ROL_2015-11-06_16k_Hr1-2.timecode

[00:00.000 --> 00:07.760]  The following use flash is brought to you by the Lone Star Lowdown, providing your deli
[00:07.760 --> 00:15.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.320]  into the tides of the alternative.
[00:23.320 --> 00:28.920]  Markets for the 6th of November, 2015, opened up with gold at $1,089.05 an ounce, silver
[00:28.920 --> 00:35.120]  at $14.73 an ounce, Texas crude, $45.20 a barrel, and Bitcoin is currently sitting in
[00:35.120 --> 00:43.880]  about $370 U.S. currency.
[00:43.880 --> 00:49.520]  Today in history, Monday, November 6, 1989, U.S. Marshals in the FCC sees pirate radio
[00:49.520 --> 00:54.400]  station WJPL 91.9 FM in Brooklyn, New York.
[00:54.400 --> 01:02.560]  Even in the 1980s, WJPL was hosted by John Lightning.
[01:02.560 --> 01:07.360]  In recent news, the UN's new sixth emission gap report states that the promises, strategies,
[01:07.360 --> 01:12.040]  and projected cuts in emissions by the world's nations are a good start but fall short of
[01:12.040 --> 01:15.160]  what is needed to prevent global warming and climate change.
[01:15.160 --> 01:19.800]  They're saying that even if all the intended national determined contributions, the INDCs,
[01:19.800 --> 01:24.520]  are fully implemented, global temperatures will still rise around 3 degrees Celsius by
[01:24.520 --> 01:25.800]  2100.
[01:25.800 --> 01:27.680]  That's one degree more than the suggested limit.
[01:27.680 --> 01:31.920]  More than 150 countries have submitted their national climate change strategies which cover
[01:31.920 --> 01:35.240]  close to 90% of the world's emission contributors.
[01:35.240 --> 01:39.520]  The UN believes that zero net emissions could be achieved by offsetting the amount of carbon
[01:39.520 --> 01:43.520]  raised in the atmosphere through buying an equal to or greater amount of carbon credits
[01:43.520 --> 01:45.040]  to make up the difference.
[01:45.040 --> 01:49.460]  United Nations Environment Program, UNEP, says that the goal is to reach zero net emissions
[01:49.460 --> 01:57.360]  between 2060 and 2075.
[01:57.360 --> 02:00.760]  We're expecting the torrents meteor shower for the next two weeks.
[02:00.760 --> 02:04.520]  Planet Earth will be passing through the stream of meteoroids derived from common Enki which
[02:04.520 --> 02:08.640]  will appear to come from the constellation Taurus, hence the name the torrents.
[02:08.640 --> 02:12.520]  The debris of material Earth will be passing through is extensive and will last for several
[02:12.520 --> 02:13.520]  weeks.
[02:13.520 --> 02:15.560]  There is expected to be two separate showers.
[02:15.560 --> 02:19.840]  The south Taurus peak is on Thursday, November 5th and the north Taurus peak will be a week
[02:19.840 --> 02:21.840]  later on Thursday, November 12th.
[02:21.840 --> 02:23.920]  Both are expected to be visible all night.
[02:23.920 --> 02:28.280]  The south Taurus shower will appear to radiate from the southern Taurus constellation close
[02:28.280 --> 02:30.800]  to Omicron and Zetorai.
[02:30.800 --> 02:34.480]  The north Taurus will radiate from the Pleiades constellation, one of the brightest constellations
[02:34.480 --> 02:35.480]  in the sky.
[02:35.480 --> 02:39.240]  If you want to try to photograph them, leave your camera shutter open for at least 30 seconds
[02:39.240 --> 02:40.400]  at a time.
[02:40.400 --> 02:41.400]  Make many exposures.
[02:41.400 --> 02:51.680]  Most, of course, will be blanks, but you may get lucky and capture a torrent or two.
[02:51.680 --> 03:15.120]  This was your lowdown for November 6th, 2015.
[03:15.120 --> 03:44.880]  OK, howdy, howdy, this is Randy Kelton, we're here with La Radio on this November 6th, 2015
[03:44.880 --> 03:48.480]  for a welcome to our four-hour info marathon.
[03:48.480 --> 03:54.400]  We have the phone lines open, we'll keep them open all night, so if you have a question
[03:54.400 --> 04:02.520]  or a comment, give us a call at 512-646-1984.
[04:02.520 --> 04:08.080]  I'm going to start out talking about UCC, I talked about it last night, I generally
[04:08.080 --> 04:13.560]  do the same subject on Thursdays and Fridays.
[04:13.560 --> 04:21.360]  Every year, if you listen to my show for a while, we've had people from time to time
[04:21.360 --> 04:28.560]  who talk about the common law, and they generally group the common law with the Uniform Commercial
[04:28.560 --> 04:38.240]  Code, although for the most part, the people that come on the show promoting the common
[04:38.240 --> 04:45.600]  law, they don't know anything about the Uniform Commercial Code, and most of these people,
[04:45.600 --> 04:53.040]  I'm not sure what the deal is, but they talk about really great remedies.
[04:53.040 --> 04:58.040]  Problem is, is I've never ever been able to achieve remedy.
[04:58.040 --> 05:02.560]  Now I have people that claim they've achieved remedy, but when I try to get specification
[05:02.560 --> 05:12.120]  on their remedies they have achieved, I always get a lot of dodging and song and dance.
[05:12.120 --> 05:16.640]  Then there's Pastor Masset out of New York, I do a show on Monday night on Truth Radio
[05:16.640 --> 05:24.720]  with him, and he hosts a number of people, Winston Shroud and others, who use administrative
[05:24.720 --> 05:32.680]  processes and the Uniform Commercial Code.
[05:32.680 --> 05:38.520]  He brought something to me recently, he brought me a document that wasn't terribly well written,
[05:38.520 --> 05:47.160]  but there was a position the plaintiff took that I thought was interesting.
[05:47.160 --> 05:54.160]  The position he took was, this is my property.
[05:54.160 --> 05:56.720]  I own it.
[05:56.720 --> 06:01.240]  Someone is coming trying to take my property from me.
[06:01.240 --> 06:10.520]  So if you have a claim, bring your claim, and what he does is he sends an offer to Cure,
[06:10.520 --> 06:16.320]  and with a $1,000 earnest money check, if you're going to go buy a piece of real estate
[06:16.320 --> 06:21.160]  and you want a contract to purchase, they're going to ask you for earnest money.
[06:21.160 --> 06:31.160]  So he sent him earnest money, as Good Faith offered to cure the debt against the property
[06:31.160 --> 06:40.040]  on the condition that the true and bona fide holder of the obligations stand forth.
[06:40.040 --> 06:49.440]  He's never had anybody step forward, and the way the UCC reads, if offer to pay is made
[06:49.440 --> 06:56.040]  and offer to pay is rejected, the debt is paid.
[06:56.040 --> 07:05.080]  I thought it was an interesting way to get at this agency standing and capacity issues.
[07:05.080 --> 07:13.280]  Well, it got my attention on the Uniform Commercial Code, so I began digging in it.
[07:13.280 --> 07:22.000]  What I found surprised me, for the most part, what I see in the Uniform Commercial Code
[07:22.000 --> 07:28.400]  is everything that's in the consumer protection laws.
[07:28.400 --> 07:35.960]  It's all in here, and if you've been listening to the show a long time, you know I've been
[07:35.960 --> 07:39.960]  critical of the consumer protection laws.
[07:39.960 --> 07:48.760]  They were passed by the legislature with a lot of fanfare, as if they were creating protections
[07:48.760 --> 07:58.520]  for us to help us out, and they even created statutory remedy.
[07:58.520 --> 08:08.400]  However, they set the remedy so short that when you're dealing with a 30-year debt obligation,
[08:08.400 --> 08:14.120]  a one, two, and three-year statute of limitations is so short as to be worthless.
[08:14.120 --> 08:20.040]  What it appeared to me they did was they did this song and dance and seltzer down your
[08:20.040 --> 08:25.640]  pants telling us what a great thing they're doing, while in fact what they're actually
[08:25.640 --> 08:31.760]  doing is a little sleight of hand.
[08:31.760 --> 08:37.760]  They're trying to lead us away from the place we should be going.
[08:37.760 --> 08:42.360]  For the most part, it worked.
[08:42.360 --> 08:44.760]  They say, we've got all these consumer protection laws.
[08:44.760 --> 08:48.920]  If you need your remedy, here's your remedy, but then when you get into court, oh, it's
[08:48.920 --> 08:55.160]  too late to effect the remedy.
[08:55.160 --> 09:00.720]  In fact, everything I find in the consumer protection laws I find in the Uniform Commercial
[09:00.720 --> 09:06.840]  Code, the difference between the two is that the Uniform Commercial Code is more in-depth
[09:06.840 --> 09:13.960]  and specific, and there's no statute of limitations on the Uniform Commercial Code the way there
[09:13.960 --> 09:20.840]  is in the remedy that the legislature crafted for us.
[09:20.840 --> 09:29.520]  It's my belief they crafted this remedy and then set the limits, the statutory limits
[09:29.520 --> 09:41.360]  short to please the ones that backs their election campaigns, so they fed us both with
[09:41.360 --> 09:44.000]  one hand.
[09:44.000 --> 09:47.760]  It was all a scam.
[09:47.760 --> 09:54.800]  I'm leaning toward heck with the consumer protection laws.
[09:54.800 --> 09:59.480]  Let's go back to the Uniform Commercial Code.
[09:59.480 --> 10:00.480]  Standing is in there.
[10:00.480 --> 10:01.480]  Show me the note.
[10:01.480 --> 10:02.480]  It's in there.
[10:02.480 --> 10:06.480]  It's right in the Uniform Commercial Code.
[10:06.480 --> 10:13.520]  We have an issue before the California Supreme Court right now on whether or not you have
[10:13.520 --> 10:20.840]  standing to challenge a filing in the public record or challenge an assignment of the security
[10:20.840 --> 10:21.840]  instrument.
[10:21.840 --> 10:24.680]  It's right there in the Uniform Commercial Code.
[10:24.680 --> 10:28.640]  Absolutely, you have standing.
[10:28.640 --> 10:33.560]  So anybody that's in foreclosure to get out the Uniform Commercial Code, you only need
[10:33.560 --> 10:37.480]  to read about the first three chapters.
[10:37.480 --> 10:40.920]  Chapter 1, 2, and 3 is where most of what we deal with is.
[10:40.920 --> 10:47.440]  4 and 5 will have some somewhat, but most of it's right there in 1, 2, and 3.
[10:47.440 --> 10:54.520]  Once you've been through those a couple of times, you'll have a whole different perspective
[10:54.520 --> 10:56.120]  on how to take these guys on.
[10:56.120 --> 10:58.480]  We do have a caller early on.
[10:58.480 --> 11:00.800]  We have Jessica in Texas.
[11:00.800 --> 11:01.800]  Hello, Jessica.
[11:01.800 --> 11:02.800]  Hi.
[11:02.800 --> 11:03.800]  Hi, how are you?
[11:03.800 --> 11:04.800]  I am good.
[11:04.800 --> 11:05.800]  What do you have for us today?
[11:05.800 --> 11:10.800]  Well, I think I might be on the wrong program, actually.
[11:10.800 --> 11:13.680]  I was calling about the vaccine issue.
[11:13.680 --> 11:19.560]  Yes, you are absolutely on the wrong program.
[11:19.560 --> 11:21.560]  That program is on Sundays.
[11:21.560 --> 11:25.320]  So long before you, there was a program.
[11:25.320 --> 11:26.320]  I'm sorry.
[11:26.320 --> 11:29.760]  But I do have a legal question.
[11:29.760 --> 11:38.560]  My family bought one of these trailers, and they bought an extended warranty, and the
[11:38.560 --> 11:42.960]  company went out of business, or they went bankrupt.
[11:42.960 --> 11:49.480]  And subsequently, they're having real issues with their home at this time.
[11:49.480 --> 11:55.560]  It's falling apart, and it's supposedly still under warranty, but they have no recourse
[11:55.560 --> 12:03.640]  as to how to get it repaired or how to get the situation fixed.
[12:03.640 --> 12:04.640]  Was this a mobile home?
[12:04.640 --> 12:07.640]  Yes, it's a mobile home.
[12:07.640 --> 12:08.640]  Okay.
[12:08.640 --> 12:13.400]  Did they have it paid off?
[12:13.400 --> 12:18.360]  Did they pay cash, or did they have a loan against it?
[12:18.360 --> 12:21.640]  They're still paying on their note.
[12:21.640 --> 12:36.520]  Then is the damage to the mobile home the result of weather or catastrophe, or is it
[12:36.520 --> 12:37.520]  shoddy workmanship?
[12:37.520 --> 12:38.520]  It's shoddy workmanship.
[12:38.520 --> 12:39.520]  Okay.
[12:39.520 --> 12:44.520]  One thing they can do is rescind the contract.
[12:44.520 --> 12:45.520]  Okay.
[12:45.520 --> 12:56.080]  Okay, we had an interesting case last year, 2014.
[12:56.080 --> 13:02.400]  We had these guys in Minnesota.
[13:02.400 --> 13:09.680]  On a normal mortgage, you have three years to rescind.
[13:09.680 --> 13:12.240]  I should have asked, how old is this mortgage?
[13:12.240 --> 13:13.240]  Six years.
[13:13.240 --> 13:16.160]  Six years, and their extended warranty was for 10.
[13:16.160 --> 13:20.400]  They're like in year seven or eight, as they're-
[13:20.400 --> 13:21.400]  Okay.
[13:21.400 --> 13:24.440]  Who did they get the extended warranty with?
[13:24.440 --> 13:29.680]  I'm unclear on all of those particular details.
[13:29.680 --> 13:33.640]  I do believe it was from the same company they were buying the trailer from.
[13:33.640 --> 13:35.680]  Hold on.
[13:35.680 --> 13:40.920]  From the bank they were buying the trailer from, or from the manufacturer?
[13:40.920 --> 13:44.200]  The manufacturer.
[13:44.200 --> 13:46.880]  The manufacturer went out of business.
[13:46.880 --> 13:47.880]  Right.
[13:47.880 --> 13:49.760]  Did anyone purchase the business?
