[00:00.000 --> 00:08.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your deli
[00:08.000 --> 00:15.000]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.000 --> 00:23.000]  into the tides of the alternative.
[00:23.000 --> 00:29.500]  Markets for the 1st of October 2015 opened up with gold at $1,114.30 an ounce, silver
[00:29.500 --> 00:35.800]  at $14.54 an ounce, texas crude at $45.09 a barrel, and bitcoin is currently sitting
[00:35.800 --> 00:44.800]  at about $239 us currency.
[00:44.800 --> 00:51.220]  Today in history, Friday October 1st, 1982, the Sony CDP-101, the world's first commercially
[00:51.220 --> 00:59.040]  released compact disc flare, is released in Japan for 168,000 yen, roughly $730 US dollars
[00:59.040 --> 01:04.400]  in 1982.
[01:04.400 --> 01:08.680]  In recent news, the weather forecasting system that initially predicted Hurricane Joaquin
[01:08.680 --> 01:13.580]  would hit the east coast is now saying it will most likely stay over the Atlantic Ocean.
[01:13.580 --> 01:18.040]  The hurricane has, however, been upgraded to a category 4 storm, meaning sustained winds
[01:18.040 --> 01:21.320]  of at least 130 mph as it hit the Bahamas.
[01:21.320 --> 01:25.020]  The storm is expected to stay in the Caribbean until at least Friday morning, and though
[01:25.020 --> 01:29.160]  it appears to be headed out to sea, silver servants warned east coast residents not to
[01:29.160 --> 01:35.960]  let their guard down just yet.
[01:35.960 --> 01:40.920]  English and Welsh smokers will be fined £50, which is roughly around $75 if they are caught
[01:40.920 --> 01:44.600]  violating a new law which aims to protect children when they are riding in the car with
[01:44.600 --> 01:45.600]  them.
[01:45.600 --> 01:49.200]  This is part of a tough anti-secondhand smoke measure that went into effect today, in which
[01:49.200 --> 01:54.000]  the driver faces the same fine even if he or she wasn't the one smoking with the children
[01:54.000 --> 01:55.120]  inside the vehicle.
[01:55.120 --> 01:59.400]  The law would apply even if windows or the sunroof are open, but won't apply to people
[01:59.400 --> 02:01.020]  in top-down convertibles.
[02:01.020 --> 02:04.320]  The popular ECIGs are also exempt from the new regulation.
[02:04.320 --> 02:07.760]  Within the next year, Scottish lawmakers are expected to debate a similar measure, while
[02:07.760 --> 02:12.160]  in Northern Ireland, civil regulators said they want to see the results of all this before
[02:12.160 --> 02:19.160]  taking any measures themselves.
[02:19.160 --> 02:22.880]  A projected million unmanned aircraft systems, or drones as they were commonly known, could
[02:22.880 --> 02:26.400]  be given away as presents over the holiday season this year, according to what a Federal
[02:26.400 --> 02:30.800]  Aviation Administration official stated in a recent conference noted by Aviation Week.
[02:30.800 --> 02:34.780]  If you plan on getting a drone for yourself or family member, be sure to check out and
[02:34.780 --> 02:57.920]  share the basic guidelines on the FAA webpage.
[04:04.780 --> 04:24.800]  Okay, howdy, howdy, this is Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're
[04:24.800 --> 04:31.280]  here with our special guest today, Jeff Sedgwick, and we're going to have the phone lines open
[04:31.280 --> 04:32.280]  all night.
[04:32.280 --> 04:42.240]  So, if you have a question or comment, give us a call, 512-646-1984 on this Thursday,
[04:42.240 --> 04:49.280]  the first day of October, 2015.
[04:49.280 --> 04:59.160]  We were going to start by talking about a brief on trustees, and this, this brief is
[04:59.160 --> 05:07.040]  by the CBA, what is it, Jeff, Consumer Financial Protection Bureau.
[05:07.040 --> 05:08.040]  Right.
[05:08.040 --> 05:18.360]  They, they filed it in a case where a lender, I'm sorry, a borrower is claiming that Recon
[05:18.360 --> 05:26.360]  Trust Company, acting as a trustee for the trust, is a debt collector.
[05:26.360 --> 05:30.560]  And one part I didn't get to in the brief is, is how that makes much of a difference.
[05:30.560 --> 05:31.560]  Oh, yeah, I did.
[05:31.560 --> 05:32.560]  Okay.
[05:32.560 --> 05:41.440]  It makes a difference because he's claiming that the trustee in his debt collection activities
[05:41.440 --> 05:47.000]  claimed that the individual owed more than he felt he actually owed.
[05:47.000 --> 05:55.640]  So he, he called that deceptive and wanted to take an action under FDCPA.
[05:55.640 --> 06:00.000]  Can you give your, will you give your take on it?
[06:00.000 --> 06:07.920]  And then I'll address one particular concern I have with this argument.
[06:07.920 --> 06:19.960]  Well, what they're, basically what they're saying is, is that the trustee is in fact
[06:19.960 --> 06:27.040]  buying the functions that he performs a debt collector.
[06:27.040 --> 06:34.280]  One of the things they pointed out is that a lot of times in the case of repo men and
[06:34.280 --> 06:38.000]  other people who go out and collect assets, they don't necessarily send any kind of dunning
[06:38.000 --> 06:43.680]  letters or attempt to collect any funds from the first, from the debtor, they just go out
[06:43.680 --> 06:48.040]  and pick up, pick up the property and they are debt collectors and the same thing would
[06:48.040 --> 06:53.200]  be true of the trustee, he does not necessarily send out any kind of dunning letters saying
[06:53.200 --> 06:57.200]  demanding money, but he does go out and pick up the property and the performance of his
[06:57.200 --> 07:07.960]  duties to collect on a debt, a pledge security for the debt from the borrower.
[07:07.960 --> 07:15.600]  And California, of course, being the honorary folks that they are, said, no, no, that can't
[07:15.600 --> 07:16.600]  be.
[07:16.600 --> 07:24.520]  In the meantime, the 4th, 5th, 6th, 7th, 8th Circuit have all said that the trustee is
[07:24.520 --> 07:37.760]  in fact a debt collector and they brought in the Brand X case and the Chevron case in
[07:37.760 --> 07:43.440]  support, CFPB did bring it in in support of their arguments.
[07:43.440 --> 07:46.800]  Was there anything else you needed for me to bring forth on that?
[07:46.800 --> 07:55.360]  Here was my issue with the arguments under the, it has two main arguments, foreclosure
[07:55.360 --> 07:59.440]  trustees are debt collectors under DCPA.
[07:59.440 --> 08:03.520]  That's the first one and that's the one I want to address.
[08:03.520 --> 08:14.400]  In here they reference something in passing and I can't find exactly where they stated
[08:14.400 --> 08:15.400]  it.
[08:15.400 --> 08:33.000]  They said that there was an exception for a fiduciary enforcing a security instrument
[08:33.000 --> 08:41.200]  and they argued that the trustee didn't fall under that, that he really wasn't a trustee,
[08:41.200 --> 08:50.320]  that he was actually an agent for both parties.
[08:50.320 --> 08:53.200]  And that was kind of hard to swallow that.
[08:53.200 --> 08:56.200]  Not really, exception.
[08:56.200 --> 08:57.200]  Well.
[08:57.200 --> 08:59.200]  Not for me.
[08:59.200 --> 09:06.520]  Because I'm very, very familiar with trust and the functions of the trustee.
[09:06.520 --> 09:15.160]  How is a trustee in a non-judicial, on a non-judicial security instrument?
[09:15.160 --> 09:18.720]  It doesn't matter if it's judicial or non-judicial.
[09:18.720 --> 09:19.720]  It's a trust.
[09:19.720 --> 09:20.720]  Okay.
[09:20.720 --> 09:25.480]  Well, yeah it does because in a judicial it's not, there is no trustee.
[09:25.480 --> 09:26.480]  Well, wait a minute.
[09:26.480 --> 09:29.560]  It's not a trustee then is it?
[09:29.560 --> 09:30.560]  No, no.
[09:30.560 --> 09:31.560]  That's why I'm saying non-judicial.
[09:31.560 --> 09:33.680]  It doesn't matter if it's judicial or non-judicial.
[09:33.680 --> 09:34.680]  We're dealing with trust.
[09:34.680 --> 09:35.680]  Okay.
[09:35.680 --> 09:38.080]  I'm dealing with a trust here.
[09:38.080 --> 09:43.800]  And according to them, which they didn't go into in any detail, there's an exception for
[09:43.800 --> 09:47.600]  a trustee enforcing a security instrument.
[09:47.600 --> 10:00.120]  So the real question here and the argument they made is that in this instance, the trustee
[10:00.120 --> 10:13.060]  doesn't fall, the trustee as the term is used here, doesn't make him a trustee as the exclusion
[10:13.060 --> 10:20.160]  is designed to apply to, kind of like when they called MERS a nominee, is the way I got
[10:20.160 --> 10:21.160]  the argument.
[10:21.160 --> 10:28.880]  I think what you're basically saying is, is that they're making a distinction between
[10:28.880 --> 10:38.080]  a trustee that has an arm's length to the instrument versus one that does not.
[10:38.080 --> 10:47.640]  Their argument was, is that in this case, the person who's called a trustee owes no
[10:47.640 --> 10:54.120]  fiduciary duty to either party and therefore he's not a trustee.
[10:54.120 --> 11:04.200]  And they cited case law that said that the trustee in a non-judicial foreclosure is not
[11:04.200 --> 11:08.520]  a fiduciary to either party.
[11:08.520 --> 11:14.000]  So if he's not a fiduciary, they're saying that he's not a trustee in the normal sense
[11:14.000 --> 11:19.880]  of the term as we normally consider trustees, but actually because he doesn't have a fiduciary
[11:19.880 --> 11:31.120]  duty, then he is simply an agent for both parties and they just call him a trustee.
[11:31.120 --> 11:36.280]  But that didn't, I didn't like the strength of the argument.
[11:36.280 --> 11:37.280]  Okay.
[11:37.280 --> 11:41.200]  I thought it was kind of reaching.
[11:41.200 --> 11:52.800]  Well, insofar as I'm concerned, I don't see how Recon Trust could be considered a trustee
[11:52.800 --> 11:58.720]  because Recon Trust is owned by the creditor.
[11:58.720 --> 12:06.880]  There is no arm's length, there is no disinterested party.
[12:06.880 --> 12:12.960]  That's always been a question I had and there's another question I have concerning this.
[12:12.960 --> 12:18.840]  How does a trustee get paid in a non-judicial foreclosure?
[12:18.840 --> 12:28.640]  I just saw something today where the trustee in a particular non-judicial foreclosure received
[12:28.640 --> 12:30.720]  five points on sale.
[12:30.720 --> 12:31.720]  Right.
[12:31.720 --> 12:37.280]  That's what they usually get paid, they usually get a percentage of the sale.
[12:37.280 --> 12:49.320]  So that is a problem because he can't be a neutral party because if he sells the property
[12:49.320 --> 12:59.380]  to the benefit of the beneficiary, then the grantor of the trust is not equally represented
[12:59.380 --> 13:05.840]  because it's not in the trustee's economic best interest to do what's in the best interest
[13:05.840 --> 13:13.280]  of the grantor, only the beneficiary in selling the property.
[13:13.280 --> 13:22.920]  So he's motivated to sell the property rather than do what's right with the property.
[13:22.920 --> 13:27.520]  He can't be a fiduciary to both sides if he's weighted to one side.
[13:27.520 --> 13:32.520]  Well, they may not have made that particular argument but they did make that particular
[13:32.520 --> 13:35.440]  statement though, didn't they?
[13:35.440 --> 13:40.160]  They made the statement that he was not a fiduciary to either side.
[13:40.160 --> 13:48.920]  They didn't argue that he was biased toward the beneficiary but then the arguments they
[13:48.920 --> 13:56.000]  did make said that his primary duty was to the beneficiary.
[13:56.000 --> 14:03.600]  So that kind of dilutes the argument of the trustee being weighed toward the benefit of
[14:03.600 --> 14:11.960]  the beneficiary because that seemed to be what they argued anyway, that it should be
[14:11.960 --> 14:17.040]  weighed because his only real duty was to the beneficiary and not to the grantor.
[14:17.040 --> 14:23.880]  And isn't that normally the way a trust operates?
[14:23.880 --> 14:27.960]  I am so confused by what you just said, I can't answer it.
[14:27.960 --> 14:38.280]  The trustee holds the property for the benefit of the beneficiary, not the grantor.
[14:38.280 --> 14:47.160]  He holds the property for the benefit of the trust.
[14:47.160 --> 14:53.440]  In here they argued that he held the property for the benefit of the beneficiary and the
[14:53.440 --> 14:54.440]  trustee.
[14:54.440 --> 14:56.680]  You're right about that.
[14:56.680 --> 15:01.280]  He doesn't hold it for the benefit of the grantor.
[15:01.280 --> 15:10.560]  Once the grantor is granted the property to the trust, the trustee apparently has no fiduciary
[15:10.560 --> 15:11.560]  duty to him.
[15:11.560 --> 15:17.720]  Well, that's one of the difficulties you have with the deed of trust versus let's say a
[15:17.720 --> 15:22.440]  land trust or some other trust.
[15:22.440 --> 15:27.000]  And the trustee has a fiduciary obligation to do what's best for the trust.
[15:27.000 --> 15:33.480]  Well, understand, I want him to be a debt collector, so I'm on their side.
[15:33.480 --> 15:34.480]  I understand.
[15:34.480 --> 15:38.640]  When I read these I'm looking for how the other guy's going to try to bounce on their
[15:38.640 --> 15:39.640]  argument.
[15:39.640 --> 15:48.800]  We'll have to see what they do when that hearing comes up again.
[15:48.800 --> 15:55.440]  I don't know if you actually saw the recording, I can send you the link for the recording
[15:55.440 --> 16:12.520]  of the hearing on this particular case where the center seated judge posed the question,
[16:12.520 --> 16:19.040]  what about Brand X and he did that twice and then he said, what does the CFPB have to say
[16:19.040 --> 16:23.080]  about this?
[16:23.080 --> 16:29.400]  And I'm not all together convinced that the pleading that they put in is necessarily their
[16:29.400 --> 16:31.600]  best piece of work.
[16:31.600 --> 16:36.400]  So, Brand X and CD?
[16:36.400 --> 16:37.400]  CDs?
[16:37.400 --> 16:43.800]  No, you said there were two cases that-
[16:43.800 --> 16:44.800]  Chevron.
[16:44.800 --> 16:45.800]  Chevron, okay.
[16:45.800 --> 16:46.800]  Chevron.
