ROL_2009-12-11_16k_Hr3-4.timecode

[00:00.000 --> 00:04.880]  This news brief brought to you by the International News Net.
[00:04.880 --> 00:09.560]  Foreclosure filings in the U.S. will reach a record in 2009
[00:09.560 --> 00:13.320]  with 3.9 million notices sent to homeowners in default.
[00:13.320 --> 00:18.280]  John Quigley, economics professor at the University of California Berkeley says,
[00:18.280 --> 00:22.600]  we are a long way from a recovery, adding, you can't start to see improvement
[00:22.600 --> 00:27.520]  in the housing market until after unemployment peaks.
[00:27.520 --> 00:31.520]  Democrats are preparing to raise the federal debt ceiling by as much
[00:31.520 --> 00:35.640]  as 1.8 trillion dollars before the New Year's rather than have
[00:35.640 --> 00:39.800]  to face the issue prior to the 2010 elections.
[00:39.800 --> 00:41.640]  There's growing pressure in the Senate
[00:41.640 --> 00:45.720]  for a bipartisan task force to reduce the deficit.
[00:45.720 --> 00:50.400]  A Mexican company will pay 1.8 billion dollars for environmental cleanup
[00:50.400 --> 00:56.000]  at 80 sites in 19 states where bankrupt copper producer Asarco mined
[00:56.000 --> 00:57.520]  and operated smelters.
[00:57.520 --> 01:01.120]  Grupo Mexico regained control of Asarco Thursday as part
[01:01.120 --> 01:03.800]  of a court approved bankruptcy plan.
[01:03.800 --> 01:09.000]  Grupo Mexico was accused of looting Asarco and then forcing it into bankruptcy
[01:09.000 --> 01:13.120]  to avoid paying 6 billion dollars in environmental claims.
[01:13.120 --> 01:22.440]  Egypt has begun building an underground wall to after 100 feet deep along its border
[01:22.440 --> 01:27.560]  with the Gaza Strip to block tunnels used to smuggle contraband and weapons.
[01:27.560 --> 01:30.520]  Residents of Rafa, the border town which has become the center
[01:30.520 --> 01:36.360]  for a major smuggling operation, say engineers have brought in earth moving equipment
[01:36.360 --> 01:40.800]  and are placing deep steel tubes at short intervals into the ground.
[01:40.800 --> 01:43.520]  Egyptian government has not confirmed the claims
[01:43.520 --> 01:49.440]  but one security source said the plan was to build a blast proof impenetrable steel wall
[01:49.440 --> 01:55.400]  of adjoining two inch thick sheets across stretches of the frontier used by smugglers.
[01:55.400 --> 02:01.600]  Israel has enforced a blockade of Gaza after Hamas won elections there in 2007.
[02:01.600 --> 02:07.160]  It allows some basic supplies through while Egypt opens the Rafa crossing once a month
[02:07.160 --> 02:12.160]  for up to three days to allow people to cross.
[02:12.160 --> 02:16.840]  The American Civil Liberties Union says Barack Obama is allowing George Bush's
[02:16.840 --> 02:22.640]  torture policies to continue by creating impunity for CIA interrogators
[02:22.640 --> 02:25.760]  who used waterboarding on suspected militants.
[02:25.760 --> 02:29.640]  In April, Obama released Bush era memos specifying
[02:29.640 --> 02:32.800]  that the practice did not constitute torture.
[02:32.800 --> 02:37.760]  Dick Cheney and former Defense Secretary Donald Rumsfeld were among those accused
[02:37.760 --> 02:40.560]  of masterminding the Bush torture policy.
[02:40.560 --> 02:45.080]  Jamil Jaffa, director of the ACLU's National Security Project,
[02:45.080 --> 02:50.080]  noted that on every front the administration is actively obstructing accountability
[02:50.080 --> 02:55.000]  by shielding Bush officials from civil liability, criminal investigation
[02:55.000 --> 02:59.480]  and even public scrutiny for their role in authorizing torture.
[02:59.480 --> 03:19.080]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech talk radio at its best.
[03:29.480 --> 03:38.680]  Okay, what is good for the gander is good for the goose.
[03:38.680 --> 03:40.680]  That's the name of this song here.
[03:40.680 --> 03:44.880]  These guys want to try to take us to task, well we're taking them to task.
[03:44.880 --> 03:47.280]  Taking them to task first, I might add.
[03:47.280 --> 03:51.080]  So the call board is getting filled up again.
[03:51.080 --> 03:54.080]  This is a good thing, but before we go to calls, Mike,
[03:54.080 --> 03:58.080]  you were going to give out the information about how to get your free credit reports.
[03:58.080 --> 04:03.080]  Yes, and they do advertise this on TV, but a couple of years ago they passed a new law
[04:03.080 --> 04:06.880]  that says because of all the fraud and all the stuff that was going on,
[04:06.880 --> 04:10.480]  people should be able to get their credit report at least once a year free.
[04:10.480 --> 04:18.480]  And it's a real simple thing, it's called annualcreditreport.com, annualcreditreport.com.
[04:18.480 --> 04:25.080]  You go there and you'll see all three credit bureaus, Equifax, Experian and TransUnion.
[04:25.080 --> 04:29.080]  And you go in there, you put your state in and it will ask you a few questions
[04:29.080 --> 04:34.280]  and within ten minutes you'll have three credit reports of running it.
[04:34.280 --> 04:40.080]  Absolutely free, does not cost you anything, but you can only do it one time a year.
[04:40.080 --> 04:45.480]  So if you haven't done it this year, do it now and then you can do it again in January.
[04:45.480 --> 04:47.480]  New year.
[04:47.480 --> 04:52.880]  So it's not like every 365 days, it's once every calendar year.
[04:52.880 --> 04:53.480]  Correct.
[04:53.480 --> 04:55.280]  Okay, good deal.
[04:55.280 --> 04:57.680]  All right.
[04:57.680 --> 04:59.480]  We're going to go to the call board now.
[04:59.480 --> 05:02.680]  We've got Mark from Wisconsin.
[05:02.680 --> 05:03.680]  Mark, thanks for calling in.
[05:03.680 --> 05:07.280]  What's your question for our guest, Mike Miras?
[05:07.280 --> 05:08.880]  Hi, yeah.
[05:08.880 --> 05:11.680]  How much is the course there, Debra?
[05:11.680 --> 05:17.080]  It's $150 and there is a commission that goes to rule of law radio.
[05:17.080 --> 05:21.480]  So folks out there, this is a great way to support the network.
[05:21.480 --> 05:30.080]  It's a great way to support rule of law radio network and find out how to beat these scallywags in federal courts.
[05:30.080 --> 05:34.480]  Oh my gosh, I paid $300 for the course.
[05:34.480 --> 05:35.680]  So get it from rule of law.
[05:35.680 --> 05:39.080]  Debra told me to wait.
[05:39.080 --> 05:39.680]  Yeah.
[05:39.680 --> 05:45.280]  Did you buy it there from the $300 or?
[05:45.280 --> 05:47.880]  Yeah, for your remedies in the law.
[05:47.880 --> 05:49.080]  Yeah.
[05:49.080 --> 05:49.480]  Yeah.
[05:49.480 --> 05:50.480]  And what is your name?
[05:50.480 --> 05:52.480]  Your first name?
[05:52.480 --> 05:53.680]  Mark.
[05:53.680 --> 05:54.480]  Mark.
[05:54.480 --> 05:55.880]  Okay, Mark.
[05:55.880 --> 05:58.880]  I appreciate that.
[05:58.880 --> 06:06.080]  You know, one of the things with the disc, and you probably saw it, it's pretty simple.
[06:06.080 --> 06:10.280]  I wanted to explain a little bit on that to everybody.
[06:10.280 --> 06:15.480]  I don't get into a lot of legal terminology and try to confuse people.
[06:15.480 --> 06:23.080]  It's very, very basic, it's written in very simple, easy to understand language.
[06:23.080 --> 06:29.480]  So if you had a chance to look at the disc, would you concur with what I say?
[06:29.480 --> 06:29.880]  Yeah.
[06:29.880 --> 06:38.280]  Yeah, actually I've got a tape recorder hooked up to my phone and a legal log by my phone here
[06:38.280 --> 06:44.080]  and I probably made $5,000 in the past two weeks.
[06:44.080 --> 06:47.680]  Okay, Mark, isn't it something what you know what to do?
[06:47.680 --> 06:48.480]  Isn't it something?
[06:48.480 --> 06:49.680]  Yeah.
[06:49.680 --> 06:55.480]  And do you really peel them off, you know, peel them off?
[06:55.480 --> 06:56.680]  I love hanging up on them.
[06:56.680 --> 07:02.080]  That way they call right back and I'll get them for another grand.
[07:02.080 --> 07:04.480]  The 18 questions work.
[07:04.480 --> 07:07.280]  And then after a while they won't call you because they know they're not going to get
[07:07.280 --> 07:09.280]  anywhere with you.
[07:09.280 --> 07:10.080]  Wasting their time.
[07:10.080 --> 07:11.080]  Right.
[07:11.080 --> 07:14.080]  So by that time it's too late.
[07:14.080 --> 07:16.080]  I have some real quick questions for you, Michael.
[07:16.080 --> 07:17.080]  Sure.
[07:17.080 --> 07:23.080]  I'm getting calls from Bay Area Credit, it's a recording, it's in Spanish and they're asking
[07:23.080 --> 07:28.080]  for money and I don't speak Spanish so I'm just guessing they're not giving me the Miranda
[07:28.080 --> 07:30.080]  because I don't understand it.
[07:30.080 --> 07:32.080]  Correct.
[07:32.080 --> 07:33.080]  Correct, yeah.
[07:33.080 --> 07:39.080]  Well, you know what I would do is I would look them up, you see to know who they are,
[07:39.080 --> 07:44.080]  I send them the validation letter, okay, I send it out to them and nail them, tell them
[07:44.080 --> 07:46.080]  you've called me several times.
[07:46.080 --> 07:49.080]  I don't know what this is about but I want proof.
[07:49.080 --> 07:54.080]  And if it continues there's a couple different courses you could take.
[07:54.080 --> 07:59.080]  Of course you could take them in under debt collection, okay, and do the notice of pending
[07:59.080 --> 08:05.080]  lawsuit which is laid out in the disk.
[08:05.080 --> 08:10.080]  And if you want to become a real SOB call your local telephone company or whoever you
[08:10.080 --> 08:17.080]  have service with and you're getting harassing phone calls that are in Spanish and I don't
[08:17.080 --> 08:19.080]  speak Spanish.
[08:19.080 --> 08:23.080]  And let's get the cops after them for harassment.
[08:23.080 --> 08:29.080]  The local telephone company will trace the calls for you, they'll tell you what to do
[08:29.080 --> 08:35.080]  and when you do that, when you set it up, call the police, tell them what's going on
[08:35.080 --> 08:39.080]  and then when the telephone company tells you who it is, well, they will tell you, they'll
[08:39.080 --> 08:42.080]  tell the police and then the police will get in touch with them and say you better see
[08:42.080 --> 08:47.080]  who he is or we're coming out there arresting you for harassment.
[08:47.080 --> 08:48.080]  All right.
[08:48.080 --> 08:50.080]  Hey, what if they refuse to give your address?
[08:50.080 --> 08:53.080]  I've got one company who refuses to give me their address.
[08:53.080 --> 08:55.080]  Yeah.
[08:55.080 --> 08:58.080]  Is that a diffraction too?
[08:58.080 --> 09:00.080]  Well, it's not, okay.
[09:00.080 --> 09:02.080]  Not that I'm aware of.
[09:02.080 --> 09:06.080]  However, if you've got a phone number, you've got a name of a company, I think you can find
[09:06.080 --> 09:11.080]  them by, you know, either going into an intelligence type situation on the Internet where you
[09:11.080 --> 09:15.080]  can, you know, find these companies and sometimes you can do a reverse look up on the phone
[09:15.080 --> 09:20.080]  number and just the name of the company and do a Google on them and I think you'll find
[09:20.080 --> 09:22.080]  out everything you need to know.
[09:22.080 --> 09:23.080]  And you know what?
[09:23.080 --> 09:26.080]  Just send it to their corporate headquarters.
[09:26.080 --> 09:28.080]  That's all you've got to do.
[09:28.080 --> 09:30.080]  That's all you've got to do.
[09:30.080 --> 09:37.080]  You know, Mark, if I got a call from someone who was trying to get me to give them money
[09:37.080 --> 09:45.080]  and wouldn't tell me what their address was, that would cost me severe emotional distress.
[09:45.080 --> 09:50.080]  Yep.
[09:50.080 --> 09:53.080]  Sure, because where are you supposed to send the money?
[09:53.080 --> 09:59.080]  If you speak to their supervisor, Michael, if you speak to their supervisor, do they
[09:59.080 --> 10:01.080]  have to give you the mini Miranda too?
[10:01.080 --> 10:08.080]  Every time they try, every time they talk to you about collecting money, they better do that.
[10:08.080 --> 10:10.080]  Make them jump through hoops.
[10:10.080 --> 10:15.080]  If it's the same call and you talk to two different people, don't they both have to give it to you?
[10:15.080 --> 10:17.080]  What does the law say?
[10:17.080 --> 10:19.080]  It's got to inform you of your rights.
[10:19.080 --> 10:26.080]  And if you don't tell me you're not informing me of my rights, what is the purpose of me talking to you?
[10:26.080 --> 10:30.080]  Well, to attempt to collect the debt, okay?
[10:30.080 --> 10:32.080]  They need to give you those rights.
[10:32.080 --> 10:35.080]  So every time they change, and you know what, buddy?
[10:35.080 --> 10:37.080]  Here's my theory on that.
[10:37.080 --> 10:42.080]  I'm going to drag you into federal court because you didn't read me my rights, and you turn me over
[10:42.080 --> 10:47.080]  to another guy who didn't read me my rights, and then they'll say to you, well, we read them to you once.
[10:47.080 --> 10:49.080]  That's all we have to do.
[10:49.080 --> 10:54.080]  And my response to them is, why don't we let the judge and the jury sort it out?
[10:54.080 --> 10:55.080]  Right, right.
[10:55.080 --> 11:02.080]  And the FDCPA, that applies to all the original creditors too, right?
[11:02.080 --> 11:07.080]  The Fair Credit Reporting Act applies to the original creditor, okay?
[11:07.080 --> 11:12.080]  What you do, you know, and that's outlined in the disc, you know, under law of agency.
[11:12.080 --> 11:14.080]  I talked about that in the disc.
[11:14.080 --> 11:19.080]  So when you file your complaint, you go after the debt collector and you go after the creditor
[11:19.080 --> 11:23.080]  because the creditor hired that guy or company.
[11:23.080 --> 11:26.080]  All right, what if you're dealing with an original creditor?
[11:26.080 --> 11:29.080]  Then they're strictly under fair credit reporting.
[11:29.080 --> 11:31.080]  I haven't done a disc on that yet.
[11:31.080 --> 11:35.080]  But it's almost the same procedure, a couple of little different things.
[11:35.080 --> 11:41.080]  It's almost the same, but there is a difference between a debt collector and an original creditor.
[11:41.080 --> 11:46.080]  An original creditor falls under fair credit reporting, not debt collection.
[11:46.080 --> 11:52.080]  Okay, what do you think about sending validation and verification for everyone in your credit report
[11:52.080 --> 11:56.080]  all at the same time so you can get the situation completed, get it done?
[11:56.080 --> 11:58.080]  What do you think about that?
[11:58.080 --> 12:04.080]  Absolutely a good way to do it and challenge it as outlined in the disc with the Bureau, okay?
[12:04.080 --> 12:06.080]  You know what I'm talking about.
[12:06.080 --> 12:10.080]  It's in there, it says, you know, you contact the Bureau and have them do their investigation.
[12:10.080 --> 12:12.080]  But here's the thing.
[12:12.080 --> 12:19.080]  You're going into a situation where you could actually bring the Bureau into court and sue them as well.
[12:19.080 --> 12:20.080]  That's the big money.
[12:20.080 --> 12:22.080]  That's $3,000 a month.
[12:22.080 --> 12:23.080]  Yeah.
[12:23.080 --> 12:28.080]  Well, the point is that they don't do an investigation and you can prove it.
[12:28.080 --> 12:34.080]  But if you want to go after the creditor, do you verify or do you validate first?
[12:34.080 --> 12:41.080]  You validate with debt collectors only, okay?
[12:41.080 --> 12:42.080]  Okay.
[12:42.080 --> 12:46.080]  You, the creditors and the Bureau.
[12:46.080 --> 12:51.080]  Okay, let me clarify something on that particular issue.
[12:51.080 --> 12:52.080]  Okay.
[12:52.080 --> 13:02.080]  I did some research on that and they're saying, when they say to verify and validate,
[13:02.080 --> 13:03.080]  Yeah.
[13:03.080 --> 13:05.080]  that's kind of a misnomer.
[13:05.080 --> 13:06.080]  Sure is.
[13:06.080 --> 13:14.080]  What they have to do is give you an accounting, which is with the validation.
[13:14.080 --> 13:15.080]  Yeah.
[13:15.080 --> 13:21.080]  And that accounting has to be signed by some human being and notarized.
[13:21.080 --> 13:24.080]  The notary in law is called verification.
[13:24.080 --> 13:27.080]  It needs to be verified.
[13:27.080 --> 13:29.080]  That's the validation.
[13:29.080 --> 13:30.080]  Yeah.
[13:30.080 --> 13:31.080]  And that's what the case law says.
[13:31.080 --> 13:36.080]  They have to have a, and it can't simply be a computer printout.
[13:36.080 --> 13:37.080]  Yeah.
[13:37.080 --> 13:43.080]  It has to be signed by a person and verified by a notary that this is accurate.
[13:43.080 --> 13:46.080]  That's what verification and validation is about.
[13:46.080 --> 13:52.080]  What if that's not done, Michael, because I keep getting back photocopies that mean absolutely nothing to me.
[13:52.080 --> 13:55.080]  I haven't seen an original contract yet.
[13:55.080 --> 13:58.080]  They haven't validated the debt.
[13:58.080 --> 14:01.080]  They haven't validated the account.
[14:01.080 --> 14:03.080]  They haven't verified it, whatever you want to call it.
[14:03.080 --> 14:04.080]  Okay.
[14:04.080 --> 14:06.080]  That is not proof of anything.
[14:06.080 --> 14:15.080]  And again, you can go back and look, and that was on the disk, the Spears versus Brennan case, and see what true validation is.
[14:15.080 --> 14:16.080]  Okay.
[14:16.080 --> 14:19.080]  It's a ledger accounting from day one showing everything.
[14:19.080 --> 14:22.080]  And that's what, I think it was Randy who was speaking.
[14:22.080 --> 14:24.080]  I think that's what he's talking about.
[14:24.080 --> 14:28.080]  Yeah, the validation is the ledger.
[14:28.080 --> 14:29.080]  Right.
[14:29.080 --> 14:31.080]  The ledger is not enough on its own.
[14:31.080 --> 14:33.080]  It has to be verified.
[14:33.080 --> 14:40.080]  And the only way it can be verified is for a human being to sign it and a notary notarize it.
[14:40.080 --> 14:43.080]  In law, notary is called verification.
[14:43.080 --> 14:48.080]  So it has to be a notarized document, and none of them do that.
[14:48.080 --> 14:54.080]  So that would be a violation too under the FDCPA Act, right, Mike?
[14:54.080 --> 14:55.080]  Correct.
[14:55.080 --> 14:56.080]  They failed to validate.
[14:56.080 --> 14:58.080]  They failed to provide proof of the account.
[14:58.080 --> 15:05.080]  They're trying to collect something that doesn't exist, okay, because they haven't proved it.
[15:05.080 --> 15:06.080]  Okay.
[15:06.080 --> 15:09.080]  What's the procedure for you filing against everybody at the same time?
[15:09.080 --> 15:16.080]  Do you verify with the credit bureau first and then wait for a response, or do you validate first and wait for a response?
[15:16.080 --> 15:21.080]  Well, I dispute with every creditor first, and then when they got the dispute letters,
[15:21.080 --> 15:26.080]  I would dispute everything with each bureau.
[15:26.080 --> 15:34.080]  So when you get back your registered mail or whatever, then you go after the debt collector, after the credit bureau, right?
[15:34.080 --> 15:44.080]  Well, you could go after the bureau based on that because I'm willing to bet that most of the creditors won't respond to you,
[15:44.080 --> 15:54.080]  especially if it's an older account, and they're supposed to mark the account in dispute, which they don't do,
[15:54.080 --> 15:59.080]  and the bureau goes in there and comes back and says, oh, we're reporting it correctly.
[15:59.080 --> 16:00.080]  Well, how can that be?
[16:00.080 --> 16:06.080]  You didn't do an investigation because at the same time I'm disputing it with you, Mr. Bureau.
[16:06.080 --> 16:10.080]  I'm disputing it with the creditors, and they're not even responding.
[16:10.080 --> 16:13.080]  So how the hell are they responding to you?
[16:13.080 --> 16:16.080]  Yeah, I know you've got assistance for that too, Mike.
[16:16.080 --> 16:20.080]  Which one do you go to first, the bureau or the collector?
[16:20.080 --> 16:27.080]  The collector and or the creditor, or both, depending on what you want to do.