[13:49.760 --> 13:56.320]  Not actually out of business, they went bankrupt.
[13:56.320 --> 14:04.360]  You may be stuck without recourse on that part, but there's another area of recourse
[14:04.360 --> 14:07.040]  and it has to do with the mortgage.
[14:07.040 --> 14:13.360]  Absolutely, you need to read the first three chapters of the Uniform Commercial Code, because
[14:13.360 --> 14:15.160]  they go to sales.
[14:15.160 --> 14:25.920]  It goes to, I'm looking at in section two, buyer's breach or repudiation before seller
[14:25.920 --> 14:26.920]  identifies.
[14:26.920 --> 14:27.920]  Okay.
[14:27.920 --> 14:32.520]  This goes to repudiation.
[14:32.520 --> 14:44.840]  Any time the seller misrepresents the product to the buyer, the buyer has recourse.
[14:44.840 --> 14:58.040]  In this case, the seller along with the lender, you're getting a lot of background noise,
[14:58.040 --> 15:04.840]  along with the lender represented the product to your parents.
[15:04.840 --> 15:14.560]  Based on the representations made at or before closing, they purchased this property, but
[15:14.560 --> 15:19.240]  they purchased it based on false and misleading statements.
[15:19.240 --> 15:24.120]  If Jeff Sedgwick is listening, he's going to like hearing me say that.
[15:24.120 --> 15:30.240]  False and misleading statements, you were given proactive statements of fact about the
[15:30.240 --> 15:39.640]  trailer without giving you all of the facts about the trailer, essentially facts concerning
[15:39.640 --> 15:42.920]  the shoddy workmanship.
[15:42.920 --> 15:50.400]  You have recourse to sue the lender.
[15:50.400 --> 15:58.000]  It's hard to make, I need to see the documents that you, the closing documents that know
[15:58.000 --> 16:08.400]  more about how to go after them, but you can sue the lender for failing to give full disclosure
[16:08.400 --> 16:11.960]  and make the suit against the amount owed against the trailer.
[16:11.960 --> 16:12.960]  Okay.
[16:12.960 --> 16:13.960]  All right.
[16:13.960 --> 16:18.960]  Well, that's the sense of start at least.
[16:18.960 --> 16:19.960]  Okay.
[16:19.960 --> 16:29.240]  One thing about law is always stuff you can do.
[16:29.240 --> 16:36.360]  The other thing about law is it's really not about law, it's about politics.
[16:36.360 --> 16:42.240]  You create a big claim against them and they offer you to make a deal rather than have
[16:42.240 --> 16:47.080]  to fight your claim even if they wouldn't win the claim, in the end, they lose because
[16:47.080 --> 16:49.720]  of the attorney fees.
[16:49.720 --> 16:55.040]  Moving on, we'll explain this a little further on the other side, radio, we'll call it number
[16:55.040 --> 16:56.040]  512-646-1984.
[16:56.040 --> 16:57.040]  We'll be right back.
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[19:27.520 --> 19:51.240]  Okay, we are back, Randy Kelton, Root of Law Radio, and we're talking to Jessica in Texas.
[19:51.240 --> 19:58.680]  In the end, we talk about this on the air a lot, that most people are brought up in
[19:58.680 --> 20:07.720]  this country to believe that we are governed by law, and that we can trust the legal system
[20:07.720 --> 20:10.240]  to provide us with due process.
[20:10.240 --> 20:15.120]  Well, sorry, that's just not the case.
[20:15.120 --> 20:20.240]  You will never win your case simply because you have the law and the facts on your side.
[20:20.240 --> 20:22.720]  To think so is naive.
[20:22.720 --> 20:27.280]  It's not that way now, never has been that way since we've had judges.
[20:27.280 --> 20:31.720]  It's always been, you'll win your case if you have the politics on your side.
[20:31.720 --> 20:37.160]  Now, that's not necessarily such a bad thing.
[20:37.160 --> 20:42.120]  It's a bad thing when you don't understand it, when you think you can come to the court
[20:42.120 --> 20:49.200]  with the facts and the law, and they'll absolutely give you a ruling in your favor because you
[20:49.200 --> 20:50.200]  have a right to it.
[20:50.200 --> 21:00.040]  Now, they're going to give you a ruling that suits their political influences at the moment.
[21:00.040 --> 21:06.960]  So we think about political influences.
[21:06.960 --> 21:10.240]  What are the politics of the situation we're into?
[21:10.240 --> 21:14.920]  Okay, you've got a bank over here or a lender who has lent out this money, and they're in
[21:14.920 --> 21:17.960]  the business of making money, not losing money.
[21:17.960 --> 21:25.260]  Can you come back to them with a claim that the product you bought was not of the quality
[21:25.260 --> 21:29.960]  it was represented to be?
[21:29.960 --> 21:35.320]  And rescind the note, okay.
[21:35.320 --> 21:45.440]  Under the Truth in Lending Act, you have three years from the date of closing to rescind
[21:45.440 --> 21:50.120]  the note if they fail to give you all the property closures.
[21:50.120 --> 21:55.600]  But here's the way it actually works.
[21:55.600 --> 21:59.560]  That three years is a statute of limitations.
[21:59.560 --> 22:01.480]  There are other statutes of limitations.
[22:01.480 --> 22:12.200]  For instance, if you stop paying your mortgage, when the bank gives you notice of acceleration,
[22:12.200 --> 22:19.440]  notice of default, and acceleration and intent to foreclose, that starts a clock.
[22:19.440 --> 22:25.360]  And they have four years from the time that clock starts to foreclose on the property.
[22:25.360 --> 22:26.360]  But they're foreclosing anyway.
[22:26.360 --> 22:31.160]  They don't care if it's six, seven, eight years, they don't care, they foreclose anyway.
[22:31.160 --> 22:40.000]  The reason is that statute of limitations is not a bar to foreclosure, it's not a bar
[22:40.000 --> 22:46.480]  to rescission, it's an affirmative defense.
[22:46.480 --> 22:53.400]  So if your parents file rescission, then the bank can come back and raise the affirmative
[22:53.400 --> 23:02.880]  defense of statutory estoppel from the cost of these statute of limitations.
[23:02.880 --> 23:08.600]  We filed one recently with Wells Fargo, and they did what all of these banks are doing
[23:08.600 --> 23:10.160]  with rescission.
[23:10.160 --> 23:16.280]  They're treating the rescission letter as if it were a qualified written request, and
[23:16.280 --> 23:20.200]  then they give a garbage answer to the qualified written request.
[23:20.200 --> 23:24.360]  Well, wonderful.
[23:24.360 --> 23:33.600]  Under the Truth in Lending Act, once you give notice of rescission, the note is rescinded.
[23:33.600 --> 23:43.400]  And the bank has 20 days to begin the rescission process or bring an action in the court to
[23:43.400 --> 23:46.560]  challenge the rescission.
[23:46.560 --> 23:53.680]  If they don't do that within 20 days, then they're subject to what's called laches.
[23:53.680 --> 23:57.560]  Laches goes to sitting on your rights.
[23:57.560 --> 24:02.320]  They had a right to raise the affirmative defense of statute of limitations.
[24:02.320 --> 24:07.000]  But if they don't do it, then they waive that right.
[24:07.000 --> 24:14.640]  Now, they're really quick to tell you that any right you don't claim, you waive.
[24:14.640 --> 24:18.160]  So we turn the tables on them.
[24:18.160 --> 24:22.240]  What we send them is actually a qualified written request.
[24:22.240 --> 24:28.120]  Qualified written request is a document that's addressed in the Read State Settlement Procedures
[24:28.120 --> 24:29.120]  Act.
[24:29.120 --> 24:36.600]  It says, if you have reason to believe that there is an error in the accounting, then
[24:36.600 --> 24:39.560]  you can file a qualified written request to correct that error.
[24:39.560 --> 24:42.560]  There's some more limitations on it, we won't waste time with that.
[24:42.560 --> 24:50.240]  So you can file a qualified written request to ask them to correct the error.
[24:50.240 --> 24:53.980]  So it has to claim an accounting error.
[24:53.980 --> 24:55.640]  So we do that.
[24:55.640 --> 24:59.680]  When you sit down at closing, they charge you a bunch of stuff for closing.
[24:59.680 --> 25:02.480]  It's all on the HUD when settlement statement.
[25:02.480 --> 25:06.520]  But they didn't provide any documentation to show that all of those fees on there were
[25:06.520 --> 25:07.520]  valid.
[25:07.520 --> 25:15.000]  So we claim they're all garbage and claim that these fees are being improperly charged
[25:15.000 --> 25:17.120]  and ask them to prove up all the fees.
[25:17.120 --> 25:20.760]  Well, at this point, we don't care about that.
[25:20.760 --> 25:22.120]  That's not why we're doing this.
[25:22.120 --> 25:29.080]  It's a big, long document and I put in all kind of stuff I want them to produce.
[25:29.080 --> 25:33.960]  But a qualified written request cannot be a request for production.
[25:33.960 --> 25:37.800]  So they read all this and they just think I'm a stupid pro se.
[25:37.800 --> 25:38.800]  Don't know any better.
[25:38.800 --> 25:42.040]  And they say, nah, we're not going to respond to any of that.
[25:42.040 --> 25:46.320]  You can't answer that in the QWR, you dummy.
[25:46.320 --> 25:56.360]  Very last paragraph in this 30 page document is you have 30 days to prove up each of these
[25:56.360 --> 25:57.360]  fees.
[25:57.360 --> 26:02.480]  If any fee is proved up, we will deduct it from our calculation of claim.
[26:02.480 --> 26:09.680]  If you fail to prove up this claim within 30 days, I hereby give notice that the loan
[26:09.680 --> 26:12.320]  is rescinded.
[26:12.320 --> 26:17.200]  I don't think any of them ever read that far through the document.
[26:17.200 --> 26:19.200]  Tough.
[26:19.200 --> 26:25.400]  It's the kind of garbage that those guys pull on you.
[26:25.400 --> 26:30.960]  You go sit down at closing and they give you this big stack of documents.
[26:30.960 --> 26:34.960]  And they say, you need to read all these and sign them.
[26:34.960 --> 26:37.360]  Most of them don't mean diddly.
[26:37.360 --> 26:38.680]  They're just junk.
[26:38.680 --> 26:43.680]  They're just there to turn your brain to mud.
[26:43.680 --> 26:50.480]  Who can read a 300 page book of legalese at closing?
[26:50.480 --> 26:54.280]  So they get your brain turned to mud before they put the important documents in front
[26:54.280 --> 26:55.280]  of you.
[26:55.280 --> 26:58.360]  That's just a scam they pull.
[26:58.360 --> 26:59.800]  So we turn it back on them.
[26:59.800 --> 27:07.960]  We give them this 30 page qualified written request and the whole thing is for the purpose
[27:07.960 --> 27:12.040]  of getting them to miss the rescission.
[27:12.040 --> 27:17.120]  Now 30 days to respond to the qualified written request, but they only got 20 days to respond
[27:17.120 --> 27:19.800]  to the rescission.
[27:19.800 --> 27:27.280]  So after 20 days, then you file a quiet title against the deed of trust and threaten to
[27:27.280 --> 27:32.500]  make the loan go away completely because of what the Truth in Lending Act says.
[27:32.500 --> 27:41.840]  If they fail to respond within 20 days with notice that the rescission process is done
[27:41.840 --> 27:49.760]  or file an objection to rescission, then if they fail to do that within 20 days, the borrower
[27:49.760 --> 27:55.280]  may retain the property without obligation.
[27:55.280 --> 27:57.920]  It's sudden death.
[27:57.920 --> 27:59.760]  It's all over for these guys.
[27:59.760 --> 28:03.120]  Well, that's what the lawsuit is.
[28:03.120 --> 28:09.280]  It's not really all over for these guys because the judges don't follow law.
[28:09.280 --> 28:13.840]  They've been bought and paid for by the big banks.
[28:13.840 --> 28:22.720]  However, what it does do is give you an opportunity to waive a lawsuit at them that they got a
[28:22.720 --> 28:27.440]  good chance of losing.
[28:27.440 --> 28:33.040]  So even if they win, it's going to cost them more than the value of the property to win
[28:33.040 --> 28:35.800]  the lawsuit.
[28:35.800 --> 28:39.040]  So the whole purpose is bring them to the table.
[28:39.040 --> 28:41.040]  Let's make a deal.
[28:41.040 --> 28:49.080]  So because it's not three, we're past the three-year mark, this would be the process.
[28:49.080 --> 28:57.840]  First, file a qualified written request, then after 20 days, no, file under a recession
[28:57.840 --> 28:58.840]  first?
[28:58.840 --> 29:08.280]  Well, no, if you file a qualified written request, they have five days to notify you
[29:08.280 --> 29:13.120]  that they received it, and then they have 30 days to respond to it.
[29:13.120 --> 29:16.360]  Well, they never respond to it appropriately.
[29:16.360 --> 29:20.240]  How old is this loan?
[29:20.240 --> 29:24.600]  Like I said, it's about seven years old, and then the extended warranty was bought for
[29:24.600 --> 29:25.600]  10 years.
[29:25.600 --> 29:26.600]  Okay.
[29:26.600 --> 29:27.800]  So it's about seven years old.
[29:27.800 --> 29:34.040]  That's good because seven years puts it just before the crash.
[29:34.040 --> 29:39.080]  And if you look at a public record, you'll probably find that this note has changed hands
[29:39.080 --> 29:40.940]  several times.
[29:40.940 --> 29:41.940]  So hang on.
[29:41.940 --> 29:42.940]  We're about to go to break.
[29:42.940 --> 30:02.000]  We'll have our radio, our call-in number, 512-646-1984, we'll be right back.
[30:02.000 --> 30:06.560]  A lot of people are down on their luck these days, going hungry and homeless, but groups
[30:06.560 --> 30:10.680]  that try to feed them face a surprising enemy, their own governments.
[30:10.680 --> 30:13.120]  Apparently, no good deed goes unpunished.
[30:13.120 --> 30:17.440]  I'm Dr. Catherine Albrecht, and I'll be back with details.
[30:17.440 --> 30:19.040]  Privacy is under attack.
[30:19.040 --> 30:22.640]  When you give up data about yourself, you'll never get it back again.
