ROL_2009-10-02_16k_Hr3-4.timecode

[00:00.000 --> 00:05.720]  This news brief brought to you by the International News Net.
[00:05.720 --> 00:11.120]  U.S. District Judge Alvin Helstein ruled Wednesday the CIA doesn't have to release hundreds of
[00:11.120 --> 00:17.840]  documents related to the destruction of videotapes of 9-11 detainee interrogations that used
[00:17.840 --> 00:18.840]  harsh methods.
[00:18.840 --> 00:24.560]  Helstein said he felt obliged to let the CIA decide what should be released.
[00:24.560 --> 00:30.240]  A Senate committee voted Tuesday to restore $50 million a year in federal funding for
[00:30.240 --> 00:32.680]  abstinence-only education.
[00:32.680 --> 00:37.880]  An alternate measure would make money available for education on contraception and sexually
[00:37.880 --> 00:43.040]  transmitted diseases in addition to abstinence also passed.
[00:43.040 --> 00:48.400]  Barack Obama has said he wants to see the world eventually eliminate nuclear weapons.
[00:48.400 --> 00:53.800]  But the National Nuclear Security Administration continues to push a program to expand two
[00:53.800 --> 01:00.160]  existing nuclear plants allowing them to produce new plutonium pits and new bomb parts out
[01:00.160 --> 01:10.920]  of enriched uranium for a possible new generation of nuclear bombs.
[01:10.920 --> 01:16.440]  The Environmental Protection Agency took steps for the first time Wednesday to control emissions
[01:16.440 --> 01:21.400]  blamed for global warming from power plants, factories and refineries.
[01:21.400 --> 01:26.880]  The EPA proposal would require polluters to reduce six greenhouse gases by installing
[01:26.880 --> 01:32.720]  the best available technology and improve energy efficiency whenever a facility is significantly
[01:32.720 --> 01:34.600]  changed or built.
[01:34.600 --> 01:40.160]  The rule applies to any industrial plant that emits at least 25,000 tons of greenhouse gases
[01:40.160 --> 01:41.800]  a year.
[01:41.800 --> 01:46.480]  These large sources are responsible for 70% of greenhouse gas emissions released in the
[01:46.480 --> 01:47.480]  US.
[01:47.480 --> 01:52.440]  EPA Administrator Lisa Jackson said, �By using the power and authority of the Clean
[01:52.440 --> 01:57.720]  Air Act, we can begin reducing emissions from the nation�s largest greenhouse gas emitting
[01:57.720 --> 02:03.400]  facilities without placing an undue burden on businesses that make up the vast majority
[02:03.400 --> 02:09.440]  of our economy.� Senate Republicans are attempting to block the EPA from issuing regulations
[02:09.440 --> 02:14.440]  to buy time for Congress to work on a bill.
[02:14.440 --> 02:20.520]  Peter Galbraith, top American at the UN mission in Afghanistan, was fired Wednesday after
[02:20.520 --> 02:26.080]  refusing to take part in what he called a �cover-up� of fraud in the Afghan election.
[02:26.080 --> 02:31.960]  Galbraith left the country abruptly last month after a clash with his Norwegian boss, Kai
[02:31.960 --> 02:32.960]  Ida.
[02:32.960 --> 02:37.080]  Galbraith said, �I was not prepared to be complicit in a cover-up or in an effort to
[02:37.080 --> 02:41.720]  downplay the fraud that took place.� The row between Galbraith and Ida goes to the
[02:41.720 --> 02:47.240]  core of international strategy in Afghanistan and has split the UN mission there.
[02:47.240 --> 02:53.160]  Galbraith said that before the August 20 election, he wanted to minimize fraud by eliminating
[02:53.160 --> 02:59.000]  ghost polling stations in Taliban-held territory, but Ida rejected the proposal.
[02:59.000 --> 03:11.720]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:11.720 --> 03:24.720]  talk radio at its best.
[03:24.720 --> 03:45.240]  I received my remedy today, came in a box, just like to say I accepted it for value right
[03:45.240 --> 03:46.240]  away.
[03:46.240 --> 03:49.240]  It's not sooner, not later.
[03:49.240 --> 03:59.240]  We are originators and the pathway seems to get straighter every day and I can take anything
[03:59.240 --> 04:04.240]  that belongs to me and put it to good use.
[04:04.240 --> 04:30.000]  All right, whatever is good for the gander is good for the goose.
[04:30.000 --> 04:35.960]  All right, that's exactly what we're talking about right here on this show with our guest
[04:35.960 --> 04:40.240]  Mike Maris and we've got Jim and Jessica on the line.
[04:40.240 --> 04:41.240]  That's all so far.
[04:41.240 --> 04:46.240]  So callers, if you all want to call in and ask Mike some questions, now is your chance.
[04:46.240 --> 04:52.240]  But right before we go to the calls, Mike, you wanted to finish up talking about this
[04:52.240 --> 04:54.440]  deposition and the settlement.
[04:54.440 --> 04:55.440]  Right.
[04:55.440 --> 04:56.440]  Six hours.
[04:56.440 --> 05:01.440]  Yeah, the depo was something I wanted to go through because I had never been through one
[05:01.440 --> 05:07.720]  before and I wanted to be able to speak from experience to know what happens and I'm glad
[05:07.720 --> 05:08.720]  I did it.
[05:08.720 --> 05:09.720]  It started at nine o'clock in the morning.
[05:09.720 --> 05:13.560]  We took an hour break for lunch and came back and finished and it was just a matter of sitting
[05:13.560 --> 05:19.340]  at a table and again it was just myself and the defendant's attorney and the stenographer
[05:19.340 --> 05:23.560]  and nobody took a baseball bat out or a hammer or anything like that.
[05:23.560 --> 05:30.040]  That didn't happen and you just discuss the case and the points you're arguing and they
[05:30.040 --> 05:31.720]  asked some questions.
[05:31.720 --> 05:35.040]  They pulled some fancy stuff that they tried to get me to do.
[05:35.040 --> 05:37.080]  I stopped them pretty quick.
[05:37.080 --> 05:41.320]  When we first did the interrogatories, they asked me to produce, what do you hear this
[05:41.320 --> 05:42.320]  folks?
[05:42.320 --> 05:50.040]  They asked me to produce copies of the fronts and backs of all my credit cards that I've
[05:50.040 --> 05:53.640]  had for the past 10 years.
[05:53.640 --> 05:57.280]  Copies of the fronts and backs of my credit cards.
[05:57.280 --> 06:00.760]  They don't have any right to that.
[06:00.760 --> 06:04.920]  But when you're in a court of law and they're asking interrogatories, they can pretty much
[06:04.920 --> 06:07.040]  ask what they want to do.
[06:07.040 --> 06:08.040]  So can you.
[06:08.040 --> 06:12.800]  It's a two way street.
[06:12.800 --> 06:18.520]  That's pretty hazardous, making copies of your credit cards and giving them to somebody.
[06:18.520 --> 06:21.440]  I mean what if they lost it, oh my god.
[06:21.440 --> 06:26.520]  Everybody can access your credit card information, the little number on the back and oh my god.
[06:26.520 --> 06:34.440]  Well this dumb pro se litigant got a hold of the judge and asked for a protection order.
[06:34.440 --> 06:37.320]  Order of protection.
[06:37.320 --> 06:45.640]  Judge Johnston, who was the judge on the case, came back and says you know what, you're right.
[06:45.640 --> 06:47.680]  You're not going to do that.
[06:47.680 --> 06:53.520]  And you've got any questions, they go back two years, not 10 years, because that's the
[06:53.520 --> 06:59.880]  length of the Fair Credit Reporting Act, time training, two years, okay.
[06:59.880 --> 07:05.480]  Okay, not bad for no nothing pro se, okay.
[07:05.480 --> 07:07.480]  Judge said no, you're not going to do that.
[07:07.480 --> 07:08.480]  Hold on.
[07:08.480 --> 07:09.480]  Hold the credit bureau.
[07:09.480 --> 07:12.600]  Okay, and you think they're going to go up against what the judge says no?
[07:12.600 --> 07:16.520]  I don't think so, anyhow.
[07:16.520 --> 07:20.640]  The Supreme Court thing you asked me about before, how long you want to do this, that's
[07:20.640 --> 07:26.240]  you know, good point and I don't want to spend the next six, seven years with the credit
[07:26.240 --> 07:30.240]  bureau in court because they've got the money to appeal this stuff and they're going to
[07:30.240 --> 07:31.240]  do it.
[07:31.240 --> 07:37.160]  Two months later they made another offer to settle and I accepted it, but here's the irony
[07:37.160 --> 07:41.080]  of all this folks, here's the irony, it's really unbelievable.
[07:41.080 --> 07:46.800]  About two years later, one of the other guys I know that's in this group that I belong
[07:46.800 --> 07:52.240]  to, he decides to sue the same credit bureau.
[07:52.240 --> 07:58.800]  And guess who the attorney was representing that credit bureau?
[07:58.800 --> 08:03.400]  The same guy I had.
[08:03.400 --> 08:08.280]  So now you're even more prepared because you know, you can talk, here's what the guy's
[08:08.280 --> 08:13.240]  like, here's what you've got to do, and it's the same thing in every one of these cases,
[08:13.240 --> 08:15.040]  it just amazes me.
[08:15.040 --> 08:19.240]  And I asked my friend the day that he settled with them, I said, when you settle before
[08:19.240 --> 08:25.360]  you go out the door, why don't you just turn around and say to the guy, hey, Mike Mears
[08:25.360 --> 08:32.560]  says hello, and I'd love to be the fly on the wall again to see the reaction years later.
[08:32.560 --> 08:35.520]  And he did it, and he did it, okay?
[08:35.520 --> 08:39.920]  And the guy kind of like went to attention and the eyes opened and kind of squinted a
[08:39.920 --> 08:45.200]  little bit, he told me, and then he says, oh, yeah, tell him I said hi.
[08:45.200 --> 08:51.600]  Can you imagine what that guy was asking or thinking?
[08:51.600 --> 08:53.600]  You guys set me up.
[08:53.600 --> 08:59.160]  The old story's not what you know, too, you know, isn't it?
[08:59.160 --> 09:00.720]  Oh, yeah.
[09:00.720 --> 09:01.720]  Excellent.
[09:01.720 --> 09:06.520]  Okay, Mike, would you like to take some calls now?
[09:06.520 --> 09:08.120]  Sure, absolutely, anytime.
[09:08.120 --> 09:10.640]  Okay, we're going to go to Jim in Texas.
[09:10.640 --> 09:12.160]  Jim, thanks for calling in.
[09:12.160 --> 09:13.880]  What is your question for our guest?
[09:13.880 --> 09:17.880]  Well, I just had a quick question.
[09:17.880 --> 09:23.840]  He had quoted a case earlier, I think Spears versus Brenner, an Indiana case.
[09:23.840 --> 09:24.840]  Brennan.
[09:24.840 --> 09:25.840]  Brennan?
[09:25.840 --> 09:26.840]  Yeah.
[09:26.840 --> 09:30.440]  Because I was trying to pull it up and couldn't pull it up.
[09:30.440 --> 09:32.040]  Is it B-R-E-N-N-E-N?
[09:32.040 --> 09:36.120]  Yeah, just a second, I'll give you exactly what it is.
[09:36.120 --> 09:40.840]  I pulled it up off Lexus while we were talking.
[09:40.840 --> 09:42.640]  It's an Indiana case.
[09:42.640 --> 09:43.640]  Yep.
[09:43.640 --> 09:49.320]  Court of Appeals case.
[09:49.320 --> 09:50.320]  Federal or state?
[09:50.320 --> 09:53.080]  It was an Indiana state case.
[09:53.080 --> 09:54.080]  Okay.
[09:54.080 --> 10:01.840]  Well, I like that case because it gives an honest opinion about what validates a debt.
[10:01.840 --> 10:05.840]  Yeah, and that's what I was looking to see.
[10:05.840 --> 10:08.440]  I'm real interested in it.
[10:08.440 --> 10:10.240]  You will send me an email.
[10:10.240 --> 10:11.240]  I will email.
[10:11.240 --> 10:12.240]  Oh, you can pull it up yourself.
[10:12.240 --> 10:15.240]  Well, I've actually got lowest loss, so I can pull it up.
[10:15.240 --> 10:16.240]  You can do that or I can email it to you.
[10:16.240 --> 10:19.240]  I'll have it here in a second.
[10:19.240 --> 10:26.080]  But I mean, last week we had a little discussion about, I think it was last week or earlier
[10:26.080 --> 10:30.400]  this week, about similar to the same topic.
[10:30.400 --> 10:37.520]  I went ahead and pulled down copies of the Fair Debt Collection Act and several different
[10:37.520 --> 10:40.440]  things and really read through it.
[10:40.440 --> 10:48.880]  It's a lot more interesting than you realize when you start actually reading what it says.
[10:48.880 --> 10:56.720]  It doesn't say anything in there about if you owe $1,000, you can't dispute anything
[10:56.720 --> 11:00.600]  or you can't ask for validation or if you owe a million dollars, you can't ask for any
[11:00.600 --> 11:01.600]  of this stuff, does it?
[11:01.600 --> 11:02.600]  I don't know.
[11:02.600 --> 11:07.040]  It specifically says that if you've got disputes, that you have the right to dispute them and
[11:07.040 --> 11:09.920]  they have to answer within a certain amount of time.
[11:09.920 --> 11:10.920]  Yeah.
[11:10.920 --> 11:11.920]  Okay.
[11:11.920 --> 11:12.920]  Okay.
[11:12.920 --> 11:13.920]  Here's your address.
[11:13.920 --> 11:14.920]  Yes, sir.
[11:14.920 --> 11:19.920]  745 Northeast, Sec 2D, 862.
[11:19.920 --> 11:22.920]  745 Northeast.
[11:22.920 --> 11:23.920]  Second.
[11:23.920 --> 11:24.920]  Second.
[11:24.920 --> 11:25.920]  862.
[11:25.920 --> 11:26.920]  862.
[11:26.920 --> 11:33.920]  It's a 2001 case, so it's not so recent.
[11:33.920 --> 11:34.920]  Okay.
[11:34.920 --> 11:35.920]  Yep.
[11:35.920 --> 11:40.200]  But no, this is very interesting to me because I've been trying to help my son with some
[11:40.200 --> 11:41.200]  stuff on this.
[11:41.200 --> 11:45.920]  You're one of those jurors on that jury I was talking about.
[11:45.920 --> 11:46.920]  Yes, sir.
[11:46.920 --> 11:47.920]  Yes.
[11:47.920 --> 11:53.120]  And if you listen to our show, this is exactly where we go to.
[11:53.120 --> 11:54.720]  We don't want to go to the merits.
[11:54.720 --> 11:55.720]  No.
[11:55.720 --> 12:00.600]  We want to go to the law defining how these people will conduct themselves.
[12:00.600 --> 12:01.600]  Yes.
[12:01.600 --> 12:07.440]  Once we get past that point, if they can get through all of the due process, then we go
[12:07.440 --> 12:08.440]  to the merits.
[12:08.440 --> 12:10.920]  And so far, I've never got to the merits.
[12:10.920 --> 12:15.840]  If you look at it, there's no way you're getting to the merits if you've got judges looking
[12:15.840 --> 12:17.840]  at what's going on.
[12:17.840 --> 12:18.840]  Exactly.
[12:18.840 --> 12:30.520]  My son's was on a bank account, a deposit that he made at the bank on time, but they
[12:30.520 --> 12:39.680]  didn't credit it for several days, so we sent a letter to the bank demanding certain information,
[12:39.680 --> 12:44.920]  all records that corresponded with anything that corresponded with that, whether they
[12:44.920 --> 12:53.240]  be electronic, telephone records, or anything else, and they sent back basically a printout,
[12:53.240 --> 12:55.640]  and that's all they sent back.
[12:55.640 --> 13:01.160]  And basically, the printout showed that he was right, not them.
[13:01.160 --> 13:10.680]  But in the contract with the bank, it states that you can't challenge this in a court of
[13:10.680 --> 13:11.680]  law.
[13:11.680 --> 13:14.920]  It has to go through mediation.
[13:14.920 --> 13:24.080]  So they then reported it to the credit agency and turned it into a collection without offering
[13:24.080 --> 13:25.080]  him mediation.
[13:25.080 --> 13:26.080]  Yep.
[13:26.080 --> 13:28.360]  So I said, this is perfect.
[13:28.360 --> 13:29.360]  Yep.
[13:29.360 --> 13:32.520]  I mean, they're the ones that violated their own contract.
[13:32.520 --> 13:36.840]  Yeah, and now you're in a situation where you don't even have to talk about any monies
[13:36.840 --> 13:38.320]  that were involved.
[13:38.320 --> 13:40.080]  Absolutely.
[13:40.080 --> 13:48.880]  It's actually what Randy calls, and I think is perfect, basically a contort, basically.
[13:48.880 --> 13:53.800]  It's a contract violation and a tort issue.
[13:53.800 --> 13:58.360]  And really, who cares how it gets resolved as long as it gets resolved?
[13:58.360 --> 13:59.360]  Right.
[13:59.360 --> 14:00.360]  And that's what your goal is, OK?
[14:00.360 --> 14:05.240]  And if you've got to bring them in under another law because they don't comply with it and
[14:05.240 --> 14:10.000]  force them to the table to talk and to resolve it, well, then that's what you've got to do.
[14:10.000 --> 14:12.720]  Yeah, and this is really good.
[14:12.720 --> 14:20.840]  I mean, I will help him pursue this to whatever means we need.
[14:20.840 --> 14:25.360]  And it's just that the banks, they do what they want, no matter what you request.
[14:25.360 --> 14:32.080]  But we requested in writing, you know, through certified mail, and they responded what they
[14:32.080 --> 14:33.080]  responded to.
[14:33.080 --> 14:35.720]  So let me ask you a question.
[14:35.720 --> 14:36.720]  Yes, sir.
[14:36.720 --> 14:43.160]  When they responded back to you, OK, with that little printout that they sent you that
[14:43.160 --> 14:47.560]  said, here's the information, did they send that to your certified mail and make you sign
[14:47.560 --> 14:48.560]  for it?
[14:48.560 --> 14:49.560]  Oh, absolutely not.
[14:49.560 --> 14:50.560]  And we requested that it be signed.
[14:50.560 --> 14:54.920]  Oh, well, that they must have sent it FedEx and had you sign for it.
[14:54.920 --> 14:55.920]  Uh-huh.
[14:55.920 --> 14:56.920]  DSL?
[14:56.920 --> 14:57.920]  UPS.
[14:57.920 --> 14:58.920]  I know UPS.
[14:58.920 --> 15:05.960]  So my question to you, because you've got to become an SOB in this stuff, because they
[15:05.960 --> 15:14.640]  are and nobody does anything to them, my question to you is, what letter?
[15:14.640 --> 15:21.000]  We did send a response back, you know, so their response was a non-response.
[15:21.000 --> 15:27.760]  I'm going to say one thing to everyone on this call, you ask for validation one time
[15:27.760 --> 15:31.880]  and you dispute one time, you don't ask for it again.
[15:31.880 --> 15:35.800]  Be able to prove that you asked for it once and that's it.
[15:35.800 --> 15:41.080]  Yeah, and they can't prove the thing in anything.
[15:41.080 --> 15:45.440]  You don't want a positive answer to something you don't want an answer to.
[15:45.440 --> 15:46.440]  Right.
[15:46.440 --> 15:47.440]  OK?
[15:47.440 --> 15:48.440]  I understand.
[15:48.440 --> 15:49.680]  Well, that's what I wanted.
[15:49.680 --> 15:53.760]  I needed to find that case because I was trying to find it and I guess I just had the wrong
[15:53.760 --> 15:54.760]  thing.
[15:54.760 --> 15:57.040]  But I do appreciate your information.
[15:57.040 --> 16:05.320]  You're very helpful and to Randy, Deborah and Eddie, I look forward to seeing you guys
[16:05.320 --> 16:06.320]  at the seminar.
[16:06.320 --> 16:07.320]  Oh, you're coming to the seminar.
[16:07.320 --> 16:08.320]  Excellent.
[16:08.320 --> 16:09.320]  Oh, absolutely.
[16:09.320 --> 16:14.320]  Yeah, you should have gotten my check back if it wasn't for that.
[16:14.320 --> 16:15.320]  OK, yes, I did.
[16:15.320 --> 16:16.320]  I did.
[16:16.320 --> 16:24.560]  And I got Juris Dictionary and we already had it, but I think I'm going to try to donate
[16:24.560 --> 16:25.560]  it to somebody.
[16:25.560 --> 16:27.560]  Well, that's very sweet.
[16:27.560 --> 16:28.560]  All right.
[16:28.560 --> 16:29.560]  Wonderful.
[16:29.560 --> 16:31.280]  You guys take care and thanks a lot.
[16:31.280 --> 16:38.080]  We really appreciate it because Juris Dictionary is supporting the seminar and it's very much
[16:38.080 --> 16:39.080]  appreciated.
[16:39.080 --> 16:40.080]  All right, well, take care.
[16:40.080 --> 16:43.320]  OK, we're going to take more of your calls when we get back on the other side.
[16:43.320 --> 16:45.840]  This is the rule of law.
[16:45.840 --> 16:52.600]  Randy Kelton, Deborah Stevens, Eddie Craig, special guest, Mike Maris, we'll be right
[16:52.600 --> 16:53.600]  back.