[16:46.800 --> 16:47.800]  Chevron Deference.
[16:47.800 --> 16:48.800]  Okay.
[16:48.800 --> 16:49.800]  It's Chevron.
[16:49.800 --> 16:50.800]  It's Chevron.
[16:50.800 --> 16:55.800]  It's kind of something company, but the theory of law is Chevron Deference.
[16:55.800 --> 16:56.800]  Oh, that-
[16:56.800 --> 17:00.680]  Theory of law that came out of them.
[17:00.680 --> 17:06.680]  Through advances in technology our lives have greatly improved, except in the area of nutrition.
[17:06.680 --> 17:11.440]  People feed their pets better than they feed themselves and it's time we changed all that.
[17:11.440 --> 17:17.120]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.120 --> 17:23.480]  In a world where natural foods have been irradiated, adulterated, and mutilated, young Jevity can
[17:23.480 --> 17:25.720]  provide the nutrients you need.
[17:25.720 --> 17:30.560]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.560 --> 17:31.680]  we reject.
[17:31.680 --> 17:36.940]  We have come to trust young Jevity so much, we became a marketing distributor along with
[17:36.940 --> 17:39.800]  Alex Jones, Ben Fuchs, and many others.
[17:39.800 --> 17:46.160]  When you order from LogosRadioNetwork.com, your health will improve as you help support
[17:46.160 --> 17:47.160]  quality radio.
[17:47.160 --> 17:51.720]  As you realize the benefits of young Jevity, you may want to join us.
[17:51.720 --> 17:57.280]  As a distributor, you can experience improved health, help your friends and family, and
[17:57.280 --> 17:59.240]  increase your income.
[17:59.240 --> 18:00.240]  Order now.
[18:00.240 --> 18:06.920]  Non-GMOsolutions.com is now a proud sponsor of the Logos Radio Network with promo code
[18:06.920 --> 18:07.920]  LOGOS.
[18:07.920 --> 18:12.520]  We thank you for the opportunity to be your source for new man of foods, the leader in
[18:12.520 --> 18:15.480]  high quality food that you will truly enjoy.
[18:15.480 --> 18:20.960]  You'll find gluten-free options and all products are free from high fructose corn syrup, aspartame,
[18:20.960 --> 18:21.960]  soy, and MSG.
[18:21.960 --> 18:27.320]  Whether you're on a tight budget, looking for options to reduce food costs without compromising
[18:27.320 --> 18:34.120]  health or securing long-term 25-year storable food for an uncertain future, then Non-GMOsolutions.com
[18:34.120 --> 18:35.680]  is your common sense answer.
[18:35.680 --> 18:39.520]  Take advantage of a 10% discount with promo code LOGOS.
[18:39.520 --> 18:44.400]  No longer will you compromise taste and quality for full-term shelf life or eat poor quality
[18:44.400 --> 18:45.400]  food due to cost.
[18:45.400 --> 18:50.400]  Check out our flex pay options and design a no-contract plan to satisfy your needs.
[18:50.400 --> 18:56.120]  Go to Non-GMOsolutions.com today and get 10% off with promo code LOGOS.
[18:56.120 --> 18:59.760]  That's Non-GMOsolutions.com with promo code LOGOS.
[18:59.760 --> 19:23.920]  You are listening to the LOGOS Radio Network, the LogosRadioNetwork.com Okay, we are back.
[19:23.920 --> 19:28.000]  Randy Kelton, Deborah Stevens, Root of Our Radio, here with Jeff Sedgwick.
[19:28.000 --> 19:35.360]  And Jeff, on the break, we were discussing the benefit of having the trustee as a debt
[19:35.360 --> 19:36.360]  collector.
[19:36.360 --> 19:37.360]  Benefit?
[19:37.360 --> 19:46.680]  Well, there's good- Oh, yes, okay, I got it.
[19:46.680 --> 19:51.280]  The benefit to us being able to sue him.
[19:51.280 --> 19:52.280]  Exactly.
[19:52.280 --> 20:00.560]  I have a question for everybody listening, anybody who uses Skype.
[20:00.560 --> 20:10.840]  I keep getting these messages, new video message received, play at www.somethingorother.
[20:10.840 --> 20:16.520]  And I will never ever open one of those because I don't know where it comes from.
[20:16.520 --> 20:23.040]  If anybody else gets those and you know what they might be, let me know because they get
[20:23.040 --> 20:24.760]  real frustrating.
[20:24.760 --> 20:29.200]  Okay, back to where we were then.
[20:29.200 --> 20:36.960]  If we can get the, you know, the thing I thought about is if I can get the trustee declared
[20:36.960 --> 20:43.800]  a debt collector, say I have someone we're trying to help and we just got him this week.
[20:43.800 --> 20:44.800]  I don't have any information.
[20:44.800 --> 20:47.040]  The only thing I've got is a deed of trust.
[20:47.040 --> 20:48.600]  I don't have a HUD one.
[20:48.600 --> 20:50.200]  I don't have a note.
[20:50.200 --> 20:57.280]  So I can't make a false fees allegation because I don't have any numbers.
[20:57.280 --> 21:05.760]  But if the trustee is a debt collector, I hit him with a debt validation letter.
[21:05.760 --> 21:08.280]  You hit everybody with a debt validation letter.
[21:08.280 --> 21:14.960]  Well, it doesn't incur an obligation unless they're a white person.
[21:14.960 --> 21:15.960]  Well, if he's a debt collector.
[21:15.960 --> 21:18.960]  There's no obligation.
[21:18.960 --> 21:22.600]  They do not have to respond to that.
[21:22.600 --> 21:28.720]  But there are consequences if they don't, statutory estoppel.
[21:28.720 --> 21:35.120]  Well, I understand that he has an obligation if he intends to pursue.
[21:35.120 --> 21:36.240]  Right.
[21:36.240 --> 21:38.160]  So this is a stopper.
[21:38.160 --> 21:42.080]  I could throw a debt validation letter at him and throw the brakes on him.
[21:42.080 --> 21:43.560]  I think I may be able to do that.
[21:43.560 --> 21:46.280]  I'll do that anyway just to see what he does.
[21:46.280 --> 21:47.280]  Right.
[21:47.280 --> 21:52.240]  Matter of fact, that's what David and I decided to do anyway.
[21:52.240 --> 21:56.960]  Generally, if you have a foreclosure coming up and it's the first time they've brought
[21:56.960 --> 22:03.640]  it up for foreclosure, if you give any indication that you intend to resist it, they'll pull
[22:03.640 --> 22:07.240]  it immediately.
[22:07.240 --> 22:12.200]  They'll almost never foreclose the first time if you indicate any kind of opposition.
[22:12.200 --> 22:13.200]  Yeah.
[22:13.200 --> 22:17.840]  They'll throw it out some place like Ockman or Green Tree, which is now what, Deckbeck
[22:17.840 --> 22:20.040]  or something like that?
[22:20.040 --> 22:21.040]  Yeah.
[22:21.040 --> 22:27.440]  Well, generally, once they know you're going to get some kind of resistance, then they
[22:27.440 --> 22:31.840]  back up and do some kind of evaluation of what they're doing.
[22:31.840 --> 22:32.840]  Chicken dance.
[22:32.840 --> 22:34.640]  Yeah, a little chicken dance.
[22:34.640 --> 22:40.480]  It'll generally be two or three months before they put it back.
[22:40.480 --> 22:45.080]  That's just been what we've seen and it doesn't seem to make any difference what we throw
[22:45.080 --> 22:46.080]  at them.
[22:46.080 --> 22:52.800]  I came across a company that was charging people $500 to stop their foreclosure.
[22:52.800 --> 22:58.280]  What they did was they sent a cease and desist letter to the trustee.
[22:58.280 --> 23:02.840]  When he got that, he had pulled it from this sale immediately until he had the time to
[23:02.840 --> 23:11.000]  check his facts, but once he checked his facts, next month, he'd be right back on.
[23:11.000 --> 23:14.960]  The point is, if you have one coming up and you don't have any other way to stop it and
[23:14.960 --> 23:22.800]  it's early in the process, just send them something, a cease and desist letter, a claim,
[23:22.800 --> 23:26.400]  any kind of claim, a qualified written request if you've got numbers.
[23:26.400 --> 23:30.480]  I couldn't send the qualified written request because I didn't have any numbers to write
[23:30.480 --> 23:31.480]  them.
[23:31.480 --> 23:36.960]  If you've got a request, you got to tell them they made a mistake on their billing.
[23:36.960 --> 23:42.120]  Something's wrong with what they charged you and you guys need to fix it.
[23:42.120 --> 23:48.720]  Once they get that, then they're forbidden to do any more collections until they correct
[23:48.720 --> 23:52.280]  the error or mis-address you.
[23:52.280 --> 23:56.200]  Let's take that just a little bit further.
[23:56.200 --> 23:59.640]  That's the only thing you can do in a QWR.
[23:59.640 --> 24:04.560]  You can't demand this document, that document, or the other document, you put all that stuff
[24:04.560 --> 24:05.560]  in there.
[24:05.560 --> 24:11.200]  It's not a qualified QWR and they can ignore it.
[24:11.200 --> 24:15.920]  You can ask for anything you want to, but when they ignore it, don't get upset at them
[24:15.920 --> 24:19.280]  because they don't have to pay attention to that.
[24:19.280 --> 24:27.440]  A lot of times, they'll send a response saying that this is not proper for a qualified written
[24:27.440 --> 24:31.160]  request, so we won't respond.
[24:31.160 --> 24:36.640]  But a dispute and demand for validation, you can do that in two sentences.
[24:36.640 --> 24:39.960]  Yeah, that doesn't take much.
[24:39.960 --> 24:43.360]  That's what we did because we didn't have anything else to work with.
[24:43.360 --> 24:48.920]  You send a certified return receipt so you know that they got it.
[24:48.920 --> 24:55.680]  Always send it regular mail and certified return receipt.
[24:55.680 --> 25:02.360]  The courts, they trust the post office and they'll say, well, maybe the post office did
[25:02.360 --> 25:06.520]  screw up once, but not twice.
[25:06.520 --> 25:11.120]  That's why a lot of times when you get legal documents, you almost always get them one
[25:11.120 --> 25:14.160]  regular, one certified.
[25:14.160 --> 25:16.240]  So it is good practice.
[25:16.240 --> 25:17.240]  Indeed.
[25:17.240 --> 25:28.400]  But you basically at that point have lined the trustee up for violations under the FDCPA.
[25:28.400 --> 25:32.560]  That was the good part about him being a debt collector.
[25:32.560 --> 25:43.040]  A trustee is immune from suit for selling a property at a trustee's sale so long as
[25:43.040 --> 25:46.480]  he acts in good faith.
[25:46.480 --> 25:51.440]  That's why you send the trustee just about anything.
[25:51.440 --> 25:57.440]  And the first time around, he's going to run backwards really fast because if he has
[25:57.440 --> 26:05.120]  notice of something and he moves ahead anyway, he's subject to suit because he can't claim
[26:05.120 --> 26:06.680]  good faith if he had notice.
[26:06.680 --> 26:11.280]  So he's going to stop and make sure he's on good legal ground.
[26:11.280 --> 26:15.800]  So anyway, that was just a little tidbit if you're really close to the sale and you can't
[26:15.800 --> 26:17.960]  do anything else to stop it.
[26:17.960 --> 26:22.240]  And if you're too late to send them a letter, just get you a red folder, put you a bunch
[26:22.240 --> 26:27.120]  of papers in it, go down to the sale and when they call your property, you hold up that
[26:27.120 --> 26:34.880]  red folder and say, there's a claim against the property, buy the property, buy the claim.
[26:34.880 --> 26:35.880]  That works every time.
[26:35.880 --> 26:40.600]  You got to be a little careful with that one.
[26:40.600 --> 26:44.520]  Well, what would be the issue?
[26:44.520 --> 26:47.400]  They'd sue you for chilling the sale.
[26:47.400 --> 26:48.400]  Good luck on that.
[26:48.400 --> 26:52.040]  It doesn't matter who needs to see the attorney's face.
[26:52.040 --> 26:55.720]  All I have to do is have a claim.
[26:55.720 --> 26:56.720]  I don't have to have it filed.
[26:56.720 --> 26:57.720]  It doesn't matter.
[26:57.720 --> 26:58.720]  It does.
[26:58.720 --> 26:59.720]  If you...
[26:59.720 --> 27:11.800]  Texas law says that if you have a claim, even if it's not filed, a less pendent nevertheless
[27:11.800 --> 27:14.080]  exists in Texas law.
[27:14.080 --> 27:15.080]  Okay.
[27:15.080 --> 27:19.400]  Just be careful with it and see what the rules are in your state.
[27:19.400 --> 27:30.400]  Well, that's a last ditch desperate effort, but even so, they couldn't sue you.
[27:30.400 --> 27:35.120]  They could still bid on the property if they wanted to and stop you.
[27:35.120 --> 27:41.120]  If none of the people there dare bid on the property, it's a claim that you chilled the
[27:41.120 --> 27:42.120]  sale.
[27:42.120 --> 27:47.680]  Okay, in the real world, they would have to show that they would have won the property
[27:47.680 --> 27:48.680]  in the bid process.
[27:48.680 --> 27:49.680]  It'd be impossible.
[27:49.680 --> 27:50.680]  No, no, no.
[27:50.680 --> 27:51.680]  You don't understand.
[27:51.680 --> 27:56.040]  The trustee would sue you for chilling the sale.
[27:56.040 --> 27:57.960]  Trustee doesn't have standing to sue me.
[27:57.960 --> 27:59.720]  Yeah, he does.
[27:59.720 --> 28:00.720]  He doesn't.
[28:00.720 --> 28:07.520]  If he's a trustee, he don't have any standing other than to offer the property for sale.
[28:07.520 --> 28:09.640]  He can't have a real dog in that hunt.
[28:09.640 --> 28:15.240]  He can't bring a controversy.
[28:15.240 --> 28:24.560]  This is... The more suits I get into, the more I do, especially coming at this from
[28:24.560 --> 28:30.440]  a pro se side, I deal more in the reality.
[28:30.440 --> 28:35.080]  The reality is, if you sue the courts, they're going to rule against you just about out of
[28:35.080 --> 28:37.600]  hand at every turn.
[28:37.600 --> 28:45.640]  If there is any possible way they can construe evidence for the guys with deep pockets that
[28:45.640 --> 28:51.040]  contribute a lot to the political funds and to the reelection campaigns, they're going
[28:51.040 --> 28:54.440]  to do that.
[28:54.440 --> 29:03.600]  The problem with us guys is coming after us cost them a lot of money.
[29:03.600 --> 29:06.880]  And suits that we file cost them a lot of money.
