ROL_2015-12-11_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:28.000]  Markets for the 11th of December, 2015, open up with gold at $1,070.62 an ounce, silver
[00:28.000 --> 00:34.000]  at $10.11 an ounce, Texas crude at $36.76 a barrel, and Bitcoin is currently sitting
[00:34.000 --> 00:43.000]  at about $420 U.S. currency.
[00:43.000 --> 00:48.000]  Today in history, Thursday, December 11, 1913, the Mona Lisa stolen from the world's most
[00:48.000 --> 00:53.000]  visited museum, the iconic Louvre Museum in France, is finally recovered.
[00:53.000 --> 00:59.000]  It was snatched from the world's biggest museum just two years prior by Vincenzo Perugia on
[00:59.000 --> 01:05.000]  August 21, 1911.
[01:05.000 --> 01:09.000]  In recent news, the use of big pharma and big agriculture is causing certain bacteria
[01:09.000 --> 01:14.000]  to develop resistance to the antibiotics being used on animals farmed for human consumption.
[01:14.000 --> 01:17.000]  This issue has spurred recommendations released in a report commissioned by British Prime
[01:17.000 --> 01:20.000]  Minister David Cameron earlier this week.
[01:20.000 --> 01:24.000]  Economist Jim O'Neill, who heads the commission, told The Guardian that, quote,
[01:24.000 --> 01:26.000]  It's time for policymakers to act on this.
[01:26.000 --> 01:30.000]  We need to radically reduce global use of antibiotics, and to do this, we need world
[01:30.000 --> 01:34.000]  leaders to agree on an ambitious target to lower levels, along with restricting the use
[01:34.000 --> 01:36.000]  of antibiotics important to humans.
[01:36.000 --> 01:41.000]  This creates a big resistance risk for everyone, which was highlighted by the recent Chinese
[01:41.000 --> 01:46.000]  finding of resistance to colostin, an important last resort antibiotic which has been used
[01:46.000 --> 01:48.000]  extensively in animals.
[01:48.000 --> 01:53.000]  The review on antimicrobial resistance estimates global antibiotic consumption in agriculture
[01:53.000 --> 01:59.000]  anywhere from 63,000 to 240,000 tons, with these figures predicted to rise at 67% from
[01:59.000 --> 02:05.000]  2010 to 2030 due to Brazil, Russia, India, China, and South African nations increasing
[02:05.000 --> 02:09.000]  their antibiotic use by as much as 99% in the next two decades as well.
[02:09.000 --> 02:13.000]  Critics of the proposal cite shortages or price hikes on antibiotics as a result of
[02:13.000 --> 02:18.000]  the restrictionist policies that would have to be enforced over production and distribution.
[02:23.000 --> 02:27.000]  French Foreign Minister Laurent Fabius says that the COP21 climate talks he is co-hosting
[02:27.000 --> 02:33.000]  outside of Paris will not end today as scheduled, but will be extended at least until tomorrow.
[02:33.000 --> 02:37.000]  Diplomats and other top officials from more than 190 countries are agreeing on the final
[02:37.000 --> 02:41.000]  details of the global initiative to reduce man-made carbon emissions.
[02:41.000 --> 02:43.000]  There is still work to do.
[02:43.000 --> 02:45.000]  Things are going in the right direction, he said.
[02:45.000 --> 02:48.000]  Another crucial factor is China, the US, and other nations trying to figure out who is
[02:48.000 --> 02:53.000]  paying what for the multi-trillion dollar transition to clean energy on a global scale.
[02:53.000 --> 03:10.000]  This is your Lowdown for December 11, 2015.
[03:23.000 --> 03:33.000]  Okay, folks, we are back, and we still have Mike Mears with us.
[03:33.000 --> 03:37.000]  He has agreed to stay on with us to finish up these calls, and we have a few other things
[03:37.000 --> 03:42.000]  we're going to talk about as well concerning all of this business with the debt collectors.
[03:42.000 --> 03:50.000]  And before we go back to David, you were just mentioning on the break, Mike, about the Federal
[03:50.000 --> 03:54.000]  Trade Commission is now getting involved with cracking down on these debt collectors.
[03:54.000 --> 03:56.000]  Why don't you tell us a little bit about that?
[03:56.000 --> 04:02.000]  Well, I don't have the case information up here in front of me, but I know, and Jeff,
[04:02.000 --> 04:11.000]  thank you, I got that from your group, that they are combining up the FTC with this other
[04:11.000 --> 04:16.000]  group, and they're starting to crack down harder, even more harder than I was surprised
[04:16.000 --> 04:21.000]  when I read this thing that I thought would happen on these debt collectors, holding them
[04:21.000 --> 04:25.000]  to tighter responsibilities in doing debt collection.
[04:25.000 --> 04:29.000]  And it's going to be anxious to see where this goes in the next few months, because
[04:29.000 --> 04:32.000]  they're really starting to come down on it even more so now.
[04:32.000 --> 04:38.000]  And I thought I was bad, but maybe these guys will get bad, start doing the right thing.
[04:38.000 --> 04:47.000]  But, you know, debt collectors, stories I've heard and things I've seen, it just blows
[04:47.000 --> 04:51.000]  my mind what they can get away with, and nobody knows what to do against them.
[04:51.000 --> 04:53.000]  That's scary work.
[04:53.000 --> 04:58.000]  They do it, they know my stuff, but that's another story.
[04:58.000 --> 04:59.000]  Yep.
[04:59.000 --> 05:05.000]  Well, they're scumbags and they're scamming, and we can prove it, and one of the ways to
[05:05.000 --> 05:13.000]  prove it is, well, you know, they can't prove that they have a contract with the original
[05:13.000 --> 05:15.000]  creditor, okay?
[05:15.000 --> 05:16.000]  Right.
[05:16.000 --> 05:20.000]  That's one of their many Achilles' heels, okay?
[05:20.000 --> 05:22.000]  They can't prove that.
[05:22.000 --> 05:28.000]  And they also can't prove that they bought any account either, all right?
[05:28.000 --> 05:37.000]  So now you're talking a situation where they can get in major criminal trouble for trying
[05:37.000 --> 05:44.000]  to collect on an account that doesn't exist that they don't have, and number two, the
[05:44.000 --> 05:53.000]  creditor can go down in big trouble with the IRS for perpetrating a tax write-off scheme.
[05:53.000 --> 06:00.000]  Because how can they sell an account, how can they sell a debt that they wrote off on
[06:00.000 --> 06:02.000]  their tax return, okay?
[06:02.000 --> 06:07.000]  So this is the reality of the situation, and they know it, and when you start calling them
[06:07.000 --> 06:15.000]  on it and they can see where this is all headed, they back off and they go for an easier prey.
[06:15.000 --> 06:20.000]  Okay, so we are going to go to David in South Dakota now, unless you have more comments
[06:20.000 --> 06:22.000]  on that, Mike?
[06:22.000 --> 06:30.000]  Just real quick on the cost of that, what the debt collector buys it for.
[06:30.000 --> 06:35.000]  That's one of the questions we ask them at the interrogatories when we go into discovery.
[06:35.000 --> 06:39.000]  Hey, Mr. Debt Collector, how much did you pay for this account when you got it from
[06:39.000 --> 06:41.000]  ABC Bank?
[06:41.000 --> 06:43.000]  And let me know if you ever get an answer.
[06:43.000 --> 06:48.000]  They will, oh, that's irrelevant in the material, will not lead to any discovery in the case.
[06:48.000 --> 06:53.000]  Then we get into the judge and we say, okay, we'll have the judge order you to answer that
[06:53.000 --> 06:54.000]  question.
[06:54.000 --> 06:56.000]  Go ahead, go ahead, get the next speaker in there.
[06:56.000 --> 07:03.000]  Well, yeah, and just to go off on that, there's one other thing that here's another tip that
[07:03.000 --> 07:05.000]  you can do.
[07:05.000 --> 07:08.000]  They will submit affidavits in the case.
[07:08.000 --> 07:16.000]  They'll have somebody submit some kind of affidavit supposedly testifying to the validity
[07:16.000 --> 07:18.000]  of this debt and blah, blah, blah.