[30:22.640 --> 30:27.400]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.400 --> 30:32.560]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.560 --> 30:35.160]  Privacy, it's worth hanging on to.
[30:35.160 --> 30:39.480]  This public service announcement is brought to you by StartPage.com, the private search
[30:39.480 --> 30:43.000]  engine alternative to Google, Yahoo, and Bing.
[30:43.000 --> 30:46.200]  Start over with StartPage.
[30:46.200 --> 30:49.040]  Warm-hearted heroes or cold-blooded criminals?
[30:49.040 --> 30:54.600]  Three members of a group called Food Not Bombs, including 24-year-old Jessica Cross, brought
[30:54.600 --> 30:57.520]  healthy meals to an Orlando park to feed the homeless.
[30:57.520 --> 31:03.200]  Despite a city ordinance that allows feeding just 25 people, Cross's group fed all 40
[31:03.200 --> 31:04.800]  hungry souls who arrived.
[31:04.800 --> 31:09.560]  The police used their excellent counting skills to detect the crime and nabbed the hardened
[31:09.560 --> 31:10.560]  lawbreakers.
[31:10.560 --> 31:12.800]  Of course, there's a historical precedent.
[31:12.800 --> 31:17.800]  Jesus served thousands with loaves and fishes, and he wasn't popular with the local authorities,
[31:17.800 --> 31:18.800]  either.
[31:18.800 --> 31:23.480]  He was crucified for his kindness, while Jessica Cross and her friends face up to 60 days in
[31:23.480 --> 31:24.480]  jail.
[31:24.480 --> 31:26.040]  I'm Dr. Catherine Albrecht.
[31:26.040 --> 31:28.760]  More news and information at CatherineAlbrecht.com.
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[31:58.720 --> 31:59.720]  HempUSA.org.
[31:59.720 --> 32:05.120]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:05.120 --> 32:08.920]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:08.920 --> 32:12.560]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.560 --> 32:16.080]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.080 --> 32:19.800]  in our own private capacity, and most importantly, the right to due process of law.
[32:19.800 --> 32:23.960]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:23.960 --> 32:25.360]  our rights through due process.
[32:25.360 --> 32:29.280]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.280 --> 32:33.040]  most comprehensive teaching tool available that will help you understand what due process
[32:33.040 --> 32:35.400]  is and how to hold courts to the rule of law.
[32:35.400 --> 32:39.440]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and
[32:39.440 --> 32:40.760]  ordering your copy today.
[32:40.760 --> 32:44.120]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.120 --> 32:48.520]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.520 --> 32:50.840]  documents, and other useful resource materials.
[32:50.840 --> 32:54.800]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.800 --> 33:01.800]  Order your copy today, and together we can have a free society we all want and deserve.
[33:24.800 --> 33:49.480]  Okay, we are back.
[33:49.480 --> 33:57.040]  It looks like we lost Jessica with the break, but we talk about this a lot.
[33:57.040 --> 34:03.000]  If you listen a lot, we talk about it quite a bit, and it's not about law.
[34:03.000 --> 34:10.320]  It's about the politics, and it is a problem that it's about the politics, but it's not
[34:10.320 --> 34:14.440]  as great a problem as not knowing it.
[34:14.440 --> 34:17.960]  Once you know about the politics, then you have a lot of things you can do.
[34:17.960 --> 34:25.360]  I'm working with someone now who's helping someone through a bankruptcy, and they have
[34:25.360 --> 34:28.000]  worked over her attorney.
[34:28.000 --> 34:30.760]  They have bar-grieved you.
[34:30.760 --> 34:39.080]  They have prepared criminal complaints against him to prepare him to sue him for malpractice.
[34:39.080 --> 34:45.480]  When he tried to get removed from the case, they objected to it, and she filed it with
[34:45.480 --> 34:51.960]  the Northern District of Texas Bankruptcy Court and Federal Bankruptcy Court, and the
[34:51.960 --> 35:00.760]  clerk said she has never seen anyone object to a lawyer asking to be removed, and she
[35:00.760 --> 35:07.040]  got in court, and the judge, he couldn't understand why she objected.
[35:07.040 --> 35:09.920]  He said, well, I wanted a contract.
[35:09.920 --> 35:10.920]  He's got my money.
[35:10.920 --> 35:11.920]  I paid him.
[35:11.920 --> 35:14.840]  Yes, but you can't get along.
[35:14.840 --> 35:16.480]  This problem, not my problem.
[35:16.480 --> 35:26.120]  I paid him to do a job, and the judge, without the consent of the client, refused to allow
[35:26.120 --> 35:27.840]  the lawyer to withdraw.
[35:27.840 --> 35:33.440]  He said, counselor, you're just going to have to work this out with your client, and they've
[35:33.440 --> 35:41.320]  been working the client over, and always in these kinds of situations, you look for where
[35:41.320 --> 35:44.360]  the deep pockets are.
[35:44.360 --> 35:48.940]  The lawyer's got malpractice insurance.
[35:48.940 --> 35:57.880]  If he fails to adequately represent your case, he sues malpractice insurance, and I'm not
[35:57.880 --> 36:11.840]  anti-lawyer, and I don't like villainizing anyone, but the legal profession has deteriorated
[36:11.840 --> 36:21.360]  to the point that we need to do something to fix it, and I'm looking at this attorney.
[36:21.360 --> 36:26.960]  He is having absolute hell with this client.
[36:26.960 --> 36:29.800]  This is what they need.
[36:29.800 --> 36:35.000]  They need to expect that any client for whom they don't do an adequate and proper job,
[36:35.000 --> 36:39.800]  that that client is going to kick their behinds.
[36:39.800 --> 36:43.320]  The lawyers are afraid of judges.
[36:43.320 --> 36:45.600]  They need to be afraid of proceeds even more.
[36:45.600 --> 36:52.840]  We have Jessica back, and you might talk to your parents.
[36:52.840 --> 37:04.120]  You don't necessarily have to file suit, just shake it at them, that the lender promoted
[37:04.120 --> 37:12.040]  this contract based on lack of full disclosure, and because of that, you don't have a right
[37:12.040 --> 37:13.040]  to full payment.
[37:13.040 --> 37:19.280]  They're going to say, yeah, we do, yeah, we do, so yeah, we'll go to court and we'll fight
[37:19.280 --> 37:25.880]  about it for the next five years, and see how that works out for you.
[37:25.880 --> 37:34.280]  What we do on this show is we teach people how to be the pro se from hell.
[37:34.280 --> 37:40.200]  These debt collectors, they do everything wrong, and they know they're doing everything
[37:40.200 --> 37:41.200]  wrong.
[37:41.200 --> 37:42.200]  They don't care.
[37:42.200 --> 37:45.660]  They make a lot of money doing everything wrong.
[37:45.660 --> 37:50.160]  Every once in a while, somebody comes along and stings them for it.
[37:50.160 --> 37:55.140]  Ah, well, cost of doing business.
[37:55.140 --> 37:59.960]  That cost is so minor relative to the amount of money they make doing it wrong that it's
[37:59.960 --> 38:02.360]  not a deterrence.
[38:02.360 --> 38:07.200]  So the best we can do is help people become the cost of doing business.
[38:07.200 --> 38:12.720]  If we can get people educated enough, the cost of doing business will get too high,
[38:12.720 --> 38:18.400]  and they'll have to start doing it according to law.
[38:18.400 --> 38:22.440]  Your parents, you think they're up to it.
[38:22.440 --> 38:27.640]  Well, you know, it was some encouragement.
[38:27.640 --> 38:28.640]  I'm not sure.
[38:28.640 --> 38:36.560]  I just, you know, need to just make some really good notes here and, you know.
[38:36.560 --> 38:43.640]  The one thing, and the reason I presented it the way it does is you come in as the plaintiff.
[38:43.640 --> 38:50.400]  Most of us who have experience with the legal system are drug into the legal system kicking
[38:50.400 --> 38:54.600]  and screaming with somebody making claims against us.
[38:54.600 --> 39:02.040]  And we come away with a really bad taste of the legal system.
[39:02.040 --> 39:07.080]  When you're the plaintiff, it's a whole other story.
[39:07.080 --> 39:15.120]  And when you come in armed with an understanding of the politics, let me give you a little
[39:15.120 --> 39:19.440]  bit of an idea of the politics.
[39:19.440 --> 39:25.720]  If you file a bar grievance against a lawyer, the State Bar Association of Texas is going
[39:25.720 --> 39:28.440]  to get that bar grievance and they're going to throw it in the trash.
[39:28.440 --> 39:33.280]  And they're going to send you this letter back that says, we examined into your complaint
[39:33.280 --> 39:36.760]  and find it does not rise to the level of misconduct.
[39:36.760 --> 39:40.560]  Don't make any difference what you accuse him of.
[39:40.560 --> 39:44.120]  And that's a good thing.
[39:44.120 --> 39:51.600]  The reason it's a good thing is their insurance carriers knows that the State Bar is going
[39:51.600 --> 39:54.080]  to throw it in the trash.
[39:54.080 --> 39:56.440]  So how do they gauge their level of risk?
[39:56.440 --> 40:03.440]  By valid bar grievances, they can throw them all in the trash by the numbers.
[40:03.440 --> 40:08.120]  One bar grievance, your first year of practice, they will cancel immediately.
[40:08.120 --> 40:12.640]  The amount of practice insurance starts around 25 grand.
[40:12.640 --> 40:16.120]  Two bar grievances, any one year of practice, they'll cancel.
[40:16.120 --> 40:22.840]  Three, they'll cancel your law firm's malpractice insurance and you won't be able to get insured.
[40:22.840 --> 40:28.160]  You won't be able to get another law firm won't take you because you're an unacceptable
[40:28.160 --> 40:29.160]  risk.
[40:29.160 --> 40:35.240]  I had a lawyer tell me that is patently unfair.
[40:35.240 --> 40:40.240]  And I was standing there grinning from ear to ear and I absolutely agree with him.
[40:40.240 --> 40:43.640]  That certainly is.
[40:43.640 --> 40:48.440]  But bar grievances become a very powerful tool.
[40:48.440 --> 40:56.120]  If you file a bar grievance against a lawyer and he says one word about that bar grievance,
[40:56.120 --> 41:02.320]  you file a bar grievance against him for that because he's forbidden to.
[41:02.320 --> 41:08.240]  So it's like you go into court, you got this lawyer on the other side and you're over here
[41:08.240 --> 41:13.840]  and you before court starts, you walk over and you kick him right square in his pants
[41:13.840 --> 41:17.600]  and you go back, stand behind your table and he's going to stand there and act like you
[41:17.600 --> 41:19.960]  didn't do it.
[41:19.960 --> 41:23.520]  One word about it, the sky falls in on it.
[41:23.520 --> 41:27.920]  So they have their weaknesses.
[41:27.920 --> 41:33.960]  Judges if you file a judicial conduct complaint against a judge, the state commission on judicial
[41:33.960 --> 41:38.600]  conduct is going to get that and throw it in the trash.
[41:38.600 --> 41:48.520]  But this goes on his record and stays there forever.
[41:48.520 --> 41:57.880]  If he's a lower court judge, like your traffic court and municipal judges, they think that
[41:57.880 --> 42:06.160]  the state commission on judicial conduct never punishes higher level elected judges, county
[42:06.160 --> 42:11.340]  district judges and they're right, they don't.
[42:11.340 --> 42:16.160]  What they think is, is that in order to make it look like they're doing something, they
[42:16.160 --> 42:23.120]  crucify JPs and municipal judges because their inferior courts are not really lawyers.
[42:23.120 --> 42:25.480]  They may be lawyers, but they don't have to be.
[42:25.480 --> 42:29.720]  But they use these guys for cannon fodder to make it look like they're actually doing
[42:29.720 --> 42:33.480]  something and they are right.
[42:33.480 --> 42:35.920]  That's exactly what they do.
[42:35.920 --> 42:41.760]  So if you're in a traffic court or a JP court, you file a judicial conduct complaint against
[42:41.760 --> 42:46.520]  a judge and you have really, really got his attention.
[42:46.520 --> 42:52.600]  It's all about the politics.
[42:52.600 --> 43:00.040]  Lawyers have a pretty well packed set of things that they do.
[43:00.040 --> 43:04.000]  You go to a lawyer and you got this issue, oh yeah, I can write you a lawsuit for it.
[43:04.000 --> 43:07.520]  When you walk out of the office, he'll go over and open the door and pull this lawsuit
[43:07.520 --> 43:11.000]  out and change names on it, change a few facts in it and file it.
[43:11.000 --> 43:13.000]  He's already got it written.
[43:13.000 --> 43:16.440]  Plus he does the same thing over and over.
[43:16.440 --> 43:24.280]  The lawyers specialize in really finely focused areas of practice because lawyers are terrified
[43:24.280 --> 43:27.360]  of judges.
[43:27.360 --> 43:33.760]  Lawyers are afraid that a judge can sanction them at the drop of a hat.
[43:33.760 --> 43:36.800]  They're right, they can.
[43:36.800 --> 43:43.040]  They're afraid that a judge can pull his bar card at his caprice and they can.
[43:43.040 --> 43:47.400]  So the biggest thing they're afraid of is making a mistake, this is something.
[43:47.400 --> 43:52.400]  Hang on, pick this up on the other side, Randy Cotten wheelbarrow radio, I'll call it number
[43:52.400 --> 43:57.400]  512-646-1984, we'll be right back.
[43:57.400 --> 44:08.160]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
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[44:43.200 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.440]  Are you the plaintiff or defendant in a lawsuit?
[45:04.440 --> 45:09.680]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.680 --> 45:14.760]  4 CD course that will show you how in 24 hours, step by step.
[45:14.760 --> 45:18.880]  If you have a lawyer, know what your lawyer should be doing.
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[45:23.200 --> 45:28.080]  Thousands have won with our step by step course and now you can too.
[45:28.080 --> 45:34.840]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.840 --> 45:39.480]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:39.480 --> 45:43.640]  principles and practices that control our American courts.
[45:43.640 --> 45:49.840]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.840 --> 45:52.080]  pro se tactics and much more.
[45:52.080 --> 45:59.880]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:59.880 --> 46:26.440]  I must be careful what I'm wishing for.