[29:06.880 --> 29:13.120]  If we go in there expecting to file a suit and expecting to win our case, it's possible
[29:13.120 --> 29:19.280]  you'll win your case because it will be a struggle and it'll be a long struggle.
[29:19.280 --> 29:27.600]  So I always advocate that you design your claim for the long haul, but consider your
[29:27.600 --> 29:33.520]  claim as a tool to bring you a deal you can live with.
[29:33.520 --> 29:43.000]  From that perspective, I can make claims that I can say, well, you know, it's not likely
[29:43.000 --> 29:44.200]  I'll win this one.
[29:44.200 --> 29:45.200]  So what?
[29:45.200 --> 29:53.200]  Don't keep me from bringing it up and waving it in front of the other side and let them
[29:53.200 --> 29:57.320]  do a calculation on how much it's going to cost them to fight that.
[29:57.320 --> 29:58.320]  Hang on.
[29:58.320 --> 30:01.320]  Beat it back.
[30:01.320 --> 30:03.840]  Hmm, chocolate.
[30:03.840 --> 30:08.920]  It's decadent and delicious and small amounts can be good for your health, but now chocoholics
[30:08.920 --> 30:12.560]  may have an even better excuse to indulge improved math skills.
[30:12.560 --> 30:16.840]  I'm Dr. Catherine Albrecht and I'll have the sweet scoop in a moment.
[30:16.840 --> 30:18.560]  Privacy is under attack.
[30:18.560 --> 30:22.160]  When you give up data about yourself, you'll never get it back again.
[30:22.160 --> 30:27.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.160 --> 30:32.400]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.400 --> 30:34.920]  Privacy, it's worth hanging on to.
[30:34.920 --> 30:40.520]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.520 --> 30:42.280]  Yahoo and Bing.
[30:42.280 --> 30:46.040]  Start over with StartPage.
[30:46.040 --> 30:47.640]  Chocolate isn't just a sweet treat.
[30:47.640 --> 30:51.560]  In small amounts, it has anti-cancer properties and keeps the heart healthy.
[30:51.560 --> 30:56.720]  But a new study shows that eating chocolate may also make mental arithmetic easier and
[30:56.720 --> 30:59.600]  keep the brain from getting tired when you're doing it.
[30:59.600 --> 31:04.360]  Volunteers were asked to count backwards by threes from a random number between 800 and
[31:04.360 --> 31:05.360]  a thousand, egads.
[31:05.360 --> 31:10.520]  Then they drank hot chocolate with large amounts of flavonols, compounds that increase blood
[31:10.520 --> 31:11.520]  flow to the brain.
[31:11.520 --> 31:16.400]  After drinking it, they calculated more quickly and accurately and they didn't feel as mentally
[31:16.400 --> 31:17.400]  drained.
[31:17.400 --> 31:18.400]  The catch?
[31:18.400 --> 31:22.920]  To get that same amount of flavonols, you'd have to eat a gut-busting five chocolate bars.
[31:22.920 --> 31:23.920]  Go figure.
[31:23.920 --> 31:31.680]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.680 --> 31:36.080]  Did you know there are three million edible food plants on earth and none have the nutritional
[31:36.080 --> 31:37.760]  value of the hemp plant?
[31:37.760 --> 31:40.320]  HempUSA.org offers you hemp protein powder.
[31:40.320 --> 31:46.200]  It does not contain chemicals or THC, is non-GMO and is 100% gluten free.
[31:46.200 --> 31:51.360]  Hemp protein powder burns fat, builds muscle, contains 53% protein and feeds the body the
[31:51.360 --> 31:52.800]  nutrients it needs.
[31:52.800 --> 32:00.760]  Call 888-910-4367 and see what our powder, seeds and oil can do for you, only at HempUSA.org.
[32:00.760 --> 32:06.080]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.080 --> 32:09.880]  In today's America, we live in an us-against-them society and if we the people are ever going
[32:09.880 --> 32:13.840]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.840 --> 32:17.040]  Among those rights are the right to travel freely from place to place, the right to act
[32:17.040 --> 32:21.080]  in our own private capacity and most importantly, the right to due process of law.
[32:21.080 --> 32:25.360]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:25.360 --> 32:26.360]  through due process.
[32:26.360 --> 32:29.920]  Former Sheriff's Deputy, Eddie Craig, in conjunction with Rule of Law Radio has put
[32:29.920 --> 32:33.480]  together the most comprehensive teaching tool available that will help you understand what
[32:33.480 --> 32:36.480]  due process is and how to hold the courts to the rule of law.
[32:36.480 --> 32:40.480]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:40.480 --> 32:41.800]  ordering your copy today.
[32:41.800 --> 32:45.320]  By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law
[32:45.320 --> 32:50.000]  Versus the Lie, video and audio of the original 2009 seminar, hundreds of research documents
[32:50.000 --> 32:51.880]  and other useful resource material.
[32:51.880 --> 32:55.840]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.840 --> 33:03.520]  Order your copy today and together we can have the free society we all want and deserve.
[33:03.520 --> 33:07.120]  Live free speech radio, logosradionetwork.com.
[33:07.120 --> 33:28.000]  Yeah, Mr. Office, I've been taking the line to hand, won't you follow the law of the land?
[33:28.000 --> 33:57.480]  Okay, we are back, Randy Kelton, Debra Stevens, Rule of Law Radio, and I'm going to be speaking
[33:57.480 --> 34:00.040]  to you through the rule of law radio here with Jeff Cedric and we're going to go to
[34:00.040 --> 34:01.040]  the calls.
[34:01.040 --> 34:06.840]  We've had some callers on since the beginning and don't want to leave them hanging too long.
[34:06.840 --> 34:11.760]  Andrew in Pennsylvania, Andrew, what do you have for us tonight?
[34:11.760 --> 34:16.680]  Well Randy, I need to ask for a little assistance and I will definitely be calling into Eddie
[34:16.680 --> 34:19.160]  Craig's show on Monday if he's on the air to talk about this.
[34:19.160 --> 34:24.520]  I went to Arizona to participate from my home in Pennsylvania, flew to Arizona to participate
[34:24.520 --> 34:28.840]  in a spiritual ceremony that was going to happen during the lunar eclipse that we just
[34:28.840 --> 34:34.600]  had and things just turned for the worse when I was on Loop 202 in the Phoenix area.
[34:34.600 --> 34:41.160]  I got pulled over by an officer in my rental car and I read it from Alno and I was using
[34:41.160 --> 34:46.520]  Eddie Craig's traffic stop script and the officer had absolutely no idea what I was
[34:46.520 --> 34:50.520]  talking about when I said for the record I am not operating in a four-hire capacity
[34:50.520 --> 34:54.040]  by engaging in any form of transportation or other commercial use of highways.
[34:54.040 --> 34:58.400]  I was hoping he would just acknowledge that he had been so informed like I have been too
[34:58.400 --> 34:59.400]  but he didn't.
[34:59.400 --> 35:02.520]  He started getting an attitude and threatened to arrest me at which point I said do to your
[35:02.520 --> 35:06.360]  attitude demeanor and your continuous responsible for my charges I feel in fear for my life.
[35:06.360 --> 35:09.720]  Please cease and desist from requesting me to present with a supervisor just like it
[35:09.720 --> 35:10.720]  says in Eddie Craig's script.
[35:10.720 --> 35:13.040]  Well at that point things took a turn for the worse.
[35:13.040 --> 35:16.880]  The officer grabbed me out of the car, handcuffed me, kidnapped me, committed on robbery by
[35:16.880 --> 35:20.160]  towing the rental car and everything in it, all my airline stuff.
[35:20.160 --> 35:27.400]  I spent 30 hours in an Arizona jail and right now I am facing a seating 85 miles per hour
[35:27.400 --> 35:31.720]  over the speed limit which is a commercial transportation crime because I wasn't in commerce
[35:31.720 --> 35:35.800]  because I wasn't using the rental car for commercial purposes and also failure to show
[35:35.800 --> 35:41.080]  driver's license or ID which is absurd because there is no law saying that you have to carry
[35:41.080 --> 35:42.080]  an ID card.
[35:42.080 --> 35:45.320]  I wasn't even driving so driver's license I would think I would be able to object to
[35:45.320 --> 35:49.760]  that and also I mean I told the officer I don't have to give you anything because you
[35:49.760 --> 35:53.600]  arrested me unlawfully but just if you did arrest me unlawfully all I have to give you
[35:53.600 --> 35:57.800]  is my name, date of birth and address and I gave him that but he continued to play stupid
[35:57.800 --> 36:03.360]  and said well how do I know you're telling the truth and well he took me to the prison
[36:03.360 --> 36:07.640]  to the jail excuse me this happened in Maricopa County the same county that Sheriff Joe Arpaio
[36:07.640 --> 36:13.920]  who brought Obama H.F.O. birth certificate and all and so 30 hours in jail and all due
[36:13.920 --> 36:19.320]  process rights violated at every turn so I mean I know what I have to do to fight this
[36:19.320 --> 36:25.160]  I'm using Eddie Craig's process of objecting to the commercial terms and also failing to
[36:25.160 --> 36:29.080]  do a driver's license or ID I mean simple question is there any law saying you must
[36:29.080 --> 36:33.760]  carry a driver's license or ID well the obvious answer is no and I'd be like okay so how can
[36:33.760 --> 36:37.960]  I be charged with this well there's a couple of issues with this well the incident happened
[36:37.960 --> 36:43.440]  2,000 miles from my home in Arizona and the last thing I want to do is have to be well
[36:43.440 --> 36:47.800]  I don't have enough money to do this is ask one of my relatives to buy me a flight to
[36:47.800 --> 36:55.680]  Arizona because the trial is next Tuesday the 6th of October at 1.30 in the afternoon
[36:55.680 --> 37:00.320]  and I can't possibly go to Arizona there's got to be some way for me to either postpone
[37:00.320 --> 37:06.480]  this or at best have it held in a Pennsylvania courtroom and I also want to sue the police
[37:06.480 --> 37:09.960]  of course because I didn't get it on film I didn't get the officer on film but I got
[37:09.960 --> 37:15.360]  me in my car reciting everything in Eddie's script on film and the camera stops filming
[37:15.360 --> 37:18.640]  as soon as the officer grabbed me out of the car at which point the camera stopped the
[37:18.640 --> 37:23.680]  officer told me he did not have a recording being made of the encounter when I asked him
[37:23.680 --> 37:28.680]  that which shows that he was not really doing his job and if there's a way to obtain a dashcam
[37:28.680 --> 37:33.880]  video of his car or any of the other cops who came up that would be great so now that
[37:33.880 --> 37:38.840]  I've told you the gist of what happened what options do I have and if you don't know anything
[37:38.840 --> 37:43.280]  about Arizona and also Pennsylvania law for that matter maybe enlighten me on both parts
[37:43.280 --> 37:48.080]  of the Arizona and Pennsylvania laws I would need to study to get this taken care of I'm
[37:48.080 --> 37:53.480]  going to be taking notes and since you're in Pennsylvania and you got to take it in
[37:53.480 --> 38:02.000]  Arizona file a federal due process violation and snatch them up into the federal court
[38:02.000 --> 38:09.560]  okay let me get that down federal due process I apologize to all the callers who don't appreciate
[38:09.560 --> 38:14.640]  me taking notes but if I don't take notes I may have to wait until this is archived
[38:14.640 --> 38:20.240]  and that may not be until after the 6th so federal due process violation what and just
[38:20.240 --> 38:27.040]  file a federal suit in Pennsylvania and file a removal in the traffic case that's going
[38:27.040 --> 38:32.840]  to buy you some breathing room and it might buy you some leverage to make some kind of
[38:32.840 --> 38:41.200]  deal to keep them having to go back clear your liberty first okay so file the federal
[38:41.200 --> 38:47.720]  due process wait wait wait Randy yes isn't he going to have to remove that from the state
[38:47.720 --> 38:54.280]  court to the federal court in Arizona and then move it to Pennsylvania not if he if
[38:54.280 --> 39:01.640]  he files a federal suit in the Pennsylvania then he can remove this to Pennsylvania you
[39:01.640 --> 39:09.840]  sure about that I'm pretty sure and what would be the statutory basis for filing a suit in
[39:09.840 --> 39:23.360]  federal court because he's a oh the due process statutory basis due process violation what
[39:23.360 --> 39:30.480]  statute can he cite okay I'll have to go look it up no I'm just not for you to go look
[39:30.480 --> 39:40.640]  it up wait hold on which statute this is not a statutory claim this is a then how are you
[39:40.640 --> 39:47.440]  going to claim it to be a federal issue a tort claim how do you claim it to be a federal
[39:47.440 --> 39:58.200]  issue violation of your constitutional right to due process Andrew did the officer take
[39:58.200 --> 40:05.560]  you directly to the nearest magistrate yes he didn't even read me my Miranda rights
[40:05.560 --> 40:09.480]  and as he was driving off I told him for the record transporting me from the scene of kidnapping