[07:18.000 --> 07:25.000]  And they'll say they saw the books or they'll say they did this and that or they saw this
[07:25.000 --> 07:26.000]  and that.
[07:26.000 --> 07:31.000]  And when you carefully read the affidavit, they didn't say anything.
[07:31.000 --> 07:33.000]  They don't know anything about it.
[07:33.000 --> 07:40.000]  I guarantee you, these people that submit these affidavits have no firsthand knowledge
[07:40.000 --> 07:41.000]  of this contract.
[07:41.000 --> 07:45.000]  They can't come up with your signature or any kind of stuff like that.
[07:45.000 --> 07:53.000]  And so one of the things that we did was we filed a motion to strike the affidavit as
[07:53.000 --> 08:01.000]  being a completely frivolous affidavit because it didn't testify to anything.
[08:01.000 --> 08:07.000]  It was no evidence and even the guy had said some things that potentially he could have
[08:07.000 --> 08:09.000]  gotten in trouble for perjury.
[08:09.000 --> 08:17.000]  And so if you all want to know more techniques about how to successfully strike an affidavit,
[08:17.000 --> 08:23.000]  we can get into that on another show or I would suggest calling into the Agenda 21 Talk
[08:23.000 --> 08:27.000]  Guys because that's where I got that technique from there on Tuesday nights from 8 to 10.
[08:27.000 --> 08:31.000]  Shannon Mason is brilliant at striking affidavits.
[08:31.000 --> 08:33.000]  So we can get into that later.
[08:33.000 --> 08:34.000]  But I just wanted to put that out there.
[08:34.000 --> 08:36.000]  That is another technique you can use.
[08:36.000 --> 08:39.000]  And that really scared him too.
[08:39.000 --> 08:40.000]  Yeah.
[08:40.000 --> 08:43.000]  There's one more step to that is you want to depose that person.
[08:43.000 --> 08:49.000]  You get to depose 10 people in federal court when you go into discovery.
[08:49.000 --> 08:52.000]  I want to talk to that guy under penalty of perjury, under oath.
[08:52.000 --> 08:55.000]  I got some questions I want to ask him.
[08:55.000 --> 08:56.000]  And you can do it by telephone.
[08:56.000 --> 08:57.000]  You don't have to be there.
[08:57.000 --> 09:04.000]  I got a guy up in the Portland, Oregon area who's done this and he talked to a vice president
[09:04.000 --> 09:09.000]  of a bank in Oklahoma City via phone and deposed the vice president of the bank via phone.
[09:09.000 --> 09:14.000]  They had a deposition company there and he got to asking some questions.
[09:14.000 --> 09:15.000]  Anyhow, go ahead, Debra.
[09:15.000 --> 09:16.000]  Okay.
[09:16.000 --> 09:17.000]  Here we go.
[09:17.000 --> 09:18.000]  We're going to go to David in South Dakota.
[09:18.000 --> 09:21.000]  Okay, David, you said you had one more thing quickly.
[09:21.000 --> 09:24.000]  What do you have for us?
[09:24.000 --> 09:30.000]  Well, as you accumulate these federal cases, like Michael said, he had six and people running
[09:30.000 --> 09:37.000] ... They put his name in and that gives them reason not to go up against him.
[09:37.000 --> 09:40.000]  So you just do it one at a time.
[09:40.000 --> 09:46.000]  And these easy ones, like I think I'm dealing with an easy one, it'd be my second case.
[09:46.000 --> 09:52.000]  So when you put my name in on paper, they say, well, this guy's been in federal court
[09:52.000 --> 09:54.000]  twice and look at the results.
[09:54.000 --> 09:56.000]  And it gives you a pause.
[09:56.000 --> 10:01.000]  So basically, I'm trying to do what Michael's teaching me.
[10:01.000 --> 10:02.000]  Yeah.
[10:02.000 --> 10:04.000]  Well, good for you, David.
[10:04.000 --> 10:07.000]  Well, buddy, here's the deal.
[10:07.000 --> 10:10.000]  I've had these lawyers and I've been up against them face to face.
[10:10.000 --> 10:11.000]  I'm a degreed engineer.
[10:11.000 --> 10:13.000]  I've been to college, all that stuff.
[10:13.000 --> 10:18.000]  And I've had them ask me, okay, Mr. Mears, are you an attorney?
[10:18.000 --> 10:19.000]  No, sir, I'm not.
[10:19.000 --> 10:20.000]  I'm an engineer.
[10:20.000 --> 10:23.000]  Did you go to law school?
[10:23.000 --> 10:24.000]  No, sir.
[10:24.000 --> 10:26.000]  I didn't go to law school.
[10:26.000 --> 10:30.000]  Did Abraham Lincoln go to law school?
[10:30.000 --> 10:32.000]  Think about that one.
[10:32.000 --> 10:33.000]  Okay.
[10:33.000 --> 10:37.000]  I want somebody to say something bad about Abraham Lincoln.
[10:37.000 --> 10:39.000]  Go ahead.
[10:39.000 --> 10:41.000]  He didn't even have electric lights.
[10:41.000 --> 10:43.000]  He read by the firelight.
[10:43.000 --> 10:44.000]  Yeah.
[10:44.000 --> 10:45.000]  Yeah.
[10:45.000 --> 10:46.000]  He taught himself.
[10:46.000 --> 10:48.000]  He taught himself.
[10:48.000 --> 10:51.000]  And I can read a book just about as good as anybody else can.
[10:51.000 --> 10:54.000]  So that's the bottom line.
[10:54.000 --> 10:56.000]  That's the bottom line in this stuff.
[10:56.000 --> 11:00.000]  It's great to learn.
[11:00.000 --> 11:03.000]  And once you learn it, nobody can take it away from you.
[11:03.000 --> 11:05.000]  That's the beauty of this stuff.
[11:05.000 --> 11:10.000]  I have a pat answer when they ask me if I'm an attorney.
[11:10.000 --> 11:15.000]  No, I sleep well at night and I keep my hands in my home pockets.
[11:15.000 --> 11:19.000]  Thank you very much.
[11:19.000 --> 11:23.000]  The district judge in Montgomery County did not find the humor in that
[11:23.000 --> 11:27.000]  and had me thrown out of the court room.
[11:27.000 --> 11:29.000]  Oh, my goodness.
[11:29.000 --> 11:31.000]  Oh, gee.
[11:31.000 --> 11:32.000]  All right.
[11:32.000 --> 11:35.000]  Thanks for calling in, David.
[11:35.000 --> 11:36.000]  Thank you.
[11:36.000 --> 11:38.000]  Thank you, David.
[11:38.000 --> 11:41.000]  And we'll speak again.
[11:41.000 --> 11:45.000]  I'm going to get off and see if someone else can answer.
[11:45.000 --> 11:46.000]  You can answer that question.
[11:46.000 --> 11:47.000]  All right.
[11:47.000 --> 11:48.000]  Thanks, David.
[11:48.000 --> 11:49.000]  Thank you.
[11:49.000 --> 11:50.000]  Goodbye.
[11:50.000 --> 11:51.000]  Bye-bye.
[11:51.000 --> 11:52.000]  Okay.
[11:52.000 --> 11:54.000]  We are going now to Rob in New Mexico.
[11:54.000 --> 11:55.000]  Rob, thank you for calling in.
[11:55.000 --> 11:58.000]  What is your question for Mike Mears?
[11:58.000 --> 12:04.000]  Well, I had an unfair practices suit that's turning into an FDCPA suit
[12:04.000 --> 12:07.000]  against the attorney representing the defendant.
[12:07.000 --> 12:11.000]  They just filed an answer and counterclaim,
[12:11.000 --> 12:16.000]  and their counterclaim consists of exactly four lines.
[12:16.000 --> 12:20.000]  SunWest Trust incorporates in its FAF,
[12:20.000 --> 12:24.000]  incorporates its responses in paragraphs 1 through 52 by reference,
[12:24.000 --> 12:26.000]  exhibit H to this pleading,
[12:26.000 --> 12:30.000]  is a true and complete copy of the real estate contract.