[46:26.440 --> 46:35.400]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.400 --> 46:36.400]  Okay, we are back.
[46:36.400 --> 46:37.400]  Randy Felton, Rule of Law Radio.
[46:37.400 --> 46:40.800]  We're talking to Jessica in Texas.
[46:40.800 --> 46:46.200]  I'm kind of briefly going over the top of this.
[46:46.200 --> 46:52.800]  This is a lot more sophisticated than what I'm indicating, but you have far more power
[46:52.800 --> 46:55.880]  than you imagine.
[46:55.880 --> 47:00.760]  You walk into the courthouse, you know, when I walk into a courthouse, I am the baddest
[47:00.760 --> 47:04.440]  motor scooter in the building.
[47:04.440 --> 47:10.400]  And the reason I'm the baddest motor scooter in the building is because I'm nobody.
[47:10.400 --> 47:17.840]  I'm not a judge, a prosecutor, a lawyer, a bailiff, a clerk.
[47:17.840 --> 47:25.240]  They're all public servants, except the lawyer, he's an officer in the court, so he's quasi
[47:25.240 --> 47:26.240]  a public servant.
[47:26.240 --> 47:28.560]  The rest of them are all public servants.
[47:28.560 --> 47:33.440]  They're the servants, I'm the master.
[47:33.440 --> 47:36.760]  And they are not to forget it.
[47:36.760 --> 47:42.560]  They will perform their duty in accordance with my law, or I'll land on them like a ton
[47:42.560 --> 47:45.000]  of bricks.
[47:45.000 --> 47:48.240]  It's really easy to do.
[47:48.240 --> 47:56.200]  The one thing they don't want you to know is how vulnerable they are.
[47:56.200 --> 48:03.480]  If you try to go after them, they will not do anything you ask them to.
[48:03.480 --> 48:05.680]  That's a good thing.
[48:05.680 --> 48:15.400]  I tell people, never ask a public official to do anything you actually want him to do.
[48:15.400 --> 48:20.280]  Never ask a public official to do anything that the law does not specifically command
[48:20.280 --> 48:21.280]  him to do.
[48:21.280 --> 48:26.680]  And then when he doesn't do it, you get to kick him in his professional pants by going
[48:26.680 --> 48:31.400]  to a next higher public official and ordering him to arrest that one.
[48:31.400 --> 48:36.520]  And then this one's going to refuse to do anything, so now you charge him to work your
[48:36.520 --> 48:37.520]  way up the line.
[48:37.520 --> 48:42.600]  It creates a tremendous amount of politics.
[48:42.600 --> 48:47.440]  When I walk into Tarrant County Courthouse, they are unhappy.
[48:47.440 --> 48:49.960]  They do not want to see me.
[48:49.960 --> 48:57.880]  I'm always nice, I'm always pleasant, but I never give legal advice.
[48:57.880 --> 49:04.660]  And I never ask them to do anything I want them to do, because I got the offer in one
[49:04.660 --> 49:06.760]  hand and the club in the other.
[49:06.760 --> 49:09.080]  Say, this is what I want you to do.
[49:09.080 --> 49:11.200]  I don't tell them what the law says.
[49:11.200 --> 49:14.760]  The law says you're supposed to do that and this and that and the other.
[49:14.760 --> 49:17.720]  I don't give them legal advice.
[49:17.720 --> 49:21.920]  I ask them to do what I want them to do, and then when they don't do it, I go to somebody
[49:21.920 --> 49:28.600]  else and file charges against them and get the phones ringing all over the courthouse.
[49:28.600 --> 49:35.280]  I just gave criminal complaints against three security guards at the Tarrant County Courthouse
[49:35.280 --> 49:39.160]  to the grand jury.
[49:39.160 --> 49:44.920]  And the grand jury and the district attorney secreted the complaints from the grand jury.
[49:44.920 --> 49:46.920]  Oh, wonderful.
[49:46.920 --> 49:51.320]  Now, I get to go ahead.
[49:51.320 --> 49:54.920]  Well, what does that mean secreted?
[49:54.920 --> 49:56.920]  Get them away?
[49:56.920 --> 49:57.920]  What?
[49:57.920 --> 49:58.920]  Sorry.
[49:58.920 --> 50:02.440]  Wait a minute, you kind of broke up there.
[50:02.440 --> 50:04.920]  Say that again.
[50:04.920 --> 50:10.240]  I don't understand what secreted means.
[50:10.240 --> 50:11.240]  Secreted?
[50:11.240 --> 50:14.040]  Wait a minute.
[50:14.040 --> 50:15.040]  What you said.
[50:15.040 --> 50:16.040]  I'm sorry.
[50:16.040 --> 50:17.040]  Oh, secreted.
[50:17.040 --> 50:18.040]  Oh, okay.
[50:18.040 --> 50:29.280]  I gave the complaints to the bailiff who is guarding the grand jury.
[50:29.280 --> 50:32.960]  I go to the bailiff and I say, Mr. Bailiff, my name is Randall Kelton.
[50:32.960 --> 50:36.120]  I'm the foreman that I have business with the grand jury.
[50:36.120 --> 50:38.200]  And they always say, may I tell them that I do the business?
[50:38.200 --> 50:39.200]  Yes, you may.
[50:39.200 --> 50:41.800]  And I give them this sealed folder.
[50:41.800 --> 50:47.760]  Well, the folder never got to the foreman of the grand jury.
[50:47.760 --> 50:51.000]  Instead of giving it to the foreman of the grand jury, he gave it to the district attorney
[50:51.000 --> 50:56.800]  who never gave it to the grand jury.
[50:56.800 --> 50:59.360]  That's obstruction of justice.
[50:59.360 --> 51:00.880]  That's a crime in the state of Texas.
[51:00.880 --> 51:01.880]  It's a felony.
[51:01.880 --> 51:06.200]  It's a 36-06 penal code.
[51:06.200 --> 51:09.800]  And it's also tampered with a government document.
[51:09.800 --> 51:14.440]  If you secret a government document from the person or office it's directed to, that's
[51:14.440 --> 51:19.760]  a felony in Texas, 37-10 penal code.
[51:19.760 --> 51:28.000]  So I'm going to talk to this, to the head, to the elected district attorney and make
[51:28.000 --> 51:35.920]  a complaint against the assistant district attorney for felony obstruction of justice
[51:35.920 --> 51:39.520]  and felony tampering with the government document.
[51:39.520 --> 51:43.280]  Explain it.
[51:43.280 --> 51:48.800]  You explain to the grand jury why you're secreting documents from them.
[51:48.800 --> 51:52.720]  This is kind of off your topic.
[51:52.720 --> 51:59.080]  But if you go with a court, you go in with a tremendous advantage.
[51:59.080 --> 52:05.920]  You have a disadvantage because the courts are prejudiced against process.
[52:05.920 --> 52:13.480]  But the fact is the courts are going to root against you out of hand at every turn anyway.
[52:13.480 --> 52:18.400]  If you're not wealthy, if you're not one of these bankers that's bought and paid for them,
[52:18.400 --> 52:20.040]  they're going to root against you no matter what.
[52:20.040 --> 52:22.960]  So we've got to find another way to beat them up.
[52:22.960 --> 52:29.440]  And the way to beat them up is talk with the lawyer every time he turns around.
[52:29.440 --> 52:34.960]  He judges the condor, complaints the judge, asks the judge to step down from the bench.
[52:34.960 --> 52:38.960]  You can do these things where a lawyer can't.
[52:38.960 --> 52:49.560]  I was before Judge Alan Ritchie in South Fort Worth a while back and the lawyer, I was trying
[52:49.560 --> 52:55.360]  to help somebody stop an eviction, and the lawyer said, Mr. Kelton, are you an attorney?
[52:55.360 --> 52:58.040]  Oh, no, no, no.
[52:58.040 --> 53:02.240]  I sleep well at night and keep my hands in my old pockets, thank you very much.
[53:02.240 --> 53:07.360]  But there's a lot of judges that wish I was an attorney, and this is right in front of the judge.
[53:07.360 --> 53:14.440]  And to answer your question, I am not here dangling by my bar card.
[53:14.440 --> 53:17.080]  She was, I wasn't.
[53:17.080 --> 53:20.280]  That judge could snatch her bar card in a heartbeat.
[53:20.280 --> 53:25.160]  So she's not going to do anything to annoy that judge.
[53:25.160 --> 53:30.080]  I'm going to do everything I can to annoy that judge.
[53:30.080 --> 53:38.720]  Reason being, the only way he gets rid of me is either go to the other side and tell them,
[53:38.720 --> 53:46.920]  you make a deal with this character and get him out of my court or I'm going to kick your behind.
[53:46.920 --> 53:55.320]  Or give me a ruling that I'm happy with and I'll go away and stop beating him up.
[53:55.320 --> 54:01.200]  If we're going to win in the courts, that's the only way we're going to get it done.
[54:01.200 --> 54:10.640]  Now, with all that said, it may actually be that you get an honest judge who would rule fairly.
[54:10.640 --> 54:18.080]  But if you count on that, you will be horribly disappointed.
[54:18.080 --> 54:25.160]  If you go into the court from the perspective that they're going to rule against you out of head at every turn,
[54:25.160 --> 54:32.760]  but you're prepared for it and they don't rule against you, wonderful, works even better that way.
[54:32.760 --> 54:36.000]  But if they do, you're ready.
[54:36.000 --> 54:40.080]  And this is, we need to do this.
[54:40.080 --> 54:41.480]  We need more people doing this.
[54:41.480 --> 54:47.640]  We need to let these banks know that we can make them pay.
[54:47.640 --> 54:55.680]  And for your parents, if they're upset about the condition and the trigger about the product they bought,
[54:55.680 --> 54:57.560]  they need to do something and they can.
[54:57.560 --> 55:00.000]  It's not as hard as you would think.
[55:00.000 --> 55:04.160]  It will help you. That's what we do.
[55:04.160 --> 55:05.840]  Okay. Well, thanks so much.
[55:05.840 --> 55:08.800]  I really appreciate your advice today.
[55:08.800 --> 55:12.680]  Thank you. I've got kind of a way to proceed.
[55:12.680 --> 55:17.120]  Okay. And if you have more questions, give us a call, listen in.
[55:17.120 --> 55:20.480]  We talk about these subjects all the time.
[55:20.480 --> 55:25.040]  It's complex enough that you need to hear it a few times.
[55:25.040 --> 55:29.400]  But after a while, these pieces start fitting together.
[55:29.400 --> 55:32.000]  Makes life a whole lot better out here.
[55:32.000 --> 55:36.720]  You know, when I'm driving down the street and those red lights come on behind me,
[55:36.720 --> 55:44.240]  you know how you get kind of this hollow place in the pity stomach?
[55:44.240 --> 55:47.200]  I don't get that.
[55:47.200 --> 55:52.240]  I say, go ahead, brother, take your best shot.
[55:52.240 --> 55:54.680]  I give you a rock through the legal system.
[55:54.680 --> 55:59.280]  You are not going to believe.
[55:59.280 --> 56:02.840]  It's nice to be able to be more comfortable in our environment,
[56:02.840 --> 56:07.120]  but we're in the worst police state the world's ever seen.
[56:07.120 --> 56:10.760]  And if we're going to protect ourselves from it,
[56:10.760 --> 56:15.960]  we need to arm ourselves with knowledge and we can't.
[56:15.960 --> 56:18.760]  And it's just not about law, it's about politics.
[56:18.760 --> 56:24.800]  I had a sheriff deputy I knew once called me and say, what did you do to the sheriff?
[56:24.800 --> 56:26.800]  And I said, well, I hadn't done anything to him lately.
[56:26.800 --> 56:28.920]  Why? He said, well, we had roll call this morning.
[56:28.920 --> 56:31.240]  He asked who here knew Randy Kelton.
[56:31.240 --> 56:33.560]  About half of us raised our hand.
[56:33.560 --> 56:36.640]  He said, look, you are not to stop him.
[56:36.640 --> 56:39.160]  You are not to cite him.
[56:39.160 --> 56:44.640]  And whatever you do, don't put that sob in my jail.
[56:44.640 --> 56:49.360]  What? I'm not popular down there.
[56:49.360 --> 56:54.680]  They did that before they got themselves a fight they didn't believe.
[56:54.680 --> 56:57.520]  And they dismissed the case to get rid of me.
[56:57.520 --> 57:02.360]  Last case I had in Austin where a secretary, I was at the secretary of state's building,
[57:02.360 --> 57:09.000]  called 911 and the secretary of state, I mean, the capital security came
[57:09.000 --> 57:15.440]  and a sergeant there wound up smashing my face into the wall and knocking out one of my teeth.
[57:15.440 --> 57:22.200]  And then they charged me to cover up what he did.
[57:22.200 --> 57:30.560]  Well, they dismissed my case in order to protect my lawyer from me.
[57:30.560 --> 57:42.120]  We're standing in front of the, I'm at the bar and my lawyer and the prosecutor are up at the bench with the judge.
[57:42.120 --> 57:46.680]  And my lawyer comes back to me and said, Mr. Kelton, the prosecutor said, she knows who you are.
[57:46.680 --> 57:51.680]  If you start filing criminal charges, she's going to charge you a tenant from the government document.
[57:51.680 --> 57:54.440]  I looked over at her. Oh, she said that, didn't she?
[57:54.440 --> 57:57.320]  Yes, she did. I said, here, I pulled out about 30 of them.
[57:57.320 --> 57:58.960]  I got about 30 of them. Get her over here.
[57:58.960 --> 58:04.920]  I need her to verify these criminal affidavits in accordance with her duty under Article 2.06 Code of Criminal Procedure.
[58:04.920 --> 58:07.320]  And I pointed at her. Yeah, get over here.
[58:07.320 --> 58:12.640]  And she kind of backed up against the bar at the bench.
[58:12.640 --> 58:15.040]  And I turned to my lawyer and I stuck him out to him.
[58:15.040 --> 58:18.840]  He held up both hands with his palms out.
[58:18.840 --> 58:20.640]  I'm not going to touch him. I'm not going to touch him.
[58:20.640 --> 58:25.320]  Take him, you chicken. Right in front of the judge.
[58:25.320 --> 58:29.000]  We went out to lunch. I get a call at lunch.
[58:29.000 --> 58:33.680]  They dismissed my case. I said, they did what?