[16:53.600 --> 16:54.600]  Hello, Austin.
[16:54.600 --> 16:55.600]  My name is Harlan Deidre, owner of Brave New Books, a local independent bookstore here
[16:55.600 --> 16:56.600]  in town.
[16:56.600 --> 16:57.600]  Many of you are familiar with the bookstore and have attended some of our events.
[16:57.600 --> 16:58.600]  We've been proud to host speakers like Alex Jones, Ron Hall, Jim Mars, Katherine Albert,
[16:58.600 --> 16:59.600]  Webster Carpley, and many others.
[16:59.600 --> 17:00.600]  We're very excited to have you here.
[17:00.600 --> 17:01.600]  Thank you.
[17:01.600 --> 17:02.600]  Thank you.
[17:02.600 --> 17:03.600]  Thank you.
[17:03.600 --> 17:04.600]  Thank you.
[17:04.600 --> 17:05.600]  Thank you.
[17:05.600 --> 17:06.600]  Thank you.
[17:06.600 --> 17:07.600]  Thank you.
[17:07.600 --> 17:08.600]  Thank you.
[17:08.600 --> 17:09.600]  Thank you.
[17:09.600 --> 17:10.600]  Thank you.
[17:10.600 --> 17:11.600]  Thank you.
[17:11.600 --> 17:12.600]  Thank you.
[17:12.600 --> 17:13.600]  Thank you.
[17:13.600 --> 17:16.180]  educating others can also be hard to find materials.
[17:16.180 --> 17:23.840]  We're going to need to help spreading the word about the bookstore.
[17:23.840 --> 17:39.080]  Please tell your friends and family about the wide variety of materials we offer.
[17:39.080 --> 17:43.120]  We also have DVD duplication capabilities for all you activists.
[17:43.120 --> 17:47.720]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[17:47.720 --> 17:49.820]  Remember, you vote with your dollars.
[17:49.820 --> 17:51.220]  We're counting on you, Austin.
[17:51.220 --> 17:58.420]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[17:58.420 --> 18:00.220]  Thank you, everyone.
[18:02.720 --> 18:05.220]  Well, don't let nothing get to you.
[18:05.220 --> 18:07.720]  Only the Father can't deliver you.
[18:07.720 --> 18:14.120]  So don't let bad-minded people hurt you until Satan gets behind you.
[18:14.120 --> 18:17.320]  Know what I mean, my friend?
[18:17.320 --> 18:18.520]  I'm all at your service.
[18:18.520 --> 18:42.520]  A couple of Austin guys, my friend, telling you problems and things, calling his name once a day, every time you know you're saying, Austin guys, my friend, telling you problems and things, calling his name once a day, every time you know you're saying.
[18:42.520 --> 18:49.120]  Okay, we are back.
[18:49.120 --> 18:50.720]  Rule of law?
[18:50.720 --> 18:53.220]  All right, we are taking your calls.
[18:53.220 --> 19:07.720]  Jessica, if you would hold tight, we're going to take this one call out of order, Kenny from California, because he's on the road and he pulled over to talk to us and he didn't want to be going through some checkpoint or something while he's on the phone with us.
[19:07.720 --> 19:10.420]  What kind of checkpoint is this, Kenny?
[19:10.420 --> 19:21.320]  Well, you've got the border patrol checkpoint at Las Cruces where they routinely subject people to unconstitutional searches.
[19:21.320 --> 19:22.720]  Okay, all right.
[19:22.720 --> 19:25.720]  I'm planning on, yeah, I anticipate something happening.
[19:25.720 --> 19:26.720]  Okay, all right.
[19:26.720 --> 19:27.920]  Well, we'll get into that later.
[19:27.920 --> 19:30.120]  Yeah, what is your question for our guest?
[19:30.120 --> 19:34.720]  Thanks to Jessica, and thanks to all of you for having Mike on.
[19:34.720 --> 19:35.920]  I've heard Mike before, he's great.
[19:35.920 --> 19:36.520]  Thanks, Mike.
[19:36.520 --> 19:37.520]  Thank you.
[19:37.520 --> 19:45.420]  I just real quickly wanted to say after all of the grief that Randy's given me, I've decided to move back to Texas, so I'm on the road now.
[19:45.420 --> 19:49.720]  You know, he's made me feel so bad about living in California.
[19:49.720 --> 19:52.220]  Yeah, he choked out and moved to California.
[19:52.220 --> 19:55.120]  Nobody should have to make you feel bad about doing that.
[19:55.120 --> 19:58.220]  That should have been a self-awareness thing.
[19:58.220 --> 19:59.720]  Yeah.
[19:59.720 --> 20:19.520]  Okay, so on point here, I won't give Mike too much of the details, but I've got a judgment situation civil third-party collection deal that I'm going to be moving forward with a federal civil case.
[20:19.520 --> 20:30.520]  And I had a couple questions about that, and I was going to ask you if you thought that I should go after the plaintiff or the attorney firm whenever I file in a civil case in federal court.
[20:30.520 --> 20:32.020]  Yep.
[20:32.020 --> 20:34.020]  Which one, plaintiff or attorney firm or both?
[20:34.020 --> 20:39.320]  I'm assuming the plaintiff is a creditor?
[20:39.320 --> 20:44.120]  Plaintiff is a third-party debt collection company, CACH.
[20:44.120 --> 20:47.720]  Yeah, and who are they representing?
[20:47.720 --> 20:52.020]  Well, they were representing Bank One, which later became, what, Chase and whomever.
[20:52.020 --> 20:56.320]  And is Bank One in your credit report?
[20:56.320 --> 21:03.120]  Bank One's on a credit report, and now CACHD plaintiff in the case is on a credit report as well.
[21:03.120 --> 21:04.720]  Get ready to kill them.
[21:04.720 --> 21:05.820]  Both of them?
[21:05.820 --> 21:08.220]  Oh, yeah, because that's what you do.
[21:08.220 --> 21:21.720]  You will send a dispute letter to the creditor disputing the credit line, and you'll send a validation letter to the debt collector and a dispute letter to the credit bureau, as I extracted before.
[21:21.720 --> 21:22.820]  Okay?
[21:22.820 --> 21:30.620]  Now, keep in mind, this is already, I've already made all my mistakes at the state level in California, lost, and there's a judgment.
[21:30.620 --> 21:31.520]  Yep.
[21:31.520 --> 21:32.420]  That's okay.
[21:32.420 --> 21:34.120]  It has nothing to do with a judgment.
[21:34.120 --> 21:36.420]  It's a scene you've got to get that out of your mind.
[21:36.420 --> 21:37.220]  Yeah, okay, right.
[21:37.220 --> 21:41.820]  Money out of your mind, because that's not what's involved here, my friend.
[21:41.820 --> 21:48.020]  It is data violation of the laws, not any alleged debt that you owe.
[21:48.020 --> 21:49.120]  Right, okay.
[21:49.120 --> 21:57.120]  So the point is you dispute with the creditor, you validate with the debt collector, and you dispute with the credit bureau.
[21:57.120 --> 21:59.920]  Three things got to happen.
[21:59.920 --> 22:03.520]  The validation has got to, they got to prove you owe something.
[22:03.520 --> 22:06.320]  They got to send you something, prove it.
[22:06.320 --> 22:15.520]  The creditor has got to do the same thing, which I'm willing to bet if they want, because it's been charged off and closed, but yet they're still reporting it.
[22:15.520 --> 22:20.420]  And the credit bureau has got to do an investigation.
[22:20.420 --> 22:35.120]  So you would, you would, I would name, I would name the creditor as the co-defendant, the debt collector as the defendant, and here's why.
[22:35.120 --> 22:43.220]  When you get them into that federal court, and they've got to go back to their customer and say, you know what?
[22:43.220 --> 22:48.920]  We're in federal court over this thing, and you're going to have to provide witnesses for depositions.
[22:48.920 --> 22:51.920]  How do you think that's going to fly?
[22:51.920 --> 23:01.720]  And then my next question is, you're bank one, and this collection agency spurred up and is causing you to be brought into a civil action in federal court.
[23:01.720 --> 23:07.420]  How much more business do you think you want to give them so you can get called in there again?
[23:07.420 --> 23:09.620]  Hmm, interesting, huh?
[23:09.620 --> 23:17.020]  Right, so I can still, I can still request validation and, what was it you said earlier?
[23:17.020 --> 23:24.420]  You said validation and, I'm losing my train of thought, sorry.
[23:24.420 --> 23:29.020]  There were two things you were saying that I should, but I can go, I can do that after a judgment's already been rendered.
[23:29.020 --> 23:36.820]  Oh, yeah. There's nothing, see, if you read the law, there's nothing that says if you have a judgment, you can't dispute stuff.
[23:36.820 --> 23:39.820]  Where does it say that in the law? It doesn't say that.
[23:39.820 --> 23:45.620]  Mike, could he get the judgment overturned through this process?
[23:45.620 --> 23:49.620]  Well, that's exactly, well, I can answer that, yes. The answer is yes.
[23:49.620 --> 23:56.620]  Yeah, you sure can. I had my gentleman up in Rhode Island had one just like that.
[23:56.620 --> 24:01.620]  Not only did he get the judgment turned, not turned over, but totally dismissed.
[24:01.620 --> 24:08.020]  He had to go back to the court with the defendant's attorney who he sued, who was the debt collector, open the case.
[24:08.020 --> 24:11.620]  And the judge said to him, what do you want to do?
[24:11.620 --> 24:15.020]  We've reopened the case and so we want to, you know, void it.
[24:15.020 --> 24:17.620]  We want to totally take it out, get rid of it.
[24:17.620 --> 24:20.520]  And the judge looked at him and said, well, why are you doing that?
[24:20.520 --> 24:22.620]  Because we have a judgment in federal court.
[24:22.620 --> 24:24.820]  Oh, the judge says, oh, yeah, right away, we'll take care of it.
[24:24.820 --> 24:29.220]  Totally disappeared and paid the guy $4,000 to go away.
[24:29.220 --> 24:30.220]  Wow.
[24:30.220 --> 24:32.220]  Yeah, that's what I'm looking for.
[24:32.220 --> 24:34.820]  I'm looking for a little payoff and it goes away.
[24:34.820 --> 24:41.220]  The rest of that question was, do you think I should go after the attorney firm that was involved in this as well?
[24:41.220 --> 24:42.820]  Oh, of course.
[24:42.820 --> 24:44.620]  Oh, so all three of them.
[24:44.620 --> 24:50.620]  So I would be filing a civil case against the creditor, the plaintiff, and the attorney firm?
[24:50.620 --> 24:53.820]  Well, is the attorney a debt collector? Yes.
[24:53.820 --> 24:55.820]  Well, yes, he is.
[24:55.820 --> 25:04.820]  But now, you're suggesting I could file a civil case against the original creditor even though they didn't bring the action and they weren't really involved.
[25:04.820 --> 25:08.820]  They were just, some of their copies were used as supposed evidence.
[25:08.820 --> 25:09.820]  Okay.
[25:09.820 --> 25:13.820]  Well, you know, I try to keep it as simple as possible.
[25:13.820 --> 25:15.820]  So I would say the debt collector, make them hire.
[25:15.820 --> 25:19.820]  Is he in town where you live, the debt collector?
[25:19.820 --> 25:25.820]  No, I was living in Southern California and the debt collector is C-A-C-H is in Denver.
[25:25.820 --> 25:26.820]  Uh-huh.
[25:26.820 --> 25:27.820]  L-L-C is in Denver.
[25:27.820 --> 25:29.820]  Yeah, I know that.
[25:29.820 --> 25:30.820]  Yeah, the attorney.
[25:30.820 --> 25:32.820]  I heard about six years ago.
[25:32.820 --> 25:33.820]  Yeah.
[25:33.820 --> 25:38.820]  They're part of C-A-Collect America, something called Collect America, C-A-D-C or something like that.
[25:38.820 --> 25:40.820]  They're evidently notorious.
[25:40.820 --> 25:41.820]  I know them.
[25:41.820 --> 25:45.820]  I had them in court six, seven years ago.
[25:45.820 --> 25:48.820]  The attorney firm was out of Sacramento.
[25:48.820 --> 25:49.820]  Yep, California.
[25:49.820 --> 25:52.820]  Well, that means if you're moving to Texas now and you take it down there,
[25:52.820 --> 25:56.820]  they're going to have to hire attorneys in Texas to represent them in the federal court there.
[25:56.820 --> 25:57.820]  Right, exactly.
[25:57.820 --> 25:58.820]  And I think that's probably even better.
[25:58.820 --> 25:59.820]  You rack up the bills, boy.
[25:59.820 --> 26:00.820]  You rack up the bills.
[26:00.820 --> 26:01.820]  Exactly.
[26:01.820 --> 26:03.820]  I'm thinking that's a plus for me.
[26:03.820 --> 26:10.820]  Do you, is there anywhere, like a website or anywhere where you know of where I might find examples just to look at?
[26:10.820 --> 26:14.820]  I think I could write it, but some examples of a federal civil case format.
[26:14.820 --> 26:19.820]  Well, you can go look at mine in Pacer if you have access to Pacer.
[26:19.820 --> 26:20.820]  Okay.
[26:20.820 --> 26:21.820]  Well, I'll get access.
[26:21.820 --> 26:22.820]  Okay.
[26:22.820 --> 26:24.820]  And that will take you into the courts.
[26:24.820 --> 26:27.820]  And you can get my name now right from the show here, I'm sure.
[26:27.820 --> 26:35.820]  And you can do a query in there, or a quarry, however you want to pronounce it, and query my last name.
[26:35.820 --> 26:42.820]  And it will query every federal case in the United States, or you can do it by district, whatever.
[26:42.820 --> 26:44.820]  And you'll see them come back.
[26:44.820 --> 26:47.820]  You'll see about the, you'll see the six cases come back that I add.
[26:47.820 --> 26:49.820]  And I can't stop you from doing that.
[26:49.820 --> 26:50.820]  It's public knowledge.
[26:50.820 --> 26:51.820]  It's there.
[26:51.820 --> 26:53.820]  It's there for the public to see.
[26:53.820 --> 26:56.820]  So you can see my complaints and what they look like.
[26:56.820 --> 26:57.820]  Cool.
[26:57.820 --> 26:58.820]  Dr. Ken.
[26:58.820 --> 27:00.820]  M-I-R-R-A-N.
[27:00.820 --> 27:03.820]  He's got Pacer, and he can query.
[27:03.820 --> 27:04.820]  M-I-R-R-A-N?
[27:04.820 --> 27:05.820]  I won't say query yet.
[27:05.820 --> 27:06.820]  Right.
[27:06.820 --> 27:07.820]  Okay, got it.
[27:07.820 --> 27:08.820]  All right.
[27:08.820 --> 27:12.820]  Now, ask me what nationality that is.
[27:12.820 --> 27:16.820]  Merus, Merus.
[27:16.820 --> 27:19.820]  I would be hesitant to guess on that, Merus.
[27:19.820 --> 27:23.820]  It has maybe like, oh, is it Lebanese?
[27:23.820 --> 27:24.820]  No, close.
[27:24.820 --> 27:27.820]  But no, it's actually, it's Greek descent.
[27:27.820 --> 27:29.820]  Okay, well, not too far off.
[27:29.820 --> 27:30.820]  And I have a fond thing.
[27:30.820 --> 27:33.820]  When somebody asked me that one night, I got thinking about that.
[27:33.820 --> 27:37.820]  And I said, oh, yeah, my grandmother was from Athens.
[27:37.820 --> 27:43.820]  I was obviously born here in the United States, naturalized citizen and natural born citizen
[27:43.820 --> 27:45.820]  and second generation.
[27:45.820 --> 27:50.820]  My grandmother was born in Athens, and my grandfather was a Spartan.
[27:50.820 --> 27:52.820]  And then I always remember what they used to say.
[27:52.820 --> 27:55.820]  We will block out the sun with arrows.
[27:55.820 --> 27:56.820]  That's okay.
[27:56.820 --> 27:57.820]  We'll fight in the shade.
[27:57.820 --> 27:58.820]  No problem.
[27:58.820 --> 28:02.820]  I'm used to the Greek names just like, you know, Papadopoulos and stuff like that.
[28:02.820 --> 28:03.820]  Right.
[28:03.820 --> 28:08.820]  Thanks a lot, Mark, thanks again to Jessica for allowing me to slip in there.
[28:08.820 --> 28:09.820]  Sure.
[28:09.820 --> 28:11.820]  And thank you guys for the great show.
[28:11.820 --> 28:12.820]  It's good stuff tonight.
[28:12.820 --> 28:13.820]  I appreciate it.
[28:13.820 --> 28:18.820]  And we'll be talking to you again soon.
[28:18.820 --> 28:19.820]  Yep.
[28:19.820 --> 28:20.820]  Okay, thanks.
[28:20.820 --> 28:21.820]  Okay, excellent.
[28:21.820 --> 28:22.820]  Thank you.
[28:22.820 --> 28:23.820]  Thanks very much, Deborah.
[28:23.820 --> 28:24.820]  Thank you, Kenny.
[28:24.820 --> 28:25.820]  Okay, and thank you, Jessica.
[28:25.820 --> 28:28.820]  Thank you very much for patiently holding.
[28:28.820 --> 28:30.820]  Okay, Jessica, thanks for calling in.
[28:30.820 --> 28:32.820]  What is your question for our guest?
[28:32.820 --> 28:43.820]  My question is when the credit card company charges off the amount and they collect the insurance,
[28:43.820 --> 28:52.820]  is there some type of double jeopardy that they can get into that you can use to further your case?
[28:52.820 --> 28:55.820]  Well, I know exactly what you're talking about.
[28:55.820 --> 29:00.820]  I was going to bring that up in the conversation later on about how there is no debt, okay,
[29:00.820 --> 29:05.820]  or alleged debt because they've got reimbursed for it by insurance
[29:05.820 --> 29:10.820]  and or written it off their income tax, their business income tax.
[29:10.820 --> 29:12.820]  But good question.
[29:12.820 --> 29:15.820]  To my knowledge, you could probably go there.
[29:15.820 --> 29:22.820]  But it's a tough case because I think what would happen is they're going to avoid any way they can
[29:22.820 --> 29:25.820]  to admitting that they've got reimbursed for this thing.
[29:25.820 --> 29:28.820]  I am not, and I'm not saying it can't be done.
[29:28.820 --> 29:30.820]  I don't know how to go there.
[29:30.820 --> 29:37.820]  I think what they're going to say about the insurance is that the insurance is not a reimbursement,
[29:37.820 --> 29:43.820]  but it say it was like just a debt that the insurance company owed them
[29:43.820 --> 29:46.820]  because they insured that this wouldn't happen.
[29:46.820 --> 29:50.820]  It's like if you get something stolen, it's insured the insurance company pays you.
[29:50.820 --> 29:52.820]  If they recover it, you get it back.
[29:52.820 --> 29:53.820]  Okay, listen, we're going on break.
[29:53.820 --> 29:54.820]  We'll be right back.
[29:54.820 --> 29:56.820]  Jessica, hang on the line.
[29:56.820 --> 29:57.820]  This is the rule of law.
[29:57.820 --> 30:02.820]  Callers 512-646-1984.
[30:02.820 --> 30:05.820]  Are you the plaintiff or defendant in a lawsuit?
[30:05.820 --> 30:09.820]  Win your case without an attorney with Jurisdictionary, the affordable,
[30:09.820 --> 30:16.820]  easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[30:16.820 --> 30:20.820]  If you have a lawyer, know what your lawyer should be doing.
[30:20.820 --> 30:24.820]  If you don't have a lawyer, know what you should do for yourself.
[30:24.820 --> 30:29.820]  Our children have won with our step by step course, and now you can too.
[30:29.820 --> 30:35.820]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[30:40.820 --> 30:44.820]  about the principles and practices that control our American courts.
[30:44.820 --> 30:51.820]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[30:51.820 --> 30:57.820]  tactics, and much more. Please visit ruleoflawradio.com and click on the banner
[30:57.820 --> 31:22.820]  or call toll free, 866-LAW-EZ.
[31:22.820 --> 31:40.820]  Okay, you're not going to pull the wool over our eyes anymore.
[31:40.820 --> 31:43.820]  Okay, we're speaking with Jessica in Texas.
[31:43.820 --> 31:45.820]  Okay, Jessica, go ahead.
[31:45.820 --> 31:48.820]  I basically answered my question,
[31:48.820 --> 31:53.820]  and so I would like to say that your show is getting better and better and better,
[31:53.820 --> 31:56.820]  and I'm going to be at the seminar.
[31:56.820 --> 31:58.820]  Oh, thank you.
[31:58.820 --> 32:04.820]  And I want to tell you that I actually do not go out on a lot of Friday nights
[32:04.820 --> 32:07.820]  to stay home and listen to you, and I am single.
[32:07.820 --> 32:09.820]  Oh, well, thank you.
[32:09.820 --> 32:11.820]  We appreciate that.
[32:11.820 --> 32:16.820]  You know, it's kind of interesting how we started doing this late night Friday night thing.
[32:16.820 --> 32:20.820]  I mean, back when we were on We the People Radio Network,
[32:20.820 --> 32:24.820]  our show was on Thursday and Friday nights 8 to 10,
[32:24.820 --> 32:29.820]  and, you know, that would leave me plenty of time to go do gigs and stuff like that
[32:29.820 --> 32:31.820]  because, you know, I'm in the band and everything,
[32:31.820 --> 32:38.820]  and the person who had the 10 to midnight show basically gave it up.