[12:30.000 --> 12:33.000]  SunWest is entitled to recover its attorney's fees
[12:33.000 --> 12:36.000]  under paragraph 10.1 of the contract.
[12:36.000 --> 12:38.000]  As successor escrow agent,
[12:38.000 --> 12:42.000]  SunWest has incurred attorney's fees and costs in defending this action,
[12:42.000 --> 12:44.000]  to which plaintiff is liable to pay.
[12:44.000 --> 12:49.000]  And then they submitted a letter that I never got as an exhibit
[12:49.000 --> 12:54.000]  that says that they received notification that they were resigning,
[12:54.000 --> 12:57.000]  the previous escrow agent was resigning,
[12:57.000 --> 13:01.000]  and forwarded the documents to them with a payment history,
[13:01.000 --> 13:05.000]  but that they don't have any records about the payments.
[13:05.000 --> 13:07.000]  Oh, my God.
[13:07.000 --> 13:13.000]  My question is, should I file a demand for validation into the record of the court,
[13:13.000 --> 13:15.000]  or should I just send it to them?
[13:15.000 --> 13:19.000]  Oh, no, you demand validation from them.
[13:19.000 --> 13:22.000]  No matter where you're at, that validation,
[13:22.000 --> 13:25.000]  according to the Debt Collection Practices Act,
[13:25.000 --> 13:28.000]  if you put a validation into a debt collector,
[13:28.000 --> 13:32.000]  they must follow the law, and the law is they must do an investigation
[13:32.000 --> 13:37.000]  and get back to you within 30 days with the results of that investigation.
[13:37.000 --> 13:39.000]  Period.
[13:39.000 --> 13:42.000]  So you would send it directly to the debt collector.
[13:42.000 --> 13:45.000]  Whoever it is.
[13:45.000 --> 13:49.000]  And you're going to open a whole new door there, I guarantee you.
[13:49.000 --> 13:51.000]  Oh, yeah, yeah.
[13:51.000 --> 13:54.000]  That would be a correct question.
[13:54.000 --> 13:57.000]  Yeah, because to me, it's a lot easier.
[13:57.000 --> 13:59.000]  It's a lot easier.
[13:59.000 --> 14:03.000]  I've worked with folks that have had land issues, mortgage issues,
[14:03.000 --> 14:07.000]  and getting into Respaw, Attila, and all that stuff,
[14:07.000 --> 14:09.000]  what a pain in the neck.
[14:09.000 --> 14:12.000]  Fair credit debt question, so much simpler,
[14:12.000 --> 14:18.000]  and I've had people get things resolved by going on that route.
[14:18.000 --> 14:22.000]  So I would, yeah, you can still validate with them,
[14:22.000 --> 14:24.000]  or I'd validate with them, brother, on that.
[14:24.000 --> 14:29.000]  Well, the funny thing about it is that I've never heard from this attorney before.
[14:29.000 --> 14:33.000]  This is the counterclaim, my complaint against their client,
[14:33.000 --> 14:38.000]  and they say right here, paragraph 51 of their answer and affirmative defenses.
[14:38.000 --> 14:42.000]  Sun West never received a payment from plaintiff or his wife.
[14:42.000 --> 14:48.000]  Apparently, they are in default under the real estate contract.
[14:48.000 --> 14:53.000]  So here he is, first time admitting, first communication,
[14:53.000 --> 14:58.000]  that he's accepting an account that's in default and trying to collect on it.
[14:58.000 --> 15:00.000]  He's a debt collector.
[15:00.000 --> 15:06.000]  Yeah, yeah, and the law has been very, very clear on that over the years.
[15:06.000 --> 15:11.000]  It used to be, well, these guys would come in once in a while to collect the debt,
[15:11.000 --> 15:14.000]  while these lawyers, they're not really debt collectors.
[15:14.000 --> 15:15.000]  Oh, yes, they are.
[15:15.000 --> 15:20.000]  And the MPC and the DCPA, that question back,
[15:20.000 --> 15:22.000]  you're collecting the debt, you're a debt collector,
[15:22.000 --> 15:25.000]  and you fall under these laws, period, period.
[15:25.000 --> 15:29.000]  I don't care if you only do it once every year or a hundred times every year,
[15:29.000 --> 15:32.000]  you're a debt collector, period.
[15:32.000 --> 15:35.000]  They're governed under those laws.
[15:35.000 --> 15:36.000]  Cool.
[15:36.000 --> 15:42.000]  Yeah, and not only that, if they haven't, depending on the laws of your state,
[15:42.000 --> 15:47.000]  pretty much most debt collectors are required to register with the secretary of state.
[15:47.000 --> 15:54.000]  And so if they haven't registered with the secretary of state in your state as a debt collector,
[15:54.000 --> 15:58.000]  well, now you can get them in trouble with the state bureaucracy.
[15:58.000 --> 16:04.000]  Well, they may be standing in the court looking at the judge,
[16:04.000 --> 16:08.000]  but the judge can't look at them.
[16:08.000 --> 16:14.000]  He can't see them because they're not legally before the court.
[16:14.000 --> 16:19.000]  Yeah, yeah, yeah.
[16:19.000 --> 16:20.000]  That doesn't surprise me.
[16:20.000 --> 16:27.000]  Jeff's group, that Jeff that was just on here, they do a lot with mortgage stuff.
[16:27.000 --> 16:32.000]  And one of the things on the mortgage stuff is,
[16:32.000 --> 16:35.000]  and I'll bring this up because it's a good thing to know,
[16:35.000 --> 16:39.000]  there is a statute of limit on a foreclosure.
[16:39.000 --> 16:41.000]  Every state is different.
[16:41.000 --> 16:45.000]  They must foreclose in a certain time when they start acting against you.
[16:45.000 --> 16:50.000]  And if they don't get it done in that time period, guess what?
[16:50.000 --> 16:52.000]  They can't foreclose.
[16:52.000 --> 16:53.000]  All right, listen, we're going to break.
[16:53.000 --> 16:54.000]  Rob, hold on.
[16:54.000 --> 16:55.000]  We will be right back.
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[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad mind people hurt you.
[19:20.000 --> 19:24.000]  And tell faith and get behind.
[19:24.000 --> 19:28.000]  Norman, my friend, and all of your children.
[19:28.000 --> 19:29.000]  Come on.
[19:29.000 --> 19:32.000]  Trust in God, be free.
[19:32.000 --> 19:34.000]  Tell him you're probably in pain.
[19:34.000 --> 19:37.000]  Calling his name once again.
[19:37.000 --> 19:40.000]  Everybody will know he was the aim.
[19:40.000 --> 19:43.000]  Trust in God, be free.
[19:43.000 --> 19:46.000]  Tell him you're probably in pain.
[19:46.000 --> 19:47.000]  Come on.
[19:47.000 --> 19:49.000]  Trust in God, be free.
[19:49.000 --> 19:52.000]  Tell him you're probably in pain.
[19:52.000 --> 19:55.000]  Everybody will know he was the aim.
[19:55.000 --> 19:58.000]  He is everything to me, that's why I call him.
[19:58.000 --> 20:04.000]  I pray to him because he's the only one who could answer me.
[20:04.000 --> 20:06.000]  Okay, folks, we are back.
[20:06.000 --> 20:08.000]  This is the Rule of Law, Randy Kelton.
[20:08.000 --> 20:09.000]  I'm Deborah Stevens.
[20:09.000 --> 20:12.000]  And we are here with our good friend and very special guest,
[20:12.000 --> 20:15.000]  Mr. Michael Mears of the Mike Mears Method.
[20:15.000 --> 20:17.000]  We do sell his course.
[20:17.000 --> 20:22.000]  You can go to ruleoflawradio.com and scroll down,
[20:22.000 --> 20:29.000]  and you'll find the blue banner on how to deal with how to beat debt collectors.
[20:29.000 --> 20:34.000]  He's also on the sponsor's page of logosradionetwork.com.
[20:34.000 --> 20:36.000]  I encourage everyone to get the course.