[16:27.080 --> 16:31.080]  Okay, well, I want to gig them on violations every month for the next year.
[16:31.080 --> 16:33.080]  That's what I want to do.
[16:33.080 --> 16:38.080]  Yeah, that's the way to do it, is go after the creditor, put them on notice,
[16:38.080 --> 16:42.080]  get the collector on notice, and let them rack up the charges.
[16:42.080 --> 16:43.080]  Okay, we're going to break.
[16:43.080 --> 16:47.080]  Mark, do you have any more questions for Mike?
[16:47.080 --> 16:49.080]  No, I had a question for Randy.
[16:49.080 --> 16:51.080]  Okay, all right, stay on the line.
[16:51.080 --> 16:53.080]  And we've got a bunch more callers on the line too,
[16:53.080 --> 16:57.080]  so let's try to finish up on the other side so we can move on to the rest of the callers.
[16:57.080 --> 17:00.080]  We'll be right back.
[17:00.080 --> 17:01.080]  Hello, Austin.
[17:01.080 --> 17:06.080]  My name is Harlan Deidre, owner of Brave New Books, a local independent bookstore here in town.
[17:06.080 --> 17:10.080]  Many of you are familiar with the bookstore and have attended some of our events.
[17:10.080 --> 17:13.080]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars,
[17:13.080 --> 17:16.080]  Catherine Albert, Webster Carpley, G. Edward Griffin,
[17:16.080 --> 17:19.080]  and many other heroic figures in the patriot movement.
[17:19.080 --> 17:21.080]  But now Brave New Books needs your help.
[17:21.080 --> 17:24.080]  In order to continue to provide a space for these events
[17:24.080 --> 17:26.080]  and be an outlet for hard-to-find materials,
[17:26.080 --> 17:30.080]  we're going to need you, Austin, to help spread the word about the bookstore.
[17:30.080 --> 17:34.080]  Please tell your friends and family about the wide variety of materials we offer.
[17:34.080 --> 17:38.080]  We also have DVD duplication capabilities for all you activists.
[17:38.080 --> 17:42.080]  Also, if you haven't visited us yet, please come down and show your support.
[17:42.080 --> 17:47.080]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[17:47.080 --> 17:49.080]  Remember, you vote with your dollars.
[17:49.080 --> 17:50.080]  We're counting on you, Austin.
[17:50.080 --> 17:57.080]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[17:57.080 --> 18:01.080]  Thank you, everyone.
[18:01.080 --> 18:08.080]  Well, don't let nothing get to you, or the father can't deliver you.
[18:08.080 --> 18:10.080]  Don't let bad-minded people hurt you.
[18:10.080 --> 18:14.080]  And trust this and get behind this.
[18:14.080 --> 18:17.080]  Know what I mean, my friend?
[18:17.080 --> 18:19.080]  And all of your children.
[18:19.080 --> 18:22.080]  Come home, Austin, God, be free.
[18:22.080 --> 18:25.080]  Tell him you're proud of them days.
[18:25.080 --> 18:28.080]  Calling his name once a day.
[18:28.080 --> 18:31.080]  Here we call you, don't be worried.
[18:31.080 --> 18:34.080]  Hey, I'm a clean man, he is everything.
[18:34.080 --> 18:37.080]  He's everything to me, that's why I call him.
[18:37.080 --> 18:39.080]  I'm talking to me, I'm talking to you.
[18:39.080 --> 18:41.080]  Okay, we are back.
[18:41.080 --> 18:43.080]  All right, we're talking with Mark in Wisconsin.
[18:43.080 --> 18:45.080]  Okay, Mark, you had a question for Randy.
[18:45.080 --> 18:46.080]  Okay, go ahead.
[18:46.080 --> 18:53.080]  And then we're going to go to Alan, Dominic, and then we're going to move on to our next speaker.
[18:53.080 --> 19:00.080]  Okay, Mark, you had a question for Randy, okay, go ahead, and then we're going to go to Alan, Dominic, and the rest.
[19:00.080 --> 19:10.080]  Yeah, Randy, hey, I sent an open record request to a clerk of courts in Baraboo, Wisconsin for Sauk County and for Gayle.
[19:10.080 --> 19:12.080]  And it turns out Gayle's been busy.
[19:12.080 --> 19:18.080]  She's got 113 documents in that file for a speeding ticket.
[19:18.080 --> 19:31.080]  They told me they wanted $141 for the documents, and I've got a letter from the State Department of Justice from the attorney general that says that they're only supposed to be charging 15 cents a copy.
[19:31.080 --> 19:44.080]  So should I just file criminal charges against these guys or just send them a nasty letter with their own attorney general's opinion on what they should be charging?
[19:44.080 --> 19:48.080]  I have gotten to where I don't warn them at all.
[19:48.080 --> 19:53.080]  Every time I try to give someone good advice, they accuse me of threatening them.
[19:53.080 --> 19:54.080]  So I don't do that anymore.
[19:54.080 --> 20:02.080]  I just file the criminal complaint and then let the prosecuting attorney come to the clerk and say, why is this guy trying to get me to arrest you?
[20:02.080 --> 20:12.080]  And then the next time you talk to the clerk, you will be surprised how important you are, and they will jump through hoops to get you what you want.
[20:12.080 --> 20:15.080]  So yeah, I would absolutely file the complaint.
[20:15.080 --> 20:25.080]  When I go in, I want them to think that all I'm doing is looking for a reason to file criminal charges against them.
[20:25.080 --> 20:31.080]  And that has a way of bringing out some of their better qualities.
[20:31.080 --> 20:40.080]  They smile at you, and they call you sir, and they give you what you want, and you get no crapola.
[20:40.080 --> 20:42.080]  Absolutely.
[20:42.080 --> 20:43.080]  All right.
[20:43.080 --> 20:47.080]  Should I file those charges in my county or their county?
[20:47.080 --> 20:48.080]  Oh, good question.
[20:48.080 --> 20:50.080]  Your county.
[20:50.080 --> 20:53.080]  Yeah, that's where all the bigwigs are too.
[20:53.080 --> 20:54.080]  That's where the venue is.
[20:54.080 --> 20:55.080]  Maine County.
[20:55.080 --> 20:56.080]  Yeah.
[20:56.080 --> 20:57.080]  That's where the capital is.
[20:57.080 --> 21:00.080]  Yeah, this is where you didn't go to that county.
[21:00.080 --> 21:01.080]  Yeah, that's right.
[21:01.080 --> 21:03.080]  The crime occurred in your county, so that's where you file.
[21:03.080 --> 21:13.080]  So get the clerk, get the prosecuting attorney in her county, gets a call from the prosecutor in your county.
[21:13.080 --> 21:14.080]  Stir them all up.
[21:14.080 --> 21:18.080]  This rolls downhill.
[21:18.080 --> 21:19.080]  Yes.
[21:19.080 --> 21:22.080]  Randy, I can't tell you how sick I am of these guys.
[21:22.080 --> 21:24.080]  I mean, they know the law.
[21:24.080 --> 21:29.080]  She actually sent back the same statute that the attorney general had an opinion on.
[21:29.080 --> 21:30.080]  No.
[21:30.080 --> 21:33.080]  No excuses.
[21:33.080 --> 21:35.080]  No excuses.
[21:35.080 --> 21:37.080]  Yeah, so I don't argue with them.
[21:37.080 --> 21:39.080]  I don't debate with them.
[21:39.080 --> 21:41.080]  They're my employees.
[21:41.080 --> 21:42.080]  They're chumps.
[21:42.080 --> 21:43.080]  They do what they're told.
[21:43.080 --> 21:50.080]  If they don't do what they're told, the elected clerk is the one that works for me.
[21:50.080 --> 21:53.080]  The elected official always the one that works for me.
[21:53.080 --> 21:58.080]  And I assume that whatever their underlings do, they do it at the elected person's behest
[21:58.080 --> 22:03.080]  and under screws versus U.S., they know precisely what they're doing.
[22:03.080 --> 22:07.080]  So since they know what they're doing, it doesn't do me any good to try to talk to them.
[22:07.080 --> 22:08.080]  They're obviously doing it on purpose.
[22:08.080 --> 22:09.080]  Right.
[22:09.080 --> 22:13.080]  I go to the person that's supposed to discipline them.
[22:13.080 --> 22:17.080]  Especially in this case because the woman gave Mark the same piece of paper.
[22:17.080 --> 22:20.080]  Yes, so she knew clearly what she was doing.
[22:20.080 --> 22:21.080]  So just nail her.
[22:21.080 --> 22:23.080]  And it'll be good for her.
[22:23.080 --> 22:26.080]  She'll become a better clerk.
[22:26.080 --> 22:31.080]  Okay, listen, we really need to move on because the call board is totally full right now.
[22:31.080 --> 22:33.080]  Or at least become a moving target.
[22:33.080 --> 22:34.080]  Bye-bye.
[22:34.080 --> 22:35.080]  Yep.
[22:35.080 --> 22:36.080]  Okay, thanks, Mark.
[22:36.080 --> 22:37.080]  Thanks, Mark.
[22:37.080 --> 22:38.080]  Good luck.
[22:38.080 --> 22:43.080]  Okay, we're going now to Alan in California.
[22:43.080 --> 22:46.080]  Alan, thanks for calling in.
[22:46.080 --> 22:48.080]  What is your question for our guest, Mike?
[22:48.080 --> 22:50.080]  I have two brief questions.
[22:50.080 --> 22:51.080]  They're real easy.
[22:51.080 --> 22:59.080]  First of all, who gets to pocket these $1,000 FDCPA violations of these fines?
[22:59.080 --> 23:03.080]  You broke up on the first part of the question.
[23:03.080 --> 23:09.080]  He was asking who pockets the $1,000 fines on these violations?
[23:09.080 --> 23:11.080]  The plaintiff in the case.
[23:11.080 --> 23:13.080]  You do.
[23:13.080 --> 23:14.080]  Great, excellent.
[23:14.080 --> 23:18.080]  And where do I find your product on the rule of law radio website?
[23:18.080 --> 23:20.080]  Okay, I can answer that question.
[23:20.080 --> 23:25.080]  Scroll down to about the middle of the home page where you see the banner ads below the videos
[23:25.080 --> 23:33.080]  of John Bush and you'll see one in blue kind of in the middle below a couple of the other ones
[23:33.080 --> 23:35.080]  right above the hemp USA one.
[23:35.080 --> 23:41.080]  Click on that one and that will go to another page, a subpage of ruleoflawradio.com
[23:41.080 --> 23:48.080]  where there's a PayPal button where you can order Mike's product and also his email address.
[23:48.080 --> 23:53.080]  And let me expand on that $1,000, okay?
[23:53.080 --> 23:57.080]  Under fair credit it's $1,000 per violation.
[23:57.080 --> 24:04.080]  And under debt collection it says, okay, $1,000 per case, but that's not concrete.
[24:04.080 --> 24:06.080]  I let the judge and the jury decide on that.
[24:06.080 --> 24:12.080]  But keep in mind, and you'll see this on the disk, you can add damages.
[24:12.080 --> 24:18.080]  So if they're in your credit report you have been damaged, and how have you been damaged?
[24:18.080 --> 24:20.080]  They've reduced your credit score.
[24:20.080 --> 24:25.080]  They damaged your credit report and they damaged your reputation.
[24:25.080 --> 24:26.080]  You put a number on that.
[24:26.080 --> 24:29.080]  I don't know what that's worth, okay?
[24:29.080 --> 24:35.080]  So if you've got a $10,000 case with violations of fair credit debt collection, whatever,
[24:35.080 --> 24:40.080]  and you've got another $25,000 or $50,000 in damages,
[24:40.080 --> 24:46.080]  you're going to court with a $60,000 or $70,000 lawsuit.
[24:46.080 --> 24:47.080]  Is that simple?
[24:47.080 --> 24:48.080]  That's just awesome.
[24:48.080 --> 24:50.080]  Anyway, that's it for me.
[24:50.080 --> 24:51.080]  All right, sir.
[24:51.080 --> 24:52.080]  Okay, great.
[24:52.080 --> 24:53.080]  Thanks, Alan.
[24:53.080 --> 24:54.080]  I know.
[24:54.080 --> 24:55.080]  Okay.
[24:55.080 --> 24:58.080]  Jeff Sedgwick is on the line also, but before we get to Jeff,
[24:58.080 --> 25:02.080]  I want to take a couple more of these callers who have been waiting for a very long time.
[25:02.080 --> 25:03.080]  Dominic in Texas.
[25:03.080 --> 25:05.080]  Dominic, thanks for calling in.
[25:05.080 --> 25:07.080]  What is your question for our guest?
[25:07.080 --> 25:09.080]  Hey, how's everybody doing, first of all?
[25:09.080 --> 25:10.080]  Everybody good?
[25:10.080 --> 25:11.080]  That's good.
[25:11.080 --> 25:12.080]  I have a quick call.
[25:12.080 --> 25:13.080]  Dominic.
[25:13.080 --> 25:14.080]  Yes, sir.
[25:14.080 --> 25:15.080]  Yes, sir.
[25:15.080 --> 25:19.080]  You owe it to me to ask Mike a really hard question.
[25:19.080 --> 25:22.080]  Because Dominic nailed him righteous last night.
[25:22.080 --> 25:23.080]  That's why.
[25:23.080 --> 25:25.080]  Yes, he did.
[25:25.080 --> 25:29.080]  Well, I had a comment, and then I had a minor question.
[25:29.080 --> 25:30.080]  Okay, go ahead.
[25:30.080 --> 25:34.080]  The comment was on how to get their information as far as their addresses.
[25:34.080 --> 25:36.080]  What I usually do, I would just tell them,
[25:36.080 --> 25:39.080]  well, I really want to take care of this situation,
[25:39.080 --> 25:42.080]  can you send me something in writing so we can get the ball rolling on that?
[25:42.080 --> 25:46.080]  And they ran to get money, so they send you the information, and there you go.
[25:46.080 --> 25:47.080]  There you are.
[25:47.080 --> 25:48.080]  Exactly.
[25:48.080 --> 25:49.080]  Yes.
[25:49.080 --> 25:50.080]  Good point.
[25:50.080 --> 25:51.080]  Good point.
[25:51.080 --> 25:55.080]  The question I did have is concerning my brother-in-law's case.
[25:55.080 --> 25:57.080]  They are suing him.
[25:57.080 --> 26:04.080]  We sent him a letter that showed lack of subject matter jurisdiction in the smaller court,
[26:04.080 --> 26:11.080]  and once we sent them that letter, they got lost.
[26:11.080 --> 26:12.080]  They're somewhere.
[26:12.080 --> 26:14.080]  They're not going forward.
[26:14.080 --> 26:21.080]  My question is how long do we have before we can put in a motion to dismiss
[26:21.080 --> 26:24.080]  because of want of prosecution?
[26:24.080 --> 26:27.080]  Okay, I can answer that one in Texas.
[26:27.080 --> 26:28.080]  Go ahead.
[26:28.080 --> 26:36.080]  If there's no prosecution in six months, you move the court to dismiss for lack of prosecution.
[26:36.080 --> 26:37.080]  Okay.
[26:37.080 --> 26:38.080]  Excellent.
[26:38.080 --> 26:39.080]  That's all I needed to know.
[26:39.080 --> 26:41.080]  I'll let somebody else get on the line.
[26:41.080 --> 26:42.080]  You all have a great evening.
[26:42.080 --> 26:43.080]  All right, man.
[26:43.080 --> 26:44.080]  Thank you.
[26:44.080 --> 26:45.080]  All right.
[26:45.080 --> 26:46.080]  Thanks, Dominic.
[26:46.080 --> 26:48.080]  Okay, we're going to bring up Jeff Sedgwick.
[26:48.080 --> 26:49.080]  Oh, no.
[26:49.080 --> 26:50.080]  No?
[26:50.080 --> 26:54.080]  Hey, Jeff, thanks for calling in.
[26:54.080 --> 26:56.080]  What is your question or comment for Mike?
[26:56.080 --> 27:00.080]  Mike, we know you know Jeff Sedgwick, and we're not going to hold that against you.
[27:00.080 --> 27:01.080]  Go ahead, Jeff.
[27:01.080 --> 27:02.080]  Go ahead, Jeff.
[27:02.080 --> 27:03.080]  What's up?
[27:03.080 --> 27:06.080]  Well, thank you very much for that little bit of information there, Randy.
[27:06.080 --> 27:08.080]  I'm sure that Mike appreciates it.
[27:08.080 --> 27:10.080]  Hey, it's the kind of guy I am.
[27:10.080 --> 27:11.080]  Yeah.
[27:11.080 --> 27:14.080]  Well, we all know about you.
[27:14.080 --> 27:15.080]  A couple of things.
[27:15.080 --> 27:21.080]  First, did you mention the statute of limitations on both the FDCPA and the FCRA?
[27:21.080 --> 27:23.080]  No, I didn't.
[27:23.080 --> 27:33.080]  Okay, and also oftentimes they will take these debts, and like if you do the 18 questions,
[27:33.080 --> 27:39.080]  as soon as you do the 18 questions, you know, they'll retire from the scene and sell it to someone else.
[27:39.080 --> 27:40.080]  Correct.
[27:40.080 --> 27:41.080]  All right.
[27:41.080 --> 27:47.080]  Now, can you gang all of the subsequent purchasers or all the subsequent collectors together in one action,
[27:47.080 --> 27:49.080]  or do you have to file actions separately?
[27:49.080 --> 27:51.080]  I think you're going to have to do it separately.
[27:51.080 --> 27:52.080]  I've never ganged them up.
[27:52.080 --> 27:59.080]  I know exactly, and I've thought about that myself, but I can't see how it would work because one is –
[27:59.080 --> 28:06.080]  I mean, the one that sold your note or alleged account is the one who's responsible for doing that.
[28:06.080 --> 28:14.080]  So I would think that you could bring the additional charges against them for doing that, for sharing that information, okay?
[28:14.080 --> 28:19.080]  But the new guy who's got it, he bought it unknowingly, okay, that, you know,
[28:19.080 --> 28:24.080]  they're not going to tell him, well, this guy's going to come after you if you buy this man, you know?
[28:24.080 --> 28:26.080]  They're not going to do that, okay?
[28:26.080 --> 28:34.080]  I would file it separately, but, you know, here's my theory on that, especially if it's not a big amount of money.
[28:34.080 --> 28:38.080]  I'd send them a notice of pending lawsuit and say, you know, if you want me to go away,
[28:38.080 --> 28:44.080]  it's going to cost you a thousand bucks, and I want a settlement agreement.
[28:44.080 --> 28:45.080]  Okay.
[28:45.080 --> 28:52.080]  That's what we'll do, get it in writing that they're not going to sell it again and then go after the guy that they did sell it to.
[28:52.080 --> 28:54.080]  Right.
[28:54.080 --> 28:56.080]  Because you're going to make more money.
[28:56.080 --> 28:58.080]  You're going to make them pay.
[28:58.080 --> 28:59.080]  Well, that's the object, isn't it?
[28:59.080 --> 29:00.080]  Yeah.
[29:00.080 --> 29:01.080]  Yeah.
[29:01.080 --> 29:05.080]  It's not enough to take some money out of their pocket.
[29:05.080 --> 29:07.080]  Basically, it's damaging them.
[29:07.080 --> 29:08.080]  Yeah.
[29:08.080 --> 29:13.080]  By the way, I did hear from the gentleman that you sent me the other day, Brian.
[29:13.080 --> 29:14.080]  Yeah.
[29:14.080 --> 29:25.080]  We talked for a couple of hours and gave you actually a situation with a guy I'm working with in Florida.
[29:25.080 --> 29:29.080]  He had a debt collector come after him for 60 bucks.
[29:29.080 --> 29:30.080]  Whoa.
[29:30.080 --> 29:31.080]  60 bucks?
[29:31.080 --> 29:32.080]  Yeah.
[29:32.080 --> 29:35.080]  That's hardly even worth it.
[29:35.080 --> 29:36.080]  Yeah.
[29:36.080 --> 29:37.080]  Man, these guys are crazy.
[29:37.080 --> 29:39.080]  They can make it worth it.
[29:39.080 --> 29:41.080]  Okay, listen, Jeff, hang on the line.
[29:41.080 --> 29:46.080]  Mike, hang on the line because we're going to break.
[29:46.080 --> 29:51.080]  And then we're going to go with Jim, Jesse and Neil and more.
[29:51.080 --> 29:52.080]  We'll be right back.
[29:52.080 --> 30:00.080]  This is the rule of law.
[30:00.080 --> 30:03.080]  Are you the plaintiff or defendant in a lawsuit?
[30:03.080 --> 30:07.080]  Win your case without an attorney with Jurisdictionary,
[30:07.080 --> 30:15.080]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step.
[30:15.080 --> 30:19.080]  If you have a lawyer, know what your lawyer should be doing.
[30:19.080 --> 30:23.080]  If you don't have a lawyer, know what you should do for yourself.
[30:23.080 --> 30:28.080]  Thousands have won with our step-by-step course, and now you can too.
[30:28.080 --> 30:34.080]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[30:34.080 --> 30:39.080]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles
[30:39.080 --> 30:43.080]  and practices that control our American courts.