[32:38.820 --> 32:42.820]  He couldn't do it anymore, and so he was missing a lot of shows,
[32:42.820 --> 32:46.820]  and so the producer was calling us up frequently saying,
[32:46.820 --> 32:48.820]  hey, can you guys extend your show another two hours?
[32:48.820 --> 32:49.820]  Can you?
[32:49.820 --> 32:50.820]  Do you have enough material?
[32:50.820 --> 32:53.820]  Because, you know, we're tired of running archives,
[32:53.820 --> 32:56.820]  and so eventually we ended up just taking over the slot,
[32:56.820 --> 32:58.820]  and now it's like our most popular night.
[32:58.820 --> 33:01.820]  We get more streams on the Friday nights than any other night,
[33:01.820 --> 33:05.820]  so I'm glad people are listening, committed and listening.
[33:05.820 --> 33:06.820]  That's awesome.
[33:06.820 --> 33:07.820]  Thanks, Jessica.
[33:07.820 --> 33:08.820]  Thank you. Bye-bye.
[33:08.820 --> 33:10.820]  Okay, we'll see you at the seminar.
[33:10.820 --> 33:11.820]  Yep.
[33:11.820 --> 33:16.820]  Okay, we have Rodney from Texas now, and callers, we've got to open phone lines,
[33:16.820 --> 33:19.820]  so call on in if you want to ask Mike a question.
[33:19.820 --> 33:24.820]  Wealth of information here, 512-646-1984.
[33:24.820 --> 33:25.820]  Rodney, thanks for calling in.
[33:25.820 --> 33:28.820]  What is your question for our guest?
[33:28.820 --> 33:32.820]  Yeah, I wanted to know, Credit Union,
[33:32.820 --> 33:40.820]  did they fall into the same truth and meaning laws that Mike has been referencing
[33:40.820 --> 33:44.820]  because I've had a run-in with Credit Union who actually told me
[33:44.820 --> 33:48.820]  that they weren't under those laws?
[33:48.820 --> 33:52.820]  What did you have to say about that?
[33:52.820 --> 33:56.820]  Are they in your credit report, sir?
[33:56.820 --> 33:57.820]  Yes, they are.
[33:57.820 --> 33:59.820]  They're under the law.
[33:59.820 --> 34:09.820]  Any person, any person who reports to those credit bureaus is governed by the law.
[34:09.820 --> 34:10.820]  Okay.
[34:10.820 --> 34:11.820]  All right.
[34:11.820 --> 34:12.820]  Yep.
[34:12.820 --> 34:20.820]  Okay, and now, does this information also work for companies or corporations
[34:20.820 --> 34:24.820]  that keep their own in-house accounts?
[34:24.820 --> 34:26.820]  Good question.
[34:26.820 --> 34:30.820]  Yeah, in other words, they have a debt collection group attached to them.
[34:30.820 --> 34:32.820]  Is that what you're saying?
[34:32.820 --> 34:33.820]  Yes.
[34:33.820 --> 34:39.820]  Now, we've run into that, and the debt collection does not.
[34:39.820 --> 34:45.820]  They're not actually considered a debt collector under the Debt Collection Practices Act
[34:45.820 --> 34:47.820]  if they're owned by the same company.
[34:47.820 --> 34:49.820]  So you have two courses of action there.
[34:49.820 --> 34:54.820]  One, you just, a lot of times they have their in-house debt collectors
[34:54.820 --> 34:56.820]  trying to collect this for several months,
[34:56.820 --> 35:01.820]  and then when they don't get anywheres, they sell the accounts to an outside debt collector.
[35:01.820 --> 35:03.820]  One thing you can do is wait for that to happen.
[35:03.820 --> 35:09.820]  However, if they're a creditor, they're probably in that credit report,
[35:09.820 --> 35:11.820]  so go after them under a fair credit.
[35:11.820 --> 35:16.820]  It can do better with fair credit because it's per violation.
[35:16.820 --> 35:19.820]  And I haven't talked about that under debt collection
[35:19.820 --> 35:25.820]  because under debt collection it's generally considered, although it's not in stone,
[35:25.820 --> 35:32.820]  that all you can collect is $1,000 per case, but I'll expand on that later.
[35:32.820 --> 35:38.820]  Well, that answers my question because that kind of is the situation I ran into
[35:38.820 --> 35:42.820]  as an in-house debt collection group,
[35:42.820 --> 35:48.820]  and they seem to harass just as bad as some of the larger ones.
[35:48.820 --> 35:49.820]  Oh, yeah.
[35:49.820 --> 35:52.820]  Thank you for your time and courtesy.
[35:52.820 --> 35:55.820]  Absolutely. Thank you for calling in.
[35:55.820 --> 35:58.820]  Okay. Right now we have open phone lines,
[35:58.820 --> 36:03.820]  which is an unusual situation here for Friday night.
[36:03.820 --> 36:09.820]  So until we get more callers, Mike, did you want to embark on a new topic or, Randy,
[36:09.820 --> 36:12.820]  do you all have questions or comments?
[36:12.820 --> 36:15.820]  I had a question on the previous caller.
[36:15.820 --> 36:21.820]  If a company has an in-house collection company,
[36:21.820 --> 36:29.820]  aren't they governed by some set of standards or are they just allowed free rank?
[36:29.820 --> 36:32.820]  They are considered the creditor.
[36:32.820 --> 36:37.820]  So going back again, they would fall under fair credit reporting.
[36:37.820 --> 36:38.820]  Okay?
[36:38.820 --> 36:43.820]  My understanding is, and I've been through this several times,
[36:43.820 --> 36:48.820]  that the internal credit collection outfit that's,
[36:48.820 --> 36:52.820]  let's say you're dealing with Citibank and Citibank collections,
[36:52.820 --> 36:57.820]  it's still part of Citibank, they are part of the creditor,
[36:57.820 --> 37:02.820]  and they're not construed as a debt collector.
[37:02.820 --> 37:08.820]  So what restrictions or standards do they fall under?
[37:08.820 --> 37:10.820]  Practically none.
[37:10.820 --> 37:11.820]  Practically none.
[37:11.820 --> 37:13.820]  That's a hole in the system.
[37:13.820 --> 37:14.820]  Okay.
[37:14.820 --> 37:17.820]  So then we just go back to civil tort, where?
[37:17.820 --> 37:18.820]  Right.
[37:18.820 --> 37:19.820]  You go back to that.
[37:19.820 --> 37:21.820]  You go back to fair credit reporting.
[37:21.820 --> 37:25.820]  Again, you just dispute it and see what they do.
[37:25.820 --> 37:27.820]  See if they do the right things.
[37:27.820 --> 37:32.820]  And if they don't, well, that's too bad, and most of the time they don't.
[37:32.820 --> 37:35.820]  So if they're an in-house,
[37:35.820 --> 37:44.820]  and we have a set of standards that define fair practices for third-party debt collectors,
[37:44.820 --> 37:49.820]  and there are no statutes addressing the in-house collectors,
[37:49.820 --> 37:55.820]  should we not be able to migrate the statute from the third-party debt collector?
[37:55.820 --> 38:00.820]  Since the activities and the potential harm is essentially the same,
[38:00.820 --> 38:04.820]  it's just that the legislature hasn't addressed the one issue.
[38:04.820 --> 38:05.820]  Right.
[38:05.820 --> 38:06.820]  Yeah, I understand what you're saying,
[38:06.820 --> 38:12.820]  but I'm very, very sure that the in-house debt collector won't sue you, okay,
[38:12.820 --> 38:15.820]  and won't take you to court.
[38:15.820 --> 38:18.820]  They will hire some debt collector on the outside to do that
[38:18.820 --> 38:22.820]  because there is some type of restriction, and I'm not familiar with it,
[38:22.820 --> 38:24.820]  that prevents them from doing that.
[38:24.820 --> 38:28.820]  But I do know for a fact that you can't go after, I mean, you can.
[38:28.820 --> 38:29.820]  You can do whatever you want.
[38:29.820 --> 38:33.820]  I've never been there to go after an in-house debt collector,
[38:33.820 --> 38:37.820]  collection group that's part of a creditor.
[38:37.820 --> 38:42.820]  What I, because of action, I would take is I'd go after the creditor,
[38:42.820 --> 38:46.820]  and then when I drug them into court, that would all stop.
[38:46.820 --> 38:48.820]  All that stuff from their in-house collection,
[38:48.820 --> 38:52.820]  and that would all stop because that would all be part of the settlement agreement,
[38:52.820 --> 38:53.820]  and so on and so forth.
[38:53.820 --> 39:00.820]  How do you make the claim against the creditor if their own people are harassing you?
[39:00.820 --> 39:01.820]  If there's no standards?
[39:01.820 --> 39:07.820]  I'm assuming that the account is in default or there's something wrong, okay?
[39:07.820 --> 39:12.820]  If the creditor, if the collection agency of the creditor is after you,
[39:12.820 --> 39:17.820]  I'm assuming the account is in arrears or it's been charged off
[39:17.820 --> 39:21.820]  or no payments have been made, whatever, okay?
[39:21.820 --> 39:23.820]  And if that's the case,
[39:23.820 --> 39:29.820]  the creditor still has responsibility to do certain things when challenged, okay?
[39:29.820 --> 39:32.820]  So you raise the challenge to the creditor,
[39:32.820 --> 39:37.820]  and then when the creditor's collection people keep moving ahead
[39:37.820 --> 39:43.820]  in violation of the restrictions once the debt is challenged,
[39:43.820 --> 39:46.820]  for instance, like it doesn't, they don't take it off your credit,
[39:46.820 --> 39:49.820]  then you just move directly against the creditor itself.
[39:49.820 --> 39:57.820]  That isn't going to happen because the creditor will be the one who takes it off, okay,
[39:57.820 --> 39:59.820]  who will instruct the, when you win the case,
[39:59.820 --> 40:02.820]  the creditor's going to instruct the creditor to remove that.
[40:02.820 --> 40:07.820]  If you haven't won yet, if you've challenged the debt,
[40:07.820 --> 40:12.820]  don't they have to stop reporting?
[40:12.820 --> 40:13.820]  Well, that's a good question.
[40:13.820 --> 40:16.820]  Internally, I'm not sure what an internal creditor,
[40:16.820 --> 40:25.820]  I do know that an external creditor must cease collection until validation is provided, okay?
[40:25.820 --> 40:31.820]  And if they don't provide validation of the debt, that's a violation.
[40:31.820 --> 40:34.820]  Generally, they don't answer you at all.
[40:34.820 --> 40:39.820]  But if they don't answer when you ask for validation, they must cease collection.
[40:39.820 --> 40:40.820]  The law is very clear.
[40:40.820 --> 40:42.820]  It says that in there, exactly, those words.
[40:42.820 --> 40:46.820]  They must cease collection if they don't validate.
[40:46.820 --> 40:49.820]  So does that go to in-house as well?
[40:49.820 --> 40:52.820]  Again, I'm a little hesitant to answer in the affirmative
[40:52.820 --> 40:57.820]  because I have not gone up against an in-house collection agency, okay?
[40:57.820 --> 40:59.820]  But, you know, there's a first line for everything.
[40:59.820 --> 41:06.820]  So if we don't have it, at least we could make this argument that what is fair is fair.
[41:06.820 --> 41:07.820]  Yeah.
[41:07.820 --> 41:12.820]  It's pretty rare that these companies have in-house collection agencies, isn't it?
[41:12.820 --> 41:13.820]  Pretty much.
[41:13.820 --> 41:14.820]  You don't see that too much.
[41:14.820 --> 41:18.820]  They usually sell with debt off because they want to recoup the funds and move on, you know.
[41:18.820 --> 41:22.820]  But, of course, they don't get any money from the debt collectors.
[41:22.820 --> 41:26.820]  But they do, but it's pennies on a dollar.
[41:26.820 --> 41:34.820]  The point is that, and I'm not discouraging you from doing this, you can try it.
[41:34.820 --> 41:38.820]  And here's my argument, because I've been up against these lawyers,
[41:38.820 --> 41:45.820]  debt collection attorneys, and I've taken a debt collector into court for $8,000 in violations.
[41:45.820 --> 41:52.820]  And the attorney will sit there and say to you, you know, you can only get $1,000.
[41:52.820 --> 41:57.820]  And, you know, the law says it's $1,000 per case for debt collection cases.
[41:57.820 --> 41:59.820]  For fair credit, it's per violation.
[41:59.820 --> 42:02.820]  Debt collection is $1,000 per case.
[42:02.820 --> 42:08.820]  The law is not exactly clear, and there have been many cases where more monies were given.
[42:08.820 --> 42:15.820]  But here's my answer to that attorney if he started that with me and I told him this.
[42:15.820 --> 42:21.820]  Okay, you say you can only get $1,000 because the debt collection practices act violation.
[42:21.820 --> 42:25.820]  Right. My answer is quite simple.
[42:25.820 --> 42:30.820]  Why do we let the judge and jury decide?
[42:30.820 --> 42:34.820]  And for some reason they seem to go off on another tangent.
[42:34.820 --> 42:37.820]  They don't want to talk about that.
[42:37.820 --> 42:43.820]  So my answer to you is you can try it and see what the heck the judge and jury says.
[42:43.820 --> 42:45.820]  See if they want to go there.
[42:45.820 --> 42:48.820]  Make it cost the Bishop for them to do this.
[42:48.820 --> 42:51.820]  Maybe they'll get religion and go away pretty quick.
[42:51.820 --> 42:52.820]  Okay?
[42:52.820 --> 42:55.820]  Good. Okay, our call board is really stacked up.
[42:55.820 --> 42:57.820]  Yes, but wait a minute.
[42:57.820 --> 43:01.820]  Before we start going to the calls, I have a question from our call screener.
[43:01.820 --> 43:07.820]  He asked his question before the caller started calling in.
[43:07.820 --> 43:09.820]  So his question is next.
[43:09.820 --> 43:15.820]  He wants to know, our call screener Steve Skidmore actually has a show on this network on Thursday nights,
[43:15.820 --> 43:17.820]  the endless fraud detection.
[43:17.820 --> 43:29.820]  He wants to know if you treat the Discover credit card any differently from the other credit cards.
[43:29.820 --> 43:36.820]  He says something about they're part of Sears and that Sears is treated differently a lot of times as a creditor.
[43:36.820 --> 43:42.820]  So, well, you can answer that question on the other side and then we'll go to the callers.
[43:42.820 --> 43:43.820]  I'll be glad to.
[43:43.820 --> 43:44.820]  Okay, great, awesome.
[43:44.820 --> 43:45.820]  All right, we'll be right back.
[43:45.820 --> 43:47.820]  This is the rule of law.
[43:47.820 --> 43:51.820]  Randy Kelton, Deborah Stevens, Eddie Craig, Mike Maris.
[43:51.820 --> 43:55.820]  And you can get his CD at yourremedyisinthelaw.com.
[43:55.820 --> 43:59.820]  We'll talk about that more on the other side.
[43:59.820 --> 44:00.820]  We'll be right back.
[44:00.820 --> 44:01.820]  Attention.
[44:01.820 --> 44:09.820]  An important product from hempusa.org, micro plant powder, will change your life by removing all types of positive toxins,
[44:09.820 --> 44:16.820]  such as heavy metals, parasites, bacteria, viruses, and fungus from the digestive tract and stomach wall so you can absorb nutrients.
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[44:25.820 --> 44:31.820]  This product has the ability to rebuild cartilage and bone, which allows synovial fluid to return to the joints.
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[44:43.820 --> 44:46.820]  And with an unlimited shelf life, you can store it anywhere.
[44:46.820 --> 44:51.820]  Call 908-691-2608 or visit hempusa.org.
[44:51.820 --> 44:53.820]  It's a great way to change your life.
[44:53.820 --> 45:01.820]  So call 908-691-2608 or visit us at hempusa.org today.
[45:01.820 --> 45:30.820]  Okay, we are back.
[45:30.820 --> 45:35.820]  So before, like I said, before we start taking the rest of the calls, so what is your take?
[45:35.820 --> 45:41.820]  Is discovered treated any differently because it's part of Sears or what's the deal?
[45:41.820 --> 45:43.820]  No different whatsoever.
[45:43.820 --> 45:50.820]  Bottom line is if they're in your credit reports screwing up your credit, trying to collect people under these laws,
[45:50.820 --> 45:54.820]  Sears is not different than anybody else and neither is Discover.
[45:54.820 --> 45:55.820]  That's the bottom line.
[45:55.820 --> 45:57.820]  They're treated the same way.
[45:57.820 --> 45:58.820]  All right.
[45:58.820 --> 46:00.820]  They're treated the same way as a Visa card.
[46:00.820 --> 46:01.820]  All right.
[46:01.820 --> 46:02.820]  Very good.
[46:02.820 --> 46:03.820]  Very good.
[46:03.820 --> 46:04.820]  Okay.
[46:04.820 --> 46:05.820]  So let's go back to the call board now.
[46:05.820 --> 46:07.820]  We've got Russell in Texas.
[46:07.820 --> 46:08.820]  Russell, thanks for calling in.
[46:08.820 --> 46:10.820]  What is your question for our guest?
[46:10.820 --> 46:16.820]  Well, I got on kind of late, a little after 9, and I wasn't sure what your guest's name is and what he was talking about.
[46:16.820 --> 46:18.820]  This is Mike Maris.
[46:18.820 --> 46:20.820]  And how is that last thing spelled?
[46:20.820 --> 46:23.820]  M-I-R-R-A-S.
[46:23.820 --> 46:28.820]  Okay, because I was, like you said, got on pacer, I was trying to type an M, but I'm not getting any hits.
[46:28.820 --> 46:29.820]  That's why I was wondering.
[46:29.820 --> 46:34.820]  So, but anyway, I was wondering if you had a Web site or any contact information.
[46:34.820 --> 46:35.820]  I do.
[46:35.820 --> 46:43.820]  And, Jesus, it's funny you brought that up because Deb just asked me if I was going to push my disc and what have you.
[46:43.820 --> 46:48.820]  I also belong to another group called Your Remedy is in the Law.
[46:48.820 --> 46:51.820]  Your remedy is in the law.com.
[46:51.820 --> 46:54.820]  Your remedy is in the law.com.
[46:54.820 --> 46:57.820]  I am an information provider there.
[46:57.820 --> 46:58.820]  You can join the Web site.
[46:58.820 --> 46:59.820]  There's no cost.
[46:59.820 --> 47:03.820]  It's a matter of giving an email address, sign it up.
[47:03.820 --> 47:04.820]  It's that simple.
[47:04.820 --> 47:07.820]  You will be able to access the Web site.
[47:07.820 --> 47:09.820]  And I'm under information providers there.
[47:09.820 --> 47:12.820]  And there is a hard disc.
[47:12.820 --> 47:14.820]  And this is the first of three discs.
[47:14.820 --> 47:16.820]  I'm working on the other two.
[47:16.820 --> 47:21.820]  The first one is called How to Beat Debt Collectors or How to Stop Debt Collectors.
[47:21.820 --> 47:22.820]  Okay?
[47:22.820 --> 47:29.820]  And it's 52 pages and it takes you through this whole process step by step by step.
[47:29.820 --> 47:31.820]  I've written it in very simple language.
[47:31.820 --> 47:37.820]  I've got documents up there that shows you what a federal court case looks like.
[47:37.820 --> 47:45.820]  I've got references to PACER, references to the Federal Trade Commission, explanations of terms,
[47:45.820 --> 47:49.820]  and so on and so forth, and even how to file the case in federal court,
[47:49.820 --> 47:51.820]  the necessary forms that you'll get there,
[47:51.820 --> 47:56.820]  and how to access them from your home and your underwear while you're drinking coffee,
[47:56.820 --> 47:59.820]  and get all this stuff even before you go into the courtroom,
[47:59.820 --> 48:04.820]  and how to file it in the whole nine yards and get you up to 26F.
[48:04.820 --> 48:08.820]  That's where the court has decided that you're going to trial.
[48:08.820 --> 48:13.820]  And at that point it's going to basically stop there because every case,
[48:13.820 --> 48:16.820]  every case is a little different.
[48:16.820 --> 48:21.820]  Once you've done one of these cases, it all becomes very easy to do.
[48:21.820 --> 48:23.820]  It just becomes copy and paste.
[48:23.820 --> 48:28.820]  Copy and paste, that's all this stuff is.
[48:28.820 --> 48:29.820]  Right?
[48:29.820 --> 48:30.820]  Excellent.
[48:30.820 --> 48:31.820]  Okay.
[48:31.820 --> 48:35.820]  And you can get your CD at the Your Remedy is in the Law website.
[48:35.820 --> 48:36.820]  Absolutely.
[48:36.820 --> 48:37.820]  It's on that website.
[48:37.820 --> 48:42.820]  You can download it right away and get a copy of it very easily.
[48:42.820 --> 48:44.820]  Fantastic.
[48:44.820 --> 48:46.820]  And how much is your CD?
[48:46.820 --> 48:50.820]  I believe they put a $300 bill on the thing.
[48:50.820 --> 48:52.820]  Well, I'm sure it's worth it.
[48:52.820 --> 48:54.820]  I didn't do that.
[48:54.820 --> 48:56.820]  The owner of the website did that.
[48:56.820 --> 49:01.820]  And all I can say is it's a one-time thing.
[49:01.820 --> 49:08.820]  Once you do this once and you learn how to do it, it's the same thing every time.