[20:36.000 --> 20:40.000]  Like I was saying earlier, the easiest way to cut your teeth
[20:40.000 --> 20:45.000]  on how to being a successful pro se litigant is go beat up a debt collector.
[20:45.000 --> 20:48.000]  It really is one of the easiest things that you can do.
[20:48.000 --> 20:50.000]  It will give you confidence.
[20:50.000 --> 20:52.000]  It will give you experience.
[20:52.000 --> 20:56.000]  So go get them and go get Mike's course.
[20:56.000 --> 21:00.000]  And while you're at it, get Frederick Graves' jurisdictionary course.
[21:00.000 --> 21:04.000]  That's also on our sponsor's page, How to Win in Court Without a Lawyer.
[21:04.000 --> 21:08.000]  It will teach you the nuts and bolts and the basics of how to function
[21:08.000 --> 21:10.000]  and navigate in the federal court system.
[21:10.000 --> 21:12.000]  So it's well worth it.
[21:12.000 --> 21:16.000]  You'll save a lot of money from hiring an attorney.
[21:16.000 --> 21:20.000]  And, you know, it's like, hey, folks out there,
[21:20.000 --> 21:27.000]  if you all have had success with our methods, things we've said on the air,
[21:27.000 --> 21:30.000]  if we've managed to help you, if these courses have managed to help you,
[21:30.000 --> 21:35.000]  then just consider how much you would have had to pay a lawyer for these things
[21:35.000 --> 21:42.000]  and consider making a donation to us because we are 100% listener supported.
[21:42.000 --> 21:45.000]  We do not take money from the big guys.
[21:45.000 --> 21:47.000]  We're not subsidized by the government.
[21:47.000 --> 21:51.000]  We're not subsidized by the big major media conglomerations.
[21:51.000 --> 21:52.000]  We are here for you.
[21:52.000 --> 21:56.000]  We are here to support you, and we need your support as well.
[21:56.000 --> 22:02.000]  Yeah, and there is this thing about Randy's Beer Fund.
[22:02.000 --> 22:05.000]  Randy's Beer Fund.
[22:05.000 --> 22:11.000]  Randy's Beer Fund has been pretty dry lately.
[22:11.000 --> 22:12.000]  Okay.
[22:12.000 --> 22:13.000]  All right.
[22:13.000 --> 22:17.000]  So we were speaking with Rob in New Mexico, and then we went to break.
[22:17.000 --> 22:22.000]  So, Rob, go ahead.
[22:22.000 --> 22:25.000]  Well, that was all I had for FDCPA.
[22:25.000 --> 22:28.000]  Everything else I have is Randy questions.
[22:28.000 --> 22:32.000]  Something that you all might like to hear, Randy knows this already,
[22:32.000 --> 22:36.000]  but regarding this counterclaim,
[22:36.000 --> 22:41.000]  I filed a notice of seller's default into the county records
[22:41.000 --> 22:46.000]  about a month and a half before this answer and counterclaim was submitted,
[22:46.000 --> 22:56.000]  and I am suing the seller and the original escrow agent for breach contract and theft.
[22:56.000 --> 23:04.000]  This moron already has constructive notice that he has no standing to bring a counterclaim.
[23:04.000 --> 23:10.000]  So I'm thinking about filing a motion for sanctions against him.
[23:10.000 --> 23:13.000]  Okay.
[23:13.000 --> 23:14.000]  There we go.
[23:14.000 --> 23:17.000]  But that's all we got.
[23:17.000 --> 23:20.000]  All right, Randy, any comments?
[23:20.000 --> 23:21.000]  Yeah, just one comment.
[23:21.000 --> 23:26.000]  Mike, if you ever sit in there at your house in New Mexico
[23:26.000 --> 23:31.000]  and you hear this horrible racket outside moving past your house,
[23:31.000 --> 23:35.000]  it's Rob playing with his jake brakes.
[23:35.000 --> 23:36.000]  Yeah, right.
[23:36.000 --> 23:41.000]  Gotcha.
[23:41.000 --> 23:43.000]  Exactly.
[23:43.000 --> 23:46.000]  This is Rob from New Mexico.
[23:46.000 --> 23:47.000]  Yeah.
[23:47.000 --> 23:48.000]  Yeah.
[23:48.000 --> 23:49.000]  Yeah.
[23:49.000 --> 23:50.000]  I hear you.
[23:50.000 --> 23:58.000]  Randy, real quick, can you take your mic and smack yourself in the eyes and ears with it?
[23:58.000 --> 24:01.000]  Sure.
[24:01.000 --> 24:08.000]  You read my complaints, you read the pleadings, and you told me they were good.
[24:08.000 --> 24:20.000]  I cited in my jurisdiction claim the Civil Practices and Remedies Code.
[24:20.000 --> 24:21.000]  Okay.
[24:21.000 --> 24:24.000]  Texas, Randy.
[24:24.000 --> 24:25.000]  Okay.
[24:25.000 --> 24:28.000]  You cited Civil Practices and Remedies Code.
[24:28.000 --> 24:32.000]  Oh, you mean Texas Civil Practices and Remedies Code.
[24:32.000 --> 24:33.000]  Yeah.
[24:33.000 --> 24:36.000]  So I need to fix that.
[24:36.000 --> 24:38.000]  That's probably a good idea.
[24:38.000 --> 24:42.000]  Yeah, and Randy, make sure you mute your mic before you start beating yourself in the head with it.
[24:42.000 --> 24:43.000]  Okay.
[24:43.000 --> 24:44.000]  Yeah.
[24:44.000 --> 24:45.000]  Thanks, guys.
[24:45.000 --> 24:46.000]  Thank you, Rob.
[24:46.000 --> 24:47.000]  Thank you very much.
[24:47.000 --> 24:48.000]  Okay.
[24:48.000 --> 24:49.000]  Thank you, Rob.
[24:49.000 --> 24:52.000]  Okay, we don't have any more callers right now.
[24:52.000 --> 24:57.000]  So Mike, you know, if you want to wrap it up right now, that's fine.
[24:57.000 --> 25:01.000]  Do you have any other stuff that you want to tell us tonight, any other good stuff?
[25:01.000 --> 25:05.000]  No, but the only thing I want to say is if you're interested in getting involved with this,
[25:05.000 --> 25:06.000]  it's difficult.
[25:06.000 --> 25:11.000]  That is, like I say, the majority of it is paper pushing.
[25:11.000 --> 25:19.000]  80, 90% of the time, these guys will come to the table before you got to drag them into the federal court.
[25:19.000 --> 25:22.000]  The federal court is very laid back.
[25:22.000 --> 25:30.000]  It's not like the local court you're going into, and the judges are pounding the gavel and pointing the finger at you.
[25:30.000 --> 25:31.000]  Did you own this money?
[25:31.000 --> 25:33.000]  Did you have this credit card?
[25:33.000 --> 25:37.000]  You don't go through any of that stuff in these federal court cases.
[25:37.000 --> 25:41.000]  It's very laid back and very organized.
[25:41.000 --> 25:44.000]  And this is a neat thing.
[25:44.000 --> 25:54.000]  One of the bigger federal courts in the bigger cities have a pro-state office attached to them.
[25:54.000 --> 25:58.000]  And they go in and even help you if you have questions that can't be answered.
[25:58.000 --> 25:59.000]  You don't know what to do.
[25:59.000 --> 26:01.000]  That's what they do.
[26:01.000 --> 26:07.000]  And you can walk right into the pro-state office and get help as a pro-state litigant.
[26:07.000 --> 26:10.000]  That's what you are when you're in federal court.
[26:10.000 --> 26:16.000]  Pro-state means, in the Latin terms, for yourself, pro-state.
[26:16.000 --> 26:19.000]  You're a pro-state litigant in the courts.
[26:19.000 --> 26:21.000]  Very laid back, very organized.
[26:21.000 --> 26:23.000]  It's not like the local courts.
[26:23.000 --> 26:30.000]  And if you're in trouble, you've got financial issues, trying to get that credit report cleaned up,
[26:30.000 --> 26:32.000]  this is the way to go.
[26:32.000 --> 26:35.000]  Because you're hitting them from a totally different angle.