[58:33.680 --> 58:36.760]  You let them dismiss my case? I need to put back in.
[58:36.760 --> 58:38.840]  Did they dismiss you with prejudice? Well, no.
[58:38.840 --> 58:42.680]  Can you get that thing back on? I'm not done yet.
[58:42.680 --> 58:50.160]  Hang on. We'll be right back.
[58:50.160 --> 58:53.960]  Would you like to make more definite progress in your walk with God?
[58:53.960 --> 59:00.880]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.880 --> 59:06.080]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.080 --> 59:13.360]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.360 --> 59:18.320]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.320 --> 59:24.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.120 --> 59:27.800]  growing in Christ and how to build up the church.
[59:27.800 --> 59:33.760]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.760 --> 59:40.440]  call Bibles for America toll free at 888-551-0102.
[59:40.440 --> 59:51.200]  That's 888-551-0102 or visit us online at bfa.org.
[59:51.200 --> 01:00:02.680]  Live free speech radio, logosradionetwork.com.
[01:00:02.680 --> 01:00:10.440]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market.
[01:00:10.440 --> 01:00:22.960]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:22.960 --> 01:00:31.200]  Markets for the 6th of November, 2013 opened up with gold at $1,089.05 an ounce, silver at $14.73 an ounce,
[01:00:31.200 --> 01:00:43.840]  Texas crude, $45.20 a barrel, and Bitcoin is currently sitting at about $370 U.S. currency.
[01:00:43.840 --> 01:00:54.160]  Today in history, Monday, November 6, 1989, U.S. Marshals in the FCC sees pirate radio station WJPL 91.9 FM in Brooklyn, New York.
[01:00:54.160 --> 01:01:02.520]  Active in the 1980s, WJPL was hosted by John Lightning.
[01:01:02.520 --> 01:01:07.440]  In recent news, the U.N.'s new 6th emission gap report states that the promises, strategies,
[01:01:07.440 --> 01:01:15.120]  and projected cuts in emissions by the world's nations are a good start but fall short of what is needed to prevent global warming and climate change.
[01:01:15.120 --> 01:01:21.080]  They're saying that even if all the intended national determined contributions to INDCs are fully implemented,
[01:01:21.080 --> 01:01:25.760]  global temperatures will still rise around 3 degrees Celsius by 2100.
[01:01:25.760 --> 01:01:27.960]  That's one degree more than the suggested limit.
[01:01:27.960 --> 01:01:35.240]  More than 150 countries have submitted their national climate change strategies, which cover close to 90% of the world's emission contributors.
[01:01:35.240 --> 01:01:40.840]  The U.N. believes that zero net emissions could be achieved by offsetting the amount of carbon raised in the atmosphere
[01:01:40.840 --> 01:01:44.960]  through buying an equal to or greater amount of carbon credits to make up the difference.
[01:01:44.960 --> 01:01:57.320]  United Nations Environment Program, UNEP, says that the goal is to reach zero net emissions between 2060 and 2075.
[01:01:57.320 --> 01:02:00.600]  We're expecting the torrents meter shower for the next two weeks.
[01:02:00.600 --> 01:02:08.640]  Planet Earth will be passing through the stream of meteoroids derived from common Enki, which will appear to come from the constellation Taurus, hence the name the torrents.
[01:02:08.640 --> 01:02:13.280]  The debris of material Earth will be passing through is extensive and will last for several weeks.
[01:02:13.280 --> 01:02:15.560]  There is expected to be two separate showers.
[01:02:15.560 --> 01:02:21.720]  The south torrents peak is on Thursday, November 5th, and the north torrents peak will be a week later on Thursday, November 12th.
[01:02:21.720 --> 01:02:23.920]  Both are expected to be visible all night.
[01:02:23.920 --> 01:02:30.800]  The south torrents shower will appear to radiate from the southern Taurus constellation close to Omicron and Zetorai.
[01:02:30.800 --> 01:02:35.560]  The north torrents will radiate from the Pleiades constellation, one of the brightest constellations in the sky.
[01:02:35.560 --> 01:02:40.360]  If you want to try to photograph them, leave your camera shutter open for at least 30 seconds at a time.
[01:02:40.360 --> 01:02:51.680]  Make many exposures. Most, of course, will be blanks, but you may get lucky and capture a torrent or two.
[01:02:51.680 --> 01:03:05.400]  This was your Lowdown for November 6th, 2013.
[01:03:05.400 --> 01:03:12.160]  It's all according to the will of the Almighty.
[01:03:12.160 --> 01:03:19.800]  I read his book and he says he cares none for the unsightly.
[01:03:19.800 --> 01:03:24.880]  OK, we are back. Randy Kelton, we're on radio. Looks like Jessica dropped off.
[01:03:24.880 --> 01:03:32.400]  But there's a lot you can do. Don't take mistreatment laying down.
[01:03:32.400 --> 01:03:38.720]  During the break, I was looking through some provisions of the Uniform Commercial Code,
[01:03:38.720 --> 01:03:44.200]  and they seem to address the very issue Jessica brought.
[01:03:44.200 --> 01:03:52.480]  The buyer's limited right to recover the goods on the seller's insolvency is discussed in 3D Supra.
[01:03:52.480 --> 01:04:02.480]  The buyer is entitled to suspend his performance if he needs to, pending receipt of assurance demanded on grounds of insecurity.
[01:04:02.480 --> 01:04:10.920]  If the seller fails to assure the buyer's rights on repudiation,
[01:04:10.920 --> 01:04:16.800]  depending on identification, come into play, including the remedies discussed above.
[01:04:16.800 --> 01:04:28.000]  These are remedies, the primary remedy is rescission. And this is apparently saying that if the seller goes insolvent,
[01:04:28.000 --> 01:04:37.040]  then you have special remedies. I need to study this morning. They seem to use an odd language.
[01:04:37.040 --> 01:04:44.880]  We have English, we have legalese, but the Uniform Commercial Code has got a bunch of
[01:04:44.880 --> 01:04:49.200]  terms of art that's going to take some study to get them sorted out.
[01:04:49.200 --> 01:04:55.520]  But in the meantime, we're going to go to Charles in Georgia. Hello, Charles.
[01:04:55.520 --> 01:04:57.200]  How's it going to be, Randy?
[01:04:57.200 --> 01:05:06.160]  It's going good. OK, you were in a paternity issue where
[01:05:06.160 --> 01:05:11.840]  you found out you had a child you didn't know about, didn't know existed,
[01:05:11.840 --> 01:05:23.720]  or someone's claiming this is your child, and they're trying to get back child support or just current child support?
[01:05:23.720 --> 01:05:26.120]  At this point, I'm not sure what they're trying to get.
[01:05:26.120 --> 01:05:30.680]  The only thing I've got was an order to take a paternity test.
[01:05:30.680 --> 01:05:37.920]  So I'm not sure if they're trying to get the back child support or if they're trying to get child support currently.
[01:05:37.920 --> 01:05:45.360]  Did they do this? OK, apparently they filed a suit and you weren't noticed.
[01:05:45.360 --> 01:05:46.800]  Correct.
[01:05:46.800 --> 01:05:54.800]  OK, so what does the suit say? Have you ever got a copy of it?
[01:05:54.800 --> 01:05:56.880]  I do.
[01:05:56.880 --> 01:06:08.840]  The only thing, I'm not being sued right now, the only thing, well, I am being sued,
[01:06:08.840 --> 01:06:13.280]  but the only thing that the judge has ordered was order for paternity.
[01:06:13.280 --> 01:06:16.720]  So it doesn't say whether...
[01:06:16.720 --> 01:06:22.760]  Where does the judge get subject matter jurisdiction over you?
[01:06:22.760 --> 01:06:34.560]  That should, jurisdiction should be in the front, right after parties.
[01:06:34.560 --> 01:06:40.880]  See, you're not in Michigan. You're in Texas.
[01:06:40.880 --> 01:06:44.520]  Georgia, that's the way. I'm in Georgia.
[01:06:44.520 --> 01:06:47.080]  Oh, I'm sorry, Georgia.
[01:06:47.080 --> 01:07:03.720]  So how does a Michigan state judge get jurisdiction over a citizen of, over your foreign citizen?
[01:07:03.720 --> 01:07:07.920]  You're a citizen foreign to Michigan, you're not a citizen of Michigan, state of Michigan,
[01:07:07.920 --> 01:07:11.160]  you're a citizen of state of Texas, state of Georgia.
[01:07:11.160 --> 01:07:19.280]  So it should address, since the suit is filed against you and your address is Georgia,
[01:07:19.280 --> 01:07:30.120]  it should indicate how the court has jurisdiction to tell you to do anything.
[01:07:30.120 --> 01:07:35.960]  Well, unfortunately, the address goes to where my license is.
[01:07:35.960 --> 01:07:41.680]  And my license is actually a Michigan license, but I live in Georgia.
[01:07:41.680 --> 01:07:46.040]  Do you have a Michigan address on that license?
[01:07:46.040 --> 01:07:47.320]  Yes.
[01:07:47.320 --> 01:07:51.800]  They got you.
[01:07:51.800 --> 01:07:57.520]  Okay, you're stuck in Michigan.
[01:07:57.520 --> 01:08:03.640]  Is this a driver's license, a commercial license or some other type of license?
[01:08:03.640 --> 01:08:07.240]  Just a regular old driver's license.
[01:08:07.240 --> 01:08:11.960]  How long have you been in Georgia? Over six months?
[01:08:11.960 --> 01:08:15.840]  Four years. Yeah, four years.
[01:08:15.840 --> 01:08:20.040]  Four years. Okay, they got you.
[01:08:20.040 --> 01:08:30.840]  Because you have, you maintained a Michigan license, the presumption is that you're still a resident of Michigan.
[01:08:30.840 --> 01:08:33.280]  You're just absent from your residence.
[01:08:33.280 --> 01:08:40.640]  The license claims Michigan as your state of residence.
[01:08:40.640 --> 01:08:41.800]  Okay.
[01:08:41.800 --> 01:08:48.880]  So you won't get past that when you probably won't stay in the federal court either.
[01:08:48.880 --> 01:08:54.920]  Because you filed a removal, unless the other side doesn't get a remand in,
[01:08:54.920 --> 01:09:04.160]  how long ago did you file the removal?
[01:09:04.160 --> 01:09:06.560]  The 24th of October.
[01:09:06.560 --> 01:09:09.840]  Okay, so they still got a couple more weeks.
[01:09:09.840 --> 01:09:17.200]  What happened was he's in Georgia, they're in Michigan, they sued him to take a paternity test.
[01:09:17.200 --> 01:09:25.360]  And since he was in Georgia, I suggested they file a removal.
[01:09:25.360 --> 01:09:29.320]  And this is before I knew what the suit actually said.
[01:09:29.320 --> 01:09:35.000]  But kind of goes to how things really work.
[01:09:35.000 --> 01:09:38.920]  Technically, he doesn't have grounds to remove.
[01:09:38.920 --> 01:09:52.560]  However, if the other side doesn't raise an objection, and the judge looks at it and sees that you're in Georgia and the other party's in Michigan,
[01:09:52.560 --> 01:09:58.160]  he don't know that your license says you have an address in Michigan.
[01:09:58.160 --> 01:10:06.600]  So he may not remand it if the other side doesn't file a motion to remand.
[01:10:06.600 --> 01:10:11.600]  So it may stay in the Fed, you may get a shot at keeping it in the Fed.
[01:10:11.600 --> 01:10:23.280]  But in the end, did you have an objection to a paternity test?
[01:10:23.280 --> 01:10:27.560]  Not before I filed the removal.
[01:10:27.560 --> 01:10:32.200]  I didn't do that, I filed the removal first.
[01:10:32.200 --> 01:10:41.960]  I would have had an objection to taking the test because I'm here and they're there, and I would have.
[01:10:41.960 --> 01:10:56.520]  In the end, other than the fact that they did this without your knowledge, had they given you timely notice, would you have objected?
[01:10:56.520 --> 01:10:58.080]  Yes.
[01:10:58.080 --> 01:11:06.800]  Okay. Because if you didn't have an objection, I was going to suggest, you know, pick your fights real careful.
[01:11:06.800 --> 01:11:07.920]  If you don't want to have the fight.
[01:11:07.920 --> 01:11:21.160]  But with a license still reflecting that you live in Michigan, they have in their driving records,
[01:11:21.160 --> 01:11:30.040]  they have a valid active license claiming a residence in Michigan, you can't get past that.
[01:11:30.040 --> 01:11:42.280]  So in order to fight this, you may well have to get a lawyer in Michigan or go back up there,
[01:11:42.280 --> 01:11:48.120]  which could get real costly because if you have to travel a long way to get there,
[01:11:48.120 --> 01:12:02.880]  they'll get a continuance every time you get there until you run out of money, or until you run out of the will to fight them, they'll cheat.
[01:12:02.880 --> 01:12:08.320]  So you might look at a lawyer in Michigan.
[01:12:08.320 --> 01:12:17.640]  I should have asked this question earlier, it didn't occur to me to ask the right question.
[01:12:17.640 --> 01:12:26.200]  Well, so I kind of wish you actually had a question when you called and I never got to it.
[01:12:26.200 --> 01:12:28.520]  No, no, no, that's fine.
[01:12:28.520 --> 01:12:31.520]  No, we're getting to the meat of what's going on here.
[01:12:31.520 --> 01:12:36.360]  So that's good.
[01:12:36.360 --> 01:12:50.560]  I was looking through the Rule 12B6 that the Stanford Law Review had, and there's a couple of key words here that they come up with,
[01:12:50.560 --> 01:13:00.080]  which is called conclusory and plausibility, and they mention that probably about 56 times in this law review.
[01:13:00.080 --> 01:13:16.080]  There's 27 page law review that they have, and I've read through this whole thing once, and I'm still not understanding the gist of this 12B6, of it all and quantity.
[01:13:16.080 --> 01:13:21.440]  It will be, read it through a second time, it'll make more sense.
[01:13:21.440 --> 01:13:29.840]  Because once you've been through the whole thing and you go back, then you'll have referential index to what you're going to get to, and it'll help stitch it together.
[01:13:29.840 --> 01:13:38.360]  But essentially, what they're saying is, is for the last couple of hundred years, we filed notice pleadings.