[49:08.820 --> 49:13.820]  The only thing that changes is the names and the faces.
[49:13.820 --> 49:15.820]  Well, it's a very reasonable price.
[49:15.820 --> 49:17.820]  Jurisdictionary is about $250.
[49:17.820 --> 49:28.820]  We're going to be selling videos of our seminar with the information materials that Eddie and Randy have prepared for $250.
[49:28.820 --> 49:30.820]  Our seminar is $400.
[49:30.820 --> 49:38.820]  So it's a reasonable price range, especially compared with what you may be facing otherwise.
[49:38.820 --> 49:45.820]  Well, you're going to learn things in there that they don't teach in law school on how to move ahead on this stuff and what you need to do.
[49:45.820 --> 49:46.820]  I could say step by step.
[49:46.820 --> 49:48.820]  There's a validation letter in there.
[49:48.820 --> 49:50.820]  There's dispute letters in there.
[49:50.820 --> 49:52.820]  It's all done very simply.
[49:52.820 --> 49:54.820]  You can see it all.
[49:54.820 --> 49:58.820]  We talk about different points of law.
[49:58.820 --> 50:03.820]  We talk about the alleged debt that doesn't enter into the case.
[50:03.820 --> 50:12.820]  I've never had a case in federal court where a judge or anybody in official capacity has said to me, well, you had this credit card.
[50:12.820 --> 50:14.820]  You had this loan.
[50:14.820 --> 50:16.820]  It's never happened.
[50:16.820 --> 50:22.820]  That's the beauty of this because we're not there because of that.
[50:22.820 --> 50:25.820]  Are you in Texas or what state are you in?
[50:25.820 --> 50:29.820]  I'm like Next 30 in New Mexico, just south of Albuquerque.
[50:29.820 --> 50:30.820]  Oh, okay.
[50:30.820 --> 50:34.820]  So all your cases have been in New Mexico or have you been in Detroit?
[50:34.820 --> 50:42.820]  Well, in my job, my regular job, I had an opportunity to live quite a few places within the United States.
[50:42.820 --> 50:49.820]  So there are five cases out of Alabama and one case out of Iowa.
[50:49.820 --> 50:52.820]  And I had fun with that case.
[50:52.820 --> 50:54.820]  And they didn't sign a confidentiality agreement either.
[50:54.820 --> 50:56.820]  I can even talk about that.
[50:56.820 --> 51:03.820]  A company called Green Tree, I went after them and I went after the CEO of the company in one of these cases.
[51:03.820 --> 51:05.820]  And that was very recent.
[51:05.820 --> 51:09.820]  They just settled here with me maybe four or five months ago.
[51:09.820 --> 51:10.820]  I got the check.
[51:10.820 --> 51:12.820]  Well, was that over March?
[51:12.820 --> 51:15.820]  It was over.
[51:15.820 --> 51:20.820]  I think it was a misidentification because they claimed I owed some property in Arizona.
[51:20.820 --> 51:24.820]  Now, I've lived in Arizona, but I've never owned any property in Arizona.
[51:24.820 --> 51:28.820]  And they inherited this alleged loan, whatever it was.
[51:28.820 --> 51:31.820]  It was about $13,000.
[51:31.820 --> 51:35.820]  They had the wrong name on it.
[51:35.820 --> 51:36.820]  Anyhow, they inherited it.
[51:36.820 --> 51:43.820]  And they went into my credit report, I think it was, oh, late 2007, probably around September 2007.
[51:43.820 --> 51:45.820]  Here I have perfect credit and these guys show up.
[51:45.820 --> 51:47.820]  What the heck is this?
[51:47.820 --> 51:51.820]  So I challenged them and I went through the process just as I'm explaining it here.
[51:51.820 --> 51:58.820]  And I even sent a letter to the CEO of the company asking him to pull by the horns and fix this problem.
[51:58.820 --> 52:00.820]  You've got the wrong guy.
[52:00.820 --> 52:01.820]  No, no, no.
[52:01.820 --> 52:05.820]  They even answered me back and they failed to put the warning on one of the notes.
[52:05.820 --> 52:06.820]  Anyhow, I went after them.
[52:06.820 --> 52:07.820]  I forget what it was for.
[52:07.820 --> 52:10.820]  I think $184,000.
[52:10.820 --> 52:18.820]  And my intention was to, you're going to love this because this is the power you have as a plaintiff
[52:18.820 --> 52:26.820]  in a federal case, was to depose the CEO of Green Tree Financial.
[52:26.820 --> 52:28.820]  And they're up in Minneapolis, Minnesota.
[52:28.820 --> 52:37.820]  And, of course, I told the lawyer on the case that, you know, I intend to depose the CEO.
[52:37.820 --> 52:42.820]  When I did my, we did our plan, you know, it asks who you're going to depose.
[52:42.820 --> 52:44.820]  You know, how many people you're going to depose.
[52:44.820 --> 52:46.820]  And I thought I'm going to depose the CEO.
[52:46.820 --> 52:49.820]  And, of course, my plan was quite simple.
[52:49.820 --> 52:53.820]  I'm going to go up to Minneapolis, fly up, you know.
[52:53.820 --> 52:56.820]  I'm going to add the cost of the ticket to the complaint.
[52:56.820 --> 52:59.820]  I'm going to add the cost of the hotel room to the complaint.
[52:59.820 --> 53:01.820]  I'm going to add the cost of the stenographer to the complaint.
[53:01.820 --> 53:06.820]  I'm going to add the cost of the car rental to the complaint, my food and everything else
[53:06.820 --> 53:09.820]  because I had to go up there to depose this guy.
[53:09.820 --> 53:12.820]  And I'll get the little local library there.
[53:12.820 --> 53:15.820]  And, oh, by the way, the day before he's due to appear,
[53:15.820 --> 53:20.820]  I'm going to contact the local television company so that they're at the front doors of the library
[53:20.820 --> 53:25.820]  and they can show the CEO of the company coming in to be deposed in a case.
[53:25.820 --> 53:26.820]  How's that great?
[53:26.820 --> 53:28.820]  By a pro se litigant, no less.
[53:28.820 --> 53:30.820]  Yeah, okay.
[53:30.820 --> 53:32.820]  Anyhow, let me tell you a story short.
[53:32.820 --> 53:34.820]  The lawyer screwed up royally.
[53:34.820 --> 53:40.820]  We got into the interrogatories and I sent a set of interrogatories for the company
[53:40.820 --> 53:46.820]  and a set of interrogatories to the co-defendant who was the CEO of the company.
[53:46.820 --> 53:52.820]  And the attorney misplaced the interrogatories to the co-defendant
[53:52.820 --> 53:55.820]  and was late in answering the interrogatories.
[53:55.820 --> 53:57.820]  Well, there are no penalties for that.
[53:57.820 --> 54:02.820]  Normally the interrogatories are due to be responded to within 30 days.
[54:02.820 --> 54:06.820]  And this guy, again, two weeks extra or nothing, I contact him.
[54:06.820 --> 54:07.820]  He says, oh, my God.
[54:07.820 --> 54:08.820]  He says, I had him here in my email.
[54:08.820 --> 54:09.820]  I forgot to give him to the guy.
[54:09.820 --> 54:11.820]  I said, well, I'll tell you what I'm going to do.
[54:11.820 --> 54:16.820]  I'm going to file sanctions with the court because the law allows you to do that against the attorney,
[54:16.820 --> 54:21.820]  which allows the court to come in and say, okay, whatever this man,
[54:21.820 --> 54:29.820]  whatever his costs were to prepare this stuff, the documents for the sanction, okay, you got to pay him.
[54:29.820 --> 54:33.820]  You know, so a $500 bill, so he sanctions the attorney for $500.
[54:33.820 --> 54:37.820]  And oh, by the way, I'm also going to move for default judgment
[54:37.820 --> 54:44.820]  because the defendant does not act in good faith.
[54:44.820 --> 54:45.820]  And his lawyer screwed up.
[54:45.820 --> 54:47.820]  Within a week, you know, we had a settlement agreement.
[54:47.820 --> 54:50.820]  The check was in the mail.
[54:50.820 --> 54:53.820]  Aren't they part of green tree servicing?
[54:53.820 --> 54:54.820]  Yeah.
[54:54.820 --> 54:55.820]  Yeah.
[54:55.820 --> 54:57.820]  That's who we have mortgages with.
[54:57.820 --> 55:00.820]  Yeah, yeah, yeah.
[55:00.820 --> 55:03.820]  So ladies and gentlemen, go ahead.
[55:03.820 --> 55:06.820]  How long have you been pro se in federal court?
[55:06.820 --> 55:12.820]  I started this back in 2003, so six years.
[55:12.820 --> 55:18.820]  You evidently have more sympathetic federal courts than sometimes we do here.
[55:18.820 --> 55:25.820]  I've been involved in federal court here for about, I guess, 11 different cases in the last 10 years,
[55:25.820 --> 55:30.820]  and they just look at us like we're stupid and then turn around
[55:30.820 --> 55:36.820]  and call everything I do as frivolous and order me not to come into federal court anymore.
[55:36.820 --> 55:39.820]  Yeah, but you haven't been in under fair credit, have you?
[55:39.820 --> 55:43.820]  No, but the order is for anything.
[55:43.820 --> 55:45.820]  I've been there for RICO.
[55:45.820 --> 55:48.820]  I've been there for habeas purposes, several things.
[55:48.820 --> 55:56.820]  But in 2007, he just flaps out and makes an order saying that everything I've done over the years
[55:56.820 --> 56:00.820]  with every court case entered into the federal court is nothing but frivolous
[56:00.820 --> 56:05.820]  and orders me not to be able to come to federal court without his permission.
[56:05.820 --> 56:11.820]  Yeah, well, I've never run into that.
[56:11.820 --> 56:16.820]  Well, I've dealt with other people I've worked with from around the country and I've never run into that.
[56:16.820 --> 56:21.820]  You know, I've got guys up in New York, a couple of guys up there I'm very good friends with
[56:21.820 --> 56:23.820]  who've been in New York courts.
[56:23.820 --> 56:27.820]  I've got a young lady right now in Oklahoma who's in the Oklahoma court.
[56:27.820 --> 56:33.820]  I've got another gentleman in Rhode Island, and those are pretty tough areas.
[56:33.820 --> 56:38.820]  The Northeast is pretty tough, and nobody's been kicked out of the court.
[56:38.820 --> 56:39.820]  Nobody's been sanctioned.
[56:39.820 --> 56:41.820]  Nobody's been told not to ever come back there,
[56:41.820 --> 56:46.820]  and I've never been told never to come back there, okay?
[56:46.820 --> 56:49.820]  I'll give you an instance of one case I had.
[56:49.820 --> 56:55.820]  This was the Mexican income tax I talked about earlier, and that was my first mistake in court.
[56:55.820 --> 56:57.820]  I didn't, or not in court, but in the settlement.
[56:57.820 --> 57:03.820]  I didn't get a date for this to happen, okay, for the settlement agreement to be settled.
[57:03.820 --> 57:05.820]  The lawyer says, okay, we've got a settlement agreement.
[57:05.820 --> 57:09.820]  He walked away, I walked away, and a couple of weeks goes by, I don't see any check.
[57:09.820 --> 57:11.820]  I don't see the settlement agreement, nothing.
[57:11.820 --> 57:12.820]  What the heck's going on?
[57:12.820 --> 57:14.820]  I call up the lawyer's office.
[57:14.820 --> 57:15.820]  Oh, he's in Brazil.
[57:15.820 --> 57:16.820]  Oh, okay.
[57:16.820 --> 57:17.820]  This went on for a month.
[57:17.820 --> 57:18.820]  I said, okay, that's it.
[57:18.820 --> 57:19.820]  So I went back to the court.
[57:19.820 --> 57:23.820]  I motioned the court for default judgment, again, based on the fact.
[57:23.820 --> 57:26.820]  You know, I told the court, we reached the settlement agreement.
[57:26.820 --> 57:30.820]  The defendant is not coming to the table, signed the papers, issuing the check, blah, blah, blah, blah,
[57:30.820 --> 57:37.820]  and the plaintiff demands default judgment or summary judgment for the full amount of the complaint.
[57:37.820 --> 57:46.820]  I get a call from the judge, the judge's secretary, the law clerk, saying the judge wants you
[57:46.820 --> 57:51.820]  and the defendant's attorney in his courtroom next Tuesday at 10 a.m.
[57:51.820 --> 57:52.820]  Can you be there?
[57:52.820 --> 57:54.820]  Yes, no problem, I'll be there.
[57:54.820 --> 57:56.820]  I show up, the lawyer shows up.
[57:56.820 --> 57:57.820]  It's myself.
[57:57.820 --> 57:59.820]  My wife is sitting in the back.
[57:59.820 --> 58:03.820]  The lawyer shows up after me, and the judge comes in, Judge Proctor,
[58:03.820 --> 58:07.820]  and Judge Proctor looks like Raymond Burr with a beard, you know, he comes in,
[58:07.820 --> 58:08.820]  got this big, huge courtroom.
[58:08.820 --> 58:09.820]  You've been there.
[58:09.820 --> 58:12.820]  You're like 100 feet away from the bench.
[58:12.820 --> 58:17.820]  And I hear somebody coming in.
[58:17.820 --> 58:19.820]  Yes, you've got 40 seconds.
[58:19.820 --> 58:20.820]  Go ahead.
[58:20.820 --> 58:26.820]  Well, the judge came in, and he asked me, he says, I understand you've reached the settlement agreement.
[58:26.820 --> 58:29.820]  Yes, Your Honor, we have.
[58:29.820 --> 58:32.820]  And I'll tell you about that settlement agreement in a minute.
[58:32.820 --> 58:35.820]  Oh, boy, we're on the edge of our seats again.
[58:35.820 --> 58:37.820]  This is a great show.
[58:37.820 --> 58:40.820]  OK, so stay on the line, Russ.
[58:40.820 --> 58:45.820]  And after Russell, we've got Carl, Jim and Matt coming up.
[58:45.820 --> 58:47.820]  This is the rule of law.
[58:47.820 --> 59:00.820]  We'll be right back.
[59:00.820 --> 59:04.820]  Activism, education, celebration.
[59:04.820 --> 59:06.820]  Looking for something to do this October?
[59:06.820 --> 59:10.820]  Be part of the largest freedom festival on either side of the Mississippi.
[59:10.820 --> 59:12.820]  The Midwest Liberty Fest.
[59:12.820 --> 59:17.820]  Come to DeCoin, Illinois, this October 9th, 10th and 11th.
[59:17.820 --> 59:23.820]  Festival includes speakers, activist trainings, workshops, music and great vendors.
[59:23.820 --> 59:26.820]  Bring a friend and tell them to bring a friend.
[59:26.820 --> 59:29.820]  This festival is for everyone who loves freedom of all ages.
[59:29.820 --> 59:34.820]  Don't miss the Midwest Liberty Festival at the state fairgrounds in DeCoin, Illinois,
[59:34.820 --> 59:37.820]  October 9th, 10th and 11th.
[59:37.820 --> 59:43.820]  Visit the website at www.MidwestLibertyFest.com for all the details.
[59:43.820 --> 59:46.820]  That's www.MidwestLibertyFest.com.
[59:46.820 --> 59:48.820]  Don't let the fall blues get you down.
[59:48.820 --> 59:50.820]  Come join the fun.
[59:50.820 --> 59:53.820]  Tickets are going fast, so don't miss out on the Midwest Liberty Fest,
[59:53.820 --> 59:56.820]  the best Oktoberfest this year.
[59:56.820 --> 01:00:00.820]  That's www.MidwestLibertyFest.com.
[01:00:00.820 --> 01:00:05.820]  This news brief brought to you by the International News Net.
[01:00:05.820 --> 01:00:09.820]  The Obama Administration this week sent to Congress sweeping revisions
[01:00:09.820 --> 01:00:14.820]  to a media shield bill that includes safeguards that would require prosecutors
[01:00:14.820 --> 01:00:18.820]  to exhaust other methods for finding the source of the information
[01:00:18.820 --> 01:00:22.820]  before subpoenaing a reporter.
[01:00:22.820 --> 01:00:25.820]  Senator John McCain says giving up the fight in Afghanistan
[01:00:25.820 --> 01:00:29.820]  would put the U.S. and its allies in danger by allowing the war-torn country
[01:00:29.820 --> 01:00:33.820]  to turn back into a base for attacks on the U.S.
[01:00:33.820 --> 01:00:38.820]  McCain urged Barack Obama Wednesday to approve a call by General Stanley McChrystal
[01:00:38.820 --> 01:00:41.820]  for 40,000 more troops.
[01:00:41.820 --> 01:00:46.820]  In 16 states, prescription drugs now kill more people than auto accidents.
[01:00:46.820 --> 01:00:51.820]  Experts say this startling shift is because driving is becoming safer
[01:00:51.820 --> 01:00:57.820]  and the legal and illegal use of powerful prescription painkillers is rising.
[01:00:57.820 --> 01:01:02.820]  Top of the hour news brought to you by INN World Report.
[01:01:02.820 --> 01:01:06.820]  McClatchy reports the men of Bravo Company fighting in Afghanistan
[01:01:06.820 --> 01:01:09.820]  say the land along the Agandab River,
[01:01:09.820 --> 01:01:12.820]  where 10 battalion members have been killed since August,
[01:01:12.820 --> 01:01:15.820]  is like Vietnam without the napalm.
[01:01:15.820 --> 01:01:20.820]  The 18-mile valley patrolled by the 1st Battalion's 17th Infantry Regiment
[01:01:20.820 --> 01:01:25.820]  includes Taliban insurgents, booby traps, and buried explosives.
[01:01:25.820 --> 01:01:29.820]  Bravo Company arrived with 24 strikers and wheeled combat vehicles
[01:01:29.820 --> 01:01:33.820]  outfitted with high-tech communications and surveillance gear.
[01:01:33.820 --> 01:01:38.820]  Some battalion soldiers perished when the strikers hit roadside bombs
[01:01:38.820 --> 01:01:42.820]  and others were killed by bombs that exploded while they patrolled on foot.
[01:01:42.820 --> 01:01:48.820]  Bravo Company is responsible for an area that's considered a key staging point for Taliban
[01:01:48.820 --> 01:01:51.820]  as they organized forays into Kandahar,
[01:01:51.820 --> 01:01:56.820]  a major city where insurgents rule by night and set off bombs by day.
[01:01:56.820 --> 01:01:57.820]  One elder said,
[01:01:57.820 --> 01:02:00.820]  If we send our children to school during the day,
[01:02:00.820 --> 01:02:06.820]  then the Taliban will come and kill the parents at night.
[01:02:06.820 --> 01:02:11.820]  The UN's Chief Weapons Inspector Mohammed al-Muradi said Wednesday
[01:02:11.820 --> 01:02:16.820]  he had seen no credible evidence that Iran is developing nuclear weapons.
[01:02:16.820 --> 01:02:20.820]  He rejected British intelligence allegations that a weapons program
[01:02:20.820 --> 01:02:22.820]  has been going on for at least four years.
[01:02:22.820 --> 01:02:27.820]  The claims and counterclaims came on the eve of a decisive meeting in Geneva
[01:02:27.820 --> 01:02:31.820]  between diplomats from six world powers and an Iranian delegation
[01:02:31.820 --> 01:02:34.820]  about Tehran's nuclear ambitions.
[01:02:34.820 --> 01:02:38.820]  Iran insists its program is for peaceful purposes
[01:02:38.820 --> 01:02:42.820]  and that there is nothing illegal about the uranium enrichment plant
[01:02:42.820 --> 01:02:46.820]  under construction near the city of Qom that was revealed last week.
[01:02:46.820 --> 01:02:51.820]  Iranian leaders say they did not have to inform the International Atomic Energy Agency
[01:02:51.820 --> 01:03:15.820]  until six months before the first uranium was processed.
[01:03:21.820 --> 01:03:24.820]  A story for everyone to hear
[01:03:24.820 --> 01:03:29.820]  But I was not going to give in to the fear
[01:03:29.820 --> 01:03:33.820]  Yeah, a story
[01:03:33.820 --> 01:03:38.820]  Now here's my story
[01:03:38.820 --> 01:03:42.820]  I will lie by my father's side
[01:03:42.820 --> 01:03:45.820]  Until he returns
[01:03:45.820 --> 01:03:49.820]  I will lie by my father's side
[01:03:49.820 --> 01:03:53.820]  As I live this life that we're done
[01:03:53.820 --> 01:03:56.820]  I will pay for my concerns
[01:03:56.820 --> 01:03:59.820]  I will lie by my father's side
[01:03:59.820 --> 01:04:04.820]  Until I realize I'm my father's side
[01:04:04.820 --> 01:04:07.820]  Until I reach Spain
[01:04:07.820 --> 01:04:09.820]  I will lie by my father's side
[01:04:09.820 --> 01:04:11.820]  We will occupy our father's house.
[01:04:11.820 --> 01:04:13.820]  We're speaking with Russell in Texas.
[01:04:13.820 --> 01:04:15.820]  Got all the callers on the line.
[01:04:15.820 --> 01:04:19.820]  Okay, so finish the story. I'm on the edge of my seat.
[01:04:19.820 --> 01:04:22.820]  So y'all get in the courtroom and the judge says,
[01:04:22.820 --> 01:04:25.820]  I thought you guys came to a settlement agreement.