[26:35.000 --> 26:40.000]  As I mentioned before, it has nothing to do with the debt or money's claim to be owed.
[26:40.000 --> 26:46.000]  It's how they fail to follow the rules, the credit bureaus, the creditors, and the debt collectors.
[26:46.000 --> 26:50.000]  That's what this is all about, not about the debt.
[26:50.000 --> 26:54.000]  Yeah, this has nothing to do with the debt at all.
[26:54.000 --> 26:59.000]  This is about fining them, which this is what it is.
[26:59.000 --> 27:04.000]  These are fines under these consumer protection laws.
[27:04.000 --> 27:07.000]  It's a violation of civil rights.
[27:07.000 --> 27:13.000]  And under those laws, they get fined certain amounts for certain violations,
[27:13.000 --> 27:17.000]  and it's payable to the victim, to the consumer.
[27:17.000 --> 27:20.000]  And it has nothing to do with the debt at all.
[27:20.000 --> 27:22.000]  It doesn't matter if the debt is valid.
[27:22.000 --> 27:30.000]  And so the strategy here is you set up the lawsuit so that the violation amounts,
[27:30.000 --> 27:41.000]  the fines that they would be fined under these laws meet or exceed greatly the amount of the debt.
[27:41.000 --> 27:46.000]  And so then basically you settle out of court with them.
[27:46.000 --> 27:47.000]  They cry uncle.
[27:47.000 --> 27:50.000]  They want to get out of your credit report.
[27:50.000 --> 27:55.000]  They get out of your credit report because it's either that or they end up having to go to trial.
[27:55.000 --> 28:00.000]  And like Mike says, how are you going to find an unbiased jury?
[28:00.000 --> 28:02.000]  Everybody has a credit report.
[28:02.000 --> 28:06.000]  And plus they don't want it coming out that the whole thing is a tax write-off scheme
[28:06.000 --> 28:10.000]  and that there really is no account and all this kind of thing because they can get in a lot of trouble.
[28:10.000 --> 28:14.000]  So I highly recommend doing this.
[28:14.000 --> 28:16.000]  And there's some curve balls that they can throw at you.
[28:16.000 --> 28:18.000]  We do have another caller, by the way, Mike.
[28:18.000 --> 28:25.000]  Before we take the caller, I just wanted to talk about one other curve ball that was thrown at us in our case.
[28:25.000 --> 28:35.000]  After we got past this binding arbitration issue, then they file another motion to dismiss based on
[28:35.000 --> 28:39.000]  they claim that the court lacks subject matter jurisdiction
[28:39.000 --> 28:47.000]  because the original creditor was in bankruptcy and in receivership of the FDIC.
[28:47.000 --> 28:58.000]  And under FDIC, under the laws that govern the FDIC, we would have to make an administrative claim with the FDIC.
[28:58.000 --> 29:05.000]  And this was a bit of a curve ball, which kind of scared me because the case law on that matter is kind of split.
[29:05.000 --> 29:09.000]  Some of the circuits or the appellate circuits say, yes, that's true.
[29:09.000 --> 29:11.000]  You can't sue in this situation.
[29:11.000 --> 29:13.000]  You've got to deal with the FDIC.
[29:13.000 --> 29:18.000]  Other federal circuits say, no, that's not true because the FDIC has nothing to do with this.
[29:18.000 --> 29:20.000]  They're not the ones in their credit report.
[29:20.000 --> 29:26.000]  And so it was a little bit of a sticky situation because the Fifth Circuit hadn't made a ruling on the issue.
[29:26.000 --> 29:33.000]  And so I was just about to file my response to their motion on the matter.
[29:33.000 --> 29:37.000]  And two days later, they cried uncle and came to the table to settle.
[29:37.000 --> 29:41.000]  So, folks, this just shows you no matter what kind of curve balls they throw at you,
[29:41.000 --> 29:44.000]  ultimately you just stick to your guns.
[29:44.000 --> 29:47.000]  You just stand your ground and they will come to the table to settle.
[29:47.000 --> 29:49.000]  It happens every time.
[29:49.000 --> 29:49.000]  All right.
[29:49.000 --> 29:51.000]  We are going to break here.
[29:51.000 --> 29:54.000]  We've got Bart from Massachusetts on the line with a question from Mike.
[29:54.000 --> 29:55.000]  We will be right back.
[29:55.000 --> 29:56.000]  This is the rule of law.
[29:56.000 --> 29:57.000]  Yep.
[29:57.000 --> 30:02.000]  Okay.
[30:02.000 --> 30:06.000]  Mm, this lemon slice is as sweet as lemon meringue pie.
[30:06.000 --> 30:08.000]  And these raw cranberries taste like candy.
[30:08.000 --> 30:09.000]  Am I crazy?
[30:09.000 --> 30:11.000]  No, but I do have a secret.
[30:11.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be right back to tell you what it is.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:27.000]  So protect your rights.
[30:27.000 --> 30:31.000]  Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:33.000]  Privacy, it's worth hanging on to.
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[31:19.000 --> 31:23.000]  Now all we need is a fruit to take the calories out of cheesecake.
[31:23.000 --> 31:37.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.000 --> 32:02.000]  Call 910-4367 and see what our powder, seeds, and oil can do for you, only at NQSA.org.
[32:02.000 --> 32:06.000]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.000 --> 32:08.000]  In today's America, we live in an us-against-them society,
[32:08.000 --> 32:10.000]  and if we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
[32:13.000 --> 32:16.000]  Among those rights are the right to travel freely from place to place,
[32:16.000 --> 32:20.000]  the right to act in our own private capacity, and most importantly, the right to due process of law.
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[33:25.000 --> 33:50.000]  I won't let you pull the wool over my eyes
[33:50.000 --> 33:57.000]  I really must refuse your news also doesn't lie
[33:57.000 --> 34:00.000]  It seems you like to say
[34:00.000 --> 34:05.000]  But please take some words to the wise
[34:05.000 --> 34:22.000]  Please stop trying to pull the wool over my eyes
[34:22.000 --> 34:25.000]  Okay folks, we are back. This is the rule of law.
[34:25.000 --> 34:29.000]  This is Friday, December 11, 2015.
[34:29.000 --> 34:34.000]  Coming down to the end of the year, we are here with our very good friend,
[34:34.000 --> 34:37.000]  Mr. Mike Maris. Mr. Michael Maris.
[34:37.000 --> 34:43.000]  And he's talking about how to go after these creditors and debt collectors and the credit bureaus
[34:43.000 --> 34:44.000]  and all these kinds of things.
[34:44.000 --> 34:47.000]  We have another caller on the line.
[34:47.000 --> 34:49.000]  We have Bart from Texas.
[34:49.000 --> 34:50.000]  Bart, thank you for calling in.
[34:50.000 --> 34:55.000]  What is your question for Mr. Mike Maris tonight?
[34:55.000 --> 34:59.000]  My question is, if we're a world of people that are manipulated
[34:59.000 --> 35:06.000]  into doing our instantaneous cross-transactional bartering with unconstitutional, undemocratic money
[35:06.000 --> 35:12.000]  and new financiers and financial people have gotten filthy stinking rich off
[35:12.000 --> 35:17.000]  and now they don't feed, clothe, house, health care, anybody.
[35:17.000 --> 35:21.000]  Why do we want to fight them in their legal world
[35:21.000 --> 35:30.000]  rather than just take massive class action lawsuit against the people that bankrupted our country?
[35:30.000 --> 35:32.000]  Don't we feel it?
[35:32.000 --> 35:37.000]  I mean, it's just a lot of studying and figuring everything out in the court.
[35:37.000 --> 35:40.000]  Yeah, that's a good question.
[35:40.000 --> 35:45.000]  And I, many years ago, met a consumer law attorney. Consumer law.
[35:45.000 --> 35:48.000]  They specialize in this stuff.
[35:48.000 --> 35:55.000]  He's out of Louisiana. He's one of the top notch consumer lawyers in the country.
[35:55.000 --> 35:59.000]  And I got hooked up with him. I couldn't tell you how I did it.
[35:59.000 --> 36:02.000]  But somebody met him at a convention and mentioned my name to him.