[40:09.480 --> 40:15.240]  and okay you didn't answer my I don't think you answered my question did the officer take
[40:15.240 --> 40:23.720]  you directly to the nearest magistrate no he did not he took him to the jail that's
[40:23.720 --> 40:34.000]  the due process violation you need cite Gerstein Pugh okay go on Jurisimprudence.com and first
[40:34.000 --> 40:43.160]  frog on your left is a habeas corpus and it walks right down due process on arrest it's
[40:43.160 --> 40:49.800]  a federal due process violation it's harm per se you can file it straight in the federal
[40:49.800 --> 40:58.320]  court and then because it involves this citation you can join the traffic case issue to the
[40:58.320 --> 41:05.640]  federal suit and pull it up into the fence okay thanks but you're going to tell me how
[41:05.640 --> 41:20.120]  to spell Jurisimprudence j-u-r-i-s-imprudence i-m-p-r-u-d-e-n-c-e.com okay you may not have
[41:20.120 --> 41:29.960]  heard that last e it's c-e yeah it's kind of ran together c-e-n-c-e I'm having some
[41:29.960 --> 41:39.720]  microphone issues today but i'm real uncomfortable you might want to reserve these challenges
[41:39.720 --> 41:49.280]  for your home state he's already stuck with the Arizona case i'm not i'm not trying to
[41:49.280 --> 41:56.600]  give him something he can absolutely win this is all about making a deal i'm going to suggest
[41:56.600 --> 42:00.840]  that you get this in the federal court and then you get these guys to make you some kind
[42:00.840 --> 42:05.440]  of deal you can live with to get this to go away and if you want to have this right to
[42:05.440 --> 42:13.400]  travel fight have it at home right fight don't you don't need you don't need to win try to
[42:13.400 --> 42:19.280]  win this case you don't need to fight for every right you have because it's too far
[42:19.280 --> 42:25.680]  away that they will make it impossible i mean it's like dating a girl out in Arizona she's
[42:25.680 --> 42:37.320]  what's known as g-u-d geographically undesirable yeah but yeah so make this go away and a suggestion
[42:37.320 --> 42:48.440]  yeah i don't like to cross with eddie but i have a real problem with racing and getting
[42:48.440 --> 43:01.120]  at odds with an officer on the street because they will live like dogs they will do any
[43:01.120 --> 43:07.080]  thing they want to and they will be covered by their bosses one of the things i was going
[43:07.080 --> 43:18.600]  to get to today was lakeside texas they are so incredibly outrageous you almost won't
[43:18.600 --> 43:28.280]  believe it but these courts are absolutely totally out of control and they're doing things
[43:28.280 --> 43:36.760]  that are so incredibly stupid you won't believe it good chance a couple of judges and prosecutors
[43:36.760 --> 43:44.360]  and police officers good chance they'll go to prison before this is done but when they're
[43:44.360 --> 43:49.120]  dealing with somebody out of state it's even worse they do anything they want to and they
[43:49.120 --> 44:02.440]  know it till you jerk them out to the federal courts take that habeas that's in the record
[44:02.440 --> 44:07.320]  hello my name is steward smith from natures pure organics.com and i would like to invite
[44:07.320 --> 44:12.800]  you to come by our store at 1904 guadalupe street sweet d here in austin texas i'm brave
[44:12.800 --> 44:16.760]  new books and chasing to see all our fantastic health and wellness products with your very
[44:16.760 --> 44:21.560]  own eyes have a look at our miracle healing clay that started our adventure in alternative
[44:21.560 --> 44:25.760]  medicine take a peek at some of our other wonderful products including our Australian
[44:25.760 --> 44:34.200]  emu oil lotion candles olive oil soaps and colloidal silver and gold call 512-264-4043
[44:34.200 --> 44:43.040]  or find us online at natures pure organics.com that's 512-264-4043 natures pure organics.com
[44:43.040 --> 45:01.320]  don't forget to like us on facebook for information on events and our products natures pure organics.com
[45:01.320 --> 45:06.680]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with Juris
[45:06.680 --> 45:13.280]  Dictionary the affordable easy to understand for cd course that will show you how in 24
[45:13.280 --> 45:19.960]  hours step by step if you have a lawyer know what your lawyer should be doing if you don't
[45:19.960 --> 45:24.920]  have a lawyer know what you should do for yourself thousands have won with our step
[45:24.920 --> 45:32.320]  by step course and now you can too Juris Dictionary was created by a licensed attorney with 22
[45:32.320 --> 45:37.800]  years of case winning experience even if you're not in a lawsuit you can learn what everyone
[45:37.800 --> 45:43.560]  should understand about the principles and practices that control our American courts
[45:43.560 --> 45:51.240]  you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics
[45:51.240 --> 45:57.640]  and much more please visit ruleoflawradio.com and click on the banner or call toll free
[45:57.640 --> 46:04.640]  866-LAW-EZ
[46:27.640 --> 46:54.400]  okay we are back Randy Kelton Debra Stevens rule of law radio and okay I was wrong I'm
[46:54.400 --> 47:02.440]  the guy I was wrong once and I'll change if I have to Debra is going to come on and
[47:02.440 --> 47:16.520]  explain what I didn't really know how to explain about a script because I unintentionally
[47:16.520 --> 47:22.400]  disparaged Eddie because of my lack of knowledge Debra will you explain what that is really
[47:22.400 --> 47:28.640]  about what the problem here yes yes I will hold on hold on one second caller I'm I've
[47:28.640 --> 47:36.200]  been asked to explain something here I produce Eddie's show on a weekly basis all right and
[47:36.200 --> 47:41.880]  I've attended his class I know people who attend his class and I've been listening
[47:41.880 --> 47:49.680]  to Eddie for years I've been producing his show for years I've edited the sound on the
[47:49.680 --> 47:54.160]  traffic seminar that we have for sale here on the Logos Radio Network website and the
[47:54.160 --> 48:01.280]  rule of law radio website and there has been there has been some confusion over the years
[48:01.280 --> 48:06.880]  regarding Eddie's script and I think it's because a lot of time people are not paying
[48:06.880 --> 48:12.800]  attention and I'm not accusing the caller of anything but I do want to make it clear
[48:12.800 --> 48:18.840]  that Eddie's prime directive when when you're on the side of the road and he'll say this
[48:18.840 --> 48:22.000]  all the time he says it almost every week when you're on the side of the road with a
[48:22.000 --> 48:31.000]  cop there are three rules number one shut up number two shut up number three keep shutting
[48:31.000 --> 48:38.240]  up okay and number four do not try to school the officer or teach him anything don't try
[48:38.240 --> 48:44.600]  to school the officer on the side of the road and the script is a general guideline it is
[48:44.600 --> 48:51.880]  not written in stone it is not you know quotes that you're supposed to read like an actor
[48:51.880 --> 48:58.080]  reading from their lines okay this is a general guideline you are supposed to follow it to
[48:58.080 --> 49:06.240]  the best of your ability but he instructs everyone to suss out the situation okay and
[49:06.240 --> 49:14.480]  to preserve your liberty no matter what okay even when it comes to things like Eddie recommends
[49:14.480 --> 49:19.880]  don't roll the window down more than an inch and a half okay just barely enough for the
[49:19.880 --> 49:25.120]  cop to slide a ticket and a pen through the window for you to sign the ticket okay now
[49:25.120 --> 49:28.760]  of course most of the time they're going to want you to roll it down halfway or whatever
[49:28.760 --> 49:35.200]  and the reason that they do that especially in Texas and this has been actually admitted
[49:35.200 --> 49:42.080]  that officers cops are under instruction under orders to try to turn every traffic stock
[49:42.080 --> 49:49.240]  into a DUI okay and a search of the car and often they'll plant drugs on you if you concede
[49:49.240 --> 49:54.120]  to that kind of thing okay they want to turn every single traffic stop in the state of
[49:54.120 --> 49:58.520]  Texas into a DUI and so what they want you to do is they want you to roll the window
[49:58.520 --> 50:02.520]  halfway down so that they can lie and say that they smelled alcohol or they smelled
[50:02.520 --> 50:08.000]  pot or whatever okay and so for that reason Eddie tells people do not roll down the window
[50:08.000 --> 50:11.800]  more than an inch and a half just barely enough for them to slide the paper and the pen through
[50:11.800 --> 50:19.600]  well that works a lot of the time a lot of the time it doesn't work sometimes the officer
[50:19.600 --> 50:25.320]  will threaten to kick in the window break the window and drag you out and there have
[50:25.320 --> 50:30.080]  been cases of Eddie's students they will stand their ground to the last minute and say no
[50:30.080 --> 50:33.440]  I am not going to roll down the window no I'm not going to roll down the window officer
[50:33.440 --> 50:38.400]  are you trying to set me up for a false DUI and the officer will scream and get red in
[50:38.400 --> 50:42.480]  the face and then finally at the last minute the officer will back down and just slip the
[50:42.480 --> 50:47.160]  paper through other times it gets to the point where no the officer is serious he starts
[50:47.160 --> 50:52.080]  to bring out the sledgehammer or whatever instrument that he plans to use on smashing
[50:52.080 --> 50:58.960]  your window and so then you have a choice you can either back down and say okay fine
[50:58.960 --> 51:03.760]  fine I'll roll down the window okay in which case you really wouldn't have a lawsuit over
[51:03.760 --> 51:08.720]  the issue or you can if you can afford a new window and you can afford to be taken off
[51:08.720 --> 51:13.240]  to jail and and do all the legwork and the time that it will take to sue the cop in the
[51:13.240 --> 51:18.960]  city and and and the department and everything after the fact well then you can take that
[51:18.960 --> 51:25.080]  choice as well but the choice is up to you at any particular given time how you're going
[51:25.080 --> 51:32.480]  to handle the situation and so the script is a guideline it is not a do this exactly
[51:32.480 --> 51:38.920]  because that's not exactly what everyone should do in any particular given situation going
[51:38.920 --> 51:46.240]  back to the point of you know prime directive preserve your liberty unless you can afford
[51:46.240 --> 51:51.960]  the fight unless you know what you're doing unless you know exactly what rights are being
[51:51.960 --> 51:59.040]  violated when they smash that window and you're prepared to go to jail and be beaten up and
[51:59.040 --> 52:03.960]  lose time and work and whatever else so that you can prepare yourself a lawsuit after the
[52:03.960 --> 52:07.920]  fact and then go through all the time to sue them after the fact and and you have to buy
[52:07.920 --> 52:12.440]  a new window for your car too in the meantime so if you don't want to go through all that
[52:12.440 --> 52:18.800]  trouble then push it as far as you think you can and then if you feel like you have to
[52:18.800 --> 52:23.620]  concede at the last second because he's bringing the sledgehammer out then you concede okay
[52:23.620 --> 52:27.680]  and so it's it's a guideline that's what I'm trying to tell you okay and so I'm trying
[52:27.680 --> 52:32.760]  to tell the listeners I think there has been a lot of confusion here about this script
[52:32.760 --> 52:39.920]  because Eddie is always saying this is a guideline you have to suss out the situation every time
[52:39.920 --> 52:44.080]  and you have to really thoroughly understand the laws in your state understand the federal
[52:44.080 --> 52:48.840]  laws know what you're getting yourself into you have to be able to read the officer it's
[52:48.840 --> 52:55.760]  not just that do this exactly like with your eyes closed and expect certain results.
[52:55.760 --> 53:03.160]  Yeah let me let me reference this thing of getting beaten up and thrown in jail it's
[53:03.160 --> 53:09.760]  not all it's cracked up to be not near as much fun as it may sound like on the on the
[53:09.760 --> 53:17.680]  front end it really sucks no and I like Eddie's prime rule directive which is a shut up shut
[53:17.680 --> 53:23.000]  up and keep shutting up okay now that may seem to conflict with the script but it really
[53:23.000 --> 53:28.760]  doesn't I mean ultimately people have to use their their best judgment so I just wanted
[53:28.760 --> 53:34.840]  to put that out there to try to clear up any confusion because I don't want any bad rap
[53:34.840 --> 53:40.200]  about Eddie going out that there's something wrong with his script or that he's encouraging
[53:40.200 --> 53:47.120]  people to be agitated or whatever or or bucking up bowing up to the cops on the side of the
[53:47.120 --> 53:54.600]  road and getting themselves thrown in jail because it's not what Eddie is all about.