[01:13:38.360 --> 01:13:48.240]  We just told them just basically what our claim was, but we didn't have to give facts in support of our claim.
[01:13:48.240 --> 01:13:50.080]  That we would do in court.
[01:13:50.080 --> 01:13:55.880]  But now they're saying, effectively, the courts are getting overcrowded.
[01:13:55.880 --> 01:14:09.840]  So they're saying, you really need to bring us enough facts so that it appears as though you have some probability that you'll be able to prevail in the end.
[01:14:09.840 --> 01:14:15.960]  We're not going to just take a case just because you say this guy did something bad to me.
[01:14:15.960 --> 01:14:28.200]  You're going to have to say, what did he do bad to you, how did it harm you, and what claim do you have in order to secure remedy from the harm?
[01:14:28.200 --> 01:14:35.240]  You have to give them enough so that they can weed out the cases that are absolutely not going to win.
[01:14:35.240 --> 01:14:40.880]  That seems to be, and this is my take on their rationale.
[01:14:40.880 --> 01:14:53.240]  But you just have to give them enough information, enough facts and law to show that you have a probability of winning your case.
[01:14:53.240 --> 01:14:56.000]  That makes sense.
[01:14:56.000 --> 01:14:59.840]  OK, OK.
[01:14:59.840 --> 01:15:01.840]  So you just have to give them details.
[01:15:01.840 --> 01:15:10.600]  You have to give them enough, you know, write a statement of facts and then write a statement of factual accusation or points and authorities.
[01:15:10.600 --> 01:15:14.120]  This is what the judge must do.
[01:15:14.120 --> 01:15:18.440]  He must determine the facts in accordance with the rules of evidence.
[01:15:18.440 --> 01:15:23.880]  Then he must apply the law as it comes to him to the facts in the case.
[01:15:23.880 --> 01:15:27.880]  Everything else is administrative or peripheral.
[01:15:27.880 --> 01:15:32.240]  If he tries to do anything else in court, he's out of line.
[01:15:32.240 --> 01:15:40.640]  So you have to give him facts, then give him law as it applies to those facts and show how.
[01:15:40.640 --> 01:15:47.200]  So when you file the petition, all of the facts you state, he will assume are true.
[01:15:47.200 --> 01:15:58.440]  And he's going to look at this and say, OK, with this set of facts and this law as it applies to those facts,
[01:15:58.440 --> 01:16:10.120]  if you these facts hold up to examination, then there's there's enough here to authorize me to give you remedy.
[01:16:10.120 --> 01:16:17.720]  But, you know, I get people sending me petitions all the time where I look at it and say.
[01:16:17.720 --> 01:16:19.080]  This is not a case.
[01:16:19.080 --> 01:16:28.400]  The judge can't give you the remedy you're asking for because they state a set of facts like in your case.
[01:16:28.400 --> 01:16:36.840]  You filed a removal, if somebody files a motion to remand you, you won't prevail.
[01:16:36.840 --> 01:16:46.000]  You can't prevail on a motion to remand because you can't give the judge reason to hold it in the federal court.
[01:16:46.000 --> 01:16:48.120]  And this is the kind of thing you're looking for.
[01:16:48.120 --> 01:16:50.800]  Hang on, pick this up on the other side.
[01:16:50.800 --> 01:17:00.720]  Randy Kelton, Wheel of Law Radio, a call in number 512-646-1984, we'll be right back.
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[01:18:49.800 --> 01:19:00.600]  That's RuleOfLawRadio.com, or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors now.
[01:19:00.600 --> 01:19:11.200]  This is the Logos Radio Network.
[01:19:11.200 --> 01:19:37.200]  Okay, we are back at Rule of Law Radio, and we're talking to Charles in Georgia.
[01:19:37.200 --> 01:19:47.200]  And what they're looking for is you file a complaint and you say the other side did this, this, this, and this.
[01:19:47.200 --> 01:19:51.200]  And I want you to give me this remedy.
[01:19:51.200 --> 01:20:01.400]  And the court looks at it and says, well, if he did all of those things, that's not enough to make a claim against him.
[01:20:01.400 --> 01:20:10.400]  So even if all of this stuff is true, that's not enough for us to be able to give you a ruling in your favor.
[01:20:10.400 --> 01:20:18.000]  And then they're going to reject it before they go through a long protracted trial.
[01:20:18.000 --> 01:20:25.800]  They assume all the facts that you state are true, and then they look at it to see if they could give you a remedy based on these facts.
[01:20:25.800 --> 01:20:32.400]  And one of the things is you claim all these violations under, say, the FDCPA.
[01:20:32.400 --> 01:20:38.200]  And I'm sorry, not FDCPA, the Moved State Settlement Procedures Act.
[01:20:38.200 --> 01:20:42.400]  But the time to make the claim has run.
[01:20:42.400 --> 01:20:50.800]  You can have a long, sophisticated, well-structured complaint, but the times ran out.
[01:20:50.800 --> 01:20:59.000]  And you make this argument based on equitable tolling, and they look at the argument and say there's no way you'll get this passed.
[01:20:59.000 --> 01:21:02.800]  So they're going to reject it for failure to state a claim on which recovery can be had.
[01:21:02.800 --> 01:21:06.600]  Is that making sense, Charles?
[01:21:06.600 --> 01:21:09.800]  Yeah. Yeah.
[01:21:09.800 --> 01:21:16.000]  That makes a lot more sense than, hey, failure to state a claim, because that actually just...
[01:21:16.000 --> 01:21:28.400]  It's not that you didn't state a claim, but failure to state a claim on which recovery can be had.
[01:21:28.400 --> 01:21:29.400]  Okay.
[01:21:29.400 --> 01:21:39.400]  So even though you may have valid claims, if they look at it and they see that there is like a statutory bar to making the claim,
[01:21:39.400 --> 01:21:54.600]  they're going to say, you know, you can't win this, or the facts you state don't lead to the conclusion you come to.
[01:21:54.600 --> 01:22:02.000]  But what it's turned into is, you know, we've helped 400 or 500 people file federal lawsuits,
[01:22:02.000 --> 01:22:13.600]  and every one of them, except I think two, got a 12b6 motion, and the judge granted almost every single one.
[01:22:13.600 --> 01:22:21.000]  No matter what we put in it didn't make any difference.
[01:22:21.000 --> 01:22:25.800]  They granted the motion to dismiss no matter what.
[01:22:25.800 --> 01:22:40.400]  So in the end, what it did was gave the judge discretion to decide if he wants to bother hearing a case or not.
[01:22:40.400 --> 01:22:43.600]  So that led to something else.
[01:22:43.600 --> 01:22:46.400]  You need to be creative.
[01:22:46.400 --> 01:22:54.200]  You need to find something that the judge may find interesting, some way to get him to want to hear your case.
[01:22:54.200 --> 01:23:01.800]  Again, we've come up with some interesting arguments, but when it comes to foreclosure,
[01:23:01.800 --> 01:23:12.000]  they just don't want to, I guess they have so many in the courts they don't want anymore, and they will dismiss it for any reason.
[01:23:12.000 --> 01:23:18.000]  It may not be solely because they've been bought and paid for.
[01:23:18.000 --> 01:23:27.000]  Although, you know, I truly believe they have been bought and paid for, but I don't think that's the only reason.
[01:23:27.000 --> 01:23:38.600]  The courts are just overcrowded, and this gave the judges a way to thin out their caseload.
[01:23:38.600 --> 01:23:44.400]  That may not be right, but it appears to be how it works in the world you and I live in.
[01:23:44.400 --> 01:23:46.600]  Right.
[01:23:46.600 --> 01:23:53.800]  Okay, so now you need a new strategy for what you want to do.
[01:23:53.800 --> 01:24:11.000]  For you, at the end of the day, over this issue, what would be an outcome you would be comfortable with?
[01:24:11.000 --> 01:24:14.400]  To be left alone.
[01:24:14.400 --> 01:24:19.200]  Okay, what if this actually is your child?
[01:24:19.200 --> 01:24:22.400]  Would you want to know that?
[01:24:22.400 --> 01:24:24.600]  Okay.
[01:24:24.600 --> 01:24:34.200]  At this point, I don't want to know, but if I'm forced to know, and if it is my child, now we have a whole other issue.
[01:24:34.200 --> 01:24:37.200]  See, now you've secreted me from my child for four years.
[01:24:37.200 --> 01:24:40.200]  You didn't tell me, didn't bother to notify me.
[01:24:40.200 --> 01:24:44.600]  So now that's another issue.
[01:24:44.600 --> 01:24:49.000]  Good, that's actually where I was going.
[01:24:49.000 --> 01:25:00.600]  You consider the consequences and ramifications of where you're going, and be ready for them before they get there.
[01:25:00.600 --> 01:25:07.200]  So you would be just fine not ever knowing.
[01:25:07.200 --> 01:25:17.000]  With what they're doing, the likelihood of that is somewhere between little and none.
[01:25:17.000 --> 01:25:25.000]  I can almost assure you, the court will grant an order for a DNA test.
[01:25:25.000 --> 01:25:31.600]  They do that easily because at this point, a DNA test is not invasive.
[01:25:31.600 --> 01:25:36.800]  Now, if they're asking for a blood test, that's a different matter.
[01:25:36.800 --> 01:25:41.000]  That goes to Constitution, corruption of blood.
[01:25:41.000 --> 01:25:46.800]  But DNA, you leave your DNA all over the place.
[01:25:46.800 --> 01:25:53.400]  So providing a DNA sample is not intrusive.
[01:25:53.400 --> 01:25:59.400]  So I guarantee the judge is going to grant that.
[01:25:59.400 --> 01:26:08.000]  So now, what do you do if it's not your child?
[01:26:08.000 --> 01:26:16.400]  If it's not my child, then I walk away being harassed for the last couple of months.
[01:26:16.400 --> 01:26:25.600]  So you're not planning on going after them for harassing you the last couple of months?
[01:26:25.600 --> 01:26:28.200]  That's what I was getting to.
[01:26:28.200 --> 01:26:32.600]  Yes, I would love to go after them for harassing me for the last couple of months.
[01:26:32.600 --> 01:26:42.800]  Yeah, but the reason, you know, people get, when someone uses a court against you,
[01:26:42.800 --> 01:26:48.400]  you feel threatened and put upon and angry and frustrated.
[01:26:48.400 --> 01:26:52.200]  And often, we want to pay them back.
[01:26:52.200 --> 01:26:55.200]  And that's why I address this.
[01:26:55.200 --> 01:27:02.200]  Before it gets there, if it turns out not to be your child, before you try to punish them,
[01:27:02.200 --> 01:27:11.800]  it may well be that the other side may be acting in the best of faith,
[01:27:11.800 --> 01:27:16.200]  for what they believe is the best interest of the child.
[01:27:16.200 --> 01:27:20.600]  And if you try to go after them for the harassment,
[01:27:20.600 --> 01:27:29.000]  there's only one you could probably get a shot at, and that's the lawyer.
[01:27:29.000 --> 01:27:43.000]  Did the lawyer do anything that seemed improper out of hand, other than annoying you?
[01:27:43.000 --> 01:27:51.200]  Other than moving forward and issuing this order without me knowing?
[01:27:51.200 --> 01:27:55.600]  They already issued this order in this court without me knowing.
[01:27:55.600 --> 01:28:05.600]  And then I get this letter saying, hey, buddy, you have a problem there.
[01:28:05.600 --> 01:28:10.400]  This thing with the license in Michigan.
[01:28:10.400 --> 01:28:14.800]  You know, when I first talked to you, I was under the impression that they were trying to,
[01:28:14.800 --> 01:28:22.200]  that they knew you were in Georgia and didn't make effort to locate you in Georgia.
[01:28:22.200 --> 01:28:27.800]  But if you have a driver's license in Michigan and it has an address on it,
[01:28:27.800 --> 01:28:32.600]  and they used that address, then they acted in good faith.
[01:28:32.600 --> 01:28:36.400]  The courts will say they acted in good faith.
[01:28:36.400 --> 01:28:45.000]  Since you have a license in Michigan, they had no reason to believe you were in another state.
[01:28:45.000 --> 01:28:51.000]  So how would they have found you?
[01:28:51.000 --> 01:28:59.000]  Well, they found me when they sent the letter to me saying, hey, buddy, you got an order.
[01:28:59.000 --> 01:29:03.200]  Because see, what has happened is my mom forwards all of my mail.
[01:29:03.200 --> 01:29:09.800]  So she forwarded this mail that she got, this piece of mail, not a certified letter, but this mail,
[01:29:09.800 --> 01:29:14.400]  saying that, hey, you have an appointment, buddy, for a DNA test.
[01:29:14.400 --> 01:29:16.800]  But there's no other letters that I have.
[01:29:16.800 --> 01:29:17.800]  Oh, hold on.
[01:29:17.800 --> 01:29:24.400]  So your mother was able to receive your mail at the address on your license?
[01:29:24.400 --> 01:29:25.200]  Yes.
[01:29:25.200 --> 01:29:29.600]  Oh, so they didn't give you notice?
[01:29:29.600 --> 01:29:31.800]  No, they did not.
[01:29:31.800 --> 01:29:35.200]  Okay, that's enough.
[01:29:35.200 --> 01:29:40.400]  That's enough that the judge may rule in your favor.
[01:29:40.400 --> 01:29:48.400]  But then they'll start it all over again, give you proper notice, and you'll wind up in the same place.
[01:29:48.400 --> 01:29:50.800]  Probably quicker than later.
[01:29:50.800 --> 01:29:51.400]  Hang on.
[01:29:51.400 --> 01:29:53.200]  Randy Kelton, Wheel of Law Radio.
[01:29:53.200 --> 01:29:56.600]  I'll call it number 512-646-1984.
[01:29:56.600 --> 01:30:01.400]  We'll be right back.
[01:30:01.400 --> 01:30:04.200]  Is it iPhone or iSpy?
[01:30:04.200 --> 01:30:11.600]  In Germany, one man had to file a lawsuit to learn how his cell phone carrier was tracking his every move 24-7.
[01:30:11.600 --> 01:30:15.700]  I'm Dr. Catherine Albrecht, and I'll have the creepy details in a moment.