[36:02.000 --> 36:04.000]  And the next thing I know, he's calling me.
[36:04.000 --> 36:06.000]  And he says, and I was just starting off.
[36:06.000 --> 36:11.000]  And he said to me, if you need any help, Mr. Maris, I'll be glad to help you out any way I can.
[36:11.000 --> 36:15.000]  He used to have his administrative assistant like once a week call me to see how I was doing
[36:15.000 --> 36:18.000]  with my case against the credit bureau.
[36:18.000 --> 36:23.000]  The point is, sir, and what you're talking about is absolutely right.
[36:23.000 --> 36:27.000]  He only handles class action suits against the credit bureaus.
[36:27.000 --> 36:32.000]  That's all he does. Millions of people and millions of dollars.
[36:32.000 --> 36:39.000]  So yeah, it gets done, but I understand exactly what you're talking about.
[36:39.000 --> 36:42.000]  Okay. Would you ever consider that?
[36:42.000 --> 36:49.000]  You know, it's just like economics, I study it from the perspective that it's really human time
[36:49.000 --> 36:55.000]  and energy information and technology working to deliver the goods and services
[36:55.000 --> 36:59.000]  or working to make things right and not to knock what you do
[36:59.000 --> 37:05.000]  because you're a big thorn in the side with these jokers.
[37:05.000 --> 37:08.000]  But still, you know, it's just like all these individuals
[37:08.000 --> 37:12.000]  with their individual effort for their individual thing,
[37:12.000 --> 37:16.000]  it doesn't, you know, it really doesn't get the whole thing solved.
[37:16.000 --> 37:17.000]  It just keeps going.
[37:17.000 --> 37:19.000]  Right. It keeps going.
[37:19.000 --> 37:21.000]  You know.
[37:21.000 --> 37:24.000]  Well, Bart, you know, you do bring up a good point.
[37:24.000 --> 37:30.000]  And, you know, like Mike's talking about, there are attorneys out there, he knows one,
[37:30.000 --> 37:34.000]  that all they do is class action lawsuits against the credit bureaus.
[37:34.000 --> 37:40.000]  And even with attorneys out there, and I'm sure this lawyer is not the only one,
[37:40.000 --> 37:47.000]  I'm sure they're all over the place that do nothing but major class action lawsuits
[37:47.000 --> 37:51.000]  under these consumer protections laws primarily against the credit bureaus.
[37:51.000 --> 37:58.000]  And look, it's still not even barely putting a dent in the fraud that is being perpetrated.
[37:58.000 --> 38:04.000]  Okay. And so the perspective that we're coming from, at least on tonight's show,
[38:04.000 --> 38:08.000]  is how do we help the individual, okay, for one thing.
[38:08.000 --> 38:17.000]  And not necessarily helping the individual is going to bring down the system, okay, you know.
[38:17.000 --> 38:22.000]  But it's like many, many needles, you know, many darts,
[38:22.000 --> 38:28.000]  and poking them from every angle causes a lot of bleeding, let's put it that way.
[38:28.000 --> 38:34.000]  And from what I've seen, and this goes to the traffic ticket issue too,
[38:34.000 --> 38:39.000]  they keep getting hammered over and over and over again from all these different individuals.
[38:39.000 --> 38:44.000]  And what that tends to do, and we have seen this personally,
[38:44.000 --> 38:49.000]  especially regarding the municipal courts here in Austin, regarding these traffic ticket issues,
[38:49.000 --> 38:54.000]  and in the federal courts over other issues like magistrate participation,
[38:54.000 --> 38:59.000]  which I will, that was the next topic I was going to address, I'll address that in a moment.
[38:59.000 --> 39:03.000]  But the thing is, you get a bunch of people hammering them over and over and over again.
[39:03.000 --> 39:07.000]  It may not topple the system or stop them from what they're doing,
[39:07.000 --> 39:14.000]  but what it does do is that the next guy or the next girl that comes along that wants to fight this fight,
[39:14.000 --> 39:17.000]  they're going to have a little bit of an easier time.
[39:17.000 --> 39:19.000]  And I am certain of this.
[39:19.000 --> 39:25.000]  I have seen this historically over time in the federal courts and in the municipal courts.
[39:25.000 --> 39:31.000]  And even in the case that I was involved with against this creditor and debt collector,
[39:31.000 --> 39:36.000]  by the time they came to the table and cried uncle, you know what they did?
[39:36.000 --> 39:44.000]  They sent us a boilerplate settlement agreement.
[39:44.000 --> 39:51.000]  I'm talking boilerplate, strictly templates, fill-in-the-blank business.
[39:51.000 --> 39:54.000]  And a lot of it was totally neither here nor there.
[39:54.000 --> 39:56.000]  It didn't apply to us at all.
[39:56.000 --> 39:58.000]  We had to scratch out things and change things.
[39:58.000 --> 40:04.000]  And so the point I'm trying to make about that is why do they even have a boilerplate template on this matter?
[40:04.000 --> 40:06.000]  It's because they're getting hammered.
[40:06.000 --> 40:11.000]  And so we pushed them to the point that they had to pull out the boilerplate.
[40:11.000 --> 40:15.000]  And so because they had such a hard time with us, guess what's going to happen?
[40:15.000 --> 40:18.000]  The next time the next person comes along that hammers them,
[40:18.000 --> 40:22.000]  they'll probably pull out the boilerplate template a little bit sooner now, won't they?
[40:22.000 --> 40:25.000]  Because they're tired of spending money on this sort of thing.
[40:25.000 --> 40:30.000]  And the other point I wanted to make about class action lawsuits is, okay,
[40:30.000 --> 40:35.000]  the other reason we're on this topic tonight is to empower the individual, okay,
[40:35.000 --> 40:41.000]  not just to, you know, the individual to help them in their personal issues,
[40:41.000 --> 40:46.000]  but we're trying to empower many individuals to be pro se in the court system because that's very powerful.
[40:46.000 --> 40:52.000]  Pro se's are extremely powerful because we don't have careers that judges can rule.
[40:52.000 --> 40:54.000]  We don't have bar cards, okay.
[40:54.000 --> 41:01.000]  We don't have $500,000 worth of student loan debt from a law school hanging over our head,
[41:01.000 --> 41:04.000]  and our lives are going to be destroyed if we can't pay it back.
[41:04.000 --> 41:09.000]  Pro se's are very, very powerful because the judges can't push us around.
[41:09.000 --> 41:15.000]  And so we are making a big difference by empowering the individual to be pro se's
[41:15.000 --> 41:18.000]  because with class action lawsuits, you can't be pro se.
[41:18.000 --> 41:21.000]  There's no such thing as a class action lawsuit as a pro se, okay.
[41:21.000 --> 41:25.000]  If you want to do a class action lawsuit, you have to get a class action lawsuit attorney,
[41:25.000 --> 41:30.000]  and there's a lot of research that has to be done, a lot of networking that has to be done.
[41:30.000 --> 41:37.000]  You have to locate thousands of people that are in the same, quote, class as you.
[41:37.000 --> 41:44.000]  And so hey, Bart, if you want to commandeer and lead the crusade on a class action lawsuit on any particular topic,
[41:44.000 --> 41:46.000]  go for it, man.
[41:46.000 --> 41:54.000]  Find a topic, find a cause, go to a class action lawsuit attorney and see what they think about it,
[41:54.000 --> 41:59.000]  see if they think that you have a good case to bring to a class action.
[41:59.000 --> 42:03.000]  And then get on the ball and start doing some research and networking
[42:03.000 --> 42:08.000]  and try to gather yourself thousands of people to do a class action lawsuit.
[42:08.000 --> 42:11.000]  I mean, we're not all about just one method here.
[42:11.000 --> 42:16.000]  I mean, personally, I do not have the time to lead a crusade of a class action lawsuit.
[42:16.000 --> 42:20.000]  But Bart, if that's what you want to do, go for it, man.
[42:20.000 --> 42:22.000]  I got a comment here.
[42:22.000 --> 42:23.000]  You're putting words in my mouth.
[42:23.000 --> 42:24.000]  No, I'm not.