[30:43.080 --> 30:49.080]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[30:49.080 --> 30:52.080]  pro se tactics, and much more.
[30:52.080 --> 31:08.080]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[31:08.080 --> 31:23.080]  Thank you.
[31:23.080 --> 31:52.080]  Okay, no more pulling the wool over our eyes anymore.
[31:52.080 --> 31:59.080]  Mike Amiris is ripping it off, ripping the wool off of the eyes, ripping it off of our eyes.
[31:59.080 --> 32:02.080]  So we're here with Jeff Sedgwick as well.
[32:02.080 --> 32:03.080]  Go ahead, Jeff.
[32:03.080 --> 32:08.080]  Okay, Mike and I have been working together on this one little project,
[32:08.080 --> 32:15.080]  and I bring it up because I want the listeners to also be aware that this doesn't apply just to credit cards.
[32:15.080 --> 32:16.080]  Right.
[32:16.080 --> 32:22.080]  We've set up the attorney for a homeowners association.
[32:22.080 --> 32:23.080]  Yep.
[32:23.080 --> 32:29.080]  And so we're going to be composing an action against him,
[32:29.080 --> 32:38.080]  and from there we will actually go up the scale or the hierarchy of rank
[32:38.080 --> 32:40.080]  and name the management company,
[32:40.080 --> 32:46.080]  and then the homeowners association is responding superior because they are responsible for his actions.
[32:46.080 --> 32:48.080]  Yep.
[32:48.080 --> 32:58.080]  And what the fool did is file the lien on my property for a debt that had already been paid.
[32:58.080 --> 33:05.080]  So he's set up for all kinds of actions such as a perjurious affidavit,
[33:05.080 --> 33:10.080]  and speaking to the court without candor.
[33:10.080 --> 33:14.080]  And make sure you go try to get an outrageous amount loan
[33:14.080 --> 33:20.080]  and get them to turn it down when you tell them about this lien, then you can show arms.
[33:20.080 --> 33:22.080]  That's already in the works, Randy.
[33:22.080 --> 33:25.080]  It'll good.
[33:25.080 --> 33:29.080]  But the other thing that people also probably ought to be aware of
[33:29.080 --> 33:34.080]  and may not have actually considered is that credit report is more than just credit.
[33:34.080 --> 33:41.080]  That credit report will make a difference in the cost of your automobile insurance and homeowners assurance.
[33:41.080 --> 33:47.080]  It could make a difference in the kind of employment and how well paid you are in your employment.
[33:47.080 --> 33:48.080]  Yep.
[33:48.080 --> 33:52.080]  That credit report can be very, very important.
[33:52.080 --> 33:58.080]  Well, can you imagine, folks, my wife is a curpie,
[33:58.080 --> 34:03.080]  and if you don't know this word, this is a European word, she's a casino dealer.
[34:03.080 --> 34:07.080]  She deals blackjack, craps, roulette.
[34:07.080 --> 34:11.080]  Texas holds them, does the whole nine yards, makes good money doing it.
[34:11.080 --> 34:14.080]  She can never have anything in her credit report.
[34:14.080 --> 34:19.080]  The casino will let her go immediately.
[34:19.080 --> 34:21.080]  Immediately.
[34:21.080 --> 34:22.080]  Okay?
[34:22.080 --> 34:27.080]  So what Jeff is talking about is very, very definite.
[34:27.080 --> 34:30.080]  They've got to be licensed by the state they're in,
[34:30.080 --> 34:40.080]  and you've got to maintain a situation with yourself where you're like the plum, the perfect plum on the tree.
[34:40.080 --> 34:43.080]  You can't be ticked, you can't be reached because you're way up at the top.
[34:43.080 --> 34:46.080]  Don't screw it up or you're going to fall off that tree.
[34:46.080 --> 34:51.080]  And that's how important it is for her credit report to be in perfect condition.
[34:51.080 --> 34:55.080]  Yes, and something, a maxim of law.
[34:55.080 --> 34:56.080]  Yep.
[34:56.080 --> 35:02.080]  When the credit card company comes to you, they take you like they find you.
[35:02.080 --> 35:03.080]  Yep.
[35:03.080 --> 35:10.080]  For instance, if you scare somebody and he drops dead of a heart attack, you take him like you find him.
[35:10.080 --> 35:11.080]  Yep.
[35:11.080 --> 35:17.080]  So if you're really sensitive position and it hurts you more than they could ever imagine,
[35:17.080 --> 35:20.080]  sorry, Bubba, you should have been careful.
[35:20.080 --> 35:21.080]  Yep.
[35:21.080 --> 35:22.080]  Indeed.
[35:22.080 --> 35:32.080]  And one thing, too, before I forget, Mark, Jeff, on your request about the going after the debt collectors altogether,
[35:32.080 --> 35:39.080]  I got just thinking about it now, and I strongly suggest you go after them singly because here's what they'll do,
[35:39.080 --> 35:46.080]  is if you go after and file against all three of them in one complaint, they're going to get one lawyer to represent them.
[35:46.080 --> 35:47.080]  Good point.
[35:47.080 --> 35:53.080]  And they'll cut them a deal to represent all three, so if you file separately, they're going to have to get an individual attorney.
[35:53.080 --> 35:56.080]  It's going to cost them more, and they're going to pay more attention to you.
[35:56.080 --> 35:58.080]  Yeah, I hadn't really thought of that aspect.
[35:58.080 --> 36:01.080]  I'm glad you mentioned it, and I appreciate it.
[36:01.080 --> 36:02.080]  Yes, sir.
[36:02.080 --> 36:03.080]  Yes, sir.
[36:03.080 --> 36:10.080]  So I would suspect at this point in time you need to move on from me into other callers.
[36:10.080 --> 36:11.080]  Okay, thanks, Jeff.
[36:11.080 --> 36:14.080]  You're welcome to stay on the line with us if you'd like to make comments.
[36:14.080 --> 36:15.080]  Thank you.
[36:15.080 --> 36:17.080]  Okay, we're going to continue on.
[36:17.080 --> 36:19.080]  We're going to go to Jim in Ohio.
[36:19.080 --> 36:25.080]  We actually have Neal Switkowski and Steve Skidmore from Endless Fraud Detection have both called in.
[36:25.080 --> 36:28.080]  Steve's actually screening calls tonight for me as well.
[36:28.080 --> 36:30.080]  Oh, it's Carolyn.
[36:30.080 --> 36:32.080]  He just told me it's Carolyn.
[36:32.080 --> 36:35.080]  Okay, we've got Neal Switkowski and Carolyn, who's Steve's wife.
[36:35.080 --> 36:37.080]  Okay, we'll be getting to you all in just a moment.
[36:37.080 --> 36:41.080]  We've got some other callers who have been waiting for a long time, so Neal, Carolyn, if you all just hold for a moment.
[36:41.080 --> 36:44.080]  All right, we've got Jim from Ohio who is up next.
[36:44.080 --> 36:46.080]  Jim, thanks for calling in.
[36:46.080 --> 36:49.080]  What is your question for our guest?
[36:49.080 --> 36:51.080]  Hi, everyone.
[36:51.080 --> 36:56.080]  Well, my situation has gotten older.
[36:56.080 --> 37:11.080]  It was over a year ago that I was served with an attorney in the state from a credit card in California, an old credit card account, and it went – pardon?
[37:11.080 --> 37:14.080]  I'm hearing you. Go ahead.
[37:14.080 --> 37:30.080]  So it went before the local judge for judgment, and I made an arrangement to pay and stop paying after I had lost work and subsequently lost my apartment and the car was repossessed in the whole nine yards.
[37:30.080 --> 37:31.080]  Yep.
[37:31.080 --> 37:39.080]  And they called me one day and talked about how it was going to be carnishment next, and I said, well, I can barely pay my child support now.
[37:39.080 --> 37:40.080]  What am I going to have to do?
[37:40.080 --> 37:45.080]  I guess I'm going to have to get tough even though I'm not quite sure at this point how to get tough with you.
[37:45.080 --> 37:47.080]  I'm going to have to get a lawyer and fight you.
[37:47.080 --> 37:53.080]  And, of course, that was just blowing on my part because I didn't know what to do.
[37:53.080 --> 37:58.080]  But they went away for about six or seven months, and then they came back.
[37:58.080 --> 38:00.080]  Yep, they always do.
[38:00.080 --> 38:06.080]  So is there any course of action now with this knowledge?
[38:06.080 --> 38:27.080]  You said it's very difficult to fight in the first place in the local courts, so going back for trying to vacate the judgment for the purpose of no agency is something that – it doesn't seem like the course of action as the primary course of action,
[38:27.080 --> 38:38.080]  but to take them into federal court over that they're breaking the law and then go back like another gentleman just mentioned earlier and have the judgment during the course of vacating?
[38:38.080 --> 38:40.080]  Yeah, it's real simple.
[38:40.080 --> 38:42.080]  It's real simple.
[38:42.080 --> 38:46.080]  I'm sure they're in your credit reports, are they not?
[38:46.080 --> 38:47.080]  I'm certain of it.
[38:47.080 --> 38:48.080]  Okay.
[38:48.080 --> 38:54.080]  Then you need to challenge them, whether they're the debt collector, the creditor, or both, okay?
[38:54.080 --> 38:59.080]  And you challenge the debt collector with a letter of validation, validate this thing to me.
[38:59.080 --> 39:01.080]  You'll never lose your right to validate.
[39:01.080 --> 39:05.080]  And even if they don't respond, that's okay.
[39:05.080 --> 39:12.080]  You're going to go to the creditor, and you're going to do a dispute letter with the creditor and say, hey, what is this about?
[39:12.080 --> 39:13.080]  You're in my credit report.
[39:13.080 --> 39:15.080]  What's going on here, okay?
[39:15.080 --> 39:17.080]  Don't volunteer any information.
[39:17.080 --> 39:24.080]  Well, I don't believe that the debt collector had agency in the first place.
[39:24.080 --> 39:33.080]  Going back and looking at the paper that I got from them, it said that it was uncertain what the amount was in the first place, although they mentioned an amount.
[39:33.080 --> 39:35.080]  Yeah, well, I'd go right after the creditor, see?
[39:35.080 --> 39:45.080]  And then once the creditor doesn't answer you and they don't mark your account in dispute, across three bureaus, it's $1,000 violation.
[39:45.080 --> 39:48.080]  There's $3,000 right there from the three bureaus.
[39:48.080 --> 39:52.080]  And if they don't answer you, they're reporting erroneous and inaccurate information.
[39:52.080 --> 39:54.080]  There's another $1,000 across each bureau.
[39:54.080 --> 39:56.080]  There's $6,000.
[39:56.080 --> 39:58.080]  Let it sit for a month.
[39:58.080 --> 40:03.080]  See, if you had been doing this six months ago, you'd have $36,000 in violations today.
[40:03.080 --> 40:05.080]  My goodness.
[40:05.080 --> 40:08.080]  Plus damages, plus damages to the credit report.
[40:08.080 --> 40:10.080]  So now you've got, okay, what's the damages?
[40:10.080 --> 40:11.080]  Well, I don't know.
[40:11.080 --> 40:16.080]  I can't figure that out, you know, but, you know, $150,000 lawsuit.
[40:16.080 --> 40:17.080]  Now you take them into federal court.
[40:17.080 --> 40:18.080]  You name the creditor.
[40:18.080 --> 40:27.080]  You name the debt collector as the co-defendant because the creditor hired them in a thing called the law of agency.
[40:27.080 --> 40:32.080]  They're responsible for the actions of the people that they hire, okay?
[40:32.080 --> 40:39.080]  You take them into court, and then when they want to settle and they want everything to go away, okay, yeah, no problem.
[40:39.080 --> 40:47.080]  I know, by the way, as part of a settlement, you've got to get the default judgment in the lower courts removed.
[40:47.080 --> 40:49.080]  And that's what Mark did to them, okay?
[40:49.080 --> 40:51.080]  If you want to settle, we'll settle, but you get the lower.
[40:51.080 --> 40:55.080]  If not, we're going to trial, baby.
[40:55.080 --> 40:56.080]  We're going to trial.
[40:56.080 --> 40:57.080]  You know what?
[40:57.080 --> 41:06.080]  If I owe you $20,000 or $30,000, when I win at the trial and you pay me the $150,000 from the case, I'll gladly give you the $20,000.
[41:06.080 --> 41:07.080]  No problem.
[41:07.080 --> 41:14.080]  I'll do that every day of the week and twice on Sunday.
[41:14.080 --> 41:16.080]  Well, that looks like I still have recourse.
[41:16.080 --> 41:18.080]  You have plenty of recourse.
[41:18.080 --> 41:23.080]  You don't realize how much recourse you have to do this stuff.
[41:23.080 --> 41:25.080]  It's amazing once you learn how to do it.
[41:25.080 --> 41:27.080]  You can bring these guys to the table.
[41:27.080 --> 41:28.080]  See, that's the biggest problem.
[41:28.080 --> 41:31.080]  They won't talk to you because you're just a little guy.
[41:31.080 --> 41:32.080]  You're just a consumer.
[41:32.080 --> 41:34.080]  What do you know?
[41:34.080 --> 41:37.080]  It's when you get them in that federal courtroom.
[41:37.080 --> 41:44.080]  It's when you get them in that federal courtroom, you're on that equal footing, and then all of a sudden they want to talk to you.
[41:44.080 --> 41:48.080]  Why don't you stay being a chiropractor and I'll stay being a lawyer?
[41:48.080 --> 41:49.080]  You don't like it?
[41:49.080 --> 41:51.080]  I didn't cause the problem.
[41:51.080 --> 41:52.080]  You know what?
[41:52.080 --> 41:55.080]  I'm going to fix the problem.
[41:55.080 --> 41:56.080]  That's simple.
[41:56.080 --> 42:02.080]  You've got to scrape up the money somewhere to get the CD and get moving on this.
[42:02.080 --> 42:08.080]  The CD is done, like I said, in very plain English, very simple.
[42:08.080 --> 42:13.080]  It's a basis for getting started.
[42:13.080 --> 42:15.080]  I'll expand a little bit on it.
[42:15.080 --> 42:22.080]  I mentioned that I had this guy in Florida who had a debt collector come after him for 60 bucks.
[42:22.080 --> 42:25.080]  It was an insurance company.
[42:25.080 --> 42:33.080]  This guy contacted me, I worked with him, and sent him a letter of validation.
[42:33.080 --> 42:36.080]  Well, he sent him a letter of validation.
[42:36.080 --> 42:38.080]  They didn't respond.
[42:38.080 --> 42:43.080]  I said, okay, now you're going to do the notice of pending lawsuit.
[42:43.080 --> 42:45.080]  Sent him the notice of pending lawsuit.
[42:45.080 --> 42:50.080]  This guy is in Florida, the debt collector is in Massachusetts, so if he goes to the federal court for 60 bucks,
[42:50.080 --> 42:55.080]  he's going to have to hire a lawyer in Florida for $500 an hour.
[42:55.080 --> 42:58.080]  Anyway, they sent the notice of pending lawsuit.
[42:58.080 --> 43:03.080]  They immediately answered him back and said, we've returned this account to the original creditor.
[43:03.080 --> 43:05.080]  We won't be bothering you anymore.
[43:05.080 --> 43:06.080]  Yeah, right.
[43:06.080 --> 43:07.080]  Okay.
[43:07.080 --> 43:11.080]  My guy says to me, well, Mike, do I still have a case?
[43:11.080 --> 43:13.080]  I says, what do you think?
[43:13.080 --> 43:15.080]  You sent him a notice of pending lawsuit.
[43:15.080 --> 43:16.080]  What do you think?
[43:16.080 --> 43:17.080]  Should I go after him?
[43:17.080 --> 43:22.080]  I can't tell you to take some, but I can't put a gun to your head and make you take him into federal court.
[43:22.080 --> 43:24.080]  Okay, I can make suggestions.
[43:24.080 --> 43:35.080]  But the point was, on the two statements that they had sent him that they were trying to collect on, they had overshadowed.
[43:35.080 --> 43:41.080]  And that was the cause of action because they had overshadowed on those two collection notices.
[43:41.080 --> 43:42.080]  Okay, hold on.
[43:42.080 --> 43:43.080]  Hold that thought.
[43:43.080 --> 43:46.080]  Yeah, explain overshadow when we come back.
[43:46.080 --> 43:49.080]  Yes, yes, we're going to expound on that when we get back.
[43:49.080 --> 43:50.080]  Jim from Ohio.
[43:50.080 --> 43:51.080]  My information.
[43:51.080 --> 43:52.080]  Have a good evening, everyone.
[43:52.080 --> 43:53.080]  Okay, Jim.
[43:53.080 --> 43:54.080]  Thank you.
[43:54.080 --> 43:55.080]  Bye.
[43:55.080 --> 43:56.080]  All right.
[43:56.080 --> 44:00.080]  We'll be right back.
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[45:12.080 --> 45:27.080]  Thank you.
[45:42.080 --> 46:04.080]  Thank you.
[46:04.080 --> 46:33.080]  Okay, Mike, if you would please go into this business of overshadowing as a cause of action.
[46:33.080 --> 46:34.080]  Can you please explain this?
[46:34.080 --> 46:35.080]  Yes.
[46:35.080 --> 46:39.080]  Well, it's very clear and it's very simple to understand.
[46:39.080 --> 46:44.080]  In the Debt Collection Practices Act, they have a paragraph on about overshadowing.
[46:44.080 --> 46:47.080]  And what it is is basically this.
[46:47.080 --> 46:52.080]  Debt collector sends you a letter and says, you owe us $1,000.
[46:52.080 --> 47:00.080]  Contact this office right away to make arrangements to pay this or contact this office in 10 days to make arrangements to pay this.
[47:00.080 --> 47:08.080]  That's overshadowing because you see if you look somewhere on that notice, for the most part,
[47:08.080 --> 47:12.080]  it will say something like this is an attempt to collect the debt.
[47:12.080 --> 47:15.080]  Any information obtained will be used for that purpose.
[47:15.080 --> 47:16.080]  And that's right from the law, folks.
[47:16.080 --> 47:18.080]  Again, I'm not reading from anything.
[47:18.080 --> 47:20.080]  I've just gone over it so many times.
[47:20.080 --> 47:22.080]  It's in the memory bank.
[47:22.080 --> 47:26.080]  But it's actually more expanded than that.
[47:26.080 --> 47:33.080]  If you go and read the Debt Collection Practices Act, it goes into saying that, yes, this is an attempt to collect the debt,
[47:33.080 --> 47:41.080]  but you have 30 days to dispute this or to ask for verification or validation, whatever you want to call it.
[47:41.080 --> 47:49.080]  Well, when they say to you, pay us in 10 days or contact this office in 10 days, you just violated my rights.
[47:49.080 --> 47:55.080]  Why do I have to contact you in 10 days or call the office right away when I've got 30 days, according to the law?
[47:55.080 --> 47:57.080]  And that's overshadowing, folks.
[47:57.080 --> 48:01.080]  To wix it, I always get the names a little tough.
[48:01.080 --> 48:05.080]  There's a federal case, made case law back.
[48:05.080 --> 48:16.080]  I think Randy looked it up on my last show we had out of Wisconsin, and I think it was a 2001 case.
[48:16.080 --> 48:19.080]  The federal court ruled, yeah, you violated the person's rights.
[48:19.080 --> 48:21.080]  You can't do that.
[48:21.080 --> 48:22.080]  Tekowicz.
[48:22.080 --> 48:23.080]  Tekowicz was the party's name.
[48:23.080 --> 48:25.080]  There you go.
[48:25.080 --> 48:28.080]  And it's on the books.
[48:28.080 --> 48:29.080]  It's case law.
[48:29.080 --> 48:33.080]  You can't overshadow with these documents your rights.
[48:33.080 --> 48:36.080]  So again, it becomes a civil rights issue.
[48:36.080 --> 48:41.080]  You violated my rights by overshadowing, and that's what this guy had on these two documents.
[48:41.080 --> 48:44.080]  They said on the documents, you owe us 16 bucks.
[48:44.080 --> 48:46.080]  Make arrangements to pay this.
[48:46.080 --> 48:50.080]  Contact the office to make arrangements to pay this right away, you know?
[48:50.080 --> 48:51.080]  No, I don't have to do that.
[48:51.080 --> 48:54.080]  So that's his cause of action.
[48:54.080 --> 48:59.080]  Now, what I think he'll do, and I told him, I said, send him a demand letter.
[48:59.080 --> 49:01.080]  So here's what I'm going to do.
[49:01.080 --> 49:05.080]  Yeah, I really appreciate you sending that back to the creditor, getting that off my back.
[49:05.080 --> 49:12.080]  However, if that doesn't excuse you from breaking the law, I'll accept $1,000 for your violations
[49:12.080 --> 49:18.080]  and a settlement agreement in writing saying that I'll never hear from you again.
[49:18.080 --> 49:20.080]  You'll never attempt to collect this again.
[49:20.080 --> 49:23.080]  If you do get it again, you won't sell it to somebody else.
[49:23.080 --> 49:25.080]  Get them to sign it, and I'll go away.
[49:25.080 --> 49:32.080]  If not, we'll go into federal court and we'll let the judge and the jury decide if you overshadowed.
[49:32.080 --> 49:34.080]  That's simple.
[49:34.080 --> 49:36.080]  And they'll just pay you to go away at that point.