[53:54.600 --> 54:00.240]  There's a better way to do this when when I get pulled over I'm always thinking what's
[54:00.240 --> 54:06.840]  going to look good in court I do not want to get the officer agitated if he starts getting
[54:06.840 --> 54:12.880]  agitated that's the first thing I'm asking is are you getting agitated did I do something
[54:12.880 --> 54:21.400]  to agitate you agitate is a is a magic word they want to be able to go to the judge and
[54:21.400 --> 54:29.680]  say he was agitated that's their magic word to justify anything they do so always ask
[54:29.680 --> 54:33.880]  them if they're agitated and then when they demand that I do something I don't want to
[54:33.880 --> 54:39.480]  do I always point to the pistol on their hip say I see you got that pistol if I don't do
[54:39.480 --> 54:47.800]  what you say you're going to pull that pistol on me it has a way of defusing things when
[54:47.800 --> 54:58.520]  you're crafting your behavior based on what will play well before a grand jury of my peers
[54:58.520 --> 55:06.120]  the cop will pick up on it really fast and whatever you do do get in an argument if the
[55:06.120 --> 55:11.560]  officer tells you roll down the window and I tell him I don't want to and he orders me
[55:11.560 --> 55:17.320]  to roll down the window and I will say well you're going to arrest me or knock out the
[55:17.320 --> 55:22.120]  window or something if I don't and he's going to say yes then okay okay I'll roll it down
[55:22.120 --> 55:32.200]  you're not rolling it down of your own volition so it doesn't count don't go to jail set the
[55:32.200 --> 55:41.400]  policeman up so you can raise your arguments in court and in law never give fair warning
[55:42.280 --> 55:50.920]  bushwhack is how you do it if you try to give fair warning they will always take any kind of
[55:50.920 --> 55:57.640]  fair warning as a threat and they'll use that to escalate the situation to justify them arresting
[55:57.640 --> 56:07.800]  you so be real careful these guys are dangerous you're playing with your life when you mess with
[56:07.800 --> 56:14.440]  these guys I don't like to say that but about policemen but that they are horribly out of
[56:14.440 --> 56:20.040]  control we're not going to get them back in control out there on the street we're going to
[56:20.040 --> 56:26.520]  get them back in control in the courts andrew do you feel like we've been kicking you around
[56:26.520 --> 56:33.080]  for a while here hey it's cool and all but I just want to reiterate jurorsprovince.com
[56:33.080 --> 56:38.920]  we'll have to go to that site where do I have to go after I go to that site yeah go to that site
[56:38.920 --> 56:48.360]  if you okay I'm not talking about what you can win here I'm talking about finding a way to mitigate
[56:48.360 --> 56:55.160]  a bad situation you're in right now and if you jerk them out to the federal court and then you
[56:55.160 --> 57:02.040]  walk them down you know the federal guidelines for arrest but you look at that habeas corpus it's
[57:02.040 --> 57:08.520]  very extensive it's written partially in texas law but the majority of it goes to federal law
[57:09.640 --> 57:17.800]  so anywhere where I have a state statute you can run that statute on just to do a search for
[57:17.800 --> 57:24.200]  like put in the statute say I've got 39.03 penal code I'll put in texas
[57:25.720 --> 57:36.120]  statute 3903 penal code space arizona and that will likely give you the arizona's comparable
[57:37.000 --> 57:42.680]  statute or it'll give you an arizona case that references this statute that'll get you to the
[57:42.680 --> 57:50.760]  arizona statute but most of it's federal law and once you get them into the federal court
[57:51.320 --> 57:57.160]  now they're looking at the ticket costing them a lot of money they'd call the prosecutor and say
[57:57.160 --> 58:03.160]  hey can we make a reasonable deal here make this thing go away you know give me a turn it
[58:03.160 --> 58:09.400]  into a parking ticket and I'll drop my federal suit does that make sense sandro
[58:09.400 --> 58:14.280]  all right uh yeah can we just talk about this one more time after the break because there's
[58:14.280 --> 58:19.960]  a couple things to reiterate okay okay at least somebody knows the break's coming I've been
[58:19.960 --> 58:27.480]  running off the cliff all evening okay this is Randy Kelton Devin Stevens rule of our radio
[58:27.480 --> 58:34.360]  I call it number 512-646-1984 we're going to the top of the break so now would be a good time to
[58:34.360 --> 58:41.560]  go look at our sponsors and especially if you're interested in legal issues go look at your
[58:41.560 --> 58:47.000]  dictionary it is the best tool you could ever have okay we'll be right back
[58:50.200 --> 58:55.800]  the bible remains the most popular book in the world yet countless readers are frustrated
[58:55.800 --> 59:01.800]  because they struggle to understand it some new translations try to help by simplifying the text
[59:01.800 --> 59:08.280]  but in the process can compromise the profound meaning of the scripture enter the recovery
[59:08.280 --> 59:14.760]  version first this new translation is extremely faithful and accurate but the real story is the
[59:14.760 --> 59:22.360]  more than 9 000 explanatory footnotes difficult and profound passages are opened up in a marvelous way
[59:22.360 --> 59:27.400]  providing an entrance into the riches of the word beyond which you've ever experienced before
[59:27.400 --> 59:32.760]  the bibles for america would like to give you a free recovery version simply for the asking
[59:33.320 --> 59:43.720]  this comprehensive yet compact study bible is yours just by calling us toll free at 1-888-551-0102
[59:43.720 --> 59:50.040]  or by ordering online at freestudybible.com that's freestudybible.com
[59:50.040 --> 59:59.080]  you're listening to the logos radio network at logosradionetwork.com
[01:00:02.680 --> 01:00:07.960]  the following use flashes brought to you by the Lone Star Lowdowns providing the daily
[01:00:07.960 --> 01:00:15.560]  bulletins for the commodities market today in history news updates and the inside scoop
[01:00:15.560 --> 01:00:20.520]  into the tides of the alternatives
[01:00:22.840 --> 01:00:27.560]  markets for the first of october 2015 opened up with gold at one thousand one hundred fourteen
[01:00:27.560 --> 01:00:32.920]  dollars and 30 cents an ounce silver fourteen dollars and 54 cents an ounce texas crude 45
[01:00:32.920 --> 01:00:38.520]  dollars and nine cents a barrel and bitcoin is currently sitting at about 239 us currency
[01:00:38.520 --> 01:00:51.320]  today in history friday october 1st 1982 the sony cdp 101 the world's first commercially
[01:00:51.320 --> 01:01:00.040]  released compact disc flare is released in japan for 168 000 yen roughly 730 us dollars in 1982
[01:01:00.040 --> 01:01:08.840]  in recent news the weather forecasting system that initially predicted hurricane Joaquin would
[01:01:08.840 --> 01:01:14.040]  hit the east coast is now saying it will most likely stay over the Atlantic Ocean the hurricane
[01:01:14.040 --> 01:01:19.000]  has however been upgraded to a category four storm meaning sustained winds of at least 130
[01:01:19.000 --> 01:01:23.560]  miles per hour as it hit the Bahamas the storm is expected to stay in the Caribbean until at
[01:01:23.560 --> 01:01:27.880]  least friday morning and though it appears to be headed out to sea silver servants warned east
[01:01:27.880 --> 01:01:38.040]  coast residents not to let their guard down just yet english and welsh smokers will be fined 50
[01:01:38.040 --> 01:01:42.520]  pounds which is roughly around 75 dollars if they are caught violating a new law which aims to
[01:01:42.520 --> 01:01:47.000]  protect children when they are riding in the car with them it's all part of a tough anti-secondhand
[01:01:47.000 --> 01:01:52.040]  smoke measure that went into effect today in which the driver faces the same fine even if he or she
[01:01:52.040 --> 01:01:56.760]  wasn't the one smoking with the children inside of the vehicle the law would apply even if windows
[01:01:56.760 --> 01:02:02.120]  or the sunroof are open but won't apply to people in top-down convertibles the popular e-cigs are
[01:02:02.120 --> 01:02:06.280]  also exempt from the new regulation within the next year scottish lawmakers are expected to
[01:02:06.280 --> 01:02:11.480]  debate a similar measure while in northern ireland civil regulators said they want to see the results
[01:02:11.480 --> 01:02:21.400]  of all this before taking any measures themselves a projected million unmanned aircraft systems or
[01:02:21.400 --> 01:02:25.480]  drones as they were commonly known could be given away as presents over the holiday season this year
[01:02:25.480 --> 01:02:29.960]  according to what a federal aviation administration official stated in a recent conference noted by
[01:02:29.960 --> 01:02:34.760]  aviation week if you plan on getting a drone for yourself or family member be sure to check out
[01:02:34.760 --> 01:02:44.920]  and share the basic guidelines on the faa web page the low start low down is currently looking
[01:02:44.920 --> 01:02:50.120]  for sponsors so to get a product or service like an advertiser feel free to give us a call at two
[01:02:50.120 --> 01:02:57.960]  one zero three six three twenty two fifty seven it's been your lowdown for october 1st 2013
[01:02:57.960 --> 01:03:25.240]  okay we are back randy kelton rule of law radio here with jeff sedgwick
[01:03:25.240 --> 01:03:30.840]  and we're talking to andrew in pennsylvania and you had another question andrew
[01:03:32.360 --> 01:03:37.000]  oh yeah well first of all i'm looking at the jurors imprudence website right now do i click
[01:03:37.000 --> 01:03:40.520]  on the thing that says written up habeas corporates a brief on due course of law
[01:03:41.160 --> 01:03:47.240]  yes okay uh i have that off right here what do i have to do with this
[01:03:47.240 --> 01:03:55.160]  wait say that again what do i have to do with this i'm looking at the um the the um read it
[01:03:55.160 --> 01:04:04.040]  it says okay click on the link it'll open up read it a couple of times it'll begin to make sense
[01:04:04.760 --> 01:04:12.040]  a lot of these pieces fit together nobody does this stuff that's why i say on the air that every
[01:04:12.040 --> 01:04:17.720]  step is presently practiced the criminal justice system and most every state of looked at from
[01:04:17.720 --> 01:04:27.000]  arrest two trials not only wrong it is very specifically against particular law and it's not
[01:04:27.000 --> 01:04:33.960]  just against particular law it's again this particular law for very specific reason it is
[01:04:33.960 --> 01:04:43.720]  your law for very specific reason it is the intent of every resting officer jailers prosecutors judges
[01:04:43.720 --> 01:04:50.680]  to put you in a position such that when the prosecutor brings you this incredibly reasonable
[01:04:50.680 --> 01:04:57.160]  deal you will have no reasonable option but to take it that's why they have conviction rate in
[01:04:57.160 --> 01:05:08.200]  the state of texas is 99.6 because everybody takes the deal when everybody takes the deal
[01:05:08.760 --> 01:05:14.440]  because the whole system is geared toward extracting money from you they don't care if
[01:05:14.440 --> 01:05:20.120]  you're guilty or innocent they could care less they want you to take a deal where they
[01:05:20.840 --> 01:05:25.880]  collect a fine or put you on probation they want your own probation because probation fees stay in
[01:05:25.880 --> 01:05:32.040]  the county and don't go to the general fund it's all about making money nothing about justice
[01:05:33.800 --> 01:05:41.640]  that's my rant okay okay randy i'm going to read this and all but as far as doing what i need to
[01:05:41.640 --> 01:05:46.360]  do because i've only got until the sixth of next week october 6th which is next tuesday
[01:05:47.000 --> 01:05:53.080]  to do what i have to do in regards to filing the paperwork in in the proper court so you
[01:05:53.080 --> 01:06:01.720]  can find an emotion to expand time to answer right okay so i have to file a federal due process
[01:06:01.720 --> 01:06:08.840]  violation in pa what kind of um federal due process violation am i filing you have to you
[01:06:08.840 --> 01:06:18.600]  look at read the habeas corpus compare what the officer and the jailers all did in arizona to the
[01:06:18.600 --> 01:06:27.400]  habeas okay this one has the violations in it and most of the violations that i have are in texas
[01:06:27.400 --> 01:06:34.520]  state law you can convert them to arizona law and pretty well use the habeas you have to do that
[01:06:34.520 --> 01:06:46.840]  again yeah plagiarize the habeas how do you convert the um texas into um arizona law what
[01:06:46.840 --> 01:06:54.760]  was that process you told me to do okay just okay like i said earlier put the texas statute in the
[01:06:54.760 --> 01:07:01.480]  search engine and then space arizona and that'll give you anybody in arizona who's ever referenced
[01:07:01.480 --> 01:07:11.240]  this state statute okay uh for that for texas section the search engine uh space and then
[01:07:11.240 --> 01:07:18.520]  arizona yeah okay okay so in regards to filing this due process violation in pennsylvania based
[01:07:18.520 --> 01:07:25.400]  on what it says in this um habeas corpus thing uh you said and you also said file a removal of
[01:07:25.400 --> 01:07:30.600]  traffic case i mean when do i when's the latest time i can do this i'll get it done as soon as
[01:07:30.600 --> 01:07:39.240]  you file the federal action then you send a remove a notice of removal and all it has to say is you
[01:07:39.240 --> 01:07:44.600]  hereby notice the court this case is removed to the federal court so i was going to say
[01:07:47.560 --> 01:07:55.240]  you waited kind of late just to get on this if you get a ticket in the future anybody out there
[01:07:55.240 --> 01:08:00.680]  gets a ticket you want to want or need to fight the ticket get on it quickly do not wait to the
[01:08:00.680 --> 01:08:09.560]  last minute it gets real tough there at the last minute right but essentially use the habeas just
[01:08:09.560 --> 01:08:18.120]  plagiarize the habeas to fit your case and change the habeas into a due process suit if you want to
[01:08:18.120 --> 01:08:22.520]  know how to do a process suit due process suit just do a search on the internet for federal due
[01:08:22.520 --> 01:08:31.560]  process suit you get examples of them and then exercise one primary skills plagiarism find cases
[01:08:31.560 --> 01:08:37.320]  that address the issues that you're dealing with and plagiarize their cases
[01:08:41.080 --> 01:08:45.720]  okay but when i file this um federal due process violation if i remove our traffic case
[01:08:45.720 --> 01:08:49.480]  um i'm sure you don't know off the top of your head who i'm going to send it to who i'm going
[01:08:49.480 --> 01:08:56.680]  to mail it to in pennsylvania you send it to the court you do you have a court case you just send
[01:08:56.680 --> 01:09:06.680]  it to whatever that court is okay if i send it by mail tomorrow um how are they going to get it
[01:09:06.680 --> 01:09:11.400]  it is it is considered filed when it's stamped by the post office
[01:09:11.400 --> 01:09:21.160]  okay all right so it's even if they don't actually read the document by my um trial case next
[01:09:21.160 --> 01:09:27.160]  tuesday which would be um like 1 30 in the afternoon on tuesday the 6th supposed to be in
[01:09:27.160 --> 01:09:34.360]  some court in arizona uh they just file a warrant if i'm not there but if i um file this and then
[01:09:34.360 --> 01:09:38.280]  post on stamped it and then they find out after that court case okay okay listen listen if they
[01:09:38.280 --> 01:09:45.560]  issue a warrant in arizona for your arrest not a problem there is no chance that they're going to
[01:09:45.560 --> 01:09:52.200]  transport you from pennsylvania to arizona for a traffic ticket i live in uh outside of dallas
[01:09:52.200 --> 01:09:58.280]  fort worth area if you get a ticket in dallas fort worth and it goes to warrant they're going
[01:09:58.280 --> 01:10:04.280]  to post that warrant on the regional computer that's the 15 county area around dallas fort worth
[01:10:04.280 --> 01:10:09.640]  if you get stopped in austin or you get stopped in houston they're not going to find that warrant
[01:10:09.640 --> 01:10:15.800]  because nobody here wants to have you arrested down there and then have to transport you back to
[01:10:17.400 --> 01:10:22.440]  to dallas so they're not going to let those guys see that warrant so if they issue a warrant in
[01:10:22.440 --> 01:10:29.720]  arizona it ain't going to get to you and then when you remove it then if there is a warrant you move
[01:10:29.720 --> 01:10:40.440]  it then if there is a warrant you move to quash okay problem is is my time by the questions you're
[01:10:40.440 --> 01:10:50.760]  asking you don't know near enough to fight this yet so you really need to get to work all right
[01:10:52.360 --> 01:10:57.240]  exactly and with that being said can you give me an approximate time period on how i'll read