[42:24.000 --> 42:25.000]  I'm saying it's a good idea.
[42:25.000 --> 42:28.000]  I'm just saying that I don't have the time for it.
[42:28.000 --> 42:29.000]  That's all.
[42:29.000 --> 42:30.000]  I think it's a great idea.
[42:30.000 --> 42:31.000]  Go ahead, Randy.
[42:31.000 --> 42:33.000]  Go ahead.
[42:33.000 --> 42:39.000]  I was going to say, I had a comment, what she said.
[42:39.000 --> 42:41.000]  Okay.
[42:41.000 --> 42:43.000]  And I couldn't listen to it.
[42:43.000 --> 42:51.000]  But again, you guys just sold the idea to me of that endless individuals need to learn all about the law
[42:51.000 --> 42:54.000]  and the money when you can just look right at it and go,
[42:54.000 --> 42:59.000]  the world's being taken over by individuals that are causing everybody to buy and sell with fake money.
[42:59.000 --> 43:10.000]  In that world, I would argue that you go back to late May of 1994 when Bill Clinton and O.J. Simpson are golfing together.
[43:10.000 --> 43:13.000]  O.J. Simpson's best friend is Donald Trump.
[43:13.000 --> 43:16.000]  And what's Donald Trump going to want O.J. to do?
[43:16.000 --> 43:22.000]  He's pushing them into politics or had been pushing them into politics way before that.
[43:22.000 --> 43:24.000]  We live in a world of fake money.
[43:24.000 --> 43:27.000]  And to make fake money real, you've got to steal resources.
[43:27.000 --> 43:32.000]  And while you guys are out there getting your jollies, kissing everybody off.
[43:32.000 --> 43:33.000]  Okay.
[43:33.000 --> 43:35.000]  No, we can't use bad language on the air.
[43:35.000 --> 43:36.000]  I've got to mute them.
[43:36.000 --> 43:37.000]  I'm sorry.
[43:37.000 --> 43:38.000]  We have to let you go, Bart.
[43:38.000 --> 43:40.000]  You can't use bad language on the air.
[43:40.000 --> 43:44.000]  Getting our jollies, I'll speak to that some more on the other side.
[43:44.000 --> 43:46.000]  We're basically working for free here.
[43:46.000 --> 43:47.000]  All right.
[43:47.000 --> 43:49.000]  I'm taking time off from my family right now,
[43:49.000 --> 43:54.000]  which I'd rather be spending time with so that I can help people because I care about the listeners.
[43:54.000 --> 43:55.000]  All right.
[43:55.000 --> 43:58.000]  We'll be back on the other side.
[43:58.000 --> 43:59.000]  All right.
[43:59.000 --> 44:00.000]  Hello.
[44:00.000 --> 44:06.000]  My name is Stuart Smith from naturespureorganics.com.
[44:06.000 --> 44:11.000]  And I would like to invite you to come by our store at 9204 Guadalupe Street, Sweet D.
[44:11.000 --> 44:14.000]  here in Austin, Texas, behind Brave New Books and Chase Payne
[44:14.000 --> 44:18.000]  to see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:22.000]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:24.000 --> 44:30.000]  including our Alchelon Emu Oil, Lotion Candles, Olive Oil Soaps, and Colloidal Silver and Gold.
[44:30.000 --> 44:37.000]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:25.000]  Music
[46:25.000 --> 46:27.000]  Okay, folks, we are back.
[46:27.000 --> 46:33.000]  I did have some comments I wanted to make, you know, on the topic of what we've been talking about,
[46:33.000 --> 46:36.000]  how to deal with some of the procedural issues in federal court.
[46:36.000 --> 46:43.000]  But, you know, I don't even know if it's worth defending the fact of this jollies issue.
[46:43.000 --> 46:48.000]  I mean, folks, I can hardly even afford to keep this network going, okay?
[46:48.000 --> 46:52.000]  In fact, in January, we're going to have our yearly fundraiser again.
[46:52.000 --> 46:57.000]  I mean, I get my jollies out of spending time with my family, okay,
[46:57.000 --> 47:04.000]  and doing things that I enjoy, okay, sports and hiking and figure skating and playing music
[47:04.000 --> 47:09.000]  and spending time with my husband and my family, okay?
[47:09.000 --> 47:14.000]  I mean, I can't say that I despise doing radio and producing radio.
[47:14.000 --> 47:21.000]  But, you know, obviously, I'd much rather be at the skating rink or on stage playing guitar, okay?
[47:21.000 --> 47:27.000]  I'm doing this because I have a mission here and I want to help people, all right?
[47:27.000 --> 47:34.000]  And talking about helping people and the funny money system, you know, and staying out of the funny money system,
[47:34.000 --> 47:40.000]  my primary mentor, Harmon Taylor, who we've had on the show many times,
[47:40.000 --> 47:48.000]  he's all about getting out of the system and the way that they lock everyone down into being a taxpayer,
[47:48.000 --> 47:56.000]  labeling you as a taxpayer, labeling you as a driver and a passenger and all these kinds of things, even consumer, okay?
[47:56.000 --> 48:02.000]  Things like this, okay, these are all legal terms that have to do with your agreement
[48:02.000 --> 48:07.000]  and your participation in the funny money system, all right?
[48:07.000 --> 48:10.000]  If you didn't have any participation in the funny money system,
[48:10.000 --> 48:15.000]  you can file lawsuits under these Consumer Protection Acts because you wouldn't be a consumer, all right?
[48:15.000 --> 48:23.000]  And so, of course, we encourage people to opt out of the funny money system as much as possible, okay?
[48:23.000 --> 48:27.000]  Opting out of the funny money system has a lot of benefits.
[48:27.000 --> 48:30.000]  You know, I'm not even going to get into all of it now.
[48:30.000 --> 48:38.000]  But there's also the issue of in order to fight the bad guys, sometimes you have to go in the Matrix, okay?
[48:38.000 --> 48:42.000]  That was one of the lessons of the Matrix trilogy.
[48:42.000 --> 48:51.000]  They had to go back into the Matrix sometimes in order to fight the bad guys and in order to preserve their very life, okay?
[48:51.000 --> 48:59.000]  The only way that they could preserve the lives of thousands of people in that underground Zion community
[48:59.000 --> 49:05.000]  was that somebody had to go inside the Matrix once in a while and deal with the situation there, okay?
[49:05.000 --> 49:14.000]  And that's what I consider that I do and Randy and Mike Mears when we're talking about dealing with these bad guys within the funny money system.
[49:14.000 --> 49:20.000]  Let me tell you, folks, I would love to just completely opt out of the funny money system altogether
[49:20.000 --> 49:25.000]  and go buy a piece of property out in the woods somewhere, out in the mountains,
[49:25.000 --> 49:31.000]  and live in a cabin completely off the grid, buy the property with silver or gold or whatever,
[49:31.000 --> 49:37.000]  and never have a Social Security number or a credit card number or Internet or nothing ever again, okay?
[49:37.000 --> 49:42.000]  But you know who that would benefit? Me and no one else, okay?
[49:42.000 --> 49:50.000]  I'm in a position and God has given me a gift to be in a position to be able to help people.
[49:50.000 --> 49:56.000]  And in order to help people, sometimes I have to participate in the funny money system.
[49:56.000 --> 50:02.000]  You think there'd be any way that I could run a talk radio network without participating in the funny money system?
[50:02.000 --> 50:07.000]  How do you think electric bills get paid? Electric company doesn't take gold and silver.
[50:07.000 --> 50:10.000]  How do you think I'm going to pay the Internet bill?
[50:10.000 --> 50:17.000]  How do you think any of these things can happen without some level of participation in the funny money system?
[50:17.000 --> 50:24.000]  So I do what I have to do to go inside the Matrix so that I can help people because if I just go live out in a cabin in the woods
[50:24.000 --> 50:28.000]  and completely opt out of everything, that's not going to help anybody but me, okay?
[50:28.000 --> 50:35.000]  But there's a lot of things that we can do to opt out of the system so we're not enslaved by it.