[49:36.080 --> 49:39.080]  Well, what do you think?
[49:39.080 --> 49:45.080]  At the minimum, the lawyer, you file a federal court, the lawyer's got to prepare a defense.
[49:45.080 --> 49:47.080]  He's got to answer the complaint.
[49:47.080 --> 49:53.080]  He's going to charge them, I'm sure, at least 10 hours, okay, right up front, at $400 or $500 an hour.
[49:53.080 --> 49:55.080]  I don't know what lawyers get today.
[49:55.080 --> 50:00.080]  I don't deal with them, but I'm guessing $400 or $500 is probably conservative.
[50:00.080 --> 50:07.080]  All right, say $400 to 10 hours, that's $4,000, and they're trying to collect $60.
[50:07.080 --> 50:12.080]  Isn't it cheaper just to pay to have this SOD go away, the $1,000,
[50:12.080 --> 50:16.080]  and we can write it off our taxes as a business loss?
[50:16.080 --> 50:18.080]  And we're done with this guy.
[50:18.080 --> 50:23.080]  Or do we want to go into federal court and pay $4,000, $10,000, $15,000,
[50:23.080 --> 50:30.080]  and this guy might win on top of it, and we've got to pay him plus his damages as a court call.
[50:30.080 --> 50:36.080]  Yes, see, if you know what you're doing as a pro se, you can really beat these guys up
[50:36.080 --> 50:42.080]  because they've got to pay attorney's fees, and us, we've got nothing to lose.
[50:42.080 --> 50:46.080]  Everything to gain, and so we have all the leverage on our side.
[50:46.080 --> 50:47.080]  Exactly.
[50:47.080 --> 50:52.080]  We don't have that little number after the end of our name, you know, for the bar association.
[50:52.080 --> 50:54.080]  We don't have that.
[50:54.080 --> 50:56.080]  And they know this in the federal courts.
[50:56.080 --> 51:02.080]  They've been told to treat pro se litigants with open arms
[51:02.080 --> 51:07.080]  and to assist them because they're not trained attorneys.
[51:07.080 --> 51:13.080]  Okay? So, you know, I have never had a bad time with a judge
[51:13.080 --> 51:16.080]  or anybody in a federal court with my cases.
[51:16.080 --> 51:19.080]  I've had them protect me.
[51:19.080 --> 51:22.080]  I've had them look out for my rights, and I've had them side for me.
[51:22.080 --> 51:25.080]  When they saw something was wrong that these guys were doing,
[51:25.080 --> 51:28.080]  they can't come out and say it, but you could tell by their actions
[51:28.080 --> 51:33.080]  and the way they talked to the defendants, you know?
[51:33.080 --> 51:37.080]  I told you that one case where the guy wasn't signing the papers and cutting the checks,
[51:37.080 --> 51:39.080]  and the judge looked at me, and he looked at him,
[51:39.080 --> 51:43.080]  and he says, I see either one of you back in my court again who's ever causing the problems.
[51:43.080 --> 51:45.080]  You're going to be sorry.
[51:45.080 --> 51:48.080]  And I know I wasn't causing any problem.
[51:48.080 --> 51:49.080]  Right.
[51:49.080 --> 51:50.080]  You talked to the lawyer.
[51:50.080 --> 51:52.080]  Okay?
[51:52.080 --> 51:53.080]  All right.
[51:53.080 --> 51:55.080]  Well, Mike, do you want to continue on with the callers?
[51:55.080 --> 51:56.080]  Absolutely.
[51:56.080 --> 51:57.080]  Okay. Let's go.
[51:57.080 --> 52:00.080]  We've got Jessica in Texas.
[52:00.080 --> 52:03.080]  Jessica, thanks for calling in.
[52:03.080 --> 52:04.080]  What is your question for our guest?
[52:04.080 --> 52:07.080]  Regarding pulling your own credit,
[52:07.080 --> 52:13.080]  you had said to pull everything at one time, possibly at the beginning of the year,
[52:13.080 --> 52:19.080]  but I have heard that if you don't have any court case pending or something,
[52:19.080 --> 52:26.080]  to pull individually, like, say, every four months go to one of the credit bureaus,
[52:26.080 --> 52:31.080]  and that way you can kind of keep up on your credit report.
[52:31.080 --> 52:37.080]  Would you recommend once a year or go to each one every four months?
[52:37.080 --> 52:46.080]  I have a credit monitoring service in place personally who informs me that anything changes on my credit report.
[52:46.080 --> 52:48.080]  I get an email from them saying,
[52:48.080 --> 52:50.080]  what was changed on your credit report?
[52:50.080 --> 52:52.080]  And here's what's happening, and you can go look at it.
[52:52.080 --> 52:58.080]  So my answer to you is if you're serious about this and you're serious about your credit,
[52:58.080 --> 53:02.080]  you can get in one of those things for like $10 a month, okay,
[53:02.080 --> 53:04.080]  and you'll know what the heck is going on.
[53:04.080 --> 53:07.080]  And if you're going to court with these guys,
[53:07.080 --> 53:10.080]  I strongly recommend that you get into one of those services,
[53:10.080 --> 53:15.080]  and I think TransUnion or one of the bureaus is offering that now,
[53:15.080 --> 53:20.080]  where you can pull your credit report daily, once every 24 hours,
[53:20.080 --> 53:22.080]  because you need to know what's going on.
[53:22.080 --> 53:31.080]  You need to be able to print those reports out and present them as evidence, okay, if you're in the court system.
[53:31.080 --> 53:35.080]  But as a bare minimum, I strongly suggest, you know,
[53:35.080 --> 53:41.080]  with all the stuff that's going on today with the fraud and the identity theft and so on and so forth,
[53:41.080 --> 53:43.080]  I have a monitoring service,
[53:43.080 --> 53:51.080]  so I 100% think you should have something in place to protect yourself, just so you know what's going on.
[53:51.080 --> 53:52.080]  All right.
[53:52.080 --> 53:53.080]  Can I comment on the question also?
[53:53.080 --> 53:54.080]  Sure.
[53:54.080 --> 53:56.080]  Go ahead, Jeff.
[53:56.080 --> 54:03.080]  I suspect, although I don't know what was underneath the communication that you received,
[54:03.080 --> 54:10.080]  but I suspect that what they're forewarning you of is that if you pull your own credit report repeatedly
[54:10.080 --> 54:18.080]  through it during the year, the credit bureaus will start to don points off your credit record, your score,
[54:18.080 --> 54:20.080]  and your score will fall.
[54:20.080 --> 54:21.080]  Okay.
[54:21.080 --> 54:22.080]  Is that true?
[54:22.080 --> 54:23.080]  Yes.
[54:23.080 --> 54:27.080]  Will they deduct points from your credit report for pulling your own report?
[54:27.080 --> 54:28.080]  Yep.
[54:28.080 --> 54:32.080]  Well, I knew that they deducted points if somebody else pulled your report,
[54:32.080 --> 54:36.080]  but I didn't know they deducted points for you pulling your own report.
[54:36.080 --> 54:40.080]  Is this the second time they see you in there, they figure you're up to something?
[54:40.080 --> 54:42.080]  And that might be possible.
[54:42.080 --> 54:47.080]  A lot of the bureaus or these organizations that do this,
[54:47.080 --> 54:53.080]  they'll usually have a statement in there saying that when you pull this report,
[54:53.080 --> 54:56.080]  it won't appear on your credit report.
[54:56.080 --> 54:57.080]  Okay.
[54:57.080 --> 54:58.080]  And that's a fact.
[54:58.080 --> 55:06.080]  There are non-pulls to your credit report that do not appear on your credit report.
[55:06.080 --> 55:09.080]  For instance, if they're looking to give you a credit card,
[55:09.080 --> 55:13.080]  they go in and don't do what they call is a hard pull.
[55:13.080 --> 55:19.080]  They do a soft pull, and it does not appear on your credit report.
[55:19.080 --> 55:24.080]  Now, whether they go in and knock your credit score, you know,
[55:24.080 --> 55:29.080]  if they're doing that, I wouldn't want to be on the receiving end of that,
[55:29.080 --> 55:31.080]  you know, when you're pulling your report.
[55:31.080 --> 55:34.080]  That sounds like a racket, a setup for a racket to me,
[55:34.080 --> 55:38.080]  because then that means all these types of services,
[55:38.080 --> 55:41.080]  like what you're talking about, Mike, these monitoring services,
[55:41.080 --> 55:45.080]  well, they get to access your credit report and you get to see it,
[55:45.080 --> 55:47.080]  but you've got to pay.
[55:47.080 --> 55:52.080]  Well, why the heck shouldn't you be able to access your own credit report
[55:52.080 --> 55:55.080]  directly and pay without penalty?
[55:55.080 --> 55:58.080]  That just don't sound right to me.
[55:58.080 --> 56:01.080]  Well, you know, nothing surprises me, okay?
[56:01.080 --> 56:07.080]  I haven't had that happen with me, and Jeff is right, it can affect your score.
[56:07.080 --> 56:13.080]  But my understanding is when they do that, they do it as a soft pull.
[56:13.080 --> 56:16.080]  When you pull your credit report, it's a soft pull.
[56:16.080 --> 56:22.080]  You do keep a record of it, but it does not affect your score or your credit rating.
[56:22.080 --> 56:27.080]  Nobody gets to see it but you and the Bureau, that's it.
[56:27.080 --> 56:28.080]  Okay?
[56:28.080 --> 56:29.080]  All right.
[56:29.080 --> 56:31.080]  All right, Jesse, do you have any other questions?
[56:31.080 --> 56:33.080]  No, but thank you so much.
[56:33.080 --> 56:35.080]  Okay, great.
[56:35.080 --> 56:39.080]  Okay, we are going to go now to Neal in Texas, Neal Swakowski,
[56:39.080 --> 56:42.080]  who's actually a host on this network in this fraud detection.
[56:42.080 --> 56:43.080]  Neal, thanks for calling in.
[56:43.080 --> 56:45.080]  What's your question for our guest?
[56:45.080 --> 56:53.080]  Well, I kind of have a couple of statements and just a question on, you know, how he views,
[56:53.080 --> 57:00.080]  first of all, the statement I'd like to make is does he take into effect with some of his clients
[57:00.080 --> 57:10.080]  how the debt is handled on the accounting books when it comes to dealing with this debt?
[57:10.080 --> 57:15.080]  So you're saying that maybe they've come up with the wrong balance
[57:15.080 --> 57:19.080]  or the alleged amount that owed is wrong or something like that?
[57:19.080 --> 57:26.080]  Well, I guess my point here is more as, you know, when a debt goes past the 180-day default time.
[57:26.080 --> 57:27.080]  Yeah.
[57:27.080 --> 57:29.080]  I took a lot of accounting classes in college.
[57:29.080 --> 57:32.080]  I'm a book nerd, I admit it.
[57:32.080 --> 57:36.080]  That once the debt goes past the 180-day default point,
[57:36.080 --> 57:41.080]  that the corporation actually takes that debt from one side of the books,
[57:41.080 --> 57:44.080]  puts it onto the other side of the books, such as the charge-off side,
[57:44.080 --> 57:53.080]  and then uses that debt against capital gains taxes that they may owe at the end of the year's closing,
[57:53.080 --> 57:57.080]  that corporation's books.
[57:57.080 --> 58:02.080]  I guess my point here is that the U.S. government has actually given all commercial entities
[58:02.080 --> 58:07.080]  a nontraditional default judgment system.
[58:07.080 --> 58:09.080]  I hear music.
[58:09.080 --> 58:10.080]  Yes.
[58:10.080 --> 58:13.080]  I think there's more involved than that, but I think we've got to take a break.
[58:13.080 --> 58:15.080]  Yeah, we're going to the top of the hour break.
[58:15.080 --> 58:17.080]  Neal, stay on the line.
[58:17.080 --> 58:18.080]  Sure.
[58:18.080 --> 58:19.080]  Okay, because we're going to talk about this on the other side.
[58:19.080 --> 58:21.080]  This is an important issue.
[58:21.080 --> 58:23.080]  And then we will go to the rest of our callers.
[58:23.080 --> 58:27.080]  Callers, if you'd like to call in, we've got one more hour with Mr. Mike Mears,
[58:27.080 --> 58:32.080]  512-646-1984. We will be right back.
[58:58.080 --> 59:05.080]  This is Deborah Stevens from Rule of Law Radio with an update on the Austin micro-FMs.
[59:05.080 --> 59:09.080]  The outpouring of support for 90.1 has been tremendous.
[59:09.080 --> 59:12.080]  In only two days, Brave New Books has collected over 100 letters
[59:12.080 --> 59:15.080]  and enough donations to cover court costs so far.
[59:15.080 --> 59:19.080]  A lawsuit and petition for restraining order has been filed to stop the FCC
[59:19.080 --> 59:23.080]  from taking any further action until this is sorted out in court.
[59:23.080 --> 59:26.080]  90.1 will stay on the air for the long haul.
[59:26.080 --> 59:29.080]  Even if the court orders the operators to shut down,
[59:29.080 --> 59:32.080]  we are prepared to appeal all the way to the U.S. Supreme Court.
[59:32.080 --> 59:37.080]  Now is the time to kick our Serving the Public Interest letter campaign
[59:37.080 --> 59:42.080]  into high gear to go viral so we can build as strong a case as possible.
[59:42.080 --> 59:45.080]  We need your donations to cover future court costs,
[59:45.080 --> 59:48.080]  travel expenses, and possible fines as well.
[59:48.080 --> 59:52.080]  Please go to ruleoflawradio.com to download the letter and donate
[59:52.080 --> 59:57.080]  or stop by Brave New Books at 1904 Guadalupe Sweet Beach.
[59:57.080 --> 01:00:00.080]  Thank you, Austin, and please continue your support.
[01:00:00.080 --> 01:00:05.080]  This news brief was brought to you by the International News Net.
[01:00:05.080 --> 01:00:10.080]  On Friday, Congressman Dennis Kucinich attacked Barack Obama's acceptance speech
[01:00:10.080 --> 01:00:14.080]  for the Nobel Peace Prize on the inevitability of war
[01:00:14.080 --> 01:00:17.080]  and its use as an instrument for peace.
[01:00:17.080 --> 01:00:21.080]  Kucinich added the war against Iraq was based on lies,
[01:00:21.080 --> 01:00:27.080]  wars in Afghanistan and Pakistan are based on flawed doctrines of counterinsurgency.
[01:00:27.080 --> 01:00:32.080]  A federal judge Thursday found the Defense Department in contempt of court
[01:00:32.080 --> 01:00:36.080]  for failing to videotape the testimony of Mohammed al-Adhaqi,
[01:00:36.080 --> 01:00:39.080]  a prisoner held at Guantanamo.
[01:00:39.080 --> 01:00:44.080]  U.S. District Judge Gladys Kessler demanded a detailed explanation
[01:00:44.080 --> 01:00:49.080]  of why the Pentagon failed to conduct the taping as directed.
[01:00:49.080 --> 01:00:54.080]  An American woman working for contractor KBR at a U.S. military base in Iraq
[01:00:54.080 --> 01:01:00.080]  was reportedly raped and beaten so badly by a base worker she had to be hospitalized.
[01:01:00.080 --> 01:01:04.080]  KBR officials declined to provide details Wednesday
[01:01:04.080 --> 01:01:13.080]  but confirmed they are cooperating in a military criminal investigation.
[01:01:13.080 --> 01:01:18.080]  Bowing to intense public pressure, Goldman Sachs Thursday scaled back plans
[01:01:18.080 --> 01:01:22.080]  to distribute at least $16 billion in year-end bonuses,
[01:01:22.080 --> 01:01:27.080]  stripping cash awards from 30 top executives in favor of restricted stock.
[01:01:27.080 --> 01:01:32.080]  The company said those executives won't be able to sell the stock for five years
[01:01:32.080 --> 01:01:36.080]  and could be forced to relinquish it if they engage in improper risk analysis
[01:01:36.080 --> 01:01:40.080]  or fail to sufficiently raise concerns about risks.
[01:01:40.080 --> 01:01:45.080]  The campaign to restrain executive pay escalated after big investment banks
[01:01:45.080 --> 01:01:50.080]  plunged into the risky subprime mortgage market fueling a housing bubble
[01:01:50.080 --> 01:01:54.080]  that triggered the worst economic crisis since the Great Depression.
[01:01:54.080 --> 01:01:57.080]  Goldman and other Wall Street firms have been under public pressure
[01:01:57.080 --> 01:02:02.080]  to revamp their compensation policies so multi-million dollar bonuses
[01:02:02.080 --> 01:02:06.080]  don't encourage risky short-term behavior.
[01:02:06.080 --> 01:02:13.080]  Goldman paid back its $10 billion bailout by mid-year, avoiding those restrictions.
[01:02:13.080 --> 01:02:17.080]  The House of Representatives Thursday passed a massive spending bill
[01:02:17.080 --> 01:02:21.080]  including boosts for domestic agencies and foreign aid
[01:02:21.080 --> 01:02:26.080]  with more than 5,000 back home projects sought by lawmakers.
[01:02:26.080 --> 01:02:33.080]  The $1.1 trillion measure would provide $447 billion in operating budgets
[01:02:33.080 --> 01:02:38.080]  for 10 cabinet departments, awarding increases averaging almost 10%.
[01:02:38.080 --> 01:02:45.080]  In addition, $600 billion is allocated for federal programs such as Medicare and Medicaid.
[01:02:45.080 --> 01:02:48.080]  The Senate is expected to pass it this weekend.
[01:02:48.080 --> 01:02:53.080]  Blending increases for veterans programs, NASA and the FBI,
[01:02:53.080 --> 01:02:57.080]  with a pay raise for federal workers and help for car dealers,
[01:02:57.080 --> 01:03:21.080]  legislation embraces six of the 12 annual appropriations bills.
[01:03:27.080 --> 01:03:42.080]  Okay, we are back. We're taking your calls.
[01:03:42.080 --> 01:03:45.080]  Right now we are going back to Neil Strachowski.
[01:03:45.080 --> 01:03:47.080]  He's one of the hosts on this network.
[01:03:47.080 --> 01:03:50.080]  He does a show, Endless Fraud Detection, with Steve Skidmore
[01:03:50.080 --> 01:03:56.080]  on Thursday nights, 10 to midnight here Central Time.
[01:03:56.080 --> 01:03:57.080]  Okay, go ahead, Neil.
[01:03:57.080 --> 01:04:02.080]  You were discussing the fact about when they write it off after 180 days,
[01:04:02.080 --> 01:04:07.080]  they charge it off on their capital gains tax.
[01:04:07.080 --> 01:04:10.080]  Yes, and what happens when that happens?
[01:04:10.080 --> 01:04:13.080]  I mean, I've had to zero a lot of books through the accounting classes,
[01:04:13.080 --> 01:04:18.080]  but what happens is they actually get remedy because it's monies that they didn't pay,
[01:04:18.080 --> 01:04:22.080]  you know, a penny earned is a penny saved or a penny saved is a penny earned.
[01:04:22.080 --> 01:04:28.080]  They actually received what would be considered a nonjudicial default judgment
[01:04:28.080 --> 01:04:34.080]  through the ability to take that debt from one side of the books to the other.
[01:04:34.080 --> 01:04:37.080]  And what I have found is just bringing this up to them,
[01:04:37.080 --> 01:04:40.080]  that we know that this is what they're doing has worked very,
[01:04:40.080 --> 01:04:48.080]  very well in dealing with the claim of debt or the continued claim of an open debt.
[01:04:48.080 --> 01:04:49.080]  Right.
[01:04:49.080 --> 01:04:54.080]  I was just wondering how you would integrate that type of concept of,
[01:04:54.080 --> 01:05:00.080]  listen, you've already received equitable remedy from this charge off.
[01:05:00.080 --> 01:05:03.080]  How is it that you're still coming after me when you've received this debt?
[01:05:03.080 --> 01:05:08.080]  I was just wondering if you include that or take that into consideration
[01:05:08.080 --> 01:05:13.080]  when dealing with the claim of an open and active debt by a debt collector or anybody?
[01:05:13.080 --> 01:05:19.080]  Yeah, I understand exactly what you're talking about. I concur with what you're saying.
[01:05:19.080 --> 01:05:25.080]  However, as a plaintiff in a case, as opposed to a defendant, all right,
[01:05:25.080 --> 01:05:29.080]  I believe it could be used more as a defense.
[01:05:29.080 --> 01:05:33.080]  However, under fair credit debt collection, they don't talk about that.
[01:05:33.080 --> 01:05:37.080]  But I'm not saying what you're saying is wrong. You're absolutely right.
[01:05:37.080 --> 01:05:38.080]  Okay.
[01:05:38.080 --> 01:05:41.080]  And we know that they're insured for these loans.
[01:05:41.080 --> 01:05:44.080]  They get insurance. They get to write it off their taxes.
[01:05:44.080 --> 01:05:48.080]  And you're a book guy. You know what you're saying.
[01:05:48.080 --> 01:05:53.080]  And they transfer and they show it as a credit now or default judgment or whatever.
[01:05:53.080 --> 01:05:56.080]  But then it even gets better because then they sell it to a debt collector.
[01:05:56.080 --> 01:06:00.080]  So they can pay from the debt collector for buying the alleged debt.