[01:10:57.240 --> 01:11:00.920]  this whole thing like for instance i'll get off the phone with you but can you give me an approximate
[01:11:00.920 --> 01:11:05.320]  um time how long it's going to take me to read this whole entire uh read a page because i'm seeing
[01:11:05.320 --> 01:11:10.680]  like 100 white pages or something like that i'll read it all if i have to you know i have no idea
[01:11:10.680 --> 01:11:19.240]  we really need to read it all twice probably it would take me a hour and a half to read a document
[01:11:19.240 --> 01:11:29.320]  like that okay so read it read it twice you won't understand it the first time the second time you
[01:11:29.320 --> 01:11:35.800]  go through it you're looking at connections i'm making in the front to arguments i'm making in
[01:11:35.800 --> 01:11:41.800]  the back and you'll you'll begin to understand why i make the arguments where i do and how they
[01:11:41.800 --> 01:11:51.560]  stitch together then you'll be way ahead of the game and order jurisdictionary you don't have
[01:11:51.560 --> 01:11:56.200]  time just for this next hearing but order jurisdictionary it'll tell you how to prepare
[01:11:56.200 --> 01:12:02.600]  motions how to file motions how to get them put on for here for trial this is stuff they don't
[01:12:02.600 --> 01:12:08.920]  teach at law school it gives you all the basics that you need lawyers go to law school they load
[01:12:08.920 --> 01:12:16.440]  it learn how to argue legal issues they get out in the real world then they learn how to prepare
[01:12:16.440 --> 01:12:23.800]  motions file motions get them put on for hearing all these technical things that makes you nuts
[01:12:23.800 --> 01:12:27.720]  trying to figure out what to do lawyers have the same problem they get out of law school
[01:12:28.440 --> 01:12:31.960]  that's why we promote jurisdictionary jurisdictionary has all that in there
[01:12:32.680 --> 01:12:38.840]  i get a guy calling me i get mark from wisconsin and he says well i got this problem what did
[01:12:38.840 --> 01:12:44.360]  you do this i did that then he goes on to why did you do this yeah i did that and finally i said
[01:12:44.360 --> 01:12:48.520]  have you been through jurisdictionary oh yeah i've been through jurisdictionary i can always
[01:12:48.520 --> 01:12:54.520]  tell if somebody's been through jurisdictionary let's say sound like a lawyer so get jurisdictionary
[01:12:54.520 --> 01:13:02.680]  it's only a couple out of bucks well worth it but in the meantime uh get something put together for
[01:13:02.680 --> 01:13:11.400]  a federal lawsuit you don't care if it's garbage if if you don't have time send garbage send the
[01:13:11.400 --> 01:13:16.280]  removal and the other side is going to answer your federal suit and say this is garbage
[01:13:16.920 --> 01:13:23.160]  and the federal court's going to say yeah this is garbage fix it and then you got more time to get
[01:13:23.160 --> 01:13:33.080]  your work done all right that makes sense um after yeah i'll read this um file the necessary stuff
[01:13:33.080 --> 01:13:38.120]  and then i can't send it by electronic email i have to actually mail it in a letter to the post
[01:13:38.120 --> 01:13:45.400]  office is that right that's right but but the day you made it it's considered filed if you're
[01:13:45.400 --> 01:13:54.200]  answering a pleading the day you file the answer it's considered fine yeah but don't wait until the
[01:13:54.200 --> 01:14:03.640]  day that it's due to mail it let's just invite inviting problems yeah better to send crash
[01:14:03.640 --> 01:14:11.560]  than than to send something late to steve skidmore came to me he had a a hearing in two days on an
[01:14:11.560 --> 01:14:16.920]  eviction i mean he was right up to the end and he needed a suit and i said i hadn't done my
[01:14:16.920 --> 01:14:21.800]  research yet he said i don't have time for research so i went on the internet and i pulled
[01:14:21.800 --> 01:14:28.280]  out a few suits i cut and pasted a bunch of stuff out of him and i filed it the they stopped the
[01:14:28.280 --> 01:14:36.840]  eviction hearing the attorney on the other side filed a motion to dismiss claiming your honor
[01:14:36.840 --> 01:14:42.040]  this suits a piece of crap and the court looked at it and said you're right it is a piece of crap
[01:14:42.680 --> 01:14:50.600]  fix it we filed a second one that took about 90 days because we file it they got 30 days to
[01:14:50.600 --> 01:14:58.680]  to answer then we've got 15 days to file a rebuttal and just back and forth and then we file this
[01:14:58.680 --> 01:15:03.640]  second one they said that's a piece of crap fix it again the third time we got one that stuck
[01:15:03.640 --> 01:15:11.480]  but by then it was nine months down the road right now you need to stop the clock so don't
[01:15:11.480 --> 01:15:16.280]  try to get it perfect don't waste the time on getting it perfect just get any kind of claim in
[01:15:16.280 --> 01:15:23.240]  there even if it's unartful because you're a pro say you can do that that get it in get notice of
[01:15:23.960 --> 01:15:30.440]  removal it should stop the clock on everything by sometime all right just by tuesday morning
[01:15:30.440 --> 01:15:34.120]  basically because the hearing would be 1 30 in the afternoon yeah tuesday so i'm trying to get
[01:15:34.120 --> 01:15:44.520]  in the mailbox once once you file the removal jurisdiction ceases they try anything after that
[01:15:45.080 --> 01:15:51.960]  then listen to this show we'll show you how to stomp all over them then you get to turn the
[01:15:51.960 --> 01:15:59.560]  tables on them and give them a reason to make your case go away okay we do need to move along
[01:15:59.560 --> 01:16:03.800]  we're over halfway through the show and thank you doug has been waiting since the beginning but
[01:16:04.520 --> 01:16:11.000]  keep us up to speed on how this goes all right well then later okay thank you andrew
[01:16:11.640 --> 01:16:17.800]  okay now we're going to doug in indiana hello doug what do you have for us today
[01:16:19.800 --> 01:16:24.920]  well i'm glad you got the fbcpa guy there today because this is just what i got for you
[01:16:24.920 --> 01:16:30.200]  yeah yeah i got him back there and he knows everything there is to know about fbc
[01:16:32.440 --> 01:16:36.600]  that is not true okay go ahead doug
[01:16:39.960 --> 01:16:45.720]  does that sound like a break here or no go ahead please oh yeah it is sound of a break
[01:16:45.720 --> 01:16:51.560]  at least somebody can hear the bumper music i can okay hey randy kelton there was steven's
[01:16:51.560 --> 01:16:57.320]  real life radio or call it number 512-646-1984 we'll be right back back
[01:17:00.120 --> 01:17:05.880]  are you being harassed by debt collectors with phone calls letters or even lawsuits stop debt
[01:17:05.880 --> 01:17:11.000]  collectors now with the michael mirrors proven method michael mirrors has won six cases in
[01:17:11.000 --> 01:17:16.280]  federal court against debt collectors and now you can win too you'll get step-by-step instructions
[01:17:16.280 --> 01:17:21.560]  in plain english on how to win in court using federal civil rights statutes what to do when
[01:17:21.560 --> 01:17:27.080]  contacted by phone mail or court summons how to answer letters and phone calls how to get debt
[01:17:27.080 --> 01:17:32.280]  collectors out of your credit report how to turn the financial tables on them and make them pay
[01:17:32.280 --> 01:17:38.520]  you to go away the michael mirrors proven method is the solution for how to stop debt collectors
[01:17:38.520 --> 01:17:44.360]  personal consultation is available as well for more information please visit ruleoflawradio.com
[01:17:44.360 --> 01:17:49.720]  and click on the blue michael mirrors banner or email michael mirrors at yahoo.com that's
[01:17:49.720 --> 01:17:58.680]  ruleoflawradio.com or email m i c h a e l m i r r a s at yahoo.com to learn how to stop debt
[01:17:58.680 --> 01:18:04.840]  collectors now at capital coin and bullion our mission is to be your preferred shopping destination
[01:18:04.840 --> 01:18:09.080]  by delivering excellent customer service and outstanding value at an affordable price
[01:18:09.080 --> 01:18:12.840]  we provide a wide assortment of your favorite products featuring a great selection of high
[01:18:12.840 --> 01:18:17.320]  quality coins and precious metals we cater to beginners in coin collecting as well as large
[01:18:17.320 --> 01:18:22.680]  transactions for investors we believe in educating our customers with resources from top accredited
[01:18:22.680 --> 01:18:27.880]  metals dealers and journalists if we don't have what you're looking for we can find it in addition
[01:18:27.880 --> 01:18:33.240]  we carry popular longevity products such as beyond tangy tangerine and pollen bursts we also offer
[01:18:33.240 --> 01:18:38.840]  one world way mountain house storable foods murky water products ammunition at 10 above wholesale
[01:18:38.840 --> 01:18:43.720]  and more we broke through metals ira accounts and we also accept bitcoins as payment call us
[01:18:43.720 --> 01:18:51.320]  at 512-646-6440 we're located at 7304 burnett road suite a about a half mile south of anderson
[01:18:51.320 --> 01:18:56.600]  we're open monday through friday 10 to 6 saturdays 10 to 2 visit us at capital coin and bullion.com
[01:18:56.600 --> 01:19:10.920]  or call 512-646-6440. This is the Logos Logos Radio Net Radio Net.
[01:19:27.320 --> 01:19:28.920]  Well,
[01:19:31.320 --> 01:19:41.240]  ain't gonna fool me with that same old trick again. I was blindsided but now I can see your plan.
[01:19:41.240 --> 01:19:46.360]  You put the fear in my pocket, took the money from my hand.
[01:19:46.360 --> 01:19:50.920]  Ain't gonna fool me with that same old trick again.
[01:19:50.920 --> 01:20:06.440]  Okay, we are back Randy Kelton with Law Radio and we're talking to Doug in Indiana.
[01:20:07.000 --> 01:20:12.200]  Okay, Doug, let's ask Jeff a really hard question about FDCPA.
[01:20:12.200 --> 01:20:23.640]  Okay, I've got two of them but anyway I'm not a guru on FDCPA but I have two
[01:20:23.640 --> 01:20:29.960]  before the debt collectors want so I'm decent at it. 2010,
[01:20:32.040 --> 01:20:34.360]  I got a letter in the mail inviting me to court.
[01:20:34.360 --> 01:20:43.880]  So I showed up and the judge you know they did all the thing and the judge asked me you know
[01:20:44.840 --> 01:20:51.400]  if I had counsel and I told him no and he said oh well then you're pro se and I said no I'm
[01:20:51.400 --> 01:20:55.880]  not pro se. He said well then what's your turn? I said I don't have one.
[01:20:55.880 --> 01:21:03.320]  He said then you're pro se. I said no I'm not pro se because I'm not ready to proceed.
[01:21:05.320 --> 01:21:11.960]  I said what I am here for today is I'm here in appropriate persona on a special appearance
[01:21:11.960 --> 01:21:17.880]  for jurisdictionary challenges because before we go any further with this case
[01:21:17.880 --> 01:21:20.280]  you're going to establish jurisdiction for the record.
[01:21:20.280 --> 01:21:29.080]  You can't do that. Did you file a challenge to subject matter jurisdiction?
[01:21:30.360 --> 01:21:37.160]  Yes, yes. Okay, you can do that. Yes, I challenged their subject matter jurisdiction
[01:21:38.920 --> 01:21:46.360]  and anyway I also stated that I was not the real party in interest because it was over
[01:21:46.360 --> 01:21:55.720]  sewer bills and I was the renter not the property owner and in Indiana the owner of the property is
[01:21:55.720 --> 01:22:06.120]  responsible for the sewer bills. So the attorney for the other side didn't know how to argue
[01:22:07.160 --> 01:22:11.800]  my counterclaims so the judge just said well what I'm going to do is take this under advisement
[01:22:11.800 --> 01:22:17.320]  since the attorney can't establish subject matter nor prove that you're the real party.
[01:22:18.840 --> 01:22:24.440]  So I waited 30 days. They have 30 days in Indiana when they take it under advisement.
[01:22:26.040 --> 01:22:32.040]  On the 31st day I called the court. They couldn't find it. They said we don't have any record of
[01:22:32.040 --> 01:22:42.200]  this case. So I called the attorney back on the other side and he said well we're going
[01:22:42.200 --> 01:22:48.440]  out to the landlord on this with the guy that owns the property. He said your suit's not in the court
[01:22:49.960 --> 01:23:00.520]  so I let it be. Well I went a couple few days ago here to see a mortgage brought to the bank
[01:23:00.520 --> 01:23:03.960]  to get a mortgage so I was going to buy the property next door to mine because I wanted the
[01:23:03.960 --> 01:23:11.960]  extra 40 acres for my farm. And my credit score had went from like 696 down to 580
[01:23:13.400 --> 01:23:20.920]  and those two judgments now all of a sudden turned into the judgment on my credit report.
[01:23:20.920 --> 01:23:32.520]  On my credit report. Okay you're using pronouns. Those two judgments. What two judgments?
[01:23:32.520 --> 01:23:38.520]  For the sewer. Them two sewer liens that I went to court over the judgment advisement
[01:23:39.880 --> 01:23:46.120]  have now mysteriously turned into judgments. The file suit against the judge.
[01:23:46.120 --> 01:23:52.520]  Well I think first of all I need you to go back and find out how that happened.
[01:23:54.680 --> 01:24:02.200]  Well I called the courts and they. No you don't call the court. You go down there.
[01:24:03.400 --> 01:24:09.880]  You find out. You pull the records. You pull the file. You read the file. Well I went
[01:24:09.880 --> 01:24:18.760]  I went down to the court's office the next day. Okay. Have a chronological case summary or a
[01:24:18.760 --> 01:24:23.880]  record of the court case. They don't have it. They don't have it on. They don't. They can't
[01:24:23.880 --> 01:24:30.600]  find it in their records anywhere. Well the judge that heard my case back in 2010 is not on the bar
[01:24:30.600 --> 01:24:41.320]  anymore. They bounced him off the bar. He had some illegal on-the-site stuff going on. That
[01:24:41.320 --> 01:24:48.520]  just screwed up my plan. I was going to have you sue the judge. If the judge gets the lawsuit
[01:24:49.480 --> 01:24:54.920]  he's going to have a hernia and get all this stuff straightened out. But since he's already
[01:24:54.920 --> 01:25:01.160]  been trashed that's not going to work. All right. So yeah you've got it. Do you have the number of
[01:25:01.160 --> 01:25:09.240]  the case on the judgment. Yes. And you go down to pull that particular case and the clerk tells
[01:25:09.240 --> 01:25:18.280]  you there is no such case. Yeah. Sue the clerk. No no you can work to the actual clerk. The one
[01:25:18.280 --> 01:25:26.200]  that's elected and ask her to explain how there can be a judgment on a case that your people
[01:25:26.200 --> 01:25:34.600]  say doesn't exist. That's what I asked her. I said how. It's on my credit report. Here's the
[01:25:34.600 --> 01:25:38.360]  call. Wait a minute. Wait a minute. Wait a minute. Who put that on your credit report?
[01:25:40.120 --> 01:25:44.760]  That's what I'm trying to find out. I don't know who put it. Well if you look at the back
[01:25:44.760 --> 01:25:52.760]  part of your credit report it will list all the shall we use the word loosely contributors.
[01:25:55.800 --> 01:26:02.840]  Everybody that has posted a trade line on your credit report will be listed. Now let me ask
[01:26:02.840 --> 01:26:08.280]  you a question. Did you get your credit report from the actual credit reporting agency or did
[01:26:08.280 --> 01:26:14.520]  you get it from free credit report or someplace like that? No the people at the bank
[01:26:14.520 --> 01:26:23.800]  give me a copy. So I tried to get a VA loan. So you go to annualcreditreport.com
[01:26:26.200 --> 01:26:32.360]  and if you have not pulled your credit report yourself in the last 12 months you're entitled
[01:26:32.360 --> 01:26:42.040]  to a free one. Annualcreditreport.com you order the reports individually not combined
[01:26:42.040 --> 01:26:51.000]  and that site is sponsored by Experian, Equifax and TransUnion the three primaries and you will
[01:26:51.000 --> 01:26:57.000]  get the individual credit reports from each one of them online right there provided you can answer
[01:26:57.000 --> 01:27:10.200]  their questions and it'll also have in here the listing of any inquiries on your credit and
[01:27:10.200 --> 01:27:17.960]  your credit and everybody who is either inquired or has pulled your credit report or listed a
[01:27:17.960 --> 01:27:26.680]  trade name in your credit report will be listed. So you need all you need to find out from there is
[01:27:27.960 --> 01:27:34.680]  look over and see who it is that may have posted to your credit report. And once you find that
[01:27:34.680 --> 01:27:44.600]  and once you found that I take it you tried to buy some property and you were turned down for
[01:27:44.600 --> 01:27:51.800]  the for a loan because of these credit reports. Yes I'm looking at financial injury. Okay there
[01:27:51.800 --> 01:27:59.320]  yeah do you know what the injury is called? It's called the benefit of the bargain.