[01:04:25.820 --> 01:04:27.820]  So what happened? What happened? I'm dying to know.
[01:04:27.820 --> 01:04:30.820]  Well, what happened was the judge comes in and he says,
[01:04:30.820 --> 01:04:32.820]  you know, what's going on? What's the issue?
[01:04:32.820 --> 01:04:36.820]  And I told the judge, I said, yes, we reached a settlement agreement, Your Honor,
[01:04:36.820 --> 01:04:40.820]  but the defendant won't come to the table, sign the paper or cut the check.
[01:04:40.820 --> 01:04:42.820]  And he says, really?
[01:04:42.820 --> 01:04:47.820]  I said, yes, Your Honor. And he says, and when was this promise to be happening?
[01:04:47.820 --> 01:04:50.820]  And I knew that was going to come up as a question.
[01:04:50.820 --> 01:04:55.820]  And of course, I had a stenographer there.
[01:04:55.820 --> 01:04:58.820]  Hmm, geez, I wonder if it could be in the minutes.
[01:04:58.820 --> 01:05:01.820]  And of course, I had that all prepared.
[01:05:01.820 --> 01:05:04.820]  And here was the page that it said,
[01:05:04.820 --> 01:05:09.820]  expeditiously was the word he used to do the settlement.
[01:05:09.820 --> 01:05:12.820]  So I said, well, Your Honor, I said, I don't have a date,
[01:05:12.820 --> 01:05:15.820]  but it was confirmed here in the minutes.
[01:05:15.820 --> 01:05:18.820]  Oh, can I see that?
[01:05:18.820 --> 01:05:20.820]  Your Honor, may I approach?
[01:05:20.820 --> 01:05:24.820]  Yes, approach the judge going up to the bench.
[01:05:24.820 --> 01:05:29.820]  And I had a little sticky tab on there posted, you know, the page marked.
[01:05:29.820 --> 01:05:32.820]  The judge looked at that three seconds.
[01:05:32.820 --> 01:05:38.820]  He looked up at the lawyer and he says, Mr. So-and-so, you said expeditiously.
[01:05:38.820 --> 01:05:41.820]  What's the problem?
[01:05:41.820 --> 01:05:45.820]  Oh, well, now I'm standing back because the judge is getting a little hot now.
[01:05:45.820 --> 01:05:46.820]  Okay.
[01:05:46.820 --> 01:05:52.820]  And I went back to my podium and we stood there and the judge says,
[01:05:52.820 --> 01:05:54.820]  okay, let's talk about other things.
[01:05:54.820 --> 01:05:58.820]  He explained some things which were irrelevant at the time, and they were.
[01:05:58.820 --> 01:06:01.820]  And he says, do you have anything else, Mr. Maris?
[01:06:01.820 --> 01:06:02.820]  I says, well, yes, Your Honor.
[01:06:02.820 --> 01:06:09.820]  Would the court please set a date for this to all end and it's all over and done with?
[01:06:09.820 --> 01:06:11.820]  And the judge says, you know, that's a good idea.
[01:06:11.820 --> 01:06:12.820]  Clerk, let me have the calendar.
[01:06:12.820 --> 01:06:14.820]  The court brings him the calendar.
[01:06:14.820 --> 01:06:19.820]  He writes on there, okay, September 4th, two weeks from today,
[01:06:19.820 --> 01:06:23.820]  this will all be closed and over with.
[01:06:23.820 --> 01:06:28.820]  And then he looks up at me and he looks at the lawyer and he says,
[01:06:28.820 --> 01:06:33.820]  if I see either one of you in my courtroom again about this matter,
[01:06:33.820 --> 01:06:40.820]  who's ever causing the problem is going to be sorry, is exact words.
[01:06:40.820 --> 01:06:41.820]  Okay.
[01:06:41.820 --> 01:06:43.820]  So that's the closest I've ever had.
[01:06:43.820 --> 01:06:44.820]  That's pretty strong.
[01:06:44.820 --> 01:06:46.820]  Within a couple of days, I had the check.
[01:06:46.820 --> 01:06:47.820]  I had the signed agreement.
[01:06:47.820 --> 01:06:50.820]  It was all closed over and done with.
[01:06:50.820 --> 01:06:51.820]  Okay.
[01:06:51.820 --> 01:06:54.820]  And that's the closest I've ever come to being thrown out of a courtroom,
[01:06:54.820 --> 01:06:58.820]  if you want to call it that, but I wasn't wrong.
[01:06:58.820 --> 01:06:59.820]  I was right.
[01:06:59.820 --> 01:07:02.820]  The judge was tired of the nonsense that was going on.
[01:07:02.820 --> 01:07:05.820]  Was that your last case?
[01:07:05.820 --> 01:07:10.820]  That was my very first case and that's the case I learned about asking
[01:07:10.820 --> 01:07:14.820]  on the settlements agreement that we set a date for it to be completed.
[01:07:14.820 --> 01:07:16.820]  You know, you don't think about those things when you first start
[01:07:16.820 --> 01:07:18.820]  because you're just glad it's over.
[01:07:18.820 --> 01:07:21.820]  But lawyers think, okay, we've got a settlement agreement,
[01:07:21.820 --> 01:07:25.820]  but hey, you know, we didn't set a date so we can settle this next year.
[01:07:25.820 --> 01:07:30.820]  You know, I mean, you don't leave yourself a door open, you know.
[01:07:30.820 --> 01:07:31.820]  But that was my very first case.
[01:07:31.820 --> 01:07:33.820]  It was on the learning curve then.
[01:07:33.820 --> 01:07:36.820]  And the rest of the cases, I've never had a problem.
[01:07:36.820 --> 01:07:39.820]  I had another case where Judge Proctor was on it again,
[01:07:39.820 --> 01:07:43.820]  bringing it to a lawyer with the same problem, almost.
[01:07:43.820 --> 01:07:47.820]  The client wouldn't talk to the lawyer.
[01:07:47.820 --> 01:07:49.820]  Every time I'd call the lawyer up, he'd say,
[01:07:49.820 --> 01:07:51.820]  guys, I can't get these guys to talk to me.
[01:07:51.820 --> 01:07:52.820]  They're in California.
[01:07:52.820 --> 01:07:54.820]  You know, I'm in Alabama, blah, blah, blah.
[01:07:54.820 --> 01:07:56.820]  I said, okay, I can fix that.
[01:07:56.820 --> 01:07:58.820]  I made a motion to the court for default judgment
[01:07:58.820 --> 01:08:01.820]  because the defendant doesn't act in good faith.
[01:08:01.820 --> 01:08:02.820]  They don't come to the table.
[01:08:02.820 --> 01:08:04.820]  They don't talk to their attorney.
[01:08:04.820 --> 01:08:08.820]  Judge Proctor's attorney, the court calls up again.
[01:08:08.820 --> 01:08:11.820]  Judge wants to talk to you and the defendant's attorney,
[01:08:11.820 --> 01:08:14.820]  three-way conversation tomorrow at 11 o'clock.
[01:08:14.820 --> 01:08:16.820]  Okay.
[01:08:16.820 --> 01:08:17.820]  I get them on the phone.
[01:08:17.820 --> 01:08:18.820]  There's the judges there.
[01:08:18.820 --> 01:08:19.820]  What's the problem?
[01:08:19.820 --> 01:08:22.820]  I understand you're getting close to the settlement agreement.
[01:08:22.820 --> 01:08:24.820]  I said, yes, Your Honor, we are.
[01:08:24.820 --> 01:08:28.820]  I said, but the problem is that the defendant won't talk to their own attorney.
[01:08:28.820 --> 01:08:31.820]  He says, oh, is that so?
[01:08:31.820 --> 01:08:37.820]  And the lawyer replies, yeah, well, Your Honor,
[01:08:37.820 --> 01:08:41.820]  the defendant feels that Mr. Amiris owes this debt.
[01:08:41.820 --> 01:08:44.820]  And I said, excuse me, Your Honor, alleged.
[01:08:44.820 --> 01:08:47.820]  Oh, yeah, yeah, alleged debt, the lawyer says.
[01:08:47.820 --> 01:08:55.820]  The judge says, I tell you what, next Tuesday at 2 p.m.,
[01:08:55.820 --> 01:08:58.820]  can you be in my courtroom next Tuesday at 2 p.m.?
[01:08:58.820 --> 01:08:59.820]  I said, yes, Your Honor.
[01:08:59.820 --> 01:09:02.820]  I'm at your beck and will, sir.
[01:09:02.820 --> 01:09:03.820]  It's a federal judge.
[01:09:03.820 --> 01:09:08.820]  You've got to be respectful, okay, respectful.
[01:09:08.820 --> 01:09:15.820]  And then he says to the attorney, I want you to tell your client
[01:09:15.820 --> 01:09:22.820]  to have someone in my courtroom next Tuesday at 2 o'clock
[01:09:22.820 --> 01:09:26.820]  who can make a decision on this stuff.
[01:09:26.820 --> 01:09:29.820]  And the lawyer pipes and says, oh, but Your Honor,
[01:09:29.820 --> 01:09:31.820]  they've got to come in from California.
[01:09:31.820 --> 01:09:36.820]  And you know what Judge Proctor's answer to that was?
[01:09:36.820 --> 01:09:41.820]  Tell them to get a refundable ticket.
[01:09:41.820 --> 01:09:43.820]  That was Tuesday.
[01:09:43.820 --> 01:09:46.820]  Friday, 11 o'clock, I get a call from the lawyer.
[01:09:46.820 --> 01:09:47.820]  I talk to my client.
[01:09:47.820 --> 01:09:50.820]  They're willing to settle, but they won't pay the court costs.
[01:09:50.820 --> 01:09:51.820]  I says, no problem.
[01:09:51.820 --> 01:09:54.820]  I'll see you in court next Tuesday at 2 o'clock.
[01:09:54.820 --> 01:09:57.820]  4 o'clock Friday afternoon, he's on the phone to me.
[01:09:57.820 --> 01:09:59.820]  Okay, they'll pay the court costs.
[01:09:59.820 --> 01:10:00.820]  You've got a settlement agreement.
[01:10:00.820 --> 01:10:02.820]  I says, okay, no problem.
[01:10:02.820 --> 01:10:05.820]  I'll let the court know.
[01:10:05.820 --> 01:10:09.820]  That's the closest I guess I've ever come to being threatened
[01:10:09.820 --> 01:10:13.820]  or thrown out or I've never been told not to come back.
[01:10:13.820 --> 01:10:16.820]  I think they like my cases.
[01:10:16.820 --> 01:10:20.820]  I think they like to see these guys sweat a little bit for a change.
[01:10:20.820 --> 01:10:22.820]  Yeah, really.
[01:10:22.820 --> 01:10:24.820]  Well, I think they probably do like your cases,
[01:10:24.820 --> 01:10:29.820]  but people like us to go after public officials and things like that
[01:10:29.820 --> 01:10:31.820]  and stuff, they don't like that at all.
[01:10:31.820 --> 01:10:35.820]  That's a different story because now you're going after their buddies.
[01:10:35.820 --> 01:10:41.820]  Then you're just a measly no knowledge pro se,
[01:10:41.820 --> 01:10:43.820]  and we can just do as we see fit.
[01:10:43.820 --> 01:10:47.820]  And remember too with these judges, Mike, how you were talking about
[01:10:47.820 --> 01:10:49.820]  you've got a jury of 12 people
[01:10:49.820 --> 01:10:51.820]  and every single one of them has a credit report.
[01:10:51.820 --> 01:10:53.820]  Well, so does the judge.
[01:10:53.820 --> 01:10:55.820]  Yeah, how about that?
[01:10:55.820 --> 01:10:56.820]  Isn't that interesting?
[01:10:56.820 --> 01:10:59.820]  You think maybe the judge has gotten peeled sometime in his life
[01:10:59.820 --> 01:11:01.820]  over something you don't know.
[01:11:01.820 --> 01:11:07.820]  Well, absolutely, and I just want to digress here for a moment
[01:11:07.820 --> 01:11:11.820]  just to plug your CD again and to plug our stuff too
[01:11:11.820 --> 01:11:14.820]  because the stories you're telling here, Mike,
[01:11:14.820 --> 01:11:17.820]  about your experience, about your first case,
[01:11:17.820 --> 01:11:20.820]  and then you didn't set the date and how it almost became a problem
[01:11:20.820 --> 01:11:23.820]  and it actually was a problem and all these sorts of things,
[01:11:23.820 --> 01:11:27.820]  that's why your CD is $300.
[01:11:27.820 --> 01:11:31.820]  And it very well could easily be $3,000.
[01:11:31.820 --> 01:11:32.820]  And same with our stuff.
[01:11:32.820 --> 01:11:34.820]  This is very valuable information, people,
[01:11:34.820 --> 01:11:37.820]  because people put their blood, sweat, and tears into this
[01:11:37.820 --> 01:11:42.820]  and a lot of time and a lot of money and we want to help people.
[01:11:42.820 --> 01:11:46.820]  We're not trying to capitalize off of this information,
[01:11:46.820 --> 01:11:48.820]  but we do need to go to the grocery store once in a while
[01:11:48.820 --> 01:11:50.820]  and pay the electric bill too
[01:11:50.820 --> 01:11:53.820]  and keep the network on the air and things like that
[01:11:53.820 --> 01:11:55.820]  and pay the phone bill for all the phone calls
[01:11:55.820 --> 01:11:58.820]  and things like that and pay the phone bill for all the phone bridges
[01:11:58.820 --> 01:12:02.820]  and all the Internet connections and everyone's time.
[01:12:02.820 --> 01:12:05.820]  You know, I don't work anymore, a regular day job,
[01:12:05.820 --> 01:12:09.820]  because I need to be here to run the network
[01:12:09.820 --> 01:12:12.820]  and deal with things even when I'm not producing shows.
[01:12:12.820 --> 01:12:16.820]  So give us a little love and get some of our materials
[01:12:16.820 --> 01:12:18.820]  because it is very valuable information
[01:12:18.820 --> 01:12:20.820]  and we want to help people.
[01:12:20.820 --> 01:12:21.820]  So help us too.
[01:12:21.820 --> 01:12:22.820]  Okay, I'm done, Deborah.
[01:12:22.820 --> 01:12:23.820]  All right, thanks, Russell.
[01:12:23.820 --> 01:12:27.820]  We're going to go now to Carl in Texas.
[01:12:27.820 --> 01:12:28.820]  Okay.
[01:12:28.820 --> 01:12:29.820]  Carl, thanks for calling in.
[01:12:29.820 --> 01:12:31.820]  What is your question for our guest?
[01:12:31.820 --> 01:12:33.820]  Hello, Mike and guys.
[01:12:33.820 --> 01:12:36.820]  I've been on the show before and this seems to be right up
[01:12:36.820 --> 01:12:38.820]  my alley so I want to run this by.
[01:12:38.820 --> 01:12:44.820]  This is a credit report that was given out on me about a truck
[01:12:44.820 --> 01:12:49.820]  that I had reposed a year and a half ago
[01:12:49.820 --> 01:12:51.820]  and I was injured pretty good
[01:12:51.820 --> 01:12:53.820]  because I didn't know that it was on there
[01:12:53.820 --> 01:12:59.820]  and I was denied or declined a loan on a home
[01:12:59.820 --> 01:13:01.820]  by two different banks
[01:13:01.820 --> 01:13:05.820]  because of this business that doesn't exist.
[01:13:05.820 --> 01:13:06.820]  Yep.
[01:13:06.820 --> 01:13:12.820]  Now, first off, they put on my credit report
[01:13:12.820 --> 01:13:15.820]  that I had a charge off
[01:13:15.820 --> 01:13:20.820]  and the remedy for their amount was $17,000.
[01:13:20.820 --> 01:13:21.820]  Yep.
[01:13:21.820 --> 01:13:25.820]  And later on they added on both of these
[01:13:25.820 --> 01:13:29.820]  through one of the big three major car companies
[01:13:29.820 --> 01:13:31.820]  with the same company.
[01:13:31.820 --> 01:13:34.820]  The next time they put on a judgment
[01:13:34.820 --> 01:13:37.820]  for the entire amount of the loan
[01:13:37.820 --> 01:13:39.820]  from beginning to maturity.
[01:13:39.820 --> 01:13:40.820]  Yep.
[01:13:40.820 --> 01:13:44.820]  So my question is I have two, maybe three cases here.
[01:13:44.820 --> 01:13:47.820]  One is being injured for fraud
[01:13:47.820 --> 01:13:51.820]  and denied of a decline on the home mortgage.
[01:13:51.820 --> 01:13:54.820]  The second part is the difference between
[01:13:54.820 --> 01:13:56.820]  the actual amount owed
[01:13:56.820 --> 01:14:00.820]  and the amount of the judgment that they put on.
[01:14:00.820 --> 01:14:02.820]  And the third part, of course, is the fact
[01:14:02.820 --> 01:14:05.820]  there's a judgment stated when there, in fact,
[01:14:05.820 --> 01:14:08.820]  is not a judgment filed in any county courts.
[01:14:08.820 --> 01:14:14.820]  Well, you know, you've got grounds for a great case, my friend.
[01:14:14.820 --> 01:14:18.820]  I'm going to guess that you kept the letter of being turned down for the mortgage?
[01:14:18.820 --> 01:14:19.820]  Yes, sir.
[01:14:19.820 --> 01:14:23.820]  Yes, good stuff, because that's, you know,
[01:14:23.820 --> 01:14:30.820]  it's like, and I'm using a hypothetical number of $200,000 or $250,000 or $300,000 mortgage.
[01:14:30.820 --> 01:14:32.820]  You've been damaged, okay?
[01:14:32.820 --> 01:14:35.820]  So you can very easily prove your damages.
[01:14:35.820 --> 01:14:39.820]  But what you need to do is follow the instructions I gave you
[01:14:39.820 --> 01:14:42.820]  and challenge all that, make them do their investigations.
[01:14:42.820 --> 01:14:44.820]  They won't do it.
[01:14:44.820 --> 01:14:47.820]  I'm willing to bet that when you dispute it with them,
[01:14:47.820 --> 01:14:52.820]  they won't even answer because you're not in their records anymore.
[01:14:52.820 --> 01:14:56.820]  And that just goes back to the situation I talked about earlier
[01:14:56.820 --> 01:15:01.820]  about not maintaining accurate and complete information in their systems.
[01:15:01.820 --> 01:15:02.820]  They don't have it.
[01:15:02.820 --> 01:15:03.820]  They don't do it.
[01:15:03.820 --> 01:15:06.820]  And when they fail to mark your account in dispute,
[01:15:06.820 --> 01:15:09.820]  maybe they're in three bureaus, you can start it.
[01:15:09.820 --> 01:15:13.820]  It doesn't take much to rack up violations on these guys.
[01:15:13.820 --> 01:15:15.820]  It's very simple.
[01:15:15.820 --> 01:15:18.820]  And then when you give them a chance to settle
[01:15:18.820 --> 01:15:20.820]  and you send them that notice of pending lawsuit,
[01:15:20.820 --> 01:15:25.820]  because you always want to be the nice guy, and here's the strategy behind this.
[01:15:25.820 --> 01:15:27.820]  Here's how I do it.
[01:15:27.820 --> 01:15:29.820]  So I send them out notice of pending lawsuit.
[01:15:29.820 --> 01:15:31.820]  Here's what I'm going to do.
[01:15:31.820 --> 01:15:33.820]  If you want to fix the problem, you've got 10 days.
[01:15:33.820 --> 01:15:38.820]  If I don't hear from you, I'm going to file in federal court.
[01:15:38.820 --> 01:15:40.820]  And I keep my word.
[01:15:40.820 --> 01:15:43.820]  On the 11th day, I'm down at federal court.
[01:15:43.820 --> 01:15:45.820]  Don't BS.
[01:15:45.820 --> 01:15:47.820]  Do it, okay?
[01:15:47.820 --> 01:15:52.820]  And the point is that you're going to go back in before you file that complaint
[01:15:52.820 --> 01:15:56.820]  when they don't respond, and you're going to tell the judge in the complaint.
[01:15:56.820 --> 01:15:58.820]  You'll see my complaints in PACER where I say,
[01:15:58.820 --> 01:16:03.820]  hey, you know, I tried every way to get these people to talk to me,
[01:16:03.820 --> 01:16:04.820]  to come to the table.
[01:16:04.820 --> 01:16:06.820]  I sent them notice.
[01:16:06.820 --> 01:16:08.820]  They don't respond.
[01:16:08.820 --> 01:16:09.820]  They won't talk to me.
[01:16:09.820 --> 01:16:15.820]  And my only remedy is to come into this courtroom to seek justice.
[01:16:15.820 --> 01:16:19.820]  Now, you're a judge sitting on the bench, and you read this,
[01:16:19.820 --> 01:16:23.820]  and you say, wait a minute, this guy tried to solve this before he got into
[01:16:23.820 --> 01:16:26.820]  courtroom, and these guys won't talk to him?
[01:16:26.820 --> 01:16:27.820]  Okay.
[01:16:27.820 --> 01:16:30.820]  Oh, I'm not a judge, but I'm a normal person, I think.
[01:16:30.820 --> 01:16:34.820]  If I saw something like that, I'd be pretty PO'd that, number one,
[01:16:34.820 --> 01:16:39.820]  you're wasting the court's time because you won't come and talk.
[01:16:39.820 --> 01:16:45.820]  And it just makes you look better in the court's eyes as far as I'm concerned.
[01:16:45.820 --> 01:16:47.820]  It gives you some credibility.