[01:06:00.080 --> 01:06:03.080]  And now the debt collector comes along and says,
[01:06:03.080 --> 01:06:05.080]  not only do you owe us a thousand bucks,
[01:06:05.080 --> 01:06:11.080]  but we've got collection fees, interest and everything else on top of it.
[01:06:11.080 --> 01:06:14.080]  And yes, what you're saying can be done.
[01:06:14.080 --> 01:06:16.080]  And it has been done in a court of law.
[01:06:16.080 --> 01:06:23.080]  You can bring that up to them and they will fight you tooth and nail.
[01:06:23.080 --> 01:06:24.080]  I was going to ask about that.
[01:06:24.080 --> 01:06:29.080]  I was going to ask how their response to that particular situation is going to be.
[01:06:29.080 --> 01:06:32.080]  They will fight you tooth and nail because what they're doing,
[01:06:32.080 --> 01:06:34.080]  and here's a perfect example.
[01:06:34.080 --> 01:06:39.080]  Let's say it's a thousand dollar debt, alleged account, whatever.
[01:06:39.080 --> 01:06:43.080]  The debt collector buys it for two or three percent on a dollar.
[01:06:43.080 --> 01:06:48.080]  So he buys it for a hundred bucks, let's say, for argument's sake.
[01:06:48.080 --> 01:06:51.080]  Now he's coming into court and he's trying to collect the thousand
[01:06:51.080 --> 01:06:56.080]  plus late charges, interest and attorney's fees, and now the bill is two thousand.
[01:06:56.080 --> 01:07:00.080]  And the original debt is now only a hundred bucks.
[01:07:00.080 --> 01:07:04.080]  If you told the judge that, they're committing fraud upon the court,
[01:07:04.080 --> 01:07:07.080]  they're liars in the court about the amount of money that's owed.
[01:07:07.080 --> 01:07:12.080]  That's why they come in with these affidavit of debts in the court.
[01:07:12.080 --> 01:07:16.080]  And of course, what your challenge is to the affidavit of debt,
[01:07:16.080 --> 01:07:18.080]  and they win on these big time.
[01:07:18.080 --> 01:07:21.080]  People who have been in the lower courts get buried on this
[01:07:21.080 --> 01:07:27.080]  because the prosecuting attorney or the attorney for the plaintiff
[01:07:27.080 --> 01:07:30.080]  stands there in front of the judge and says, your honor,
[01:07:30.080 --> 01:07:32.080]  I got an affidavit of debt here signed by the company,
[01:07:32.080 --> 01:07:34.080]  says this person owes this money.
[01:07:34.080 --> 01:07:35.080]  Oh, the judge says, yeah, that's great.
[01:07:35.080 --> 01:07:37.080]  Do you own that money?
[01:07:37.080 --> 01:07:41.080]  And you know, you stand there and say, I don't recall, I don't remember.
[01:07:41.080 --> 01:07:44.080]  And then the judge asks you questions like,
[01:07:44.080 --> 01:07:46.080]  did you ever have a credit card with this company?
[01:07:46.080 --> 01:07:49.080]  Wait a minute, wait, wait, wait, wait, wait.
[01:07:49.080 --> 01:07:52.080]  I thought the judge was supposed to be in personal.
[01:07:52.080 --> 01:07:55.080]  What the heck is he doing asking questions like that?
[01:07:55.080 --> 01:07:58.080]  If you don't know what to do, you're going to get hung.
[01:07:58.080 --> 01:07:59.080]  You're going to get hung.
[01:07:59.080 --> 01:08:01.080]  You're scared to death, you're nervous.
[01:08:01.080 --> 01:08:03.080]  What are you going to say?
[01:08:03.080 --> 01:08:04.080]  You're going to say, yeah, I did have that.
[01:08:04.080 --> 01:08:05.080]  Okay, move on.
[01:08:05.080 --> 01:08:08.080]  Judgement granted, the affidavit of debt.
[01:08:08.080 --> 01:08:11.080]  Instead of getting up there and saying, wait a minute, your honor,
[01:08:11.080 --> 01:08:14.080]  I can't question an affidavit of debt,
[01:08:14.080 --> 01:08:16.080]  we don't even know who this person is who signed it.
[01:08:16.080 --> 01:08:18.080]  We don't know what access they had to records.
[01:08:18.080 --> 01:08:22.080]  We don't know how they protect those records from being accessed.
[01:08:22.080 --> 01:08:25.080]  I mean, you can nail them and say, you need to bring the person in
[01:08:25.080 --> 01:08:29.080]  that signed that affidavit and put them on the witness stand
[01:08:29.080 --> 01:08:31.080]  so I can cross-examine them.
[01:08:31.080 --> 01:08:33.080]  And even then, when you do that in the lower court,
[01:08:33.080 --> 01:08:36.080]  there's still a pretty good chance they're going to ignore you.
[01:08:36.080 --> 01:08:37.080]  Yeah, yeah.
[01:08:37.080 --> 01:08:38.080]  So the point is...
[01:08:38.080 --> 01:08:40.080]  It's something that I wanted to bring up
[01:08:40.080 --> 01:08:45.080]  and discuss real quickly about the fact that they do charge these things off.
[01:08:45.080 --> 01:08:49.080]  They have technically, under tax law, have received a remedy
[01:08:49.080 --> 01:08:54.080]  and are still attempting to collect the debt that they received remedy on.
[01:08:54.080 --> 01:09:00.080]  Mike, would that be something that you could put in the dispute letter, however?
[01:09:00.080 --> 01:09:02.080]  You could. You certainly could.
[01:09:02.080 --> 01:09:04.080]  Oh, I wouldn't put it in the dispute letter.
[01:09:04.080 --> 01:09:07.080]  I'd put it in the notice of pending lawsuit.
[01:09:07.080 --> 01:09:08.080]  Okay.
[01:09:08.080 --> 01:09:09.080]  Great.
[01:09:09.080 --> 01:09:10.080]  Yeah.
[01:09:10.080 --> 01:09:11.080]  Yeah.
[01:09:11.080 --> 01:09:12.080]  Great.
[01:09:12.080 --> 01:09:13.080]  That's pretty much it for me.
[01:09:13.080 --> 01:09:15.080]  I just wanted to bring it up.
[01:09:15.080 --> 01:09:17.080]  Yeah, absolutely true what you're saying.
[01:09:17.080 --> 01:09:19.080]  I'm aware of that, and I read that many years ago,
[01:09:19.080 --> 01:09:24.080]  that they get their insurance pays and stuff,
[01:09:24.080 --> 01:09:26.080]  and people are out there just thinking,
[01:09:26.080 --> 01:09:29.080]  what's this guy talking about?
[01:09:29.080 --> 01:09:33.080]  Folks, you don't believe it, okay?
[01:09:33.080 --> 01:09:40.080]  AIG, we billed them out to the amount of $180 billion with a B
[01:09:40.080 --> 01:09:47.080]  because they insured all these bad notes, mortgage notes.
[01:09:47.080 --> 01:09:49.080]  That's why we had to bail them out.
[01:09:49.080 --> 01:09:50.080]  You've seen it on TV.
[01:09:50.080 --> 01:09:53.080]  You've heard the corruption that goes on.
[01:09:53.080 --> 01:09:58.080]  There's guys out there buying insurance on notes that anybody can buy insurance on
[01:09:58.080 --> 01:10:03.080]  betting on the fact that these people are going to fold
[01:10:03.080 --> 01:10:08.080]  so they can collect the insurance, and it was outlawed in 1907,
[01:10:08.080 --> 01:10:13.080]  and the 2000 Congress allowed Wall Street to start this up again
[01:10:13.080 --> 01:10:20.080]  when they passed the law in the Congress to allow the Wall Street people
[01:10:20.080 --> 01:10:25.080]  to do these kind of investments, okay?
[01:10:25.080 --> 01:10:27.080]  We know they get paid for this stuff.
[01:10:27.080 --> 01:10:28.080]  Don't believe it?
[01:10:28.080 --> 01:10:29.080]  Look what happened to AIG.
[01:10:29.080 --> 01:10:32.080]  They're an insurance company.
[01:10:32.080 --> 01:10:34.080]  It's there right in front of you.
[01:10:34.080 --> 01:10:36.080]  So I don't feel bad for these guys.
[01:10:36.080 --> 01:10:40.080]  Anything you can throw at them and hit them with,
[01:10:40.080 --> 01:10:42.080]  I don't feel bad for them one bit.
[01:10:42.080 --> 01:10:45.080]  It's greed.
[01:10:45.080 --> 01:10:48.080]  It's just unbelievable.
[01:10:48.080 --> 01:10:51.080]  I mean, the more I hear about this stuff, the angrier I get,
[01:10:51.080 --> 01:10:53.080]  and I don't feel sorry for them when I go after them.
[01:10:53.080 --> 01:10:55.080]  You cause these problems.
[01:10:55.080 --> 01:10:56.080]  Yeah, exactly.
[01:10:56.080 --> 01:10:59.080]  Yeah, I'm on the same boat with you.
[01:10:59.080 --> 01:11:00.080]  All right.
[01:11:00.080 --> 01:11:01.080]  Well, thank you, Neil.
[01:11:01.080 --> 01:11:02.080]  Excellent point.
[01:11:02.080 --> 01:11:03.080]  Thank you, Deborah.
[01:11:03.080 --> 01:11:04.080]  Thank you guys for everything you do.
[01:11:04.080 --> 01:11:05.080]  I really appreciate you guys.
[01:11:05.080 --> 01:11:06.080]  Thank you for coming on tonight.
[01:11:06.080 --> 01:11:07.080]  Oh, we appreciate you too.
[01:11:07.080 --> 01:11:08.080]  Sure.
[01:11:08.080 --> 01:11:09.080]  Okay, Jeff.
[01:11:09.080 --> 01:11:10.080]  Good night.
[01:11:10.080 --> 01:11:11.080]  Thanks.
[01:11:10.080 --> 01:11:11.080]  Good night, Neil.
[01:11:11.080 --> 01:11:13.080]  Okay, Jeff, you wanted to make a comment about this quickly,
[01:11:13.080 --> 01:11:15.080]  about the 180 days thing?
[01:11:15.080 --> 01:11:16.080]  Yes.
[01:11:16.080 --> 01:11:20.080]  Neil, according to the GAO report to Congress,
[01:11:20.080 --> 01:11:22.080]  and I think this goes back several years,
[01:11:22.080 --> 01:11:27.080]  at the end of the 180 days when they write the debt off,
[01:11:27.080 --> 01:11:30.080]  all the records are destroyed.
[01:11:30.080 --> 01:11:33.080]  You write, they do write it off on their taxes,
[01:11:33.080 --> 01:11:34.080]  and they do collect the insurance,
[01:11:34.080 --> 01:11:37.080]  but they also destroy all the records.
[01:11:37.080 --> 01:11:42.080]  Well, that presents a problem for the people going into the lower court
[01:11:42.080 --> 01:11:46.080]  in that the attorney will show up with documents,
[01:11:46.080 --> 01:11:48.080]  but nobody can authenticate them,
[01:11:48.080 --> 01:11:51.080]  nobody knows because they're all fabricated.
[01:11:51.080 --> 01:11:53.080]  Right.
[01:11:53.080 --> 01:11:55.080]  And including the affidavit,
[01:11:55.080 --> 01:12:00.080]  and the affiant usually is somebody who works, excuse me,
[01:12:00.080 --> 01:12:02.080]  either works in the attorney's office,
[01:12:02.080 --> 01:12:07.080]  or the affiant works in the wholesaler from whom he bought the evidence of debt,
[01:12:07.080 --> 01:12:10.080]  and they didn't buy the debt, they bought evidence of debt.
[01:12:10.080 --> 01:12:11.080]  Just like having, you know,
[01:12:11.080 --> 01:12:14.080]  if you go out and purchase a photocopy of a $100 bill,
[01:12:14.080 --> 01:12:17.080]  that photocopy is evidence of a $100 bill,
[01:12:17.080 --> 01:12:19.080]  and they purchase evidence of debt.
[01:12:19.080 --> 01:12:22.080]  Yes, they actually can't buy the debt, is that correct?
[01:12:22.080 --> 01:12:23.080]  Yes.
[01:12:23.080 --> 01:12:26.080]  Because the debt is charged off.
[01:12:26.080 --> 01:12:28.080]  Right.
[01:12:28.080 --> 01:12:34.080]  But even if it's charged off, it's my understanding that somehow it still exists out there,
[01:12:34.080 --> 01:12:39.080]  and the only way that you can really put a stop to it as far as the books is concerned
[01:12:39.080 --> 01:12:42.080]  is to file a 1099A on it.
[01:12:42.080 --> 01:12:45.080]  But with Mike Miras's method, you don't even need to do that
[01:12:45.080 --> 01:12:50.080]  because what you do is you get a settlement agreement with these rogues,
[01:12:50.080 --> 01:12:56.080]  a contract to keep them from continually selling the evidence of the debt to perpetuate it.
[01:12:56.080 --> 01:13:01.080]  But if you really want to stop it on the books, you need to file a 1099A.
[01:13:01.080 --> 01:13:02.080]  That's my understanding.
[01:13:02.080 --> 01:13:05.080]  Well, about the 1099A, I can't speak.
[01:13:05.080 --> 01:13:06.080]  Okay, all right.
[01:13:06.080 --> 01:13:11.080]  But for Mike's approach, oh, sudden death.
[01:13:11.080 --> 01:13:13.080]  Absolutely, absolutely.
[01:13:13.080 --> 01:13:14.080]  Do it.
[01:13:14.080 --> 01:13:15.080]  Okay.
[01:13:15.080 --> 01:13:21.080]  And here's the thing on those documents they want to bring in for another company.
[01:13:21.080 --> 01:13:25.080]  If it isn't the company that's filing the suit against you,
[01:13:25.080 --> 01:13:28.080]  those documents belonging to another company are inadmissible
[01:13:28.080 --> 01:13:31.080]  without a competent fact witness to support them.
[01:13:31.080 --> 01:13:32.080]  Right.
[01:13:32.080 --> 01:13:38.080]  Now, here's another issue I wanted to bring up with these third-party debt collector attorneys.
[01:13:38.080 --> 01:13:44.080]  If you do what Randy is saying, subpoena the creditor and make them cry uncle
[01:13:44.080 --> 01:13:47.080]  as to whether or not this attorney really represents them or not,
[01:13:47.080 --> 01:13:55.080]  and if they say no, well, then you can go after the attorney major, criminally,
[01:13:55.080 --> 01:13:59.080]  and civilly for false representation if you wanted to.
[01:13:59.080 --> 01:14:00.080]  Yep.
[01:14:00.080 --> 01:14:01.080]  Oh, yeah.
[01:14:01.080 --> 01:14:05.080]  Just to add a little bit more wood to the fire, Deborah,
[01:14:05.080 --> 01:14:09.080]  there are organizations that are on the Internet where you can go buy
[01:14:09.080 --> 01:14:11.080]  the affidavits and monthly statements.
[01:14:11.080 --> 01:14:13.080]  Yep.
[01:14:13.080 --> 01:14:17.080]  Really?
[01:14:17.080 --> 01:14:19.080]  Oh, that's interesting.
[01:14:19.080 --> 01:14:20.080]  Isn't it?
[01:14:20.080 --> 01:14:29.080]  So if an attorney comes in and claims that he is the agent for the debtor
[01:14:29.080 --> 01:14:33.080]  and I go in on the Internet and get the same thing,
[01:14:33.080 --> 01:14:38.080]  then I can come in as the agent for the debtor when I am the debtor.
[01:14:38.080 --> 01:14:43.080]  I mean, not the borrower.
[01:14:43.080 --> 01:14:46.080]  Yeah, you can go to several organizations on the Internet.
[01:14:46.080 --> 01:14:48.080]  You can go and purchase ads.
[01:14:48.080 --> 01:14:52.080]  You tell them what bank and what the account number was,
[01:14:52.080 --> 01:14:57.080]  and they'll supply you with an affidavit and monthly statements.
[01:14:57.080 --> 01:15:01.080]  So if I come in as the owner of the debt myself,
[01:15:01.080 --> 01:15:07.080]  that would jerk a knot in their shorts.
[01:15:07.080 --> 01:15:09.080]  That's too funny.
[01:15:09.080 --> 01:15:11.080]  That is a great way of doing it.
[01:15:11.080 --> 01:15:12.080]  Oh, and you know what?
[01:15:12.080 --> 01:15:16.080]  If you do what Randy just said and you file a 1099A on it,
[01:15:16.080 --> 01:15:19.080]  then it's proof positive that you own it.
[01:15:19.080 --> 01:15:21.080]  Actually, you don't even need to do that.
[01:15:21.080 --> 01:15:23.080]  If you file a 1099A, that's all it takes.
[01:15:23.080 --> 01:15:27.080]  But still, if you went and bought it yourself and said,
[01:15:27.080 --> 01:15:31.080]  well, wait a minute, I bought it, that would be funny.
[01:15:31.080 --> 01:15:34.080]  Well, I have known some people that have actually been sued
[01:15:34.080 --> 01:15:39.080]  by three different law firms over the same account at the same time.
[01:15:39.080 --> 01:15:40.080]  Sure.
[01:15:40.080 --> 01:15:41.080]  I don't care.
[01:15:41.080 --> 01:15:43.080]  And that's exactly the issue.
[01:15:43.080 --> 01:15:45.080]  That's why they have to show standing.
[01:15:45.080 --> 01:15:46.080]  Right.
[01:15:46.080 --> 01:15:49.080]  And that's why standing cannot be proved.
[01:15:49.080 --> 01:15:51.080]  The agency cannot be proved out of the mouth.
[01:15:51.080 --> 01:15:53.080]  Exactly.
[01:15:53.080 --> 01:15:55.080]  Well, it's completely ridiculous.
[01:15:55.080 --> 01:15:57.080]  They can't buy the debt anyway.
[01:15:57.080 --> 01:15:59.080]  You can't buy a debt.
[01:15:59.080 --> 01:16:01.080]  They're buying the evidence of the debt.
[01:16:01.080 --> 01:16:06.080]  The whole thing of the third-party debt collector is just fraud on its face, period.
[01:16:06.080 --> 01:16:07.080]  Oh, yeah.
[01:16:07.080 --> 01:16:08.080]  Big time.
[01:16:08.080 --> 01:16:10.080]  It's just complete fraud on its face, period.
[01:16:10.080 --> 01:16:12.080]  But Mike doesn't even really go to that.
[01:16:12.080 --> 01:16:15.080]  You just go to the civil rights issue and beat him up with that.
[01:16:15.080 --> 01:16:16.080]  Right.
[01:16:16.080 --> 01:16:17.080]  Yep.
[01:16:17.080 --> 01:16:18.080]  Amazing.
[01:16:18.080 --> 01:16:20.080]  There's more cash for Mike in it.
[01:16:20.080 --> 01:16:21.080]  Well, yeah.
[01:16:21.080 --> 01:16:23.080]  And the court understands it.
[01:16:23.080 --> 01:16:27.080]  The federal court understands civil rights issues.
[01:16:27.080 --> 01:16:31.080]  We've had civil rights issues going on for hundreds of years.
[01:16:31.080 --> 01:16:38.080]  And now that we're under a democratic leadership, it's ripe for the civil rights arguments.
[01:16:38.080 --> 01:16:39.080]  Exactly.
[01:16:39.080 --> 01:16:40.080]  Okay.
[01:16:40.080 --> 01:16:42.080]  So just use it against them.
[01:16:42.080 --> 01:16:43.080]  All right.
[01:16:43.080 --> 01:16:45.080]  We're going to be back right on the other side.
[01:16:45.080 --> 01:16:47.080]  We're going to continue to take your calls.
[01:16:47.080 --> 01:16:49.080]  We've got Carolyn, Mimi.
[01:16:49.080 --> 01:16:50.080]  I'm sorry.
[01:16:50.080 --> 01:16:52.080]  We took Neil, Joe, Ron, Randy.
[01:16:52.080 --> 01:17:01.080]  We'll be right back.
[01:17:01.080 --> 01:17:02.080]  Hello, Austin.
[01:17:02.080 --> 01:17:06.080]  My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here in town.
[01:17:06.080 --> 01:17:10.080]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:10.080 --> 01:17:15.080]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars, Catherine Albert, Webster Carpley,
[01:17:15.080 --> 01:17:19.080]  G. Edward Griffin, and many other heroic figures in the patriot movement.
[01:17:19.080 --> 01:17:22.080]  And now Brave New Books needs your help.
[01:17:22.080 --> 01:17:27.080]  In order to continue to provide a space for these events and be an outlet for hard-to-find materials,
[01:17:27.080 --> 01:17:30.080]  we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:30.080 --> 01:17:34.080]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:34.080 --> 01:17:38.080]  We also have DVD duplication capabilities for all you activists.
[01:17:38.080 --> 01:17:42.080]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:42.080 --> 01:17:47.080]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[01:17:47.080 --> 01:17:49.080]  Remember, you vote with your dollars.
[01:17:49.080 --> 01:17:50.080]  We're counting on you, Austin.
[01:17:50.080 --> 01:17:57.080]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:57.080 --> 01:18:25.080]  Thank you, everyone.
[01:18:25.080 --> 01:18:50.080]  Okay, we are back.