[01:27:59.320 --> 01:28:07.880]  In this particular case and under FCRA and FDCPA it's called actual damages.
[01:28:09.320 --> 01:28:16.920]  Actual damages yeah. Well you can get actual damages under FDCPA but you can also sue
[01:28:18.760 --> 01:28:24.040]  for the benefit of the bargain for the value of the deal that you lost.
[01:28:24.040 --> 01:28:35.720]  Next that'll jack the number way on up there. You had a right to that deal and they damaged you by
[01:28:37.320 --> 01:28:42.680]  the amount that you would have profited from the deal is the damage you get to claim against them
[01:28:42.680 --> 01:28:49.480]  under the benefit of the bargain. Okay okay. I understand where you're going with that. But
[01:28:49.480 --> 01:28:56.280]  you know first off what did the clerk tell you when you said to the clerk that the clerk of the
[01:28:56.280 --> 01:29:02.040]  court the actual clerk of the court yeah I've got this judgment here and here's the case number on
[01:29:02.040 --> 01:29:09.240]  it but your people tell me there is no such case number. What was the response? We have no such
[01:29:09.960 --> 01:29:17.000]  he said we have no such record. Okay a suggestion send him a written request for that document
[01:29:17.000 --> 01:29:23.160]  and so that they will send you back an answer that says we have no record responsive to your
[01:29:23.160 --> 01:29:30.280]  request. Now you got it in hard copy. Hang on about to put a break Randy Kelton, Rue of Law Radio
[01:29:30.280 --> 01:29:39.720]  here with super FDCPA no FDCPA of Cedric and we're going to just to have our breaks a little
[01:29:39.720 --> 01:29:45.320]  longer so go check out our sponsors and on the last break I was eating some
[01:29:45.320 --> 01:29:52.760]  guys eating some gold carrots check out the bunch of our sponsors help support this radio station
[01:29:52.760 --> 01:29:57.640]  we need all the help we can get we also need money to help the station keep going we'll be right back.
[01:30:04.360 --> 01:30:09.720]  In China a toddler crawled out of a high-rise apartment window and was plunging to her death
[01:30:09.720 --> 01:30:14.840]  when a miracle happened and Dr. Catherine Albrecht in a moment I'll be back to tell you how a quick
[01:30:14.840 --> 01:30:21.320]  thinking stranger saved her life. Privacy is under attack when you give up data about yourself
[01:30:21.320 --> 01:30:26.440]  you'll never get it back again and once your privacy is gone you'll find your freedoms will
[01:30:26.440 --> 01:30:32.520]  start to vanish too so protect your rights say no to surveillance and keep your information to
[01:30:32.520 --> 01:30:39.160]  yourself privacy it's worth hanging on to this message is brought to you by startpage.com the
[01:30:39.160 --> 01:30:44.920]  private search engine alternative to google yahoo and bing start over with start page.
[01:30:46.600 --> 01:30:51.000]  It's every parent's nightmare a two-year-old girl climbed out the window of her 10 story
[01:30:51.000 --> 01:30:55.640]  apartment in Hangzhou China and teetered on the ledge for several moments before her parents
[01:30:55.640 --> 01:31:02.360]  noticed their frantic screams alerted a passerby 31 year old Wu Juping who looked up at the scene
[01:31:02.360 --> 01:31:06.760]  she kicked off her heels and ran to the building just moments before the little girl lost her
[01:31:06.760 --> 01:31:13.080]  balance and fell. Juping stretched out her arms felt a sharp pain and passed out when she awoke
[01:31:13.080 --> 01:31:18.280]  she discovered she'd broken her left arm and saved a life she'd caught the baby who had nothing but
[01:31:18.280 --> 01:31:24.120]  a few bruises to show for her adventure. I'm Dr. Catherine Albrecht for startpage.com the world's
[01:31:24.120 --> 01:31:34.680]  most private search engine. This is building seven a 47 story skyscraper that fell on the
[01:31:34.680 --> 01:31:40.040]  afternoon of September 11. The government says that fire brought it down however 1,500 architects
[01:31:40.040 --> 01:31:45.000]  and engineers have concluded it was a controlled demolition. Over 6,000 of my fellow service members
[01:31:45.000 --> 01:31:49.720]  have given their lives. Thousands of my fellow first responders are dying. I'm not a conspiracy
[01:31:49.720 --> 01:31:53.560]  theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an air force pilot. I'm
[01:31:53.560 --> 01:32:00.040]  the father who lost his son. We're Americans and we deserve the truth. Go to rememberbuildingseven.org
[01:32:00.040 --> 01:32:04.440]  today. Hey it's Danny here for Hill Country Home Improvements. Did your home receive hail or
[01:32:04.440 --> 01:32:08.680]  wind damage from the recent storms? Come on we all know the government caused it with their Kim
[01:32:08.680 --> 01:32:13.160]  trails but good luck getting them to pay for it. Okay I might be kidding about the Kim trails but
[01:32:13.160 --> 01:32:17.400]  I'm serious about your roof. That's why you have insurance and Hill Country Home Improvements can
[01:32:17.400 --> 01:32:22.200]  handle the claim for you with little to no out-of-pocket expense and we accept bitcoin
[01:32:22.200 --> 01:32:26.920]  as a multi-year A-plus member of the Better Business Bureau with zero complaints. You can
[01:32:26.920 --> 01:32:31.960]  trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:31.960 --> 01:32:38.680]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com mention
[01:32:38.680 --> 01:32:42.920]  the crypto show and get a hundred dollars off and we'll donate another hundred dollars to the logos
[01:32:42.920 --> 01:32:48.120]  radio network to help continue this programming. So if those out of town roofers come knocking
[01:32:48.120 --> 01:32:57.160]  your door should be locking. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts are
[01:32:57.160 --> 01:33:02.760]  based on full roof replacement. Mean I actually be kidding about Kim trails. You are listening
[01:33:02.760 --> 01:33:30.360]  to the logos radio network logosradionetwork.com.
[01:34:03.720 --> 01:34:10.840]  Okay we are back Randy Kelton Debra Stevens here with Jeff Cedric on rule of law radio and we're
[01:34:10.840 --> 01:34:16.600]  talking to Doug in Indiana and Doug you know your case goes to one of these issues to where
[01:34:17.240 --> 01:34:24.280]  and I look at them doing stuff wrong and every time they do something wrong I think chaching
[01:34:24.280 --> 01:34:29.320]  chaching you know generally people get all upset they want to fix it no no no
[01:34:29.320 --> 01:34:36.200]  no never interfere with somebody when they're screwing up so in this in this
[01:34:38.040 --> 01:34:45.720]  go ahead you said that was benefit of what no benefit of the bargain
[01:34:47.320 --> 01:34:55.640]  that when you file a civil action you can't just say the dirty rotten rascal did this and
[01:34:55.640 --> 01:35:03.000]  he did that and he did the other it's similar to a criminal complaint in a in a criminal case
[01:35:03.000 --> 01:35:11.560]  you must be charged with a specific statutory violation in a civil case you must state your
[01:35:11.560 --> 01:35:22.600]  claim in the terms of a defined cause of action or a tort so yeah the defined cause of action in this
[01:35:22.600 --> 01:35:33.080]  case is the loss of the benefit of the bargain now yeah it could be you know it's possible for
[01:35:33.080 --> 01:35:40.920]  you to try to get a loan that would go to the maximum limits of what you could get if your
[01:35:40.920 --> 01:35:49.400]  credit hadn't been interfered with and if you got denied that loan well that would up the amount of
[01:35:49.400 --> 01:35:53.320]  the benefit of the bargain now don't think i'm suggesting that fact i wouldn't suggest a thing
[01:35:53.320 --> 01:36:01.320]  like that but it's certainly possible oh yeah say these guys want to play hardball yeah introduce
[01:36:01.320 --> 01:36:10.920]  them to the deep end of the pool i love mixed metaphors okay now listen i got some suggestions
[01:36:10.920 --> 01:36:18.760]  for you you may want to sort of take note just go to annualcreditreport.com and pull
[01:36:18.760 --> 01:36:24.600]  your individual credit reports check to see who reported the trade line on the judgments
[01:36:25.160 --> 01:36:30.760]  more than likely it's going to be lexus nexus call lexus nexus and tell them you want to copy
[01:36:30.760 --> 01:36:41.240]  the judgment that they reported okay why do i say that what if this sneaky sob went over into
[01:36:41.240 --> 01:36:51.400]  another county and filed well i've got a feeling what i know uh what's going to happen because i've
[01:36:51.400 --> 01:37:02.520]  i've looked into this judge that got this barred and he was finding for this this attorney handled
[01:37:02.520 --> 01:37:09.880]  all of the sanitary district cases against people that weren't filing you know paying their sewer
[01:37:09.880 --> 01:37:17.320]  bills and for every case for every case that i have found so far where it was the tenant
[01:37:17.320 --> 01:37:20.280]  he always found them joint and several weeks liable
[01:37:22.840 --> 01:37:28.920]  even though indiana lost is that the homeowner the owner of the property is responsible for the
[01:37:28.920 --> 01:37:33.320]  sewer but then he may have found a suit in the name of the property owner with you being a
[01:37:33.320 --> 01:37:41.160]  co-defendant on that and you never got served you may have found a private attorney general action
[01:37:42.440 --> 01:37:48.200]  and that is a basis that is a basis of getting that particular judgment against you vacated
[01:37:49.560 --> 01:37:53.720]  but it's also a basis of going after the attorney for having taken an action you can't legally take
[01:37:53.720 --> 01:38:00.040]  which is an fdcpa violation okay but you need to get a hold of you need to get some sort of solid
[01:38:00.040 --> 01:38:11.080]  groundwork find out where this judgment is nested okay and a word of caution try not to give your
[01:38:11.080 --> 01:38:18.600]  hand away don't let them know what you're doing because then they'll start trying to hide stuff
[01:38:18.600 --> 01:38:25.640]  from you bushwhack is in law is so much better i did call the i did call the attorney
[01:38:25.640 --> 01:38:32.600]  his paralegal he's out of it he's out on vacation right now until monday and they're trying to
[01:38:32.600 --> 01:38:37.880]  they're in a desperate mode right now to get me released they want to they're in desperate mode to
[01:38:37.880 --> 01:38:44.120]  release me from this case well this has been trying to figure out everything she can do to release me
[01:38:44.120 --> 01:38:48.920]  from this case but i shouldn't have been on it well how is she going to do that if they can't
[01:38:48.920 --> 01:38:55.720]  find the case that supposedly was fine found against you i guess i guess the attorney's office
[01:38:55.720 --> 01:39:01.080]  has a copy of it well yeah how come the attorney's office got a copy of it when the clerk of the court
[01:39:01.080 --> 01:39:10.200]  doesn't yeah i want to know here here you really need to start looking close at what's going on
[01:39:10.200 --> 01:39:17.880]  the clerk of the court has a duty to keep the record so i'm going to tell you what you need to
[01:39:17.880 --> 01:39:24.520]  do so if there is a judgment against you and it's not in the record the clerk has harmed you
[01:39:25.320 --> 01:39:30.520]  because you didn't have public notice of it so the clerk is on the hook
[01:39:32.520 --> 01:39:38.680]  as well as anybody who's touched this thing here's the thing that's kind of amazing though if you
[01:39:38.680 --> 01:39:47.080]  think about it chances are most of your judgments are reported by lexus nexus lexus nexus gets the
[01:39:47.080 --> 01:39:52.920]  information by going to the courthouse so what courthouse did lexus nexus go to to get this judgment
[01:39:54.840 --> 01:39:59.880]  it had to be circuit court because that's the only one we had you don't have a district court
[01:39:59.880 --> 01:40:07.080]  in courthouse pardon uh it's clear and it's in the capital of indiana in indianapolis
[01:40:08.200 --> 01:40:15.800]  okay so we're getting involved here with nomenclature yeah a circuit court would be the
[01:40:15.800 --> 01:40:22.600]  same as a district court okay in most states yeah our the county court and where i live
[01:40:22.600 --> 01:40:25.480]  the county court see for us circuit court is state
[01:40:28.200 --> 01:40:36.200]  district court is county yes then here well in indiana each county has their own circuit
[01:40:36.200 --> 01:40:46.040]  and superior court okay so and check both courts see where it rides they have no effort of it on
[01:40:46.040 --> 01:40:51.560]  the credit report in both courts court because usually there's two different clerks of the court
[01:40:51.560 --> 01:40:58.600]  so you check both courts yeah then get on one of the lexus nexus or whoever it was to report it
[01:40:59.160 --> 01:41:04.600]  demand a copy of it and tell them because it should tell you up there and then style the case
[01:41:04.600 --> 01:41:14.600]  with court agent and what county you're assuming that these liens were filed held in the case you
[01:41:14.600 --> 01:41:22.600]  had before the court that might not be the case they might have filed them in another county and
[01:41:22.600 --> 01:41:29.960]  that good jeff said and that might be why you can't find them they may have just went to the
[01:41:29.960 --> 01:41:37.000]  well to another county and file these judgments if lexus nexus won't cough it up how can i get
[01:41:37.000 --> 01:41:43.560]  that attorney to cough it up oh that shouldn't be too hard at all do you have pre-litigation
[01:41:43.560 --> 01:41:50.760]  discovery in indiana yes yes i mean does in federal court you've got it in federal
[01:41:50.760 --> 01:41:56.680]  and in texas we have it it's a 202 rules of civil procedure you if you have
[01:41:56.680 --> 01:42:02.200]  pre-litigation discovery then you can petition the court to grant pre-litigation discovery
[01:42:06.200 --> 01:42:08.200]  yes yeah we have discovery
[01:42:10.200 --> 01:42:16.200]  okay so so do your homework and try not to let too much out of the bag there's more here
[01:42:16.200 --> 01:42:23.080]  oh i'm not if if they've done this to you and you have reason to believe they've done this to other
[01:42:23.080 --> 01:42:34.120]  people you can sue them for in your own behalf and in the behalf of all others similarly situated
[01:42:35.400 --> 01:42:44.840]  yeah raise your claim considerable yeah so if this has been a pattern of
[01:42:44.840 --> 01:42:53.960]  improper conduct you may be able to correct the conduct benefit your citizens that like you have
[01:42:53.960 --> 01:43:02.120]  been harmed and make a lot of money in the process yeah because this has happened to me
[01:43:02.920 --> 01:43:09.640]  more than once about 10 years ago not the exact same situation but similar where the court couldn't
[01:43:09.640 --> 01:43:15.560]  find the case and i had to get it off my credit report but it was over something different
[01:43:17.000 --> 01:43:24.840]  you're going to have to develop the attitude of a coondog and keep digging and keep sniffing around