[01:16:47.820 --> 01:16:48.820]  Absolutely.
[01:16:48.820 --> 01:16:52.820]  Okay, listen, we're going to break, and my call screener just told me people
[01:16:52.820 --> 01:16:56.820]  can order your CD on the credit card that they're going to be fixing.
[01:16:56.820 --> 01:17:00.820]  We'll be right back.
[01:17:00.820 --> 01:17:01.820]  Hello, Austin.
[01:17:01.820 --> 01:17:04.820]  My name is Harlan Deidre, owner of Brave New Books,
[01:17:04.820 --> 01:17:06.820]  a local independent bookstore here in town.
[01:17:06.820 --> 01:17:10.820]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:10.820 --> 01:17:13.820]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars,
[01:17:13.820 --> 01:17:16.820]  Katherine Albert, Webster Carpley, G. Edward Griffin,
[01:17:16.820 --> 01:17:19.820]  and many other heroic figures in the patriot movement.
[01:17:19.820 --> 01:17:21.820]  But now, Brave New Books needs your help.
[01:17:21.820 --> 01:17:24.820]  In order to continue to provide a space for these events
[01:17:24.820 --> 01:17:26.820]  and be an outlet for hard-to-find materials,
[01:17:26.820 --> 01:17:30.820]  we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:30.820 --> 01:17:34.820]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:34.820 --> 01:17:38.820]  We also have DVD duplication capabilities for all you activists.
[01:17:38.820 --> 01:17:42.820]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:42.820 --> 01:17:47.820]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[01:17:47.820 --> 01:17:49.820]  Remember, you vote with your dollars.
[01:17:49.820 --> 01:17:50.820]  We're counting on you, Austin.
[01:17:50.820 --> 01:17:55.820]  If you need any information, please call 512-480-2503
[01:17:55.820 --> 01:17:57.820]  or visit us at 1904 Guadalupe Street.
[01:17:57.820 --> 01:18:00.820]  Thank you, everyone.
[01:18:27.820 --> 01:18:32.820]  Okay, we are back.
[01:18:32.820 --> 01:18:34.820]  We're speaking with Carl in Texas.
[01:18:34.820 --> 01:18:36.820]  Okay, go ahead, Mike.
[01:18:36.820 --> 01:18:39.820]  But Carl, as I was saying, that's your best bet on this.
[01:18:39.820 --> 01:18:43.820]  Forget about the repo, okay?
[01:18:43.820 --> 01:18:44.820]  Just go after them.
[01:18:44.820 --> 01:18:46.820]  Forget about that being any type of debt.
[01:18:46.820 --> 01:18:48.820]  That's what I said earlier in the program.
[01:18:48.820 --> 01:18:54.820]  That's the hardest thing for people to get by, that I reneged, I had a repo, whatever.
[01:18:54.820 --> 01:18:57.820]  That's not the law that's at stake here.
[01:18:57.820 --> 01:19:02.820]  The law that is at stake is the things they're supposed to do according to the law,
[01:19:02.820 --> 01:19:04.820]  and they never do.
[01:19:04.820 --> 01:19:08.820]  And that's your cause of action.
[01:19:08.820 --> 01:19:09.820]  Right.
[01:19:09.820 --> 01:19:10.820]  Okay.
[01:19:10.820 --> 01:19:16.820]  I know that I'm going to do everything that you've told me up until now,
[01:19:16.820 --> 01:19:21.820]  but I don't want to contact the credit reporting agencies.
[01:19:21.820 --> 01:19:24.820]  I want to leave that alone.
[01:19:24.820 --> 01:19:30.820]  Well, you don't have to do anything to the credit reporting agency, okay,
[01:19:30.820 --> 01:19:32.820]  unless you're planning on suing them.
[01:19:32.820 --> 01:19:37.820]  All you're doing is the credit, and it's important that you do this,
[01:19:37.820 --> 01:19:43.820]  because if you don't, you leave a loophole for them to escape out of when you get them into court.
[01:19:43.820 --> 01:19:49.820]  All you're asking, you're disputing it with the Bureau, is that you dispute this line of credit
[01:19:49.820 --> 01:19:53.820]  and let the Bureau come back and say, no, we're reporting it correctly.
[01:19:53.820 --> 01:19:57.820]  That's what you want them to do, okay?
[01:19:57.820 --> 01:19:59.820]  Okay.
[01:19:59.820 --> 01:20:05.820]  Because when you take them into federal court, they will use as an excuse,
[01:20:05.820 --> 01:20:11.820]  oh, we contacted the Bureau, they screwed up, they didn't mark the account in dispute.
[01:20:11.820 --> 01:20:15.820]  This takes that window away from them, that escape window,
[01:20:15.820 --> 01:20:21.820]  to try to put the blame on somebody else.
[01:20:21.820 --> 01:20:28.820]  So it solidifies your position that says, hey, you didn't mark the account in dispute.
[01:20:28.820 --> 01:20:33.820]  You didn't do an investigation because the Bureau was doing it at the same time,
[01:20:33.820 --> 01:20:36.820]  and they say they're reporting it correctly.
[01:20:36.820 --> 01:20:43.820]  So they were doing an investigation, and you didn't tell them to mark the account in dispute.
[01:20:43.820 --> 01:20:49.820]  See, and that's what it boils down to, and you can prove it.
[01:20:49.820 --> 01:20:52.820]  And so I do not want to go after summary judgment.
[01:20:52.820 --> 01:20:59.820]  Even though this is a pretty slam dunk case, I want to try to get them to 26F.
[01:20:59.820 --> 01:21:03.820]  I would go after, right, I would go after the creditor.
[01:21:03.820 --> 01:21:06.820]  I would go after any collection agency involved.
[01:21:06.820 --> 01:21:11.820]  I would name whoever was after you last as the defendant,
[01:21:11.820 --> 01:21:17.820]  I would name the creditor as the code defendant, and that's how I would proceed.
[01:21:17.820 --> 01:21:20.820]  Well, I think you may be missing something, Carl.
[01:21:20.820 --> 01:21:21.820]  Okay.
[01:21:21.820 --> 01:21:26.820]  This is not about what they may have done improperly with the debt.
[01:21:26.820 --> 01:21:27.820]  Right.
[01:21:27.820 --> 01:21:32.820]  This is about them violating Fair Debt and Collections Act.
[01:21:32.820 --> 01:21:33.820]  Right.
[01:21:33.820 --> 01:21:35.820]  This is about them violating laws.
[01:21:35.820 --> 01:21:37.820]  It doesn't have anything to do with the debt.
[01:21:37.820 --> 01:21:42.820]  That's only incidental, so you should still have an option to go after them
[01:21:42.820 --> 01:21:47.820]  on any harm you receive because of what they did wrong concerning the debt itself.
[01:21:47.820 --> 01:21:49.820]  As an effort, yes.
[01:21:49.820 --> 01:21:50.820]  Right.
[01:21:50.820 --> 01:21:52.820]  Am I right, Mark?
[01:21:52.820 --> 01:21:53.820]  Absolutely.
[01:21:53.820 --> 01:21:56.820]  The debt has nothing to do with this thing, nothing.
[01:21:56.820 --> 01:21:58.820]  I can't stress that enough.
[01:21:58.820 --> 01:22:01.820]  And believe me, I don't want you to feel bad or anything like that.
[01:22:01.820 --> 01:22:07.820]  Everyone that I've known that starts this keeps harping back, I had this credit card,
[01:22:07.820 --> 01:22:12.820]  I could pay it, and it got canceled, and, you know,
[01:22:12.820 --> 01:22:16.820]  they took judgment and all that has nothing to do with it because your judgment
[01:22:16.820 --> 01:22:22.820]  that you're talking about, okay, when you get them into federal court and you win
[01:22:22.820 --> 01:22:26.820]  and they want to settle, oh, yeah, by the way, as part of the settlement,
[01:22:26.820 --> 01:22:29.820]  you need to remove this judgment.
[01:22:29.820 --> 01:22:34.820]  And you're going to get that all in writing, okay, in a settlement agreement
[01:22:34.820 --> 01:22:37.820]  because that's what you're going to demand for you to go away.
[01:22:37.820 --> 01:22:42.820]  If not, we go to trial and we let the jury decide, okay?
[01:22:42.820 --> 01:22:49.820]  And when they put it in writing and they have someone from their legal department
[01:22:49.820 --> 01:22:57.820]  sign this thing and you sign it, now what do you have?
[01:22:57.820 --> 01:23:00.820]  Well, I've got fair admission.
[01:23:00.820 --> 01:23:02.820]  You've got a contract.
[01:23:02.820 --> 01:23:06.820]  No, you've got a contract that says they're never going to report this again now
[01:23:06.820 --> 01:23:07.820]  in the future.
[01:23:07.820 --> 01:23:09.820]  They've removed the judgment.
[01:23:09.820 --> 01:23:12.820]  They're not going to sell this to a debt collector.
[01:23:12.820 --> 01:23:18.820]  You've got a bona fide contract that both parties have to agree to.
[01:23:18.820 --> 01:23:20.820]  And if they break it, guess what?
[01:23:20.820 --> 01:23:27.820]  You can find 100,000 attorneys that understand contract laws that would be glad
[01:23:27.820 --> 01:23:31.820]  to sue them for you, okay?
[01:23:31.820 --> 01:23:35.820]  It's called breach of contract and you've got it in black and white.
[01:23:35.820 --> 01:23:40.820]  So all of a sudden, and I had that happen to me once in my case against the credit
[01:23:40.820 --> 01:23:45.820]  bureau, they reinserted something back into my credit report six months
[01:23:45.820 --> 01:23:47.820]  to a year after I had the settlement.
[01:23:47.820 --> 01:23:48.820]  I called them up.
[01:23:48.820 --> 01:23:49.820]  They wouldn't talk to me.
[01:23:49.820 --> 01:23:52.820]  They had to turn me over to special handling, okay?
[01:23:52.820 --> 01:23:55.820]  When I got the special handling lady, she says to me, she says,
[01:23:55.820 --> 01:23:57.820]  I can't talk to you.
[01:23:57.820 --> 01:23:58.820]  I says, okay.
[01:23:58.820 --> 01:24:02.820]  So I called up the lawyer on the case and I told him, he says, that's crazy.
[01:24:02.820 --> 01:24:03.820]  He says, I'll find out what's going on.
[01:24:03.820 --> 01:24:07.820]  One hour later, he's back with me and he says, yeah, the lady you talked to,
[01:24:07.820 --> 01:24:08.820]  she's new.
[01:24:08.820 --> 01:24:10.820]  She thought we were still in court.
[01:24:10.820 --> 01:24:14.820]  He says, I'll get that taken care of for you right away.
[01:24:14.820 --> 01:24:19.820]  Two days later, FedEx at the door, no, DSL at the door with my new credit
[01:24:19.820 --> 01:24:21.820]  report with it fixed.
[01:24:21.820 --> 01:24:24.820]  You try and get that done with the credit bureau in two days.
[01:24:24.820 --> 01:24:25.820]  You see what they tell you.
[01:24:25.820 --> 01:24:27.820]  You've got to give us 30 days.
[01:24:27.820 --> 01:24:31.820]  This is the kind of power you have with this stuff.
[01:24:31.820 --> 01:24:35.820]  I called up the attorney and, yeah, we'll figure when I got the settlement,
[01:24:35.820 --> 01:24:39.820]  when we finally agreed on a settlement, he was sending me credit reports every
[01:24:39.820 --> 01:24:41.820]  couple of days to the door.
[01:24:41.820 --> 01:24:44.820]  He says, you like the way the report reads now?
[01:24:44.820 --> 01:24:47.820]  Do you see anything else that needs to be taken out or fixed?
[01:24:47.820 --> 01:24:48.820]  And the first time, yeah.
[01:24:48.820 --> 01:24:50.820]  Second time, oh, this has to be changed.
[01:24:50.820 --> 01:24:52.820]  Third time, it was perfect.
[01:24:52.820 --> 01:24:54.820]  I says, okay, it's perfect the way it is.
[01:24:54.820 --> 01:24:55.820]  Don't do another thing.
[01:24:55.820 --> 01:25:02.820]  My scores went up overnight, over 700 points, you know.
[01:25:02.820 --> 01:25:06.820]  You just don't realize the power of this stuff, dealing with these people.
[01:25:06.820 --> 01:25:07.820]  And I want to labor this.
[01:25:07.820 --> 01:25:11.820]  I do really understand what you all are saying about don't worry about the money.
[01:25:11.820 --> 01:25:16.820]  And I understand that I can go after them for the fraud and the judgment,
[01:25:16.820 --> 01:25:20.820]  and I can go after them for the, you know, for the credit and everything else.
[01:25:20.820 --> 01:25:22.820]  But can I go as a separate count?
[01:25:22.820 --> 01:25:29.820]  Do I go for a separate count and a separate case for the damage of them costing me
[01:25:29.820 --> 01:25:31.820]  or declining the loan?
[01:25:31.820 --> 01:25:36.820]  Well, I would put that as part of the damages.
[01:25:36.820 --> 01:25:39.820]  How much you were damaged, okay?
[01:25:39.820 --> 01:25:42.820]  And here's the reason why when you talk to their lawyer,
[01:25:42.820 --> 01:25:45.820]  you're going to bring this up and say, hey, you took a judgment against me
[01:25:45.820 --> 01:25:50.820]  that doesn't exist and I've got it black and white right here, okay?
[01:25:50.820 --> 01:25:53.820]  Now you tell your client we're going to fix this or we're going to go to trial
[01:25:53.820 --> 01:25:57.820]  and I'm going to expose this whole thing to the jury, okay?
[01:25:57.820 --> 01:26:01.820]  But again, the point is they're reporting erroneous and inaccurate information.
[01:26:01.820 --> 01:26:04.820]  If there's no judgment, that's another violation.
[01:26:04.820 --> 01:26:10.820]  And I don't know, I mean, the damages on that I think could be pretty steep.
[01:26:10.820 --> 01:26:11.820]  Very good.
[01:26:11.820 --> 01:26:12.820]  Okay.
[01:26:12.820 --> 01:26:14.820]  Well, thank you very much.
[01:26:14.820 --> 01:26:18.820]  And I will be getting a copy of your remedy as well.
[01:26:18.820 --> 01:26:20.820]  You go to that website.
[01:26:20.820 --> 01:26:22.820]  That's the website, Carl.
[01:26:22.820 --> 01:26:23.820]  Oh, is it?
[01:26:23.820 --> 01:26:25.820]  What's the name of the CD?
[01:26:25.820 --> 01:26:31.820]  It will say how to beat or I was going to call it how to beat debt collectors,
[01:26:31.820 --> 01:26:32.820]  but I changed it.
[01:26:32.820 --> 01:26:34.820]  I want it to be nicer.
[01:26:34.820 --> 01:26:36.820]  How to stop debt collectors.
[01:26:36.820 --> 01:26:37.820]  Okay.
[01:26:37.820 --> 01:26:41.820]  When you go to your remedy in the wall, you look under the information providers
[01:26:41.820 --> 01:26:46.820]  and you'll see my name there and you just click on it and you'll see the disc.
[01:26:46.820 --> 01:26:48.820]  Very, very good.
[01:26:48.820 --> 01:26:54.820]  Well, Randy and Debra, Andy, I can't wait to see you all down at the seminar.
[01:26:54.820 --> 01:26:55.820]  All right.
[01:26:55.820 --> 01:26:56.820]  Excellent.
[01:26:56.820 --> 01:26:58.820]  And I'm bringing Fran.
[01:26:58.820 --> 01:27:01.820]  Well, good.
[01:27:01.820 --> 01:27:02.820]  Okay.
[01:27:02.820 --> 01:27:07.820]  Everybody out there in Radioland, be aware, Andy has never written an entire book before.
[01:27:07.820 --> 01:27:12.820]  He's also never had to explain it page by page as it was being written.
[01:27:12.820 --> 01:27:15.820]  So just bear with me when we get there.
[01:27:15.820 --> 01:27:17.820]  I'm sure it's going to be fine.
[01:27:17.820 --> 01:27:22.820]  I went over one of his documents today and it had a glaring error in it.
[01:27:22.820 --> 01:27:23.820]  Oh, boy.
[01:27:23.820 --> 01:27:25.820]  He left one word out.
[01:27:25.820 --> 01:27:27.820]  Yeah, I've been reading this stuff.
[01:27:27.820 --> 01:27:28.820]  It's good.
[01:27:28.820 --> 01:27:32.820]  You guys are in for a real treat.
[01:27:32.820 --> 01:27:36.820]  I was annoyed because my documents are always a mess.
[01:27:36.820 --> 01:27:37.820]  Okay.
[01:27:37.820 --> 01:27:38.820]  He's only had one mistake.
[01:27:38.820 --> 01:27:39.820]  Okay.
[01:27:39.820 --> 01:27:41.820]  Let's move on so that we can get to all the calls.
[01:27:41.820 --> 01:27:42.820]  Great.
[01:27:42.820 --> 01:27:43.820]  All right.
[01:27:43.820 --> 01:27:44.820]  Thanks, Carl.
[01:27:44.820 --> 01:27:45.820]  Thank you.
[01:27:45.820 --> 01:27:46.820]  Okay.
[01:27:46.820 --> 01:27:48.820]  We're going to go now to Jim in Texas.
[01:27:48.820 --> 01:27:49.820]  Okay, Jim.
[01:27:49.820 --> 01:27:50.820]  Thanks for calling in.
[01:27:50.820 --> 01:27:51.820]  What's your question for our guest?
[01:27:51.820 --> 01:28:00.820]  I have a question based on a debt collector that they keep calling on the phone,
[01:28:00.820 --> 01:28:06.820]  and I've asked them if they've got something to say to put it in writing and mail it to me.
[01:28:06.820 --> 01:28:12.820]  I'm sure they paid attention to you on that one.
[01:28:12.820 --> 01:28:16.820]  Well, and they won't give me their address or anything.
[01:28:16.820 --> 01:28:18.820]  Did you ask them in writing?
[01:28:18.820 --> 01:28:19.820]  Oh, so you couldn't ask them in writing.
[01:28:19.820 --> 01:28:26.820]  Well, I mean, I could probably track their address down, but it's not my responsibility.
[01:28:26.820 --> 01:28:35.820]  But it's just a constant issue, and they don't want to put it in writing.
[01:28:35.820 --> 01:28:36.820]  Yep.
[01:28:36.820 --> 01:28:41.820]  And I wondered if you knew what I might be able to do.
[01:28:41.820 --> 01:28:42.820]  All right.
[01:28:42.820 --> 01:28:45.820]  Let me ask you a couple of quick questions.
[01:28:45.820 --> 01:28:48.820]  Have they sent you a debt collection letter?
[01:28:48.820 --> 01:28:49.820]  No.
[01:28:49.820 --> 01:28:50.820]  No.
[01:28:50.820 --> 01:28:53.820]  They're just calling up and saying, you owe money.
[01:28:53.820 --> 01:28:54.820]  Yeah.
[01:28:54.820 --> 01:28:55.820]  Are they in your credit?
[01:28:55.820 --> 01:28:58.820]  I don't want to let them get to that point, so.
[01:28:58.820 --> 01:29:00.820]  Are they in your credit report?
[01:29:00.820 --> 01:29:04.820]  I have not pulled one lately, and I guess I need to.
[01:29:04.820 --> 01:29:08.820]  This is from probably seven or eight years ago.
[01:29:08.820 --> 01:29:09.820]  Oh, man.
[01:29:09.820 --> 01:29:10.820]  Now, wait a minute.
[01:29:10.820 --> 01:29:13.820]  Oh, now we're going to get on another topic of this stuff.
[01:29:13.820 --> 01:29:17.820]  First of all, you have a pull-your-credit report.
[01:29:17.820 --> 01:29:21.820]  I understand that's okay, but when you start doing this stuff,
[01:29:21.820 --> 01:29:25.820]  as part of my instructions to everyone is to get signed up to one of these sites
[01:29:25.820 --> 01:29:28.820]  where you can pull your credit report at least once a month.
[01:29:28.820 --> 01:29:32.820]  That's critical, to be able to see what's going on there, okay?
[01:29:32.820 --> 01:29:35.820]  So word to the wise is sufficient.
[01:29:35.820 --> 01:29:39.820]  When you get involved with this, be able to pull your credit report somewheres,
[01:29:39.820 --> 01:29:42.820]  so you can see what they're putting in there and what they're doing.
[01:29:42.820 --> 01:29:43.820]  Right.
[01:29:43.820 --> 01:29:46.820]  The next thing you're talking about, you say, seven or eight years,
[01:29:46.820 --> 01:29:48.820]  what is this, a credit card or what is it?
[01:29:48.820 --> 01:29:49.820]  Okay, wait a minute.
[01:29:49.820 --> 01:29:50.820]  Hold on.
[01:29:50.820 --> 01:29:51.820]  We're going to break, guys.
[01:29:51.820 --> 01:30:01.820]  Stay on the line, Jim, and we'll finish this on the other side.
[01:30:01.820 --> 01:30:04.820]  Are you the plaintiff or defendant in a lawsuit?
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[01:31:02.820 --> 01:31:22.820]  All right.
[01:31:22.820 --> 01:31:28.820]  Tools of Ingenuity Against These Workers of Iniquity.
[01:31:28.820 --> 01:31:34.820]  More applicable bumper music for you guys from Route 1 here.