[01:30:15.700 --> 01:30:17.800]  Privacy is under attack.
[01:30:17.800 --> 01:30:21.400]  When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.400 --> 01:30:31.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.600 --> 01:30:34.000]  Privacy, it's worth hanging on to.
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[01:30:45.000 --> 01:30:48.400]  Do you know how much data your cell phone company collects on you?
[01:30:48.400 --> 01:30:53.000]  In Germany, Green Party politician Malte Spitz didn't, so he asked.
[01:30:53.000 --> 01:30:55.600]  When his carrier objected, he sued.
[01:30:55.600 --> 01:30:58.600]  Tracking people's whereabouts is what phone companies do.
[01:30:58.600 --> 01:31:03.200]  To route calls efficiently, they ping customers' cell phones every few seconds.
[01:31:03.200 --> 01:31:09.200]  But when a court ordered Deutsche Telekom to cough up its records on Spitz, what he learned was shocking.
[01:31:09.200 --> 01:31:18.200]  In a six-month period, the company had logged his location 35,000 times, often to within a few hundred yards of his precise location.
[01:31:18.200 --> 01:31:21.400]  So the next time you turn on your cell phone, know this.
[01:31:21.400 --> 01:31:25.000]  Your carrier is not only watching, it's taking notes.
[01:31:25.000 --> 01:31:31.600]  Look up your Catherine Albrecht for Startpage.com, the world's most private search engine.
[01:31:31.600 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:37.000 --> 01:31:38.800]  The government says that fire brought it down.
[01:31:38.800 --> 01:31:44.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.000 --> 01:31:46.800]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.800 --> 01:31:49.600]  But thousands of my fellow force responders are dying.
[01:31:49.600 --> 01:31:51.000]  I'm not a conspiracy theorist.
[01:31:51.000 --> 01:31:52.000]  I'm a structural engineer.
[01:31:52.000 --> 01:31:53.400]  I'm a New York City correction officer.
[01:31:53.400 --> 01:31:54.400]  I'm an Air Force pilot.
[01:31:54.400 --> 01:31:56.000]  I'm a father who lost his son.
[01:31:56.000 --> 01:31:58.600]  We're Americans, and we deserve the truth.
[01:31:58.600 --> 01:32:01.800]  Go to RememberBuilding7.org today.
[01:32:01.800 --> 01:32:04.200]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:04.200 --> 01:32:07.200]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.200 --> 01:32:11.800]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
[01:32:11.800 --> 01:32:15.400]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:15.400 --> 01:32:22.000]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:22.000 --> 01:32:27.600]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:27.600 --> 01:32:33.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:33.000 --> 01:32:39.400]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:39.400 --> 01:32:46.400]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:46.400 --> 01:32:51.400]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.400 --> 01:32:57.600]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.600 --> 01:32:59.800]  Discounts are based on full roof replacement.
[01:32:59.800 --> 01:33:04.000]  May not actually be kidding about chemtrails.
[01:33:04.000 --> 01:33:05.600]  Looking for some truth?
[01:33:05.600 --> 01:33:06.900]  You found it.
[01:33:06.900 --> 01:33:22.400]  LogosradioNetwork.com.
[01:33:36.900 --> 01:33:56.600]  Okay, we are back.
[01:33:56.600 --> 01:34:01.400]  We're helping with our radio, and we're talking to Charles in Georgia.
[01:34:01.400 --> 01:34:06.200]  So, hold on, let me get you unmuted there.
[01:34:06.200 --> 01:34:07.900]  There we go.
[01:34:07.900 --> 01:34:15.400]  Okay, so you just want to be, okay, let me reorient myself here.
[01:34:15.400 --> 01:34:24.200]  Apparently, the lawyer did not give any notification.
[01:34:24.200 --> 01:34:31.800]  Is that, so if he has sent something to the address on the license, your mother would have got that, correct?
[01:34:31.800 --> 01:34:35.400]  Exactly, yes.
[01:34:35.400 --> 01:34:41.600]  So, if you want to go after him, you might ask for sanctions against the lawyer
[01:34:41.600 --> 01:34:51.400]  and ask the court, you know, file a motion to dismiss based on lack of notice.
[01:34:51.400 --> 01:34:54.000]  And that will almost certainly get that overturned.
[01:34:54.000 --> 01:35:07.800]  And then if you do, then they will give you notice this time and start the whole process over again.
[01:35:07.800 --> 01:35:13.800]  The next time they'll get the paternity test, I guarantee it.
[01:35:13.800 --> 01:35:15.200]  Okay.
[01:35:15.200 --> 01:35:22.400]  All right, so now another thing I was asking, because I did, I sent that notice of removal.
[01:35:22.400 --> 01:35:25.600]  I haven't heard anything back since I sent it.
[01:35:25.600 --> 01:35:33.800]  But in my notice of removal, I had put unwittingly,
[01:35:33.800 --> 01:35:40.400]  this is a notice of removal to the U.S. Federal Court of Appeals Sixth Circuit.
[01:35:40.400 --> 01:35:42.800]  And I should have just put this one.
[01:35:42.800 --> 01:35:45.000]  That don't matter.
[01:35:45.000 --> 01:35:49.600]  You gave him a notice of removal.
[01:35:49.600 --> 01:35:53.400]  If you put something direct in them to remove it to a certain place,
[01:35:53.400 --> 01:35:55.600]  it's not going to make any difference.
[01:35:55.600 --> 01:36:04.000]  Unless they took that as an error and ignored your notice of removal.
[01:36:04.000 --> 01:36:10.600]  And if they did, and I were you, I would not raise an issue because you really,
[01:36:10.600 --> 01:36:16.200]  because of that license in Michigan, you have no grounds for removal.
[01:36:16.200 --> 01:36:19.800]  And it might, the federal court might, you might get a,
[01:36:19.800 --> 01:36:28.000]  you might get the federal courts to sanction you if you're not careful.
[01:36:28.000 --> 01:36:30.600]  Okay.
[01:36:30.600 --> 01:36:35.400]  Yeah, when I suggested removal, it was based on you living in Georgia
[01:36:35.400 --> 01:36:38.200]  and her living in Michigan.
[01:36:38.200 --> 01:36:48.000]  But with the Michigan address, removal was not an option.
[01:36:48.000 --> 01:36:49.800]  So I'd be careful what I thought.
[01:36:49.800 --> 01:36:52.800]  You don't fight something just because you can because, you know,
[01:36:52.800 --> 01:36:59.800]  if you annoy that federal judge and you don't have standing, he can sanction you.
[01:36:59.800 --> 01:37:02.200]  All right, yeah, that's not good.
[01:37:02.200 --> 01:37:04.800]  Okay, so now here I am with this.
[01:37:04.800 --> 01:37:06.600]  And I'm going to have to go.
[01:37:06.600 --> 01:37:11.800]  I mean, initially, I'm scheduled to be taking this test on November the 20th.
[01:37:11.800 --> 01:37:16.400]  So I guess I need to be figuring something out here soon from somewhere
[01:37:16.400 --> 01:37:21.800]  because I don't have money to be going out there at this point right now.
[01:37:21.800 --> 01:37:25.600]  Wait, where do they want you to go?
[01:37:25.600 --> 01:37:27.000]  To Michigan, to...
[01:37:27.000 --> 01:37:33.000]  Oh, yeah, just give them notice that you don't, you no longer live in Michigan,
[01:37:33.000 --> 01:37:40.000]  or just tell them that you're in Georgia and it would be an unreasonable imposition
[01:37:40.000 --> 01:37:50.400]  to have you go to Michigan to give this sample when it can be done just as easily in Georgia.
[01:37:50.400 --> 01:37:57.400]  Okay, so not a removal notice, just a regular...
[01:37:57.400 --> 01:38:15.000]  Yeah, just either ask them to vacate the order or ask them to select a place in Georgia.
[01:38:15.000 --> 01:38:19.400]  Okay.
[01:38:19.400 --> 01:38:28.800]  But if you ask them to vacate the order, good chance they will, but then they'll just reset it.
[01:38:28.800 --> 01:38:31.200]  You don't want to tell them that you're living in Georgia
[01:38:31.200 --> 01:38:37.600]  because then they'll come after you for not switching your license over.
[01:38:37.600 --> 01:38:48.400]  So you're visiting in Georgia, extended.
[01:38:48.400 --> 01:38:50.400]  Okay.
[01:38:50.400 --> 01:38:52.800]  Yep, that sounds good.
[01:38:52.800 --> 01:38:55.600]  Okay, well, good luck with it.
[01:38:55.600 --> 01:38:56.800]  Thank you, William.
[01:38:56.800 --> 01:38:57.600]  You're welcome.
[01:38:57.600 --> 01:39:04.400]  Okay, when we started the show, we don't have any callers, call boards are open.
[01:39:04.400 --> 01:39:18.000]  When I started the show today, our producer wanted me to talk about credit card, debt collectors.
[01:39:18.000 --> 01:39:22.000]  About what do you do when you get a call from a debt collector?
[01:39:22.000 --> 01:39:30.400]  I've got two or three that call me over, one of them's $30 and one of them's about $50.
[01:39:30.400 --> 01:39:33.600]  I didn't pay them because I was mad at them.
[01:39:33.600 --> 01:39:38.000]  And I don't do credit anyway, don't have any credit cards.
[01:39:38.000 --> 01:39:41.000]  I don't owe any money other than this minor stuff.
[01:39:41.000 --> 01:39:47.000]  So my credit, because of this, is not very good, but I don't really care because I don't use credit.
[01:39:47.000 --> 01:39:53.000]  But I get calls from these guys every once in a while and I have great fun at their expense.
[01:39:53.000 --> 01:39:57.600]  So what do you do if a debt collector calls you?
[01:39:57.600 --> 01:40:04.400]  What they tend to do is they call you and start asking very personal questions.
[01:40:04.400 --> 01:40:15.000]  And I guess it's because most people get intimidated by that and they think this is someone real important or someone with authority
[01:40:15.000 --> 01:40:26.000]  because they speak as if they have authority and they tend to coerce you that way into responding to them.
[01:40:26.000 --> 01:40:32.600]  Well, I'm hoping that people listening to this show get over that part.
[01:40:32.600 --> 01:40:43.400]  When I get a call from someone and they start asking me questions, I never ever answer their questions.
[01:40:43.400 --> 01:40:50.800]  I ask them who they are and if they tell me that they can't tell me who I am until I've identified myself,
[01:40:50.800 --> 01:40:55.600]  then goodbye, I hang up immediately.
[01:40:55.600 --> 01:41:02.800]  If they want to get a hold of me, if a debt collector wants to talk to me, they can do it in a letter.
[01:41:02.800 --> 01:41:06.400]  So if I have a letter, now I have someone to respond to.
[01:41:06.400 --> 01:41:17.400]  If you talk to them on the phone, you have a problem that they can make any claim about the conversation they want to.
[01:41:17.400 --> 01:41:25.000]  They'll have their side, they'll have it recorded and if they can get you to say something that works in their behalf,
[01:41:25.000 --> 01:41:26.600]  then they keep the recording.
[01:41:26.600 --> 01:41:31.600]  If they say something stupid or improper, then they delete the recording.
[01:41:31.600 --> 01:41:35.200]  Never ever talk to a debt collector.
[01:41:35.200 --> 01:41:45.000]  A debt collector calls, asks him to send you contact information so you can prepare and file a debt validation letter.
[01:41:45.000 --> 01:41:50.200]  Once the debt has been validated, then we talk.
[01:41:50.200 --> 01:42:03.600]  If you, in your debt validation letter, make sure you put in there a prohibition against contacting you by phone,
[01:42:03.600 --> 01:42:07.000]  contacting you at home, contacting you at work.
[01:42:07.000 --> 01:42:18.200]  You order them not to contact any of your friends or any of your neighbors and make all communications in writing.
[01:42:18.200 --> 01:42:24.600]  If you talk to them, they will make up all kinds of stories about what was said and try to hold you responsible for it.
[01:42:24.600 --> 01:42:37.200]  So don't talk to them unless you have filed a debt validation letter with the restriction against calling and they're still calling.
[01:42:37.200 --> 01:42:43.600]  Then you take a ledger and keep a log of every time they call.
[01:42:43.600 --> 01:42:54.400]  Jeff said, if he's listening, he may want to come in and tell us about the woman in Kansas City who got a call from a debt collector
[01:42:54.400 --> 01:43:05.400]  about a debt of someone apparently with a similar name or the same name, but it was the wrong person, $1,400 debt.
[01:43:05.400 --> 01:43:10.400]  Well, they got a hold of the wrong person because she fought them.
[01:43:10.400 --> 01:43:25.800]  And apparently they harassed her enough that a jury granted her, I think, $83 million over a $1,400 debt.
[01:43:25.800 --> 01:43:34.200]  In order to get any kind of relief of that nature, you have to have everything documented.
[01:43:34.200 --> 01:43:45.600]  So if you've filed a debt validation letter and you've ordered them not to call or they continue to call, keep a log and keep a log of what was said.
[01:43:45.600 --> 01:43:48.800]  It doesn't hurt if you can get them to say something really stupid.
[01:43:48.800 --> 01:43:55.400]  Hang on, Randy Kelton, will our radio call in number 512-646-1984?
[01:43:55.400 --> 01:44:00.200]  We'll be right back.
[01:44:00.200 --> 01:44:04.200]  You feel tired when talking about important topics like money and politics?
[01:44:04.200 --> 01:44:08.200]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.200 --> 01:44:13.200]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.200 --> 01:44:19.200]  Hi, my name is Steve Holt and like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.200 --> 01:44:25.200]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:25.200 --> 01:44:30.200]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.200 --> 01:44:36.200]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
[01:44:36.200 --> 01:44:43.200]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:43.200 --> 01:44:54.200]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:54.200 --> 01:45:00.200]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
[01:45:00.200 --> 01:45:04.200]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.200 --> 01:46:39.200]  As we sow, so shall we reap.
[01:46:39.200 --> 01:46:59.200]  As we sow, so shall we reap.
[01:46:59.200 --> 01:47:17.200]  As we sow, so shall we reap.
[01:47:17.200 --> 01:47:33.200]  As we sow, so shall we reap.
[01:47:47.200 --> 01:47:54.200]  Okay.