[01:18:50.080 --> 01:18:53.080]  Mike Mears has agreed to go into overtime if necessary,
[01:18:53.080 --> 01:18:58.080]  but we like to try to make these calls and the discussions as efficient as possible
[01:18:58.080 --> 01:19:02.080]  so that I can finish mastering the audio for the seminar for you guys
[01:19:02.080 --> 01:19:09.080]  because I know everyone is waiting with bated breath to get the seminar, the traffic seminar from Eddie.
[01:19:09.080 --> 01:19:13.080]  Okay, so we're going to go to Carolyn now.
[01:19:13.080 --> 01:19:16.080]  Okay, Carolyn from Texas, what is your question for our guest?
[01:19:16.080 --> 01:19:21.080]  Yes, I have a line of credit with my bank, Wells Fargo.
[01:19:21.080 --> 01:19:26.080]  I wonder how these things apply to something like that.
[01:19:26.080 --> 01:19:29.080]  It's the same thing.
[01:19:29.080 --> 01:19:35.080]  If you've had a problem with the line of credit where you've either been late or you're in default or whatever,
[01:19:35.080 --> 01:19:42.080]  it applies under fair credit, what they're doing in your credit report, and you need to challenge them.
[01:19:42.080 --> 01:19:45.080]  You need to send them off a letter of dispute.
[01:19:45.080 --> 01:19:47.080]  Keep it simple.
[01:19:47.080 --> 01:19:52.080]  So Mike, this applies to secured as well as unsecured debt?
[01:19:52.080 --> 01:19:53.080]  Absolutely.
[01:19:53.080 --> 01:19:56.080]  See, here's the problem you're having.
[01:19:56.080 --> 01:19:57.080]  You keep saying debt.
[01:19:57.080 --> 01:19:58.080]  You keep saying debt.
[01:19:58.080 --> 01:20:00.080]  It has nothing to do with the debt.
[01:20:00.080 --> 01:20:02.080]  It has nothing to do with money that's owed.
[01:20:02.080 --> 01:20:04.080]  That's the thing you've got to learn with this stuff.
[01:20:04.080 --> 01:20:08.080]  It has nothing to do with money.
[01:20:08.080 --> 01:20:09.080]  You're in my credit report.
[01:20:09.080 --> 01:20:12.080]  You said I'm late.
[01:20:12.080 --> 01:20:14.080]  What's this all about?
[01:20:14.080 --> 01:20:17.080]  They need to do several things when that happens.
[01:20:17.080 --> 01:20:20.080]  One, they need to immediately mark the account in dispute.
[01:20:20.080 --> 01:20:21.080]  I'm not making this up.
[01:20:21.080 --> 01:20:26.080]  Go read the law, Fair Credit Reporting Act.
[01:20:26.080 --> 01:20:30.080]  It says if you dispute something, they need to mark it in dispute.
[01:20:30.080 --> 01:20:31.080]  They don't do it.
[01:20:31.080 --> 01:20:33.080]  Well, that's a violation.
[01:20:33.080 --> 01:20:37.080]  I don't care whether it's I owe you a million bucks or 50 bucks.
[01:20:37.080 --> 01:20:38.080]  You're supposed to do something.
[01:20:38.080 --> 01:20:39.080]  You don't do it.
[01:20:39.080 --> 01:20:41.080]  I'm disputing this with you.
[01:20:41.080 --> 01:20:43.080]  You need to mark it in dispute.
[01:20:43.080 --> 01:20:45.080]  Now, can you take the dispute out?
[01:20:45.080 --> 01:20:46.080]  Sure you can.
[01:20:46.080 --> 01:20:50.080]  But the law says you must put it in there first when you get a dispute.
[01:20:50.080 --> 01:20:52.080]  And they don't do it.
[01:20:52.080 --> 01:20:53.080]  Okay?
[01:20:53.080 --> 01:20:57.080]  Now, if they don't answer you with an explanation,
[01:20:57.080 --> 01:21:00.080]  they're reporting erroneous and inaccurate information.
[01:21:00.080 --> 01:21:02.080]  Again, nothing to do with money.
[01:21:02.080 --> 01:21:04.080]  So that's their second violation.
[01:21:04.080 --> 01:21:06.080]  So that's $2,000.
[01:21:06.080 --> 01:21:11.080]  If they're in three bureaus, it's $6,000, $2,000 per credit bureau.
[01:21:11.080 --> 01:21:16.080]  And then every month they continue to update that report,
[01:21:16.080 --> 01:21:17.080]  and they update them every month.
[01:21:17.080 --> 01:21:19.080]  They break the law every month.
[01:21:19.080 --> 01:21:22.080]  It becomes a multiple of each month.
[01:21:22.080 --> 01:21:26.080]  So if you have $3,000 or $6,000 in violations
[01:21:26.080 --> 01:21:30.080]  and they continue to report that for three months,
[01:21:30.080 --> 01:21:33.080]  it's now $18,000 in violations.
[01:21:33.080 --> 01:21:41.080]  Plus your damages has nothing to do with the debt, the money.
[01:21:41.080 --> 01:21:43.080]  You've got to get that out of your head.
[01:21:43.080 --> 01:21:46.080]  That's the hardest thing I've had to teach people to do.
[01:21:46.080 --> 01:21:47.080]  I don't care what the money is.
[01:21:47.080 --> 01:21:49.080]  It doesn't make any difference.
[01:21:49.080 --> 01:21:53.080]  It's what they're supposed to do, not what you owe or what they claim you owe
[01:21:53.080 --> 01:21:55.080]  or what they claim you did wrong.
[01:21:55.080 --> 01:21:57.080]  It's what they're supposed to do.
[01:21:57.080 --> 01:22:01.080]  It's exactly the same approach that Randy and I use when it comes to due process.
[01:22:01.080 --> 01:22:04.080]  It doesn't matter whether you're guilty of the crime or not
[01:22:04.080 --> 01:22:06.080]  or whether what you did or didn't do.
[01:22:06.080 --> 01:22:09.080]  It has to do with what they're supposed to do.
[01:22:09.080 --> 01:22:11.080]  Well, let me ask this.
[01:22:11.080 --> 01:22:17.080]  A couple of years ago I had a very large gathering here at my home,
[01:22:17.080 --> 01:22:19.080]  and I had like 30 people here.
[01:22:19.080 --> 01:22:21.080]  And my purse was put away.
[01:22:21.080 --> 01:22:24.080]  My card to my bank account was safe and secure.
[01:22:24.080 --> 01:22:27.080]  No one in this home touched my card.
[01:22:27.080 --> 01:22:31.080]  But at the same time I had all of these people in my home,
[01:22:31.080 --> 01:22:38.080]  someone used my number to charge $40 at an amusement park in Houston.
[01:22:38.080 --> 01:22:42.080]  I called them and I asked about this,
[01:22:42.080 --> 01:22:48.080]  and I tried my best to get them to settle this because I didn't do that.
[01:22:48.080 --> 01:22:52.080]  I had a guest come through the terminal at Houston,
[01:22:52.080 --> 01:22:55.080]  but they couldn't have gone to Houston and back.
[01:22:55.080 --> 01:22:57.080]  There's no way.
[01:22:57.080 --> 01:23:01.080]  And, you know, I argued and, you know, I didn't do this and said,
[01:23:01.080 --> 01:23:04.080]  well, it was your card because they can tell by the magnetic strip
[01:23:04.080 --> 01:23:07.080]  that was used in the ATM.
[01:23:07.080 --> 01:23:13.080]  And I'm like, no, it was not my card.
[01:23:13.080 --> 01:23:16.080]  So, you know, I'm out 41-something, you know,
[01:23:16.080 --> 01:23:19.080]  for somebody else having a nice time at an amusement park.
[01:23:19.080 --> 01:23:23.080]  So are they trying to make this a debt or are you just out the money?
[01:23:23.080 --> 01:23:26.080]  I'm just out the money on that part.
[01:23:26.080 --> 01:23:27.080]  Okay.
[01:23:27.080 --> 01:23:31.080]  So they're not reporting it in your credit reports or anything like that?
[01:23:31.080 --> 01:23:35.080]  Well, no, because it came directly out of my actual bank account.
[01:23:35.080 --> 01:23:37.080]  So here's what I would do.
[01:23:37.080 --> 01:23:40.080]  Being the pain in the butt that I am,
[01:23:40.080 --> 01:23:45.080]  I've had issues with companies, major corporations, telephone companies,
[01:23:45.080 --> 01:23:48.080]  that don't return deposits and that kind of stuff.
[01:23:48.080 --> 01:23:54.080]  And what I do is I just go down to the local court and I file in small claims
[01:23:54.080 --> 01:23:57.080]  and have them freaking served,
[01:23:57.080 --> 01:24:02.080]  pay the $65 to have the process server, whatever it costs to file the case.
[01:24:02.080 --> 01:24:07.080]  You're going to add all that to the case and then send that to them and say,
[01:24:07.080 --> 01:24:09.080]  you know, it's not my money.
[01:24:09.080 --> 01:24:10.080]  You didn't have my card.
[01:24:10.080 --> 01:24:11.080]  You won't listen to me.
[01:24:11.080 --> 01:24:14.080]  Let's let a judge decide what's going on and see if they want to go there.
[01:24:14.080 --> 01:24:18.080]  I guarantee you, for $41, they will be on the phone with you and say,
[01:24:18.080 --> 01:24:20.080]  look, if you dismiss this case,
[01:24:20.080 --> 01:24:23.080]  we'll just pay you everything that you claim that's owed,
[01:24:23.080 --> 01:24:27.080]  including your court costs and your process server costs.
[01:24:27.080 --> 01:24:29.080]  It's that simple.
[01:24:29.080 --> 01:24:30.080]  It's that simple.
[01:24:30.080 --> 01:24:34.080]  I had that happen with Quest, with me on a refund for a wireless device.
[01:24:34.080 --> 01:24:36.080]  It took me a year.
[01:24:36.080 --> 01:24:37.080]  I sent it back.
[01:24:37.080 --> 01:24:39.080]  Did everything they told me.
[01:24:39.080 --> 01:24:41.080]  We don't know that you paid for it in our records.
[01:24:41.080 --> 01:24:43.080]  I said, well, I sent it back to you.
[01:24:43.080 --> 01:24:46.080]  Here's the tracking number from UPS.
[01:24:46.080 --> 01:24:47.080]  I got the bank statement.
[01:24:47.080 --> 01:24:48.080]  I showed them.
[01:24:48.080 --> 01:24:50.080]  I was on a Washington Mutual credit card.
[01:24:50.080 --> 01:24:51.080]  Here it is, black and white.
[01:24:51.080 --> 01:24:52.080]  I paid you.
[01:24:52.080 --> 01:24:53.080]  They wouldn't do nothing.
[01:24:53.080 --> 01:24:57.080]  I said, okay, you're screwing with the wrong guy.
[01:24:57.080 --> 01:24:58.080]  I go into federal court.
[01:24:58.080 --> 01:25:01.080]  You're thinking it's up for me to go into local court?
[01:25:01.080 --> 01:25:02.080]  Yeah.
[01:25:02.080 --> 01:25:03.080]  I go.
[01:25:03.080 --> 01:25:05.080]  I go down $65 to file the complaint,
[01:25:05.080 --> 01:25:10.080]  $65 to pay the process server up in Denver at their headquarters.
[01:25:10.080 --> 01:25:11.080]  They get served.
[01:25:11.080 --> 01:25:13.080]  The next day they're on the phone to me.
[01:25:13.080 --> 01:25:14.080]  Yeah.
[01:25:14.080 --> 01:25:17.080]  Look, if you dismiss the case with prejudice,
[01:25:17.080 --> 01:25:23.080]  we'll give you your money back and pay the court costs and the processor.
[01:25:23.080 --> 01:25:27.080]  I says, well, you know, that's fine, but I don't understand you people.
[01:25:27.080 --> 01:25:29.080]  I says it was a refund.
[01:25:29.080 --> 01:25:32.080]  What the heck is the problem?
[01:25:32.080 --> 01:25:35.080]  You know what their answer was to me?
[01:25:35.080 --> 01:25:36.080]  What?
[01:25:36.080 --> 01:25:41.080]  We don't have anything in the system to make that happen.
[01:25:41.080 --> 01:25:43.080]  Oh, please.
[01:25:43.080 --> 01:25:47.080]  It was a $52 refund.
[01:25:47.080 --> 01:25:49.080]  It cost them $184.
[01:25:49.080 --> 01:25:54.080]  I got the check a couple of days later from them, and then I dismissed the case.
[01:25:54.080 --> 01:25:56.080]  You go figure that out.
[01:25:56.080 --> 01:25:59.080]  It's all over money, but you've got to put them in the corner.
[01:25:59.080 --> 01:26:04.080]  Now, if you file in your local court, they're going to have to hire an attorney maybe,
[01:26:04.080 --> 01:26:08.080]  or they're going to have to have somebody come down to that local court to represent them.
[01:26:08.080 --> 01:26:13.080]  Well, would there be some sort of statute of limitations on me being able to do that,
[01:26:13.080 --> 01:26:15.080]  because it was like two, three years ago.
[01:26:15.080 --> 01:26:18.080]  I can't remember which year, because I have this same gathering every year,
[01:26:18.080 --> 01:26:21.080]  and I just don't remember which year it was that it occurred.
[01:26:21.080 --> 01:26:24.080]  On this thing, I think you would have seven years to chase it.
[01:26:24.080 --> 01:26:25.080]  Okay.
[01:26:25.080 --> 01:26:27.080]  Okay.
[01:26:27.080 --> 01:26:28.080]  And you know what?
[01:26:28.080 --> 01:26:29.080]  You go in before that judge.
[01:26:29.080 --> 01:26:31.080]  You tell the judge what happened.
[01:26:31.080 --> 01:26:34.080]  The judge is going to be sitting there shaking his head.
[01:26:34.080 --> 01:26:36.080]  $40, what the hell are these guys doing?
[01:26:36.080 --> 01:26:38.080]  Why won't they cooperate?
[01:26:38.080 --> 01:26:42.080]  Yeah, and Carolyn, you probably should pull up your bank statement to show the exact date.
[01:26:42.080 --> 01:26:48.080]  I'll go back and have everybody that was here at my home just get me some sort of statement.
[01:26:48.080 --> 01:26:51.080]  I was there, and there was no way she was in Houston,
[01:26:51.080 --> 01:26:54.080]  which is three hours from here at this particular time of day.
[01:26:54.080 --> 01:26:56.080]  I'm in the kitchen cooking.
[01:26:56.080 --> 01:27:01.080]  If you want to make it simpler, if you want to be a nice guy,
[01:27:01.080 --> 01:27:06.080]  just send them a letter with the complaint all made out.
[01:27:06.080 --> 01:27:09.080]  You're going to have to go get a form.
[01:27:09.080 --> 01:27:10.080]  I don't.
[01:27:10.080 --> 01:27:12.080]  I make my own complaints, but if you've never done this...
[01:27:12.080 --> 01:27:15.080]  I think I can arrange a complaint around here.
[01:27:15.080 --> 01:27:21.080]  You can pick up the papers at your local district court in the county you live in,
[01:27:21.080 --> 01:27:24.080]  and you can fill out the forms.
[01:27:24.080 --> 01:27:29.080]  Before you turn them into the court, just put a notice of pending lawsuit on the front of it,
[01:27:29.080 --> 01:27:31.080]  and send it to them and tell them, look, you've got 10 days.
[01:27:31.080 --> 01:27:35.080]  If I don't get my $41 back, I'm going to take you into court.
[01:27:35.080 --> 01:27:37.080]  We'll let the judge decide.
[01:27:37.080 --> 01:27:39.080]  Okay, cool.
[01:27:39.080 --> 01:27:47.080]  See, you're dealing with clerks who are trained to say things,
[01:27:47.080 --> 01:27:51.080]  to keep customers at bay and all this stuff.
[01:27:51.080 --> 01:27:54.080]  What this will do, this will move it up the ladder to someone in their legal group
[01:27:54.080 --> 01:27:58.080]  who can make a freaking decision and say, hey, $41, we're not going to wind up
[01:27:58.080 --> 01:28:02.080]  spending $2,000 or $3,000 to send on this thing.
[01:28:02.080 --> 01:28:04.080]  Just give the woman her money back.
[01:28:04.080 --> 01:28:06.080]  That's what you need to have happen.
[01:28:06.080 --> 01:28:07.080]  Okay.
[01:28:07.080 --> 01:28:08.080]  Okay?
[01:28:08.080 --> 01:28:09.080]  Okay.
[01:28:09.080 --> 01:28:10.080]  Thank you so much.
[01:28:10.080 --> 01:28:13.080]  They don't pay any attention to you then, then go file it.
[01:28:13.080 --> 01:28:16.080]  Well, I'll tell you what, if they don't pay any attention to me then,
[01:28:16.080 --> 01:28:18.080]  the old nurse ratchet's going to come out.
[01:28:18.080 --> 01:28:19.080]  There you go.
[01:28:19.080 --> 01:28:23.080]  I'm a former nurse, so yeah, I think it's time for me to pull her back out.
[01:28:23.080 --> 01:28:24.080]  Good for you.
[01:28:24.080 --> 01:28:25.080]  Thanks.
[01:28:25.080 --> 01:28:26.080]  Bye.
[01:28:26.080 --> 01:28:28.080]  Good for you.
[01:28:28.080 --> 01:28:31.080]  Okay, we're going to continue on.
[01:28:31.080 --> 01:28:35.080]  We've got Mimi from Detroit is next.
[01:28:35.080 --> 01:28:36.080]  Mimi, thanks for calling in.
[01:28:36.080 --> 01:28:39.080]  What's your question for our guest?
[01:28:39.080 --> 01:28:40.080]  Well, greetings.
[01:28:40.080 --> 01:28:43.080]  I had just one question.
[01:28:43.080 --> 01:28:49.080]  The things that we're discussing tonight, the processes, the systems that we're in,
[01:28:49.080 --> 01:28:54.080]  I was just wondering who are these people that have instituted this
[01:28:54.080 --> 01:28:58.080]  and agree to this system that we're discussing?
[01:28:58.080 --> 01:28:59.080]  Who are these people?
[01:28:59.080 --> 01:29:04.080]  How do they get this type of authority?
[01:29:04.080 --> 01:29:10.080]  Well, there's the banks and the insurance companies.
[01:29:10.080 --> 01:29:14.080]  You know, I can get wrapping on banks for a long time
[01:29:14.080 --> 01:29:17.080]  and things I found out in the past few years and what I know,
[01:29:17.080 --> 01:29:23.080]  and it's the insurance companies that have the money in this country.
[01:29:23.080 --> 01:29:25.080]  The banks don't have any money.
[01:29:25.080 --> 01:29:27.080]  Now, you don't have to believe me.
[01:29:27.080 --> 01:29:29.080]  You're all out there saying, oh, this guy's nuts.
[01:29:29.080 --> 01:29:32.080]  I go down to the bank and, yeah, you go down to the bank and get your money,
[01:29:32.080 --> 01:29:33.080]  sure you do.
[01:29:33.080 --> 01:29:38.080]  I'm talking about the millions that's out there that they believe they have.
[01:29:38.080 --> 01:29:40.080]  Okay, listen, we're going to break.
[01:29:40.080 --> 01:29:42.080]  Mimi, does that answer your question?
[01:29:42.080 --> 01:29:43.080]  Yes, it does.
[01:29:43.080 --> 01:29:44.080]  Thank you.
[01:29:43.080 --> 01:29:44.080]  All right, thank you.
[01:29:44.080 --> 01:29:46.080]  All right, we will be right back.
[01:29:46.080 --> 01:29:50.080]  We've got Joe from New York, Ron from California, Randy from Texas.
[01:29:50.080 --> 01:29:54.080]  We're going to try to take all your calls before midnight.
[01:29:54.080 --> 01:30:00.080]  We'll be right back.
[01:30:00.080 --> 01:30:03.080]  Are you the plaintiff or defendant in a lawsuit?
[01:30:03.080 --> 01:30:07.080]  Win your case without an attorney with Jurisdictionary.
[01:30:07.080 --> 01:30:12.080]  It's an affordable, easy-to-understand 4-CD course that will show you how
[01:30:12.080 --> 01:30:15.080]  in 24 hours, step-by-step.
[01:30:15.080 --> 01:30:19.080]  If you have a lawyer, know what your lawyer should be doing.
[01:30:19.080 --> 01:30:23.080]  If you don't have a lawyer, know what you should do for yourself.
[01:30:23.080 --> 01:30:28.080]  Thousands have won with our step-by-step course, and now you can too.
[01:30:28.080 --> 01:30:31.080]  Jurisdictionary was created by a licensed attorney
[01:30:31.080 --> 01:30:34.080]  with 22 years of case-winning experience.
[01:30:34.080 --> 01:30:38.080]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:30:38.080 --> 01:30:43.080]  about the principles and practices that control our American courts.
[01:30:43.080 --> 01:30:47.080]  You'll receive our audio classroom, video seminar, tutorials,
[01:30:47.080 --> 01:30:52.080]  forms for civil cases, pro se tactics, and much more.
[01:30:52.080 --> 01:30:56.080]  Please visit ruleoflawradio.com and click on the banner
[01:30:56.080 --> 01:31:01.080]  or call toll-free, 866-LAW-EZ.