[01:31:34.820 --> 01:31:36.820]  Okay, so we're talking with Jim in Texas.
[01:31:36.820 --> 01:31:38.820]  So, Mike, go ahead.
[01:31:38.820 --> 01:31:47.820]  Eight years, this seems a little like past the expiration date, so to speak.
[01:31:47.820 --> 01:31:49.820]  I'm trying to find out what it is first.
[01:31:49.820 --> 01:31:51.820]  What was it, a credit card?
[01:31:51.820 --> 01:31:53.820]  It was a credit card originally.
[01:31:53.820 --> 01:31:56.820]  And what are the Statutes of Limitations?
[01:31:56.820 --> 01:32:00.820]  The Statute of Limitations on credit cards in Texas.
[01:32:00.820 --> 01:32:02.820]  Four years as far as I know.
[01:32:02.820 --> 01:32:04.820]  Oh, my God.
[01:32:04.820 --> 01:32:06.820]  Oh, my God, I'd kill these guys.
[01:32:06.820 --> 01:32:10.820]  Oh, man, I'd have them begging me to go away.
[01:32:10.820 --> 01:32:12.820]  Now, wait a minute, is this the original creditor that's going after you
[01:32:12.820 --> 01:32:14.820]  or is this a debt collector that they sold it to?
[01:32:14.820 --> 01:32:19.820]  Oh, no, they give me an acronym for their name.
[01:32:19.820 --> 01:32:21.820]  They won't tell me who they actually are.
[01:32:21.820 --> 01:32:23.820]  So it's not the original?
[01:32:23.820 --> 01:32:24.820]  No.
[01:32:24.820 --> 01:32:27.820]  Oh, that's illegal, too.
[01:32:27.820 --> 01:32:33.820]  Now, Mike, does the Statute of Limitations keep renewing from scratch
[01:32:33.820 --> 01:32:34.820]  every time they sell?
[01:32:34.820 --> 01:32:35.820]  Yeah, they could.
[01:32:35.820 --> 01:32:38.820]  They could if you're not smart enough to do something about it.
[01:32:38.820 --> 01:32:40.820]  I'll give you an example.
[01:32:40.820 --> 01:32:46.820]  I had a gentleman a couple years ago from the Ohio area call me up, older man.
[01:32:46.820 --> 01:32:48.820]  He said, Mike, I'm 68 years old.
[01:32:48.820 --> 01:32:50.820]  He says, I'm driving a 15-year-old truck
[01:32:50.820 --> 01:32:55.820]  and I live at home with my kids and I got cedars after me for a credit card
[01:32:55.820 --> 01:33:00.820]  that my ex-wife opened and she had me on it and we're divorced
[01:33:00.820 --> 01:33:04.820]  and we divorced 15 years ago and they're trying to collect this money.
[01:33:04.820 --> 01:33:05.820]  I says, really?
[01:33:05.820 --> 01:33:07.820]  I says, how old is the account?
[01:33:07.820 --> 01:33:09.820]  He says, well, it was opened 15 years ago.
[01:33:09.820 --> 01:33:12.820]  And I says, when does the account go bad?
[01:33:12.820 --> 01:33:16.820]  He says, oh, I don't know, 10, 12 years ago.
[01:33:16.820 --> 01:33:20.820]  I says, they're outside the Statute of Limitations.
[01:33:20.820 --> 01:33:23.820]  Didn't have a clue as to what that was.
[01:33:23.820 --> 01:33:25.820]  Okay, I explained it to him.
[01:33:25.820 --> 01:33:30.820]  And, of course, he went back and as soon as he made them aware of the fact
[01:33:30.820 --> 01:33:33.820]  that they were outside the Statute of Limitations
[01:33:33.820 --> 01:33:35.820]  and there's even state law on that,
[01:33:35.820 --> 01:33:39.820]  if you go to your secretary of state in the state you're in,
[01:33:39.820 --> 01:33:44.820]  you'll see what the Statute of Limitations are on open-ended accounts
[01:33:44.820 --> 01:33:49.820]  revolving accounts are construed as open-ended accounts.
[01:33:49.820 --> 01:33:53.820]  Credit cards are usually construed as open-ended accounts.
[01:33:53.820 --> 01:33:57.820]  I've been in states where they were as little as three years
[01:33:57.820 --> 01:34:00.820]  and I've been in states where they're as much as seven years.
[01:34:00.820 --> 01:34:04.820]  But if they're outside the Statute of Limitations trying to collect this thing,
[01:34:04.820 --> 01:34:08.820]  they're breaking the state law, never mind the federal law.
[01:34:08.820 --> 01:34:13.820]  And I take them in in federal and if they're outside the SOL,
[01:34:13.820 --> 01:34:17.820]  I bring that up to the federal court as well.
[01:34:17.820 --> 01:34:21.820]  And, you know, in a complaint you can invoke the federal court
[01:34:21.820 --> 01:34:24.820]  to do something as well on an SOL.
[01:34:24.820 --> 01:34:26.820]  Under state statutes?
[01:34:26.820 --> 01:34:29.820]  Under, yeah, state statutes.
[01:34:29.820 --> 01:34:31.820]  Okay.
[01:34:31.820 --> 01:34:34.820]  So you're saying they're probably SOL?
[01:34:34.820 --> 01:34:36.820]  Yeah.
[01:34:36.820 --> 01:34:38.820]  Well, I kind of figured that.
[01:34:38.820 --> 01:34:41.820]  I mean, they call and ask for me by name
[01:34:41.820 --> 01:34:47.820]  and there are more than one person by my name.
[01:34:47.820 --> 01:34:50.820]  And I ask them which one they want and they won't tell me.
[01:34:50.820 --> 01:34:51.820]  Yeah.
[01:34:51.820 --> 01:34:53.820]  Well, you want to find these guys.
[01:34:53.820 --> 01:34:56.820]  You want to do your best to find them and get an address
[01:34:56.820 --> 01:35:00.820]  and let them know what's going on, that you're aware that they're outside the statute.
[01:35:00.820 --> 01:35:02.820]  It all depends on how aggressive you want to get.
[01:35:02.820 --> 01:35:05.820]  Oh, I would love to get very aggressive with it.
[01:35:05.820 --> 01:35:07.820]  Okay.
[01:35:07.820 --> 01:35:12.820]  I mean, I had a traffic ticket that I filed 14 criminal complaints on, so.
[01:35:12.820 --> 01:35:13.820]  Yeah.
[01:35:13.820 --> 01:35:15.820]  I'm not bashful.
[01:35:15.820 --> 01:35:16.820]  Okay.
[01:35:16.820 --> 01:35:17.820]  So I would.
[01:35:17.820 --> 01:35:18.820]  Wow, you amateur.
[01:35:18.820 --> 01:35:21.820]  I got 400.
[01:35:21.820 --> 01:35:22.820]  Yeah, but I'm not.
[01:35:22.820 --> 01:35:24.820]  I just started.
[01:35:24.820 --> 01:35:26.820]  So.
[01:35:26.820 --> 01:35:28.820]  And one other question.
[01:35:28.820 --> 01:35:32.820]  Under the Fair Debt Collection Act, does the IRS have to follow that?
[01:35:32.820 --> 01:35:35.820]  I have been told no.
[01:35:35.820 --> 01:35:36.820]  Okay.
[01:35:36.820 --> 01:35:39.820]  There's a different set of standards the IRS has to follow.
[01:35:39.820 --> 01:35:41.820]  Yeah, they don't have any.
[01:35:41.820 --> 01:35:44.820]  Yeah, I never done anything with the IRS.
[01:35:44.820 --> 01:35:48.820]  I cannot answer 100% truthfully on that.
[01:35:48.820 --> 01:35:49.820]  I don't know.
[01:35:49.820 --> 01:35:59.820]  But, again, being kind of anal and the law says person, person, person, person who reports.
[01:35:59.820 --> 01:36:00.820]  Okay?
[01:36:00.820 --> 01:36:01.820]  I don't know.
[01:36:01.820 --> 01:36:03.820]  I'm waiting for somebody to try it.
[01:36:03.820 --> 01:36:04.820]  I don't know.
[01:36:04.820 --> 01:36:07.820]  Does the IRS make entries on your credit report?
[01:36:07.820 --> 01:36:08.820]  Oh, yeah.
[01:36:08.820 --> 01:36:09.820]  Yes.
[01:36:09.820 --> 01:36:10.820]  Huh.
[01:36:10.820 --> 01:36:16.820]  Well, is there anything in the Fair Debt, in the Fair Credit Reporting Act or the Fair
[01:36:16.820 --> 01:36:22.820]  Debt Collection Practices Act that specifically exempts the IRS from those acts?
[01:36:22.820 --> 01:36:23.820]  No.
[01:36:23.820 --> 01:36:25.820]  As far as I know, it says person.
[01:36:25.820 --> 01:36:28.820]  And we had an explanation as to what a person was earlier.
[01:36:28.820 --> 01:36:29.820]  Right.
[01:36:29.820 --> 01:36:35.820]  As far as what I read, there's no specific thing that excludes them from anything.
[01:36:35.820 --> 01:36:36.820]  Yeah.
[01:36:36.820 --> 01:36:37.820]  The courts have.
[01:36:37.820 --> 01:36:43.820]  It's been a while since I dealt with this, but there's a different set of standards that
[01:36:43.820 --> 01:36:46.820]  the IRS has to adhere to.
[01:36:46.820 --> 01:36:51.820]  It's similar, but it's not the ones that all the collection companies have to do.
[01:36:51.820 --> 01:36:52.820]  I know.
[01:36:52.820 --> 01:36:54.820]  That's a totally separate issue, and it could go on forever.
[01:36:54.820 --> 01:37:00.820]  My thing was, basically, on the company that refused to give you their address, I tell
[01:37:00.820 --> 01:37:02.820]  them to put things in writing.
[01:37:02.820 --> 01:37:09.820]  If I am the one that they're looking for or wanting to talk to, send it to me in writing.
[01:37:09.820 --> 01:37:12.820]  They say they have my address, and I never get anything from them.
[01:37:12.820 --> 01:37:13.820]  Right.
[01:37:13.820 --> 01:37:15.820]  I would make it.
[01:37:15.820 --> 01:37:20.820]  They're just trying to get me in to enter into a contract with them verbally.
[01:37:20.820 --> 01:37:24.820]  Does their phone number show up on caller ID or anything?
[01:37:24.820 --> 01:37:25.820]  Yes.
[01:37:25.820 --> 01:37:26.820]  Some of them do.
[01:37:26.820 --> 01:37:27.820]  Sometimes it will.
[01:37:27.820 --> 01:37:28.820]  Sometimes it won't.
[01:37:28.820 --> 01:37:30.820]  They call from different numbers.
[01:37:30.820 --> 01:37:31.820]  Okay.
[01:37:31.820 --> 01:37:32.820]  Here's what you can do, my friend.
[01:37:32.820 --> 01:37:33.820]  Real simple.
[01:37:33.820 --> 01:37:34.820]  Find out who they are.
[01:37:34.820 --> 01:37:38.820]  You call up the telephone company who's ever got your service, and you tell them you're
[01:37:38.820 --> 01:37:42.820]  being harassed by these guys, and you want to know who they are.
[01:37:42.820 --> 01:37:44.820]  They may or may not give you that information.
[01:37:44.820 --> 01:37:48.820]  However, they will give it to your local police department.
[01:37:48.820 --> 01:37:52.820]  You'll find out who they are very quickly.
[01:37:52.820 --> 01:37:57.820]  The telephone company will tell you, we will find out who they are, who's calling, but
[01:37:57.820 --> 01:37:59.820]  we can't give it to you.
[01:37:59.820 --> 01:38:01.820]  You'll have to file with your local police.
[01:38:01.820 --> 01:38:02.820]  You call up the police.
[01:38:02.820 --> 01:38:06.820]  You tell them what's going on and say, hey, the phone company is going to be getting in
[01:38:06.820 --> 01:38:07.820]  touch with you.
[01:38:07.820 --> 01:38:12.820]  I'm tired of being harassed by these guys, because those are harassing phone calls, and
[01:38:12.820 --> 01:38:15.820]  they are against the law, in this case especially.
[01:38:15.820 --> 01:38:19.820]  I think you'll find out very easily who they are and where they're calling from.
[01:38:19.820 --> 01:38:25.820]  Once you have that, you send them the notice of pending lawsuits, see what they want to
[01:38:25.820 --> 01:38:26.820]  do.
[01:38:26.820 --> 01:38:29.820]  Jim, there's something called call trace.
[01:38:29.820 --> 01:38:33.820]  Most local telephone services provide it.
[01:38:33.820 --> 01:38:38.820]  You know how if you type in, like if you dial star 69, it'll call back the most recent
[01:38:38.820 --> 01:38:43.820]  number that's called you, and like star 67 will block your outgoing caller ID.
[01:38:43.820 --> 01:38:49.820]  I forgot what the code is, but there's another one called call trace, and what that one does
[01:38:49.820 --> 01:38:56.820]  is that basically it traces the call and it sends some kind of notification to the police
[01:38:56.820 --> 01:39:03.820]  department and to the phone company, and if you get three successful call traces to the
[01:39:03.820 --> 01:39:08.820]  same number, then you've got a dead-bang harassment case, and the cops will go after them.
[01:39:08.820 --> 01:39:09.820]  That's good.
[01:39:09.820 --> 01:39:12.820]  I've got one policeman department here.
[01:39:12.820 --> 01:39:19.820]  Really, it's the prosecutor that's going to go after them more than anything, but look
[01:39:19.820 --> 01:39:26.820]  into that call trace because that's the easiest and best way to deal with that kind of situation.
[01:39:26.820 --> 01:39:27.820]  That's great.
[01:39:27.820 --> 01:39:30.820]  I appreciate the information, and this is a great show tonight.
[01:39:30.820 --> 01:39:31.820]  Thanks, Jim.
[01:39:31.820 --> 01:39:33.820]  You guys keep up the good work.
[01:39:33.820 --> 01:39:34.820]  Okay, awesome.
[01:39:34.820 --> 01:39:35.820]  Take care.
[01:39:35.820 --> 01:39:38.820]  All right, we're going to go now to Matt in Texas.
[01:39:38.820 --> 01:39:40.820]  Matt, thanks for calling in.
[01:39:40.820 --> 01:39:42.820]  What is your question for our guest?
[01:39:42.820 --> 01:39:48.820]  Hey, I was wondering how this applies to student loans.
[01:39:48.820 --> 01:39:54.820]  Is there any particular issue with student loans and how you would handle it?
[01:39:54.820 --> 01:39:57.820]  What is it that you're still on?
[01:39:57.820 --> 01:40:04.820]  Well, you know, student loans would represent a potential debt that somebody might want
[01:40:04.820 --> 01:40:05.820]  to get rid of.
[01:40:05.820 --> 01:40:06.820]  Oh, yeah.
[01:40:06.820 --> 01:40:12.820]  My guy up in Rhode Island right now has got Sally Mae in federal court under violations
[01:40:12.820 --> 01:40:15.820]  of the Fair Credit Reporting Act.
[01:40:15.820 --> 01:40:16.820]  Oh, yeah.
[01:40:16.820 --> 01:40:17.820]  Oh, yeah.
[01:40:17.820 --> 01:40:19.820]  So you don't see a problem in that.
[01:40:19.820 --> 01:40:23.820]  I think the point you're missing is it's not about the nature of the debt.
[01:40:23.820 --> 01:40:27.820]  It's about the behavior of those trying to collect the debt.
[01:40:27.820 --> 01:40:28.820]  Right.
[01:40:28.820 --> 01:40:30.820]  Or how they're reporting it.
[01:40:30.820 --> 01:40:31.820]  Or how they're reporting it.
[01:40:31.820 --> 01:40:38.820]  And so there's nothing – you handle a situation of a student loan – you handle a situation
[01:40:38.820 --> 01:40:41.820]  of a student loan the exact same way?
[01:40:41.820 --> 01:40:42.820]  Absolutely.
[01:40:42.820 --> 01:40:43.820]  Hold on, wait a minute.
[01:40:43.820 --> 01:40:46.820]  Randy or somebody, I hear some – like a scraping noise or something.
[01:40:46.820 --> 01:40:48.820]  I was having trouble hearing Mike.
[01:40:48.820 --> 01:40:51.820]  Okay, so Mike, you handle it the exact same way.
[01:40:51.820 --> 01:40:53.820]  Absolutely, the same exact way.
[01:40:53.820 --> 01:40:59.820]  There are a person reporting in your credit report and there's rules they're supposed to follow.
[01:40:59.820 --> 01:41:01.820]  And they're not doing it, are they?
[01:41:01.820 --> 01:41:02.820]  No.
[01:41:02.820 --> 01:41:06.820]  This one fella, he's in the fall upon his loan.
[01:41:06.820 --> 01:41:08.820]  He's learning his stuff.
[01:41:08.820 --> 01:41:10.820]  And he's being threatened.
[01:41:10.820 --> 01:41:15.820]  It's going back to the state of Illinois or someplace like that where he went to school.
[01:41:15.820 --> 01:41:20.820]  And he's been told that they're going to return it to the state of Illinois and come after him.
[01:41:20.820 --> 01:41:25.820]  And he in turn turned around and used the fair credit and went after him.
[01:41:25.820 --> 01:41:27.820]  And there are a whole bunch of things they failed to do.
[01:41:27.820 --> 01:41:31.820]  And he's got him in federal court right now.
[01:41:31.820 --> 01:41:32.820]  Sweet.
[01:41:32.820 --> 01:41:33.820]  Yep.
[01:41:33.820 --> 01:41:34.820]  That's good news.
[01:41:34.820 --> 01:41:35.820]  Yep, yep.
[01:41:35.820 --> 01:41:37.820]  You know, it's real simple.
[01:41:37.820 --> 01:41:41.820]  Just follow the law and I can't touch you.
[01:41:41.820 --> 01:41:46.820]  The problem is you're dealing with major corporations that are totally arrogant.
[01:41:46.820 --> 01:41:49.820]  They have millions of dollars behind them.
[01:41:49.820 --> 01:41:52.820]  And they don't have to talk to you because you're nothing but a consumer.
[01:41:52.820 --> 01:42:03.820]  And it sounds like the judges are going to be, you know, it sounds like it's not going to be as difficult to deal with judges in these situations as it is when you're going after public officials.
[01:42:03.820 --> 01:42:08.820]  They don't have, the judges are not going to have the motivation to protect the defendants.
[01:42:08.820 --> 01:42:11.820]  Exactly, exactly.
[01:42:11.820 --> 01:42:16.820]  And like I say, I have not been in a trial and they don't seem to want to go there.
[01:42:16.820 --> 01:42:20.820]  They always seem to want to settle before it's got to go to trial.
[01:42:20.820 --> 01:42:29.820]  And, you know, I kind of chuckle at them myself and I wonder why, you know, because they know they're going to – and they know they're not going to get any mercy in a court of law.
[01:42:29.820 --> 01:42:42.820]  Can you imagine having somebody like Bank of America or Bank One or one of these big banks that we all just bailed out in front of a jury asking for sympathy?
[01:42:42.820 --> 01:42:44.820]  I don't think it's going to happen.
[01:42:44.820 --> 01:42:52.820]  I think people are fed up with this, especially with the economy and the way things are right now, seeing all these bad bailouts.
[01:42:52.820 --> 01:42:54.820]  AIG, what did AIG do?
[01:42:54.820 --> 01:42:56.820]  They insured all the mortgages.
[01:42:56.820 --> 01:43:09.820]  I'm hoping that people, okay, the people who got the bad notes would default so they could collect on the insurance that AIG was providing, forcing them into a bad situation.
[01:43:09.820 --> 01:43:10.820]  And what did we do?
[01:43:10.820 --> 01:43:14.820]  We gave them what, $80 billion or what so they don't fall?
[01:43:14.820 --> 01:43:16.820]  Come on.
[01:43:16.820 --> 01:43:22.820]  I'm sorry if I get a little passionate on this, but did you see the stuff that goes on?
[01:43:22.820 --> 01:43:23.820]  It's unbelievable.
[01:43:23.820 --> 01:43:24.820]  Oh, yeah.
[01:43:24.820 --> 01:43:26.820]  I don't see a jury having any sympathy.
[01:43:26.820 --> 01:43:27.820]  Oh, poor banksters.
[01:43:27.820 --> 01:43:30.820]  Give me a break.
[01:43:30.820 --> 01:43:35.820]  Yeah, and besides, it would be way too expensive to go through the trial anyway.
[01:43:35.820 --> 01:43:43.820]  I mean, talk about how much money they're having to spend on lawyers just to do, you know, pre-litigation settlement arrangements.
[01:43:43.820 --> 01:43:44.820]  Exactly.
[01:43:44.820 --> 01:43:48.820]  Boy, they'd need a bailout if they had to go to trial, for sure.
[01:43:48.820 --> 01:43:51.820]  Okay, if we lose 100,000 people doing it.
[01:43:51.820 --> 01:43:52.820]  Absolutely.
[01:43:52.820 --> 01:43:54.820]  Okay, listen, we'll be right back.
[01:43:54.820 --> 01:44:06.820]  Yes.
[01:44:06.820 --> 01:44:17.820]  Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides, carcinogens and chemical fibers all falling from the sky.
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[01:45:18.820 --> 01:45:47.820]  Music
[01:45:47.820 --> 01:45:53.820]  Okay, we're down to our final segment here on the rule of law with Mike Maris.
