 01:57:13.200]  Yep. You can do it right in your state and they're going to have to get somebody there to represent them or they might come to the table and want to settle right away, you know?
[01:57:13.200 --> 01:57:20.200]  Yeah, I think that's the noise I'm hearing now about them wanting to settle.
[01:57:20.200 --> 01:57:22.200]  Yep.
[01:57:22.200 --> 01:57:37.200]  And here's another thing. When they start coming to the table wanting to settle, don't get too, I mean this is, if it were me, I'm not giving legal advice, but I wouldn't get too pushy about the amount, okay?
[01:57:37.200 --> 01:57:45.200]  I mean like in our case, I mean, we had almost a million bucks on these guys, okay? There was like $600,000 just on TCPA alone.
[01:57:45.200 --> 01:57:58.200]  And yeah, and then they want to come to the table and settle and they want to pay us 500 bucks and so we said, come on guys, look how many hundreds of thousands we're talking about.
[01:57:58.200 --> 01:58:05.200]  How about you give us 15 grand? Well, they didn't like that. So then we said, how about 10? And they didn't like that either.
[01:58:05.200 --> 01:58:24.200]  And then they came with their final offer, which I can't say because there's a privacy agreement, but it was less than what we wanted, but we could see that that was the final offer and that it wasn't worth dragging out through trial to maybe get a certain amount more.
[01:58:24.200 --> 01:58:36.200]  So don't get too pushy or, you know, just look, you want to get this out of your hair is the point, okay? And you end up walking away from the table with a few thousand bucks, then you've done good.
[01:58:36.200 --> 01:58:50.200]  So that's my word on that deal. Okay, David? Okay. Well, the other point about these federal lawsuits. Well, hurry, we're running out of time. We'll be right back.
[01:58:50.200 --> 01:58:58.200]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[01:58:58.200 --> 01:59:06.200]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[01:59:06.200 --> 01:59:27.200]  Enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9000 explanatory footnotes. Difficult and profound passages are opened up in a marvelous way, providing an entrance into the richest of the word beyond which you've ever experienced before.
[01:59:27.200 --> 01:59:50.200]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[01:59:50.200 --> 02:00:00.200]  You are listening to the Logos Radio Network, logosradionetwork.com.