[01:31:01.080 --> 01:31:24.080]  All right.
[01:31:24.080 --> 01:31:29.080]  Tools of Ingenuity against these workers of iniquity.
[01:31:29.080 --> 01:31:32.080]  Perfect bumper song from my husband, Jerry Stevens, there.
[01:31:32.080 --> 01:31:36.080]  Got some Tools of Ingenuity right here from Mike Neerus,
[01:31:36.080 --> 01:31:39.080]  Eddie Craig, Randy Kelton.
[01:31:39.080 --> 01:31:41.080]  And speaking of the Tools of Ingenuity,
[01:31:41.080 --> 01:31:44.080]  okay, we've got a couple of questions here on Skype.
[01:31:44.080 --> 01:31:49.080]  Can you please give out the website again concerning where people can get
[01:31:49.080 --> 01:31:52.080]  these annual free credit reports?
[01:31:52.080 --> 01:31:57.080]  And also, can you give us a little synopsis of what is in your package,
[01:31:57.080 --> 01:31:59.080]  your product that you sell to help people?
[01:31:59.080 --> 01:32:01.080]  I sure can.
[01:32:01.080 --> 01:32:09.080]  And the first thing, it's called freeannualcreditreport.com.
[01:32:09.080 --> 01:32:12.080]  Freeannualcreditreport.com, it's called.
[01:32:12.080 --> 01:32:15.080]  All right, freeannualcreditreport.com.
[01:32:15.080 --> 01:32:17.080]  That's pretty easy to remember.
[01:32:17.080 --> 01:32:20.080]  All right, so give us a synopsis of what is in your package,
[01:32:20.080 --> 01:32:25.080]  and can people get that in email and or on CD?
[01:32:25.080 --> 01:32:27.080]  Just give us an overview.
[01:32:27.080 --> 01:32:28.080]  Sure can.
[01:32:28.080 --> 01:32:31.080]  The disc is written in simple, plain English.
[01:32:31.080 --> 01:32:32.080]  It's not fancy.
[01:32:32.080 --> 01:32:36.080]  It's not butterfly-y, none of this kind of stuff.
[01:32:36.080 --> 01:32:38.080]  I don't do that kind of stuff.
[01:32:38.080 --> 01:32:44.080]  To the point, it speaks in very basic, easy-to-understand English.
[01:32:44.080 --> 01:32:46.080]  It's done as a Word document.
[01:32:46.080 --> 01:32:48.080]  There's no movies in there.
[01:32:48.080 --> 01:32:55.080]  The only thing you have to be able to do is be able to read the English language.
[01:32:55.080 --> 01:32:57.080]  That's it.
[01:32:57.080 --> 01:33:01.080]  When you look in there, it takes you step by step.
[01:33:01.080 --> 01:33:09.080]  This particular disc is how to stop debt collectors is the name of it.
[01:33:09.080 --> 01:33:12.080]  It will talk about you getting the phone calls.
[01:33:12.080 --> 01:33:15.080]  It will talk about you getting the letters.
[01:33:15.080 --> 01:33:16.080]  What do I do?
[01:33:16.080 --> 01:33:18.080]  What do I do when they call?
[01:33:18.080 --> 01:33:19.080]  How do I handle that?
[01:33:19.080 --> 01:33:21.080]  It goes into all that.
[01:33:21.080 --> 01:33:24.080]  It goes in, you heard the gentleman from Wisconsin.
[01:33:24.080 --> 01:33:29.080]  He's got a tape recorder right by his phone now.
[01:33:29.080 --> 01:33:34.080]  Well, the purpose of that is you don't plan to use that in the courtroom.
[01:33:34.080 --> 01:33:35.080]  They won't let you bring it in.
[01:33:35.080 --> 01:33:36.080]  They'll object to it.
[01:33:36.080 --> 01:33:41.080]  The court will not allow you to bring a recording device in to play back
[01:33:41.080 --> 01:33:43.080]  a conversation you had.
[01:33:43.080 --> 01:33:49.080]  However, the point of the recording is that you record these conversations
[01:33:49.080 --> 01:33:54.080]  so that you can write a ledger, so that you can write a notebook,
[01:33:54.080 --> 01:33:58.080]  whatever you want to call it, and put everything down verbatim.
[01:33:58.080 --> 01:34:02.080]  That you can submit to a court as proof of contact,
[01:34:02.080 --> 01:34:06.080]  and the laws they broke when they contacted you, the date, the time,
[01:34:06.080 --> 01:34:09.080]  the name of the person, et cetera.
[01:34:09.080 --> 01:34:12.080]  You heard the guy talk about that.
[01:34:12.080 --> 01:34:16.080]  There's 18 questions in there when they call you up.
[01:34:16.080 --> 01:34:20.080]  People won't answer their phone because they don't know what to say to these guys.
[01:34:20.080 --> 01:34:24.080]  They let these guys take over the conversation.
[01:34:24.080 --> 01:34:28.080]  The 18 questions will stop these guys.
[01:34:28.080 --> 01:34:32.080]  Just like he said, I got the 18th question and I hung up on them,
[01:34:32.080 --> 01:34:34.080]  and they called me back right away.
[01:34:34.080 --> 01:34:36.080]  They forget to give me the mini Miranda warning.
[01:34:36.080 --> 01:34:38.080]  This is an attempt to collect the debt.
[01:34:38.080 --> 01:34:40.080]  Violation again.
[01:34:40.080 --> 01:34:42.080]  Just walk you through all this stuff.
[01:34:42.080 --> 01:34:44.080]  It's all there in black and white.
[01:34:44.080 --> 01:34:46.080]  There's also how to proceed.
[01:34:46.080 --> 01:34:49.080]  What do I do now that they've contacted me,
[01:34:49.080 --> 01:34:53.080]  or if they've contacted me six months ago and I haven't done anything,
[01:34:53.080 --> 01:34:54.080]  what do I do?
[01:34:54.080 --> 01:34:57.080]  Here's the validation letter you sent out.
[01:34:57.080 --> 01:34:59.080]  Here's the dispute letter you can send out.
[01:34:59.080 --> 01:35:01.080]  These are things you must do.
[01:35:01.080 --> 01:35:02.080]  How to do that.
[01:35:02.080 --> 01:35:04.080]  Then what happens after that?
[01:35:04.080 --> 01:35:05.080]  What do you do next?
[01:35:05.080 --> 01:35:07.080]  Okay, you prepare your lawsuit.
[01:35:07.080 --> 01:35:10.080]  You prepare your notice of pending lawsuit.
[01:35:10.080 --> 01:35:11.080]  You send that to them.
[01:35:11.080 --> 01:35:16.080]  It goes over what the charges are, what the violations are.
[01:35:16.080 --> 01:35:26.080]  I give some references on the disk to obtaining your Fair Credit Reporting Act law on the FTC site,
[01:35:26.080 --> 01:35:30.080]  the Debt Collection Practices law on the FTC site.
[01:35:30.080 --> 01:35:36.080]  That's the first thing I tell people to do is go get copies of those two laws,
[01:35:36.080 --> 01:35:42.080]  print them out, take an hour out of your day, out of your time, and read them.
[01:35:42.080 --> 01:35:49.080]  All right, so basically this is like the jurisdiction area of how to deal with the debt collectors.
[01:35:49.080 --> 01:35:54.080]  Exactly, and what it does is this will take you up and into federal court.
[01:35:54.080 --> 01:35:58.080]  If you do have to file there, it gives you the instructions on what you're going to have to do,
[01:35:58.080 --> 01:36:03.080]  where you've got to go, what is required of you to file a case like this.
[01:36:03.080 --> 01:36:11.080]  I go into the improperness, which is people who are indigent, poor people who can't afford to pay the 350.
[01:36:11.080 --> 01:36:13.080]  It tells you how to file the form.
[01:36:13.080 --> 01:36:19.080]  It shows you the form in there, okay, and then it takes you up to 26F.
[01:36:19.080 --> 01:36:23.080]  If it goes to trial, okay, you're in a different situation,
[01:36:23.080 --> 01:36:28.080]  and that's where at that point you may want to get in touch with me as a consultation
[01:36:28.080 --> 01:36:32.080]  to start preparing the documents, and I have those readily at hand.
[01:36:32.080 --> 01:36:34.080]  There's nothing to it.
[01:36:34.080 --> 01:36:38.080]  But I can tell you right now, a lot of these cases, it's better than 50%.
[01:36:38.080 --> 01:36:40.080]  They don't want to go in that courtroom.
[01:36:40.080 --> 01:36:46.080]  They'll want to settle with you before they even got to answer the complaint.
[01:36:46.080 --> 01:36:47.080]  Excellent.
[01:36:47.080 --> 01:36:53.080]  So this is a steal for $150, I would say.
[01:36:53.080 --> 01:36:58.080]  I don't rely on this to make a living, okay.
[01:36:58.080 --> 01:37:03.080]  I have a regular job, as I mentioned before, you know, I'm an engineer by trade.
[01:37:03.080 --> 01:37:06.080]  I make a very good salary, I make a very good living, okay.
[01:37:06.080 --> 01:37:13.080]  I can't do it for free, okay, but I'm trying to keep the cost down to a minimal amount that people can afford to do this.
[01:37:13.080 --> 01:37:16.080]  But here's the upside to this whole thing.
[01:37:16.080 --> 01:37:23.080]  Once you learn this one time, it's the same thing every time.
[01:37:23.080 --> 01:37:28.080]  You're going to know after you do this once or twice with these guys how to do it.
[01:37:28.080 --> 01:37:35.080]  You're not going to need anybody because it's the same arguments, the same law breaking every time.
[01:37:35.080 --> 01:37:37.080]  I can't stress that enough.
[01:37:37.080 --> 01:37:40.080]  If they break the law, it's the same way every time.
[01:37:40.080 --> 01:37:44.080]  And folks, remember, a portion of the proceeds go to support Rule of Law Radio Network.
[01:37:44.080 --> 01:37:50.080]  So they'll solve your credit card problems and help keep us on the air at the same time.
[01:37:50.080 --> 01:37:51.080]  Okay, let's move on to the callers.
[01:37:51.080 --> 01:37:54.080]  We've got Joe from New York.
[01:37:54.080 --> 01:37:55.080]  Joe, thanks for calling in.
[01:37:55.080 --> 01:37:57.080]  What's your question for our guest?
[01:37:57.080 --> 01:37:58.080]  How are you doing, Deb?
[01:37:58.080 --> 01:38:00.080]  Doing pretty good.
[01:38:00.080 --> 01:38:01.080]  Good.
[01:38:01.080 --> 01:38:03.080]  Eddie, and who's that other guy, Randy?
[01:38:03.080 --> 01:38:06.080]  Who's that other guy?
[01:38:06.080 --> 01:38:08.080]  Oh, you mean Chump Randy.
[01:38:08.080 --> 01:38:09.080]  Go ahead, Joe.
[01:38:09.080 --> 01:38:11.080]  What's your question?
[01:38:11.080 --> 01:38:15.080]  Okay, it was just about credit card.
[01:38:15.080 --> 01:38:21.080]  I sent him a letter and I asked him for the contracts and what he said picture
[01:38:21.080 --> 01:38:30.080]  and notarized statement of the agent or officer of their bank that specifically describes all the terms
[01:38:30.080 --> 01:38:33.080]  and conditions he has required by law.
[01:38:33.080 --> 01:38:40.080]  Then I said I'm just doing this account until I have received the requested documentation.
[01:38:40.080 --> 01:38:47.080]  I asked them to only contact me through the mail, don't call me at home or work.
[01:38:47.080 --> 01:38:54.080]  They replied that they wouldn't call me at home or at work, and they've been calling me.
[01:38:54.080 --> 01:38:59.080]  I haven't been answering the phone, but I'm registering all of the documentation when they call.
[01:38:59.080 --> 01:39:01.080]  What day, what day?
[01:39:01.080 --> 01:39:04.080]  Well, that's construed as a limited cease and desist,
[01:39:04.080 --> 01:39:09.080]  and they're in violation of limited cease and desist, so that's a problem right there.
[01:39:09.080 --> 01:39:13.080]  I think you're giving them too much information personally.
[01:39:13.080 --> 01:39:15.080]  Just send a letter of dispute.
[01:39:15.080 --> 01:39:19.080]  You're in my credit report, however this is arriving, however they're arriving at this stuff,
[01:39:19.080 --> 01:39:23.080]  you're in my credit report, what is this about, period.
[01:39:23.080 --> 01:39:24.080]  This is a letter of dispute.
[01:39:24.080 --> 01:39:26.080]  You must put that on the letter.
[01:39:26.080 --> 01:39:30.080]  Somewhere is on the letter that this is a letter of dispute.
[01:39:30.080 --> 01:39:35.080]  When you do that, they are required by law to do things, and I'm guessing and I'm assuming
[01:39:35.080 --> 01:39:38.080]  and I think I'm right they're probably in your credit report.
[01:39:38.080 --> 01:39:41.080]  Okay, well I am disputing this account.
[01:39:41.080 --> 01:39:42.080]  Same thing, right?
[01:39:42.080 --> 01:39:44.080]  Right, right, exactly.
[01:39:44.080 --> 01:39:51.080]  And the point is, is that when you do that, there are things they must do and they don't do it.
[01:39:51.080 --> 01:39:58.080]  See, I become an SOB with this stuff because I know who I'm dealing with,
[01:39:58.080 --> 01:40:01.080]  and if you do this stuff long enough and you get all the insights
[01:40:01.080 --> 01:40:10.080]  and you listen to the Randy Kelton's of the world and to the Craig's of the world and everybody else,
[01:40:10.080 --> 01:40:15.080]  and you find out after a while that all this stuff is very true, I cop an attitude.
[01:40:15.080 --> 01:40:17.080]  I don't feel sorry for them.
[01:40:17.080 --> 01:40:21.080]  So here's my advice and I can't force you to do this.
[01:40:21.080 --> 01:40:23.080]  And I'm going to ask you one question.
[01:40:23.080 --> 01:40:28.080]  The documents they sent to you, they sent them to you certified mail?
[01:40:28.080 --> 01:40:29.080]  No.
[01:40:29.080 --> 01:40:32.080]  Oh, well they must have sent a FedEx.
[01:40:32.080 --> 01:40:34.080]  Nope.
[01:40:34.080 --> 01:40:35.080]  DHL?
[01:40:35.080 --> 01:40:37.080]  Just for the mail.
[01:40:37.080 --> 01:40:39.080]  So you didn't sign for anything?
[01:40:39.080 --> 01:40:41.080]  No.
[01:40:41.080 --> 01:40:43.080]  What documents?
[01:40:43.080 --> 01:40:45.080]  You didn't get anything.
[01:40:45.080 --> 01:40:46.080]  Oh, okay.
[01:40:46.080 --> 01:40:47.080]  What documents?
[01:40:47.080 --> 01:40:51.080]  Now wait a minute, Randy, didn't you tell me that the courts, the case law,
[01:40:51.080 --> 01:40:55.080]  upholds that the courts have upheld that they trust the mail?
[01:40:55.080 --> 01:40:59.080]  Yeah, they trust the mail but they don't trust the lawyer so the lawyer has to give them
[01:40:59.080 --> 01:41:02.080]  the registered mail number to prove he sent it.
[01:41:02.080 --> 01:41:04.080]  Ah, okay.
[01:41:04.080 --> 01:41:06.080]  And here's my argument to that.
[01:41:06.080 --> 01:41:12.080]  You go into that courtroom, I send everything certified mail, Your Honor.
[01:41:12.080 --> 01:41:16.080]  I have enough respect for the law to do that and apparently the defendant does not.
[01:41:16.080 --> 01:41:19.080]  Yes, and put the certified mail number on the letter.
[01:41:19.080 --> 01:41:27.080]  Go get yourself a little stack of the certified mail receipts, the green cards,
[01:41:27.080 --> 01:41:30.080]  and what you fill out and then you type it on the letter.
[01:41:30.080 --> 01:41:33.080]  With registered mail it's required.
[01:41:33.080 --> 01:41:39.080]  You have to do that with registered mail but with certified mail it's a good idea to do that as well.
[01:41:39.080 --> 01:41:46.080]  But you have to, my friend, become an SOB because you're realizing what you're dealing with
[01:41:46.080 --> 01:41:51.080]  and you can't get these people to the desk, to the table to talk.
[01:41:51.080 --> 01:41:53.080]  That's the problem.
[01:41:53.080 --> 01:41:56.080]  And you have to take care of yourself.
[01:41:56.080 --> 01:41:59.080]  I'm not advocating anybody not pay their bills.
[01:41:59.080 --> 01:42:00.080]  Far from it.
[01:42:00.080 --> 01:42:01.080]  I pay my bills every month.
[01:42:01.080 --> 01:42:02.080]  I have triple-A credit.
[01:42:02.080 --> 01:42:06.080]  I got more credit cards than I know what to do with, okay?
[01:42:06.080 --> 01:42:10.080]  But bad things happen to good people.
[01:42:10.080 --> 01:42:11.080]  People get sick.
[01:42:11.080 --> 01:42:13.080]  They lose a job.
[01:42:13.080 --> 01:42:17.080]  Illness in the family, whatever, okay?
[01:42:17.080 --> 01:42:22.080]  But you go to those guys and you tell them, hey, I can't make my payment this month.
[01:42:22.080 --> 01:42:24.080]  They say, we don't care.
[01:42:24.080 --> 01:42:27.080]  You either make your payment or, you know, we're going to turn over debt collector
[01:42:27.080 --> 01:42:32.080]  or we're going to close your account or we're going to reduce your line of credit, okay?
[01:42:32.080 --> 01:42:35.080]  Or raise your interest rates through the roof.
[01:42:35.080 --> 01:42:36.080]  There you go.
[01:42:36.080 --> 01:42:38.080]  And they don't care.
[01:42:38.080 --> 01:42:42.080]  So now you're asking me to care, okay?
[01:42:42.080 --> 01:42:44.080]  I don't care about them.
[01:42:44.080 --> 01:42:46.080]  That's not the way they act.
[01:42:46.080 --> 01:42:54.080]  And not to get off subject a little bit, but, you know, 50 years ago, if you wanted to go buy a house,
[01:42:54.080 --> 01:42:59.080]  you went down to the local bank, you knew everybody in town and everybody knew you,
[01:42:59.080 --> 01:43:02.080]  and you went to the local banker and you borrowed the money
[01:43:02.080 --> 01:43:06.080]  and you borrowed it from the local bank and they bought you your house.
[01:43:06.080 --> 01:43:10.080]  A year or two goes by, you get sick, you can't make the payments.
[01:43:10.080 --> 01:43:15.080]  You went down and you saw the local banker and say, hey, Jim, you know, I just lost my job.
[01:43:15.080 --> 01:43:16.080]  I'm sick.
[01:43:16.080 --> 01:43:17.080]  I've got to go have an operation.
[01:43:17.080 --> 01:43:19.080]  I'm going to have a hard time making my payments.
[01:43:19.080 --> 01:43:20.080]  Well, we can work something out.
[01:43:20.080 --> 01:43:23.080]  We'll either move the payments to the end of the note
[01:43:23.080 --> 01:43:27.080]  or maybe you just think you can pay the 50 bucks a month interest.
[01:43:27.080 --> 01:43:30.080]  You can't do that anymore.
[01:43:30.080 --> 01:43:32.080]  They will just kind of say, well, we're going to foreclose.
[01:43:32.080 --> 01:43:33.080]  We want our money.
[01:43:33.080 --> 01:43:39.080]  You can't do that anymore because you're dealing with an electronic system that doesn't give a darn.
[01:43:39.080 --> 01:43:41.080]  And they're banksters anyway.
[01:43:41.080 --> 01:43:44.080]  Okay, Joe, did you get your question answered or do you need to stay on?
[01:43:44.080 --> 01:43:45.080]  Yeah, I need to stay on.
[01:43:45.080 --> 01:43:46.080]  Okay, great.
[01:43:46.080 --> 01:43:47.080]  Stay on the line.
[01:43:47.080 --> 01:43:50.080]  We've also got Ron from California and Randy from Texas.
[01:43:50.080 --> 01:43:52.080]  We're going to try to take all of you all before midnight.
[01:43:52.080 --> 01:43:55.080]  If not, we'll go into a little bit of overtime.
[01:43:55.080 --> 01:44:06.080]  We'll be right back.
[01:44:06.080 --> 01:44:13.080]  Aerial spraying, chemtrails, the modified atmosphere, heavy metals and pesticides,
[01:44:13.080 --> 01:44:18.080]  carcinogens and chemical fibers all falling from the sky.
[01:44:18.080 --> 01:44:21.080]  You have a choice to keep your body clean.
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[01:44:48.080 --> 01:45:07.080]  Visit hempusa.org or call 908-691-2608 today.
[01:45:18.080 --> 01:45:25.080]  Okay, we are back.
[01:45:25.080 --> 01:45:29.080]  We are speaking with Mike Maris, very special guest, Joe from New York.
[01:45:29.080 --> 01:45:31.080]  Okay, go ahead, Joe.
[01:45:31.080 --> 01:45:34.080]  Yeah, can I just read this letter to you?
[01:45:34.080 --> 01:45:35.080]  Sure.