[01:45:53.820 --> 01:45:57.820]  And Mike, definitely got to have you on again.
[01:45:57.820 --> 01:45:59.820]  This is excellent stuff.
[01:45:59.820 --> 01:46:04.820]  Okay, Kenny from California has called back in again.
[01:46:04.820 --> 01:46:07.820]  Okay, Kenny, what is your question for our guest?
[01:46:07.820 --> 01:46:09.820]  Hey, it's me again.
[01:46:09.820 --> 01:46:10.820]  Hey, guys.
[01:46:10.820 --> 01:46:11.820]  Okay.
[01:46:11.820 --> 01:46:12.820]  Okay, a couple things.
[01:46:12.820 --> 01:46:21.820]  Earlier about validating, disputing and validating, can that be, your opinion that can be in the same document or do they need to be separate?
[01:46:21.820 --> 01:46:24.820]  No, no, no, no.
[01:46:24.820 --> 01:46:29.820]  You validate with a debt collector only.
[01:46:29.820 --> 01:46:33.820]  You dispute with a creditor.
[01:46:33.820 --> 01:46:34.820]  Okay.
[01:46:34.820 --> 01:46:37.820]  Okay.
[01:46:37.820 --> 01:46:39.820]  Dispute letter is very simple.
[01:46:39.820 --> 01:46:43.820]  Name, address, put in, I put right underneath mine.
[01:46:43.820 --> 01:46:50.820]  If the one I do mine is subject, semicolon, this is a letter of dispute.
[01:46:50.820 --> 01:46:53.820]  You're reporting this account, you know, in my credit report.
[01:46:53.820 --> 01:46:57.820]  I pulled my credit report and you're reporting this account and I dispute this.
[01:46:57.820 --> 01:47:01.820]  Sign your name and mail it, certified mail.
[01:47:01.820 --> 01:47:02.820]  That's it.
[01:47:02.820 --> 01:47:04.820]  I have some template for that.
[01:47:04.820 --> 01:47:07.820]  I've done plenty of validation letters.
[01:47:07.820 --> 01:47:08.820]  Yeah.
[01:47:08.820 --> 01:47:11.820]  I think the other revenues might be way more involved than they need to be.
[01:47:11.820 --> 01:47:12.820]  You're killing yourself.
[01:47:12.820 --> 01:47:18.820]  I've seen some of these cases where people showed me what they said and they're attaching case law.
[01:47:18.820 --> 01:47:21.820]  Don't educate these guys that you know something.
[01:47:21.820 --> 01:47:25.820]  You want to play dumb like a fox.
[01:47:25.820 --> 01:47:26.820]  Got it, got it.
[01:47:26.820 --> 01:47:27.820]  Okay.
[01:47:27.820 --> 01:47:28.820]  Okay.
[01:47:28.820 --> 01:47:36.820]  Naming, now if I was going to, if the point that I'm going to file a civil case against these folks in federal court,
[01:47:36.820 --> 01:47:44.820]  am I to understand that I would be naming the plaintiff from the original case,
[01:47:44.820 --> 01:47:51.820]  I'd be naming the plaintiff as the defendant and the attorney firm and the original creditor both as co-defendants in one case?
[01:47:51.820 --> 01:47:52.820]  You could do that.
[01:47:52.820 --> 01:47:57.820]  Now my suggestion is that if you have a debt collector involved,
[01:47:57.820 --> 01:48:02.820]  you name the debt collector and then name the creditor as the co-defendant
[01:48:02.820 --> 01:48:09.820]  because you're going to dispute with the creditor and you're going to nail him up against the cross
[01:48:09.820 --> 01:48:16.820]  and you're going to validate with the debt collector and you're going to nail him on the other side of the cross.
[01:48:16.820 --> 01:48:17.820]  Okay?
[01:48:17.820 --> 01:48:19.820]  So now they're both hanging there.
[01:48:19.820 --> 01:48:23.820]  And when you do your complaint, you can break that into series.
[01:48:23.820 --> 01:48:32.820]  Here's my complaint against the defendant and here's my complaint against the co-defendant, all in the same complaint.
[01:48:32.820 --> 01:48:33.820]  No problem.
[01:48:33.820 --> 01:48:34.820]  Okay, yes.
[01:48:34.820 --> 01:48:38.820]  All right, so it sounds like the debt collection company that was the plaintiff in the other case would be the defendant
[01:48:38.820 --> 01:48:42.820]  and then the attorney firm and the creditor would both be co-defendants.
[01:48:42.820 --> 01:48:43.820]  Okay.
[01:48:43.820 --> 01:48:47.820]  And then the third thing I was going to just throw it at you and see if you had an idea for a remedy on this.
[01:48:47.820 --> 01:48:51.820]  What's been going on, or at least in the L.A. County Court, I don't have to deal with that anymore,
[01:48:51.820 --> 01:49:02.820]  but what was going on there was with my case, I was unsuccessful in getting a court reporter to work for me.
[01:49:02.820 --> 01:49:07.820]  And apparently what's going on is, and I don't know if it's the attorneys doing it or the courts,
[01:49:07.820 --> 01:49:11.820]  but they're scaring the court reporters away from working for pro se.
[01:49:11.820 --> 01:49:13.820]  Do you have a remedy for that?
[01:49:13.820 --> 01:49:16.820]  Do you have any ideas on how to work around that?
[01:49:16.820 --> 01:49:20.820]  I mean, I'm just, I thought it might be a good question for others to hear.
[01:49:20.820 --> 01:49:25.820]  I now won't be dealing with it, well, hopefully won't be dealing with it in L.A. courts again,
[01:49:25.820 --> 01:49:28.820]  but just thought I'd see if you might have a remedy for that.
[01:49:28.820 --> 01:49:35.820]  Well, I understand the need of having a stenographer, that's for sure, but I have not run into that problem.
[01:49:35.820 --> 01:49:42.820]  I've had some come back and say, we only do work for attorneys, we won't do pro se,
[01:49:42.820 --> 01:49:48.820]  and then there's some several large, large nationwide firms out there that just jump at the chance
[01:49:48.820 --> 01:49:50.820]  to get one of their people in there working.
[01:49:50.820 --> 01:49:55.820]  And I forget you've got to pay them like 50 bucks up front, and then they get so much a page,
[01:49:55.820 --> 01:49:57.820]  and that's where they make their money.
[01:49:57.820 --> 01:50:01.820]  They get like $3 a page from the transcript, you know.
[01:50:01.820 --> 01:50:04.820]  But I've never had an issue getting a stenographer.
[01:50:04.820 --> 01:50:11.820]  But then again, a lot of times you don't even need to go that far in these cases.
[01:50:11.820 --> 01:50:13.820]  Right, right, right, yeah.
[01:50:13.820 --> 01:50:17.820]  Yeah, I can see where you would, and I think the strategy I'm using is probably not going to come up,
[01:50:17.820 --> 01:50:22.820]  but it was just something that I had tried with my case in California.
[01:50:22.820 --> 01:50:27.820]  I called about, I don't know, 15, and they all, well, one agreed to do it
[01:50:27.820 --> 01:50:30.820]  and then called me back two hours later and canceled.
[01:50:30.820 --> 01:50:33.820]  All the others said, no, we don't work with, we won't work with pro se.
[01:50:33.820 --> 01:50:35.820]  We won't work with pro se.
[01:50:35.820 --> 01:50:41.820]  Now, I've been told by some other folks that you can go in into the, like whatever hearing you have,
[01:50:41.820 --> 01:50:47.820]  you can go in in lieu of a stenographer, you can go in and record it with some, like a little recording device,
[01:50:47.820 --> 01:50:51.820]  and then turn around and have someone transcribe that.
[01:50:51.820 --> 01:50:55.820]  You'll never get in a federal building with a recorder on you.
[01:50:55.820 --> 01:50:57.820]  They'll stop you right at security.
[01:50:57.820 --> 01:51:00.820]  Yeah, that's kind of what I figured, so yeah.
[01:51:00.820 --> 01:51:03.820]  All right, well, hey, thanks again, and appreciate it.
[01:51:03.820 --> 01:51:04.820]  It's a great show.
[01:51:04.820 --> 01:51:05.820]  I'll let you move on.
[01:51:05.820 --> 01:51:07.820]  I don't have much time left.
[01:51:07.820 --> 01:51:08.820]  Okay.
[01:51:08.820 --> 01:51:09.820]  All right, thanks, Kenny.
[01:51:09.820 --> 01:51:10.820]  Thanks, everybody, Randy.
[01:51:10.820 --> 01:51:12.820]  Okay, we don't have any more callers right now.
[01:51:12.820 --> 01:51:13.820]  I've got seven minutes left.
[01:51:13.820 --> 01:51:14.820]  Okay.
[01:51:14.820 --> 01:51:17.820]  So if anyone wants to call in, you've got a few minutes left.
[01:51:17.820 --> 01:51:23.820]  But in the meantime, just wanted to find out, if you could just tell our listeners, Mike,
[01:51:23.820 --> 01:51:28.820]  what people could expect to see on your CD, you know.
[01:51:28.820 --> 01:51:33.820]  Is there audio, documents, just describe what are the contents of the CD,
[01:51:33.820 --> 01:51:35.820]  what are people going to be getting?
[01:51:35.820 --> 01:51:38.820]  Well, it's really simple.
[01:51:38.820 --> 01:51:44.820]  It's step-by-step, you know, starts out in this particular one.
[01:51:44.820 --> 01:51:46.820]  You know, you've gotten the Dunning letters.
[01:51:46.820 --> 01:51:51.820]  You've been, you're getting the phone calls, and you just don't know what to do.
[01:51:51.820 --> 01:51:57.820]  And it, you know, it just takes you through step-by-step, and I tell you how to do it.
[01:51:57.820 --> 01:52:03.820]  And, you know, essentially the CD opens, and I have, you know,
[01:52:03.820 --> 01:52:07.820]  a copy of it right here in front of me, how to stop debt collectors.
[01:52:07.820 --> 01:52:12.820]  And it starts out real simple, keep it easy, make sure everybody can understand.
[01:52:12.820 --> 01:52:16.820]  Well, you decided you've had enough of the harassment, phone calls, threats,
[01:52:16.820 --> 01:52:19.820]  default judgments, and garnishments.
[01:52:19.820 --> 01:52:23.820]  What you will learn here is the way to stop these guys dead in their tracks
[01:52:23.820 --> 01:52:27.820]  and even get those judgments removed in a settlement reach so that they will never be,
[01:52:27.820 --> 01:52:34.820]  you will never be bothered again, and even possibly get them to pay you to go away.
[01:52:34.820 --> 01:52:38.820]  So that's kind of the first opening paragraph, but we go into, you know,
[01:52:38.820 --> 01:52:40.820]  what do I base this stuff on?
[01:52:40.820 --> 01:52:44.820]  You know, I mentioned again, I mentioned it earlier tonight, I am not an attorney.
[01:52:44.820 --> 01:52:48.820]  I'm not giving legal advice here.
[01:52:48.820 --> 01:52:54.820]  I'm just giving you from my experience how to do this stuff and how to get a hold of the USC,
[01:52:54.820 --> 01:53:00.820]  15 USC 1692, which is the Fair Debt Collection Practices Act,
[01:53:00.820 --> 01:53:08.820]  and how to get a hold of the Fair Credit Reporting Act, 15 USC 1681.
[01:53:08.820 --> 01:53:12.820]  I give you the sites where you can find them, how to sign up the PACER,
[01:53:12.820 --> 01:53:15.820]  how to see the cases on PACER.
[01:53:15.820 --> 01:53:19.820]  It's very self-instructive what you go there.
[01:53:19.820 --> 01:53:23.820]  Get into, okay, they're calling you, and how do you handle them when you're calling?
[01:53:23.820 --> 01:53:26.820]  I mean, you know, I've heard people won't answer their phones.
[01:53:26.820 --> 01:53:31.820]  Man, it's your phone, and you're afraid to answer because you've got a debt collector calling you.
[01:53:31.820 --> 01:53:34.820]  I mean, God, it's terrible, okay?
[01:53:34.820 --> 01:53:37.820]  And, you know, you need to take control, and I show you how to take control,
[01:53:37.820 --> 01:53:41.820]  and the questions, the 18 questions are in there, you know?
[01:53:41.820 --> 01:53:46.820]  And, you know, this is an attempt to collect the debt.
[01:53:46.820 --> 01:53:50.820]  They better tell you that because if they don't, you know, and I quote the law,
[01:53:50.820 --> 01:53:52.820]  they do not inform you of your rights.
[01:53:52.820 --> 01:53:57.820]  I violated Section 807 of the Debt Collection Practices Act.
[01:53:57.820 --> 01:54:00.820]  It is a $1,000 violation.
[01:54:00.820 --> 01:54:05.820]  And, oh, by the way, never tell them not to contact you.
[01:54:05.820 --> 01:54:06.820]  The reason?
[01:54:06.820 --> 01:54:11.820]  They can just go ahead and sue you for refusing to pay.
[01:54:11.820 --> 01:54:16.820]  And then we get into a little thing in the, I don't know,
[01:54:16.820 --> 01:54:21.820]  I hadn't talked about it earlier, into the little bills that they sent you,
[01:54:21.820 --> 01:54:24.820]  the little letters that they sent you saying you owe this money,
[01:54:24.820 --> 01:54:30.820]  and you better pay or else, or contact this office right away to make arrangements
[01:54:30.820 --> 01:54:32.820]  to make payments.
[01:54:32.820 --> 01:54:38.820]  Well, that is called overshadowing, overshadowing.
[01:54:38.820 --> 01:54:41.820]  And what the heck is that, is everybody saying?
[01:54:41.820 --> 01:54:44.820]  If you read the Debt Collection Practices way down the bottom,
[01:54:44.820 --> 01:54:46.820]  they talk about overshadowing.
[01:54:46.820 --> 01:54:51.820]  And what overshadowing is, is that when they say things to you,
[01:54:51.820 --> 01:54:54.820]  first of all, on the bottom of that page it should say,
[01:54:54.820 --> 01:54:56.820]  or somewhere in that page it should say,
[01:54:56.820 --> 01:54:58.820]  this is an attempt to collect a debt.
[01:54:58.820 --> 01:55:00.820]  Well, that's a pretty lengthy paragraph,
[01:55:00.820 --> 01:55:02.820]  and for the most part they leave out most of it
[01:55:02.820 --> 01:55:06.820]  because they talk about overshadowing in that paragraph.
[01:55:06.820 --> 01:55:08.820]  But they never put it in their letters.
[01:55:08.820 --> 01:55:10.820]  They just say, this is an attempt to collect a debt,
[01:55:10.820 --> 01:55:13.820]  and any information gathered will be used for that purpose,
[01:55:13.820 --> 01:55:17.820]  or any information obtained will be used for that purpose.
[01:55:17.820 --> 01:55:20.820]  When they say things like, make payment now,
[01:55:20.820 --> 01:55:25.820]  call this office immediately to arrange payments, pay this thing now,
[01:55:25.820 --> 01:55:28.820]  that's overshadowing of the law.
[01:55:28.820 --> 01:55:35.820]  And the law says basically you have 30 days to dispute this thing, okay?
[01:55:35.820 --> 01:55:38.820]  Well, if I have 30 days to dispute it,
[01:55:38.820 --> 01:55:41.820]  why are you telling me to contact this office now?
[01:55:41.820 --> 01:55:43.820]  Why are you telling me to pay this thing?
[01:55:43.820 --> 01:55:49.820]  This goes back to a wording within the Debt Collection Practices Act
[01:55:49.820 --> 01:55:56.820]  that says, the least sophisticated consumer.
[01:55:56.820 --> 01:55:59.820]  The least sophisticated consumer, okay?
[01:55:59.820 --> 01:56:02.820]  And here's a little excerpt from one of my discs.
[01:56:02.820 --> 01:56:06.820]  If they have said things in the letter to you like, pay now,
[01:56:06.820 --> 01:56:08.820]  or call this office to make arrangements to pay,
[01:56:08.820 --> 01:56:11.820]  or contact this office to make arrangements to pay,
[01:56:11.820 --> 01:56:19.820]  this is construed as overshadowing to the least sophisticated consumer.
[01:56:19.820 --> 01:56:20.820]  Read the law.
[01:56:20.820 --> 01:56:24.820]  They have that word in the law, these words in the law, least sophisticated consumer.
[01:56:24.820 --> 01:56:29.820]  In other words, it makes people think they have to address the situation right away
[01:56:29.820 --> 01:56:36.820]  and overshadows the consumer warning on your right to dispute this within 30 days
[01:56:36.820 --> 01:56:41.820]  and here is the federal case law that supports this
[01:56:41.820 --> 01:56:45.820]  from the Wisconsin Federal District Court.
[01:56:45.820 --> 01:56:46.820]  And I'll give it to you.
[01:56:46.820 --> 01:56:49.820]  This is all part of my disc that's on there.
[01:56:49.820 --> 01:56:53.820]  Deborah, not my Deborah that's on this phone call,
[01:56:53.820 --> 01:56:58.820]  but Deborah was this lady's first name, and I'll pronounce it as best I can,
[01:56:58.820 --> 01:57:06.820]  Peckowitz, T-Y-C-H-E-W-I-C-Z.
[01:57:06.820 --> 01:57:13.820]  Plainiff v. Richard Doberson, PBA, Credit Associates is the defendant.
[01:57:13.820 --> 01:57:18.820]  And the case number, 96, this happened in 1996,
[01:57:18.820 --> 01:57:27.820]  96C0195S, United States District Court for the Western District of Wisconsin,
[01:57:27.820 --> 01:57:32.820]  Lexus 22555.
[01:57:32.820 --> 01:57:35.820]  Go to PACER, you can pull it up and see it.
[01:57:35.820 --> 01:57:37.820]  Okay?
[01:57:37.820 --> 01:57:43.820]  So we get into this, there's, you know, a complete complaint in there
[01:57:43.820 --> 01:57:46.820]  so you can actually see what a complaint looks like
[01:57:46.820 --> 01:57:49.820]  and, you know, how you get to these different situations
[01:57:49.820 --> 01:57:53.820]  and how to prepare the complaint and so on and so forth, you know.
[01:57:53.820 --> 01:57:56.820]  So it's pretty comprehensive.
[01:57:56.820 --> 01:57:58.820]  Excellent, excellent.
[01:57:58.820 --> 01:58:02.820]  Okay, listen, we're coming up to the end of the show.
[01:58:02.820 --> 01:58:06.820]  We've got Jeff from Maryland, who's a friend of yours, calling in,
[01:58:06.820 --> 01:58:08.820]  and Ron from California.
[01:58:08.820 --> 01:58:12.820]  We've pretty much decided we're not going to do overtime mode anymore on this show,
[01:58:12.820 --> 01:58:15.820]  but I don't have a client coming into the studio right now,
[01:58:15.820 --> 01:58:19.820]  so if you want, Mike, we could go for, you know, another half hour or so,
[01:58:19.820 --> 01:58:21.820]  take these next couple of calls.
[01:58:21.820 --> 01:58:22.820]  It's up to you.
[01:58:22.820 --> 01:58:23.820]  Okay, all right, all right.
[01:58:23.820 --> 01:58:27.820]  We're going to make a special exception here on the rule of law.
[01:58:27.820 --> 01:58:30.820]  We're going to go into overtime mode for just a little while longer
[01:58:30.820 --> 01:58:32.820]  because we've got such a wonderful guest,
[01:58:32.820 --> 01:58:35.820]  and we'll take Jeff from Maryland and Ron from California.
[01:58:35.820 --> 01:58:39.820]  We'll be back after this short break.
[01:58:39.820 --> 01:58:40.820]  Okay.
[01:58:40.820 --> 01:59:00.820]  Music.
[01:59:00.820 --> 01:59:04.820]  Activism, education, celebration.
[01:59:04.820 --> 01:59:06.820]  Looking for something to do this October?
[01:59:06.820 --> 01:59:10.820]  Be part of the largest freedom festival on either side of the Mississippi,
[01:59:10.820 --> 01:59:12.820]  the Midwest Liberty Fest.
[01:59:12.820 --> 01:59:17.820]  Come to DeCoin, Illinois, this October 9th, 10th, and 11th.
[01:59:17.820 --> 01:59:23.820]  The festival includes speakers, activist training, workshops, music, and great vendors.
[01:59:23.820 --> 01:59:26.820]  Bring a friend and tell them to bring a friend.
[01:59:26.820 --> 01:59:29.820]  This festival is for everyone who loves freedom of all ages.
[01:59:29.820 --> 01:59:34.820]  Don't miss the Midwest Liberty Festival at the State Fairgrounds in DeCoin, Illinois,
[01:59:34.820 --> 01:59:37.820]  October 9th, 10th, and 11th.
[01:59:37.820 --> 01:59:42.820]  Visit the website at www.MidwestLibertyFest.com for all the details.
[01:59:42.820 --> 01:59:46.820]  Visit www.MidwestLibertyFest.com.
[01:59:46.820 --> 01:59:48.820]  Don't let the fall breeze get you down.
[01:59:48.820 --> 01:59:50.820]  Come join the fun.
[01:59:50.820 --> 01:59:53.820]  Tickets are going fast, so don't miss out on the Midwest Liberty Fest,
[01:59:53.820 --> 01:59:56.820]  the best Oktoberfest this year.
[01:59:56.820 --> 02:00:05.820]  Visit www.MidwestLibertyFest.com for all the details.