[01:43:24.840 --> 01:43:33.400]  and keep searching yeah okay you got to know this it's very unlikely this is some kind of mistake
[01:43:33.400 --> 01:43:41.800]  it's very unlikely this is some kind of mistake not if it's especially sad but first figure out
[01:43:41.800 --> 01:43:47.880]  what is really going on when you start digging and these pieces start falling into place you
[01:43:47.880 --> 01:43:56.520]  may be surprised what you dig up okay we're about to go to break randy kelton little law radio
[01:43:56.520 --> 01:44:04.280]  we'll be right back you feel tired when talking about important topics like money and politics
[01:44:04.280 --> 01:44:09.000]  are you confused by words like the constitution or the federal reserve what if so you may be
[01:44:09.000 --> 01:44:15.000]  diagnosed with the deadliest disease known today stupidity hi my name is steve holt and like
[01:44:15.000 --> 01:44:20.440]  millions of other americans i was diagnosed with stupidity at an early age i had no idea that the
[01:44:20.440 --> 01:44:25.160]  number one cause of the disease is found in almost every home in america the television
[01:44:25.160 --> 01:44:30.680]  unfortunately that puts most americans at risk of catching stupidity but there is hope the staff
[01:44:30.680 --> 01:44:35.320]  at brave new books have helped me and thousands of other foxaholics suffering from sports zombieism
[01:44:35.320 --> 01:44:40.600]  recover and because of brave new books i now enjoy reading and watching educational documentaries
[01:44:40.600 --> 01:44:46.520]  without feeling tired or uninterested so if you or anybody you know suffers from stupidity then you
[01:44:46.520 --> 01:44:55.080]  need to call 512-480-2503 or visit them in 1904 guadalupe or brave new bookstore.com side effects
[01:44:55.080 --> 01:44:58.600]  from using brave new books products may include discernment in enlarged vocabulary and an overall
[01:44:58.600 --> 01:45:04.920]  increase in mental functioning are you the plaintiff or defendant in a lawsuit win your case
[01:45:04.920 --> 01:45:11.080]  without an attorney with jurisdictionary the affordable easy to understand four cd course
[01:45:11.080 --> 01:45:18.280]  that will show you how in 24 hours step by step if you have a lawyer know what your lawyer should
[01:45:18.280 --> 01:45:24.120]  be doing if you don't have a lawyer know what you should do for yourself thousands have won
[01:45:24.120 --> 01:45:31.080]  with our step-by-step course and now you can too jurisdictionary was created by a licensed attorney
[01:45:31.080 --> 01:45:37.320]  with 22 years of case winning experience even if you're not in a lawsuit you can learn what
[01:45:37.320 --> 01:45:43.400]  everyone should understand about the principles and practices that control our american courts
[01:45:43.400 --> 01:45:51.080]  you'll receive our audio classroom video seminar tutorials forms for civil cases pro se tactics
[01:45:51.080 --> 01:45:59.320]  and much more please visit rule of law radio.com and click on the banner or call toll free 866
[01:45:59.320 --> 01:46:11.320]  law easy
[01:46:29.320 --> 01:46:52.360]  okay we are back randy kelton deborah stevens rule of law radio jeff had to go
[01:46:52.360 --> 01:47:01.720]  but we're talking to doug in indiana doug as i'm listening to your case you know i'm thinking
[01:47:01.720 --> 01:47:10.600]  about the kinds of cases that i've been through and yours is starting out that has the appearance
[01:47:10.600 --> 01:47:19.080]  of something that could grow into a really substantial claim yeah that's what i'm thinking
[01:47:19.080 --> 01:47:26.200]  at you sound like you're kind of savvy so you kind of understand what's going on
[01:47:27.480 --> 01:47:29.800]  one thing about the clerk when i go to the clerk
[01:47:31.400 --> 01:47:38.440]  i expect the clerk to have what she's required to have and if she doesn't have what she's required
[01:47:38.440 --> 01:47:46.760]  to have she's denying me and my rights i got a claim against her yeah and i've gotten real
[01:47:46.760 --> 01:47:53.800]  careful how i ask for stuff if if i'm trying to dig information out to get what i need
[01:47:55.480 --> 01:48:03.800]  i don't i try to be i try to misdirect i don't want them to know what i'm asking for i just
[01:48:03.800 --> 01:48:17.160]  filed with a city here in texas my uh scope and content come request it essentially asks for every
[01:48:17.160 --> 01:48:23.960]  record that they have not only see the content of the record i want the name of the record
[01:48:25.080 --> 01:48:30.120]  i want to know every record you have where you keep it how you keep it what medium you keep it in
[01:48:30.120 --> 01:48:37.800]  keep it in what the nomenclature for it is who i would contact to request that record i once had a
[01:48:37.800 --> 01:48:43.160]  captain on the sheriff's department in the county i live in spent eight hours with me going through
[01:48:43.160 --> 01:48:50.760]  every record they kept and he said mr kelton you would just tell me what you're looking for
[01:48:51.320 --> 01:48:57.800]  i could narrow this down considerably and i said yes mark you could but if i told you what i was
[01:48:57.800 --> 01:49:04.760]  looking for and then i didn't find it i get your point mr kelton we will continue
[01:49:07.080 --> 01:49:12.280]  in that case i found what i was looking for and it was really ugly but i didn't tell the clerk of
[01:49:12.280 --> 01:49:20.440]  the court that the attorney has a copy of the case but what i'm see when i was talking to her paralegal
[01:49:20.440 --> 01:49:26.680]  she let it slip that they was getting ready to serve me next week so i think oh i'm pretty
[01:49:26.680 --> 01:49:33.160]  certain what this guy was going to do is try to collect twice on the same judgment oh wonderful
[01:49:35.480 --> 01:49:37.240]  oh i like it when they screw up
[01:49:39.800 --> 01:49:43.960]  and the real estate settlement procedures act requires it may be
[01:49:45.960 --> 01:49:52.360]  might be the truth in lending act one of them requires that i think it's real estate procedures
[01:49:52.360 --> 01:50:01.560]  settlement procedures act requires that they keep their records keep records in such a way as to
[01:50:01.560 --> 01:50:11.000]  avoid errors so they can't come to you and claim and a honest mistake
[01:50:13.480 --> 01:50:19.720]  in that in that they can't make a mistake that harms you and make it harmless by saying it was
[01:50:19.720 --> 01:50:28.760]  an honest mistake well i've told the judge more than one occasion that it would be ludicrous for
[01:50:28.760 --> 01:50:35.400]  you to claim harmless error or ignorance of the law when the average person out on the street can't
[01:50:35.400 --> 01:50:46.840]  do so oh write this down you will love of this case if i get in front of a judge or a public official
[01:50:46.840 --> 01:50:54.280]  and they claim that they were misinformed about the law they were ignorant they
[01:50:54.280 --> 01:51:00.680]  they weren't aware of the law they're screwed screws v us
[01:51:03.000 --> 01:51:12.040]  yeah look that up put down screws v us at page 109 it's i think it's 365 us 91 if i remember right
[01:51:12.040 --> 01:51:22.840]  right screws verse us screws screws v us and at page 109 it says that ignorant that a
[01:51:22.840 --> 01:51:30.440]  a citizen cannot claim ignorance of the law as a defense to prosecution the public official is held
[01:51:30.440 --> 01:51:36.120]  to a much higher standard and i'm paraphrasing here it's a long-winded if a public official
[01:51:36.120 --> 01:51:49.880]  violates a ruling of this court and he be saying he may not be heard to say he knows not what he does
[01:51:51.720 --> 01:52:02.600]  yeah that was a holy macro that doesn't just say that they must know what the law says they must
[01:52:02.600 --> 01:52:12.040]  also know all of the case law referring to that law so they got to fully understand their position
[01:52:12.600 --> 01:52:19.640]  unlike you you have to know what the law says but you can claim good faith's reliance if you
[01:52:21.960 --> 01:52:30.280]  follow the what's written on the face of the law but violate something based on a supreme court
[01:52:30.280 --> 01:52:37.560]  ruling as a citizen you're not held to that higher standard but a public official is yeah
[01:52:38.680 --> 01:52:46.600]  yeah i've used screws is it screws is 1945 case it's still good law yeah go ahead something along
[01:52:46.600 --> 01:52:53.880]  that somewhere lying over driving off suspended back 20 years ago or they were i got 12 of them
[01:52:53.880 --> 01:53:02.440]  and beat them all good then this is what this is what the show is about it's trying to get more
[01:53:02.440 --> 01:53:11.080]  and more people just like you the only way we're going to get our system back is that if people
[01:53:11.080 --> 01:53:19.240]  just like you and me go in there and take it back our public officials are not going to give it back
[01:53:19.240 --> 01:53:26.840]  to us and they're not going to go down easy so if we can get a bunch of folks out here to
[01:53:28.040 --> 01:53:31.960]  learn how to go after them we can get a lot of this straightened out
[01:53:34.120 --> 01:53:39.560]  well do you have you seen the youtube videos uh carl
[01:53:41.800 --> 01:53:47.000]  i can't think his last name now it's called kick ass constitution man he was a former vet
[01:53:47.000 --> 01:53:55.800]  and he's got him i used my case similar to his i started with simon marbert versus madison and
[01:53:55.800 --> 01:54:03.160]  my way down shuttlesworth versus alabama and a bunch of others no i don't recognize that name
[01:54:03.960 --> 01:54:12.440]  yeah but i probably should it'd be nice to get a lot of these people together and let's get a
[01:54:12.440 --> 01:54:21.000]  plan together but i don't know him i don't know if he's still around anymore but i've got a pretty
[01:54:21.720 --> 01:54:28.440]  solid ironclad constitutional case over that no license stuff because i had one in a long time
[01:54:30.520 --> 01:54:38.680]  i haven't had you know i've got a license and uh i have a i'm registered with the
[01:54:38.680 --> 01:54:44.680]  department of transportation whenever a police officer stops me the first thing i ask him to do
[01:54:44.680 --> 01:54:52.040]  is run my name on the dot because if they run my name on the dot they'll find that i'm registered
[01:54:52.040 --> 01:55:02.760]  with the department of transportation as a private operator not in commerce they have public notice
[01:55:02.760 --> 01:55:09.640]  yes i was with the woman at work for me and i we had to take a detour through a church park
[01:55:09.640 --> 01:55:16.040]  parking lot it was the official detour and i come out in the middle of a school zone well i didn't
[01:55:16.040 --> 01:55:22.200]  know i was in a school zone so i pulled out and started to come up to speed in his car in front
[01:55:22.200 --> 01:55:27.400]  of me was just poking i moved over around him and then i saw the sign so i hit the brakes and slowed
[01:55:27.400 --> 01:55:33.800]  back down cop pulled me over he was sitting there waiting for people to do that so he pulled me over
[01:55:33.800 --> 01:55:40.200]  first thing i told him run my name on the dot before you start writing in the tickets he came
[01:55:40.200 --> 01:55:47.000]  back and he said today's your lucky day our computers are down and gave me a warning my
[01:55:47.000 --> 01:55:55.080]  employee was furious i said he's a liar he ran my name he saw that i was registered as a private
[01:55:55.080 --> 01:56:04.440]  operator and he knew i would stand so yeah that works i just filed a brief or a
[01:56:06.040 --> 01:56:10.920]  challenge to subject matter jurisdiction and tomorrow i will read the part of that
[01:56:11.640 --> 01:56:20.840]  in the traffic code that demonstrates that almost nobody in texas can enforce the traffic laws
[01:56:20.840 --> 01:56:29.960]  it's absolutely ludicrous when you read it it has a list it says a county a county sheriff can
[01:56:29.960 --> 01:56:40.520]  appoint up to five people to enforce the transportation code and those five people must be
[01:56:41.080 --> 01:56:47.080]  registered with the department of transportation and in order to get registered in order to apply
[01:56:47.080 --> 01:56:55.800]  for registrar mission they must be in a city of two million people adjacent a port
[01:56:56.760 --> 01:57:06.200]  a county of three million there's a whole list of stuff it says a city of under 8500 people can
[01:57:06.200 --> 01:57:20.440]  enforce the traffic code if they are in a county on the gulf of mexico that is adjacent to a county
[01:57:21.080 --> 01:57:27.960]  of 3.1 million or more that's two counties in texas one on each side of houston
[01:57:27.960 --> 01:57:35.560]  in texas one on each side of houston the whole thing is it's written that way to single out
[01:57:35.560 --> 01:57:44.760]  you have to be on a port you have to to be you can be in a county of 35 000 if there is an
[01:57:44.760 --> 01:57:53.000]  international airport and there are no uh federal highways in the county
[01:57:53.000 --> 01:58:00.040]  what kind of weirdness is that the whole thing is that way so nobody can enforce
[01:58:02.200 --> 01:58:08.200]  but i haven't you know we spot these kinds of pleadings i'm going to try to get these out
[01:58:08.920 --> 01:58:18.280]  where we take their law cram their law down in their rooms that's what i do all the time i read
[01:58:18.280 --> 01:58:24.600]  their statutes and throw it back at them that's that's exactly the way to do it thank you very
[01:58:24.600 --> 01:58:31.320]  much doug and don't be a stranger we are out of time tonight this is randy kelton david steven
[01:58:31.320 --> 01:58:37.000]  rule of our radio our call in number five one i'm not going to get that uh we'll be back tomorrow
[01:58:37.000 --> 01:58:43.800]  night on our four hour info info marathon so if you have a question or comment tomorrow night's
[01:58:43.800 --> 01:58:48.600]  a good night to call early recall the better because it builds up toward the end thank you see
[01:58:50.360 --> 01:58:56.840]  bibles for america is offering absolutely free a unique study bible called the new testament
[01:58:56.840 --> 01:59:02.280]  recovery version the new testament recovery version has over 9 000 footnotes that explain
[01:59:02.280 --> 01:59:08.680]  what the bible says verse by verse helping you to know god and to know the meaning of life order
[01:59:08.680 --> 01:59:18.040]  your free copy today from bibles for america call us toll free at 888-551-0102 or visit us online
[01:59:18.040 --> 01:59:26.200]  at bfa.org this translation is highly accurate and it comes with over 13 000 cross references
[01:59:26.200 --> 01:59:31.960]  plus charts and maps and an outline for every book of the bible this is truly a bible you can
[01:59:31.960 --> 01:59:37.160]  understand to get your free copy of the new testament recovery version call us toll free
[01:59:37.160 --> 01:59:49.080]  at 888-551-0102 that's 888-551-0102 or visit us online at bfa.org
[01:59:49.080 --> 02:00:04.520]  you're listening to the logos radio network at logosradionetwork.com