[01:45:35.080 --> 01:45:40.080]  Writing this in response to your correspondence requesting validation of your debt.
[01:45:40.080 --> 01:45:45.080]  Our investigation indicates your account was opened and so-and-so.
[01:45:45.080 --> 01:45:51.080]  You or someone authorized by you used the account to make purchases
[01:45:51.080 --> 01:45:56.080]  without disputing the availability of the charges.
[01:45:56.080 --> 01:46:01.080]  Your continued use of the account without objection binds you to the terms of the card
[01:46:01.080 --> 01:46:07.080]  and agreement and subsequent changes in terms notice sent to you.
[01:46:07.080 --> 01:46:09.080]  And this one gets me.
[01:46:09.080 --> 01:46:15.080]  We are not required by either the Truth in Lending Act or Regulation Z to audit your account
[01:46:15.080 --> 01:46:21.080]  or produce the documentation you are requesting.
[01:46:21.080 --> 01:46:25.080]  Okay, so what's their point?
[01:46:25.080 --> 01:46:30.080]  That's what I'm wondering.
[01:46:30.080 --> 01:46:32.080]  Okay, I would just totally ignore that.
[01:46:32.080 --> 01:46:35.080]  I would go to my credit report if the account is in default
[01:46:35.080 --> 01:46:40.080]  or if they're selling late charges or anything like that, I would just dispute it,
[01:46:40.080 --> 01:46:44.080]  get them to screw up, go after them for the violations,
[01:46:44.080 --> 01:46:48.080]  and then send them the notice of pending lawsuit, tell me what you want to do.
[01:46:48.080 --> 01:46:53.080]  Are we talking a large amount of money here?
[01:46:53.080 --> 01:46:56.080]  Right now, probably about $17,000.
[01:46:56.080 --> 01:46:59.080]  Okay, so it's not a large amount of money, okay?
[01:46:59.080 --> 01:47:04.080]  I would build my case based on violations of fair credit.
[01:47:04.080 --> 01:47:08.080]  They haven't turned it over to a debt collector yet, right?
[01:47:08.080 --> 01:47:09.080]  No.
[01:47:09.080 --> 01:47:10.080]  No.
[01:47:10.080 --> 01:47:11.080]  So I go in my credit report.
[01:47:11.080 --> 01:47:14.080]  I start challenging them on what they're doing in my credit report
[01:47:14.080 --> 01:47:18.080]  because if the account is in default, you can challenge that.
[01:47:18.080 --> 01:47:22.080]  You can ask them to explain what this is all about.
[01:47:22.080 --> 01:47:26.080]  And if they don't do the proper things like marking the account in dispute,
[01:47:26.080 --> 01:47:29.080]  et cetera, et cetera, that's your cause of action.
[01:47:29.080 --> 01:47:30.080]  Okay.
[01:47:30.080 --> 01:47:35.080]  That's simple.
[01:47:35.080 --> 01:47:36.080]  Okay.
[01:47:36.080 --> 01:47:37.080]  Thank you very much.
[01:47:37.080 --> 01:47:38.080]  All right.
[01:47:38.080 --> 01:47:39.080]  Wait a minute.
[01:47:39.080 --> 01:47:40.080]  Wait a minute.
[01:47:40.080 --> 01:47:41.080]  Where abouts in New York are you?
[01:47:41.080 --> 01:47:42.080]  What town?
[01:47:42.080 --> 01:47:43.080]  Buffalo.
[01:47:43.080 --> 01:47:44.080]  Buffalo.
[01:47:44.080 --> 01:47:50.080]  I have a good friend up there I work with who did this several years ago.
[01:47:50.080 --> 01:47:51.080]  He's a clean man now.
[01:47:51.080 --> 01:47:52.080]  They're giving him all kinds of credit.
[01:47:52.080 --> 01:47:54.080]  He's got a little piece of property up there.
[01:47:54.080 --> 01:47:55.080]  He lives out there.
[01:47:55.080 --> 01:47:57.080]  I'm originally from Poughkeepsie.
[01:47:57.080 --> 01:47:58.080]  Oh, yeah.
[01:47:58.080 --> 01:48:01.080]  Okay.
[01:48:01.080 --> 01:48:03.080]  New York boys were right.
[01:48:03.080 --> 01:48:04.080]  Talk to you later.
[01:48:04.080 --> 01:48:05.080]  Okay.
[01:48:05.080 --> 01:48:06.080]  Thank you.
[01:48:06.080 --> 01:48:07.080]  Bye.
[01:48:07.080 --> 01:48:08.080]  Get through.
[01:48:08.080 --> 01:48:09.080]  Okay.
[01:48:09.080 --> 01:48:10.080]  Wonderful.
[01:48:10.080 --> 01:48:11.080]  Okay.
[01:48:11.080 --> 01:48:14.080]  We're going to go now to Ron in California.
[01:48:14.080 --> 01:48:15.080]  Hi, Mike.
[01:48:15.080 --> 01:48:16.080]  Hey, Ron.
[01:48:16.080 --> 01:48:19.080]  What's your question for Mike?
[01:48:19.080 --> 01:48:25.080]  I have a situation with a third-party debt collector.
[01:48:25.080 --> 01:48:29.080]  I've written three letters, and can I read you the letter?
[01:48:29.080 --> 01:48:30.080]  Sure.
[01:48:30.080 --> 01:48:39.080]  I have received your request for validation of the above account, the Federal Trade Commission,
[01:48:39.080 --> 01:48:46.080]  and the courts have interpreted validation as used in the Fair Debt Collection Practices Act
[01:48:46.080 --> 01:48:55.080]  as the FDECPA requires that a collection agency ceases collection activity until it provides
[01:48:55.080 --> 01:48:59.080]  verification of a debt upon written request during the validation period.
[01:48:59.080 --> 01:49:08.080]  The FDC in it, its official commentary to the DCPA states that validation is intended
[01:49:08.080 --> 01:49:14.080]  to assist the consumer when a debt collector inadvertently contacts the wrong consumer
[01:49:14.080 --> 01:49:26.080]  at the start of collection efforts, 53 Fedreg.50109 in bracket December 13, 1998.
[01:49:26.080 --> 01:49:32.080]  The courts have adopted a similar interpretation stating verification of a debt involves nothing
[01:49:32.080 --> 01:49:36.080]  more than the debt collector confirming in writing that the amount being demanded is
[01:49:36.080 --> 01:49:40.080]  what the creditor is claiming is owed.
[01:49:40.080 --> 01:49:46.080]  The debt collector is not required to keep detailed files of the alleged debt consistent
[01:49:46.080 --> 01:49:48.080]  with the legislative history.
[01:49:48.080 --> 01:49:54.080]  Verification is only intended to eliminate the problem of debt collectors dunning the
[01:49:54.080 --> 01:50:00.080]  wrong person or attempting to collect debts which the consumer has already paid.
[01:50:00.080 --> 01:50:05.080]  Our records show that after receiving your initial request for validation,
[01:50:05.080 --> 01:50:10.080]  we mailed you a copy of the original citation.
[01:50:10.080 --> 01:50:16.080]  That citation contained information showing the proper procedure for appealing the citation
[01:50:16.080 --> 01:50:22.080]  and it signed Dane Director of Operations.
[01:50:22.080 --> 01:50:27.080]  Now would you like me to read the letter that I wrote to them?
[01:50:27.080 --> 01:50:28.080]  Yes.
[01:50:28.080 --> 01:50:31.080]  One question I have, what citation are they talking about?
[01:50:31.080 --> 01:50:34.080]  This is a citation from the city.
[01:50:34.080 --> 01:50:37.080]  Let me read you this letter, maybe it will make it clearer.
[01:50:37.080 --> 01:50:42.080]  This is Credit Consulting Services, Inc., which I believe...
[01:50:42.080 --> 01:50:45.080]  Are you familiar with these guys?
[01:50:45.080 --> 01:50:47.080]  I know who they are, sure.
[01:50:47.080 --> 01:50:50.080]  They are out of Michigan, aren't they?
[01:50:50.080 --> 01:50:53.080]  Yes, Credit Consulting Services.
[01:50:53.080 --> 01:50:59.080]  This is a timely response to your letter of 924 and receive the 926.09.
[01:50:59.080 --> 01:51:02.080]  Who are you making a claim on alleged debt?
[01:51:02.080 --> 01:51:07.080]  You have received validation in writing and certified proof under penalty of perjury for alleged debt.
[01:51:07.080 --> 01:51:12.080]  Why have you not provided any certified documents in writing for alleged debt?
[01:51:12.080 --> 01:51:18.080]  You received notice from the Assistant City Attorney of Santa Clara that this alleged debt was being disputed
[01:51:18.080 --> 01:51:24.080]  and that to date there have been no responses for validation of an alleged debt owing.
[01:51:24.080 --> 01:51:29.080]  If you have purchased this alleged debt, provide a copy of the amount you paid in writing.
[01:51:29.080 --> 01:51:34.080]  This is a contract and if yes, please provide a certified copy of contract for alleged debt.
[01:51:34.080 --> 01:51:38.080]  You have first-hand knowledge of this alleged debt you are claiming owed.
[01:51:38.080 --> 01:51:43.080]  I deny any financial claims attached to me for this alleged debt provided in writing the above information
[01:51:43.080 --> 01:51:48.080]  that has been requested only certified writing with the proper juror at attached
[01:51:48.080 --> 01:51:51.080]  and closes a copy of your alleged claim.
[01:51:51.080 --> 01:52:00.080]  Now I sent three copies or responses back with this very same language that you are seeing
[01:52:00.080 --> 01:52:05.080]  and I just sent the third notice on the 7th of this month and it said,
[01:52:05.080 --> 01:52:12.080]  the third notice for validation, no response has been received for the inquiries above in this letter.
[01:52:12.080 --> 01:52:18.080]  FDCPA requires you to answer a request for information on any account, protested or disputed,
[01:52:18.080 --> 01:52:23.080]  as your magic word disputed.
[01:52:23.080 --> 01:52:25.080]  Okay, a couple of comments.
[01:52:25.080 --> 01:52:31.080]  Number one, and if it's not too personal, what is this about?
[01:52:31.080 --> 01:52:33.080]  Is it a traffic ticket?
[01:52:33.080 --> 01:52:38.080]  No, this is about cutting branches on a city tree allegedly.
[01:52:38.080 --> 01:52:43.080]  You cut some branches on a city tree and now they are sending you a bill for it.
[01:52:43.080 --> 01:52:46.080]  The tree cops.
[01:52:46.080 --> 01:52:48.080]  What the hell?
[01:52:48.080 --> 01:52:50.080]  This is incredible.
[01:52:50.080 --> 01:52:51.080]  This country is incredible.
[01:52:51.080 --> 01:52:52.080]  Wait a minute.
[01:52:52.080 --> 01:52:54.080]  Did you give the tree a hug first?
[01:52:54.080 --> 01:52:55.080]  Yeah.
[01:52:55.080 --> 01:52:56.080]  You know what?
[01:52:56.080 --> 01:53:04.080]  They should be paying you for doing contract work for them, trimming their trees.
[01:53:04.080 --> 01:53:06.080]  Now here's the other part of it.
[01:53:06.080 --> 01:53:14.080]  Nobody has offered to reimburse 53 years of watering the tree or fertilizing the tree
[01:53:14.080 --> 01:53:22.080]  or taking care of it, nor have they acknowledged the fact that this is a magnolia which has roots from hell
[01:53:22.080 --> 01:53:29.080]  and it likes to tear up sidewalks and plant boxes and part of the porch and it's destroyed the driveway.
[01:53:29.080 --> 01:53:32.080]  Yeah, yeah, yeah.
[01:53:32.080 --> 01:53:37.080]  It sounds to me like there's a lot of people out there who got too much hand time on their hands.
[01:53:37.080 --> 01:53:38.080]  Yeah.
[01:53:38.080 --> 01:53:39.080]  Okay?
[01:53:39.080 --> 01:53:40.080]  Yeah.
[01:53:40.080 --> 01:53:44.080]  Let me ask the $1,000 question here, how much money are we talking?
[01:53:44.080 --> 01:53:49.080]  They want $1,167 to date now with interest.
[01:53:49.080 --> 01:53:50.080]  Okay.
[01:53:50.080 --> 01:53:52.080]  Here's my comment.
[01:53:52.080 --> 01:53:55.080]  I think you're jousting with them too much.
[01:53:55.080 --> 01:53:56.080]  Okay.
[01:53:56.080 --> 01:53:57.080]  Back and forth.
[01:53:57.080 --> 01:53:58.080]  Okay.
[01:53:58.080 --> 01:54:02.080]  The first letter they sent you, they didn't provide proof of the alleged debt.
[01:54:02.080 --> 01:54:04.080]  They need to cease collection.
[01:54:04.080 --> 01:54:14.080]  The second letter they sent you, if it wasn't unasked for, okay, unsolicited is the word I'm looking for.
[01:54:14.080 --> 01:54:15.080]  Okay.
[01:54:15.080 --> 01:54:18.080]  And they sent that continued collection activity.
[01:54:18.080 --> 01:54:21.080]  They're not in your credit report yet, are they?
[01:54:21.080 --> 01:54:22.080]  Okay.
[01:54:22.080 --> 01:54:25.080]  The last time that I checked a month ago, no, they were not.
[01:54:25.080 --> 01:54:32.080]  They had threatened that if, you know, they were saying you have 30 days to contact them
[01:54:32.080 --> 01:54:35.080]  that, you know, the matter's squared away from money and all the rest of that nonsense.
[01:54:35.080 --> 01:54:38.080]  And I don't have the letter in front of me.
[01:54:38.080 --> 01:54:44.080]  So I immediately answered it, and then I answered it with request number two and then request number three,
[01:54:44.080 --> 01:54:47.080]  which I just sent out.
[01:54:47.080 --> 01:54:48.080]  Yeah.
[01:54:48.080 --> 01:54:49.080]  I understand.
[01:54:49.080 --> 01:54:54.080]  And here's the thing.
[01:54:54.080 --> 01:54:57.080]  I mean, you could go after them for continued collection activity.
[01:54:57.080 --> 01:55:02.080]  That's $1,000 plus your damages and time and all that kind of stuff.
[01:55:02.080 --> 01:55:03.080]  You can do all that, okay?
[01:55:03.080 --> 01:55:04.080]  Okay.
[01:55:04.080 --> 01:55:08.080]  If they're going to get your credit report, you can make a lot more money.
[01:55:08.080 --> 01:55:14.080]  And you can intimidate them more because if they go in your credit report,
[01:55:14.080 --> 01:55:17.080]  you're going to send them a letter of dispute, you know, and see what they say,
[01:55:17.080 --> 01:55:19.080]  see if they mark the account in dispute.
[01:55:19.080 --> 01:55:20.080]  You set them up.
[01:55:20.080 --> 01:55:22.080]  You set them up because they don't follow the rules.
[01:55:22.080 --> 01:55:25.080]  They don't have to follow the rules, you see.
[01:55:25.080 --> 01:55:30.080]  They don't have to follow the rules because they're major corporations with millions
[01:55:30.080 --> 01:55:34.080]  and billions of dollars behind them, and you're nothing but a little consumer.
[01:55:34.080 --> 01:55:36.080]  Yeah, I'm a little speck of a fly what?
[01:55:36.080 --> 01:55:37.080]  You know what?
[01:55:37.080 --> 01:55:39.080]  Exactly, okay?
[01:55:39.080 --> 01:55:42.080]  But they don't have to follow the rules, but you do, okay?
[01:55:42.080 --> 01:55:47.080]  Everything is one-sided, and that's my problem with this whole situation.
[01:55:47.080 --> 01:55:51.080]  It's their way or no way, okay?
[01:55:51.080 --> 01:55:55.080]  So you've got to become an SOB, okay?
[01:55:55.080 --> 01:55:57.080]  And, you know, let's go into court.
[01:55:57.080 --> 01:55:59.080]  They're in Michigan.
[01:55:59.080 --> 01:56:04.080]  They're going to have to hire an attorney out in California to represent them.
[01:56:04.080 --> 01:56:08.080]  Their office is out of Salinas, which is about 40 miles away,
[01:56:08.080 --> 01:56:11.080]  but the original letter referenced the Michigan address.
[01:56:11.080 --> 01:56:14.080]  That's the reason why I mention that to you.
[01:56:14.080 --> 01:56:21.080]  Well, I would serve and say if I serve the letter of notice of pending lawsuit on them,
[01:56:21.080 --> 01:56:23.080]  I send everything right to their corporate headquarters.
[01:56:23.080 --> 01:56:24.080]  Okay.
[01:56:24.080 --> 01:56:28.080]  And let somebody up at their corporate headquarters call that office in Salinas
[01:56:28.080 --> 01:56:31.080]  and say, you know what, just turn that back to the city,
[01:56:31.080 --> 01:56:34.080]  and we're going to tell this guy we don't want to proceed,
[01:56:34.080 --> 01:56:37.080]  and let's see what happens then, okay?
[01:56:37.080 --> 01:56:46.080]  So what you're suggesting is to notice them of a pending lawsuit in federal court?
[01:56:46.080 --> 01:56:49.080]  Yeah, because they're doing continued collection activity
[01:56:49.080 --> 01:56:54.080]  without providing proof of any alleged account or death, okay?
[01:56:54.080 --> 01:56:55.080]  They didn't cease.
[01:56:55.080 --> 01:56:57.080]  They're continued collecting.
[01:56:57.080 --> 01:57:02.080]  They keep sending you letters to pay, and they haven't proven anything.
[01:57:02.080 --> 01:57:07.080]  And also, as Randy said earlier, notice to the agent is notice to the principal.
[01:57:07.080 --> 01:57:09.080]  There you go.
[01:57:09.080 --> 01:57:12.080]  And regardless, all right, so they're 40 miles away.
[01:57:12.080 --> 01:57:15.080]  They're still going to have to hire an attorney in that federal court,
[01:57:15.080 --> 01:57:18.080]  and I don't know what they get for lawyers out in California,
[01:57:18.080 --> 01:57:22.080]  but 500 plus, I'm sure it wouldn't be an unreasonable number, an hour,
[01:57:22.080 --> 01:57:26.080]  and now it's going to go from $1,100.
[01:57:26.080 --> 01:57:30.080]  It's going to cost them $5,000 to get the attorney for about 10 hours of his time,
[01:57:30.080 --> 01:57:34.080]  and then you go in that courtroom, and you know what?
[01:57:34.080 --> 01:57:38.080]  I think if people heard this case and what it was about,
[01:57:38.080 --> 01:57:41.080]  they would laugh those SOBs right out of the courtroom and say,
[01:57:41.080 --> 01:57:43.080]  get the heck out of here.
[01:57:43.080 --> 01:57:45.080]  You're wasting the court's time.
[01:57:45.080 --> 01:57:47.080]  You're wasting the people's money.
[01:57:47.080 --> 01:57:49.080]  Go find something better to do.
[01:57:49.080 --> 01:57:52.080]  God help us if I was on that jury.
[01:57:52.080 --> 01:57:54.080]  Well, then it's never going to get that far, is it?
[01:57:54.080 --> 01:57:56.080]  Oh, I don't think so.
[01:57:56.080 --> 01:57:57.080]  Unless you're...
[01:57:57.080 --> 01:57:59.080]  They're not going to want to spend that kind of money.
[01:57:59.080 --> 01:58:01.080]  Exactly, exactly.
[01:58:01.080 --> 01:58:06.080]  You just got to make enough trouble for them if they go away.
[01:58:06.080 --> 01:58:07.080]  Right.
[01:58:07.080 --> 01:58:10.080]  Okay, listen, Ron, do you have anything else?
[01:58:10.080 --> 01:58:12.080]  Yeah, I'll wait for us for the break.
[01:58:12.080 --> 01:58:14.080]  Okay, well, we're at the top of the hour.
[01:58:14.080 --> 01:58:15.080]  We're actually at the end of the show.
[01:58:15.080 --> 01:58:20.080]  We'll go into overtime mode for just a few minutes, maybe one more segment.
[01:58:20.080 --> 01:58:22.080]  We've got one more caller on the line, Randy.
[01:58:22.080 --> 01:58:25.080]  I'm going to turn off the phones.
[01:58:25.080 --> 01:58:26.080]  We're not going to take any more calls.
[01:58:26.080 --> 01:58:28.080]  We're going to finish up on the other side.
[01:58:28.080 --> 01:58:31.080]  We're going to go into a little overtime with Vaughn from California
[01:58:31.080 --> 01:58:36.080]  and Randy from Texas so that I can have a chance to finish the audio from the seminar.
[01:58:36.080 --> 01:58:38.080]  I'm close to being done.
[01:58:38.080 --> 01:58:45.080]  I should have it done by Monday so that folks can buy the seminar package,
[01:58:45.080 --> 01:58:49.080]  the traffic seminar, Eddie's traffic seminar, coming Monday.
[01:58:49.080 --> 01:58:54.080]  The video won't be ready, but the audio and the materials should be ready by Monday.
[01:58:54.080 --> 01:58:56.080]  So we'll be right back on the other side.
[01:58:56.080 --> 01:59:00.080]  Thanks, Debbie.
[01:59:00.080 --> 01:59:02.080]  This is Randall Kelton from Rule of Law Radio.
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