[01:47:54.200 --> 01:47:57.200]  Robert, are we up?
[01:47:57.200 --> 01:47:58.200]  Okay.
[01:47:58.200 --> 01:48:07.200]  Jeff, Jeff, are you there?
[01:48:07.200 --> 01:48:09.200]  Okay.
[01:48:09.200 --> 01:48:12.200]  Sorry, folks, we had a little technical difficulty.
[01:48:12.200 --> 01:48:14.200]  I think it was on my end.
[01:48:14.200 --> 01:48:23.200]  My Internet kind of crashed out there for a moment, and we were talking about what to do when a debt collector calls.
[01:48:23.200 --> 01:48:30.200]  And I understand that Jeff Sedgwick is on with us.
[01:48:30.200 --> 01:48:33.200]  I don't see him up.
[01:48:33.200 --> 01:48:45.200]  But Jeff, if you're there, if you call again, try coming back, or Robert is our producer, and Robert, call Jeff on Skype and bring him up if you can.
[01:48:45.200 --> 01:48:52.200]  But Jeff is my resident expert on debt collection.
[01:48:52.200 --> 01:48:56.200]  I do primarily foreclosure issues.
[01:48:56.200 --> 01:49:02.200]  I know some about debt collection, but it's not my primary area of expertise.
[01:49:02.200 --> 01:49:08.200]  But anyway, I'll continue with the best I know about debt collection.
[01:49:08.200 --> 01:49:13.200]  We do have a number of people who have followed the Mike Mears method.
[01:49:13.200 --> 01:49:19.200]  Jeff has his own program where they help people with debt.
[01:49:19.200 --> 01:49:28.200]  But he has been, I know a number of people who have gotten the debt collectors to pay them to go away and leave them alone.
[01:49:28.200 --> 01:49:33.200]  There are some things.
[01:49:33.200 --> 01:49:35.200]  Jeff is on the bridge unmuted.
[01:49:35.200 --> 01:49:38.200]  My bridge doesn't show him.
[01:49:38.200 --> 01:49:41.200]  Jeff, are you there?
[01:49:41.200 --> 01:49:43.200]  You must be on the wrong bridge.
[01:49:43.200 --> 01:49:47.200]  We're having a little technical issues at the moment.
[01:49:47.200 --> 01:49:49.200]  Apparently, he dropped.
[01:49:49.200 --> 01:50:01.200]  So what was that? Mark from Michigan, Mark from Wisconsin, he calls him pretty regular.
[01:50:01.200 --> 01:50:09.200]  He had two credit cards, and the debt collectors paid him to go away and leave them alone.
[01:50:09.200 --> 01:50:13.200]  The debt collectors do everything wrong.
[01:50:13.200 --> 01:50:17.200]  We've got all these consumer protection laws there to protect us.
[01:50:17.200 --> 01:50:21.200]  And the debt collectors just ignore them.
[01:50:21.200 --> 01:50:24.200]  We've got laws to prevent them from using certain techniques.
[01:50:24.200 --> 01:50:25.200]  They don't care.
[01:50:25.200 --> 01:50:27.200]  They use them anyway.
[01:50:27.200 --> 01:50:34.200]  They are blatantly and in your face in violation of the consumer protection laws.
[01:50:34.200 --> 01:50:36.200]  They don't care.
[01:50:36.200 --> 01:50:42.200]  They make so much money doing it wrong, so they don't care.
[01:50:42.200 --> 01:50:44.200]  They never want to watch somebody sting someone.
[01:50:44.200 --> 01:50:45.200]  That's the cost of doing business.
[01:50:45.200 --> 01:50:50.200]  So we try to help you be the cost of doing business.
[01:50:50.200 --> 01:50:52.200]  Jeff, are you there?
[01:50:52.200 --> 01:50:54.200]  Yes, I am.
[01:50:54.200 --> 01:50:55.200]  There you go.
[01:50:55.200 --> 01:50:56.200]  Okay.
[01:50:56.200 --> 01:50:59.200]  Will you correct all of my errors?
[01:50:59.200 --> 01:51:02.200]  Oh, you're not all together wrong.
[01:51:02.200 --> 01:51:03.200]  Okay.
[01:51:03.200 --> 01:51:08.200]  But let's see we can improve upon.
[01:51:08.200 --> 01:51:13.200]  You get a phone call from a debt collector.
[01:51:13.200 --> 01:51:18.200]  You say, I myself, you know, if I don't know who they are,
[01:51:18.200 --> 01:51:23.200]  I don't give out any information as to who they're calling about.
[01:51:23.200 --> 01:51:26.200]  Would you?
[01:51:26.200 --> 01:51:28.200]  I certainly wouldn't.
[01:51:28.200 --> 01:51:36.200]  And if they gave you a name like, say, NCO or MCM, do you know who they are?
[01:51:36.200 --> 01:51:38.200]  I have no idea.
[01:51:38.200 --> 01:51:43.200]  Okay, if I were to call you up and say my name was Judge Reinhold,
[01:51:43.200 --> 01:51:48.200]  who might you think that was?
[01:51:48.200 --> 01:51:49.200]  I would think it was some judge.
[01:51:49.200 --> 01:51:52.200]  I would want to know what jurisdiction he was a judge in.
[01:51:52.200 --> 01:51:55.200]  What is a judge doing calling me?
[01:51:55.200 --> 01:51:57.200]  Do you know who that actually is?
[01:51:57.200 --> 01:51:58.200]  No.
[01:51:58.200 --> 01:52:01.200]  That's a comedic Hollywood actor.
[01:52:01.200 --> 01:52:03.200]  His first name is Judge.
[01:52:03.200 --> 01:52:05.200]  Oh, okay.
[01:52:05.200 --> 01:52:11.200]  If I called up and said I was Major Owen, who might you think I was?
[01:52:11.200 --> 01:52:17.200]  I would get the impression that you were a major in a military organization.
[01:52:17.200 --> 01:52:20.200]  Well, actually, that's a U.S. Congressman whose first name is Major.
[01:52:20.200 --> 01:52:21.200]  Major.
[01:52:21.200 --> 01:52:23.200]  So your point is...
[01:52:23.200 --> 01:52:26.200]  You don't know who you're talking to, so why are you giving out information?
[01:52:26.200 --> 01:52:27.200]  Exactly.
[01:52:27.200 --> 01:52:34.200]  And just because they give you a name doesn't mean you know who you're talking to.
[01:52:34.200 --> 01:52:35.200]  Okay.
[01:52:35.200 --> 01:52:41.200]  What I always do is tell them I don't discuss these matters on the phone.
[01:52:41.200 --> 01:52:47.200]  Send me something in writing so that I can prepare that validation letter.
[01:52:47.200 --> 01:52:51.200]  You don't need to do that, because here's why.
[01:52:51.200 --> 01:52:56.200]  If they are a debt collector and they believe that they have contacted you,
[01:52:56.200 --> 01:53:03.200]  they're mandated by law to send a dunning letter to you within five days of that contact.
[01:53:03.200 --> 01:53:05.200]  Oh, oops.
[01:53:05.200 --> 01:53:07.200]  Ooh, okay.
[01:53:07.200 --> 01:53:11.200]  That's what you have to receive it, and that's what you have to receive it within five days.
[01:53:11.200 --> 01:53:15.200]  It has to be mailed within five days.
[01:53:15.200 --> 01:53:19.200]  That's the correction I'm making.
[01:53:19.200 --> 01:53:24.200]  After you get that, they give you 30 days in which to dispute and demand validation.
[01:53:24.200 --> 01:53:32.200]  My suggestion is the day that you get that, you send your dispute and demand for validation
[01:53:32.200 --> 01:53:35.200]  that day, if possible, the next day at the latest.
[01:53:35.200 --> 01:53:39.200]  Because you only have 30 days, and if you put that on your desk,
[01:53:39.200 --> 01:53:43.200]  you're going to put something on top of wherever it was you put it on your desk,
[01:53:43.200 --> 01:53:48.200]  and it's going to get buried, and it's going to not get handled in a timely manner.
[01:53:48.200 --> 01:53:56.200]  So that day or the next day, get your dispute and demand for validation into the mail, certified mail.
[01:53:56.200 --> 01:54:02.200]  So I need a dispute and validation.
[01:54:02.200 --> 01:54:04.200]  How about this?
[01:54:04.200 --> 01:54:08.200]  It's not my intent to not pay any debts.
[01:54:08.200 --> 01:54:10.200]  I won't fail.
[01:54:10.200 --> 01:54:15.200]  I dispute this debt, and then you validate it sincerely.
[01:54:15.200 --> 01:54:16.200]  That's what I was hoping for.
[01:54:16.200 --> 01:54:17.200]  Something really simple.
[01:54:17.200 --> 01:54:19.200]  I don't know who you are.
[01:54:19.200 --> 01:54:22.200]  I don't know that I entered into a contract with you.
[01:54:22.200 --> 01:54:24.200]  Who are you?
[01:54:24.200 --> 01:54:26.200]  Validate this debt.
[01:54:26.200 --> 01:54:28.200]  Validate this debt.
[01:54:28.200 --> 01:54:33.200]  You don't even have to put that other stuff that you just got through reciting.
[01:54:33.200 --> 01:54:34.200]  You'll need to put that in there.
[01:54:34.200 --> 01:54:38.200]  It's superfluous.
[01:54:38.200 --> 01:54:41.200]  It's not my intent to not pay any debt that I lawfully owe.
[01:54:41.200 --> 01:54:45.200]  I dispute this debt, and I demand validation.
[01:54:45.200 --> 01:54:46.200]  That's it, sincerely.
[01:54:46.200 --> 01:54:47.200]  Good day.
[01:54:47.200 --> 01:54:49.200]  Certified mail.
[01:54:49.200 --> 01:54:51.200]  It's that simple.
[01:54:51.200 --> 01:54:58.200]  I probably need to build a form for that and stick it up on the jurisprudence website.
[01:54:58.200 --> 01:55:02.200]  You could.
[01:55:02.200 --> 01:55:08.200]  You cannot get one of these nine-yard-long letters off the internet and send that in.
[01:55:08.200 --> 01:55:11.200]  It will be ignored.
[01:55:11.200 --> 01:55:13.200]  Well, that's kind of what we hope, isn't it?
[01:55:13.200 --> 01:55:14.200]  No.
[01:55:14.200 --> 01:55:17.200]  You want to make some money doing this.
[01:55:17.200 --> 01:55:21.200]  Oh, so if they ignore it, how do we make money?
[01:55:21.200 --> 01:55:24.200]  There's a penalty.
[01:55:24.200 --> 01:55:28.200]  The longer you let it sit, the longer they ignore it, the more people get involved,
[01:55:28.200 --> 01:55:36.200]  the more defendants you have, the more defendants you have, the more money you make.
[01:55:36.200 --> 01:55:40.200]  So how much do you make per defendant?
[01:55:40.200 --> 01:55:48.200]  Well, under FDCPA, you can only get $1,000 per defendant per case.
[01:55:48.200 --> 01:55:50.200]  So you need more than one defendant.
[01:55:50.200 --> 01:55:56.200]  Yeah, I wouldn't say that you need it, but you sure would like to have it.
[01:55:56.200 --> 01:55:59.200]  So how do you get different defendants?
[01:55:59.200 --> 01:56:05.200]  Well, usually when they turn around, if it's a debt collector and or a debt buyer,
[01:56:05.200 --> 01:56:10.200]  well, that's one, then they hire an attorney who sends you a Dunning letter.
[01:56:10.200 --> 01:56:16.200]  So you've got the attorney in the law firm, and if there's a second one that files a case in the court on you,
[01:56:16.200 --> 01:56:24.200]  now you've got three, and if somebody enters into the case during the case, now you've got four.
[01:56:24.200 --> 01:56:26.200]  Okay, that was what I was trying to figure out.
[01:56:26.200 --> 01:56:31.200]  If somebody sends you a letter and they've got their name on it, did they become a potential defendant?
[01:56:31.200 --> 01:56:33.200]  Not potential.
[01:56:33.200 --> 01:56:36.200]  Okay, that's what I want to be sure that they would be.
[01:56:36.200 --> 01:56:41.200]  If any letter I get, you know, this is what I've been telling people about.
[01:56:41.200 --> 01:56:44.200]  Let's caveat that just a little bit.
[01:56:44.200 --> 01:56:58.200]  If they're a lawyer and with a law firm, yeah, if you've got some person who sits in a call center, no, not going to happen.
[01:56:58.200 --> 01:57:00.200]  The judge isn't going to allow that to happen.
[01:57:00.200 --> 01:57:04.200]  Somebody's got a nine-to-five job, and they're just doing their job.
[01:57:04.200 --> 01:57:07.200]  Lawyer's a different story.
[01:57:07.200 --> 01:57:16.200]  Lawyer's actually acting as a debt collector, whereas the guy sitting behind the desk in a call center, he's just doing a job.
[01:57:16.200 --> 01:57:21.200]  Yeah, but he's going to feed you his boss.
[01:57:21.200 --> 01:57:36.200]  He's going to feed you, well, he's going to feed you the debt collector or the debt buyer, yes, but you don't get to sue him personally.
[01:57:36.200 --> 01:57:47.200]  Are the call centers, does each debt collector have its own call center, or do they use contract call centers?
[01:57:47.200 --> 01:57:54.200]  That I do not know for certain on debt collection.
[01:57:54.200 --> 01:58:02.200]  I had a friend that worked for a call center, and they did calls, they're calling for all kinds of different people.
[01:58:02.200 --> 01:58:08.200]  That's all they did was calling, and they had all kinds of different clients that do the call center, calling for it.
[01:58:08.200 --> 01:58:13.200]  I'm betting debt collectors have higher-up call centers.
[01:58:13.200 --> 01:58:24.200]  Well, I work for a call center, and we did call for banks, but it was soliciting to increase,
[01:58:24.200 --> 01:58:34.200]  or get people to increase their credit restriction, their credit level, whatever you want to call it, the amount of credit.
[01:58:34.200 --> 01:58:37.200]  Yeah, limit, credit limit.
[01:58:37.200 --> 01:58:45.200]  They don't really automatically award that, they seek your permission to grant that.
[01:58:45.200 --> 01:58:50.200]  I do not know of anyone.
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