[50:35.000 --> 50:40.000]  And even Harmon Taylor says that there's ways that you can deal with these things without being enslaved by it.
[50:40.000 --> 50:47.000]  So I think I've said enough about that. Mike, you were going to comment that you've taken a payment in gold and silver and things like this.
[50:47.000 --> 50:54.000]  We take payment in gold and silver. We take donations in gold and silver and Bitcoin and whatnot.
[50:54.000 --> 50:59.000]  Well, over the years, you know, you run across a lot of different people who are, you know,
[50:59.000 --> 51:03.000]  basically they don't believe in the folding money and credit and all that.
[51:03.000 --> 51:10.000]  But anyhow, I let people come to me and say, Mike, would you take some silver for the payment of your courses?
[51:10.000 --> 51:16.000]  I always say, yeah, sure, why not? Am I into that? Not really. I mean, I got it put away.
[51:16.000 --> 51:24.000]  I know it's worth something. And, you know, they tell me, you know, we got it certified at 0.999% silver or whatever.
[51:24.000 --> 51:35.000]  And I had one gal one time get a hold of me. She says, would you accept a French turkey coin from 1917, gold turkey?
[51:35.000 --> 51:41.000]  I said, okay, I don't even know what the heck that is. I go look it up. It was worth quite a bit.
[51:41.000 --> 51:47.000]  I said, yeah, no problem. Well, what do you want from me? Am I out of the funny money?
[51:47.000 --> 51:56.000]  I know I got some gold and silver put away from this. But, you know, it's funny how you run into these things.
[51:56.000 --> 52:00.000]  But I've been taking this old gold and silver and that kind of stuff.
[52:00.000 --> 52:07.000]  And I just got it put away. And I know it just keeps going up in value because that's not funny money.
[52:07.000 --> 52:15.000]  No, it's not. You know, and we often encourage people to opt out of the funny money system as much as possible.
[52:15.000 --> 52:21.000]  And to do business and barter locally and things like that.
[52:21.000 --> 52:26.000]  I mean, of course it's better to get out of the funny money system as much as possible.
[52:26.000 --> 52:31.000]  But at a certain point, I couldn't have callers if I didn't participate in the funny money system.
[52:31.000 --> 52:36.000]  Okay, because telephone companies are not going to accept payment in gold and silver.
[52:36.000 --> 52:42.000]  And you know what? I don't think Bart could have even called in if he hadn't participated to a certain degree in the funny money system.
[52:42.000 --> 52:48.000]  Because how is he going to even have a phone, okay, without getting some Federal Reserve notes together?
[52:48.000 --> 52:54.000]  So, I mean, come on, people. At a certain point, it's like, give me a break. What are we supposed to do?
[52:54.000 --> 53:00.000]  Get a couple of tin cans and a wire in a ditch to do a radio network? Give me a break.
[53:00.000 --> 53:06.000]  I think that's enough on that issue. It's a little bit disgusting, you know.
[53:06.000 --> 53:13.000]  So at any rate, I want to get back on topic here a little bit. I wanted to talk about some procedural issues.
[53:13.000 --> 53:19.000]  Just going back to this somewhat on the topic of agreement.
[53:19.000 --> 53:25.000]  And in federal courts, often they will throw this magistrate issue at you.
[53:25.000 --> 53:34.000]  Where in civil cases, the judges want to turn the case over to a magistrate except for the trial.
[53:34.000 --> 53:41.000]  And they will say that they have authority to do that when really they don't, okay?
[53:41.000 --> 53:51.000]  They do not have authority to assign a magistrate to the case, to handle the case, without both sides agreeing to it.
[53:51.000 --> 54:00.000]  And this is one thing that I encourage folks to do, is right off the bat you file a document saying you do not agree to magistrate participation, period.
[54:00.000 --> 54:08.000]  And how far you want to push the envelope on that depends on the case, depends on what your goal is.
[54:08.000 --> 54:18.000]  Because what can happen is you'll end up in a very long appeals process just over that one issue alone if you really, really stick to your guns on that issue.
[54:18.000 --> 54:29.000]  But there's a lot of problems with the magistrate participation because they use that as a means to railroad litigants, even litigants with attorneys.
[54:29.000 --> 54:35.000]  And what will happen is these magistrates will come up with these outrageous recommendations.
[54:35.000 --> 54:47.000]  They'll file like a 50 or 60 page recommendation in the court record that will just make your head spin because it won't even make any sense because these are not judges, okay?
[54:47.000 --> 54:50.000]  They're magistrates. They have no business doing any of this stuff.
[54:50.000 --> 54:56.000]  And then what they do is they give you 10 days, not 30.
[54:56.000 --> 55:04.000]  It's typically 10 days to file a response or an objection to what they've said.
[55:04.000 --> 55:16.000]  And if you don't, then the judge can then say, well, you didn't object to what this magistrate said, so I'm just going to take the magistrate's recommendation.
[55:16.000 --> 55:20.000]  And that's their way of kind of the judges kind of saying, well, I'm not responsible for this.
[55:20.000 --> 55:23.000]  And then you have a hard time appealing, okay?
[55:23.000 --> 55:33.000]  And if you don't file any objections right off the get go to the magistrate participation issue, then it's really hard to get out of that later, okay?
[55:33.000 --> 55:36.000]  Now, here's what I've done in the past.
[55:36.000 --> 55:54.000]  If it's like a serious case, like maybe a criminal case, or if you're like filing a lawsuit against the federal government, okay, directly, or filing a lawsuit against a government entity in federal courts,
[55:54.000 --> 56:07.000]  or if you're suing the IRS or some things like that, I would stick to my guns 100% all the way up to the Supreme Court if I had to over the magistrate participation issue.
[56:07.000 --> 56:12.000]  Because I'm not going to tolerate a magistrate handling a case of that magnitude, all right?
[56:12.000 --> 56:14.000]  And this has happened.
[56:14.000 --> 56:23.000]  And this has happened to me before where I, you know, when the magistrate filed the, we had already objected, the magistrate filed his recommendations.
[56:23.000 --> 56:30.000]  And we immediately filed an objection saying we're not even going to address the merits of what this magistrate said.
[56:30.000 --> 56:32.000]  We are repeating our objection, okay?
[56:32.000 --> 56:35.000]  And of course, the whole case stops right there.
[56:35.000 --> 56:36.000]  We can't even proceed.
[56:36.000 --> 56:39.000]  We have to just go up the chain and appeal that one issue.
[56:39.000 --> 56:50.000]  I don't know if it were me, I probably wouldn't go there for one of these FDC, you know, DCPA or FCRA cases.
[56:50.000 --> 56:55.000]  Because you know why you're getting into a fight that you don't really need to get into?
[56:55.000 --> 57:00.000]  Because these guys are going to come to the table and cry uncle and settle anyway, okay?
[57:00.000 --> 57:06.000]  But when it does happen, because it probably will happen if it gets that far, the magistrate will be assigned,
[57:06.000 --> 57:12.000]  just be aware of this little maneuver that they pull that you typically only have 10 days.
[57:12.000 --> 57:16.000]  And I would object at the beginning of the case, I would object to the magistrate participation,
[57:16.000 --> 57:20.000]  and I would repeat the objection after the magistrate makes the recommendation.
[57:20.000 --> 57:27.000]  But I would also, you know, make some kind of defense or response to what's going on.
[57:27.000 --> 57:28.000]  Because you know what?
[57:28.000 --> 57:29.000]  It's not going to go much further.
[57:29.000 --> 57:31.000]  The case won't go that much further anyway.
[57:31.000 --> 57:33.000]  But just be aware of that 10-day issue.
[57:33.000 --> 57:36.000]  That's the main thing I wanted to make the point on that.
[57:36.000 --> 57:43.000]  I just got in the mail a notice of a case we filed, removed to the federal court.
[57:43.000 --> 57:50.000]  And I got this little document here, trials by the United States Magistrate Judge 28 USC 636C1
[57:50.000 --> 57:58.000]  and Federal Rule of Civil Procedure 73B, provide that upon the consent of all parties in a civil case,
[57:58.000 --> 58:04.000]  the district judge may enter an order reassigning the civil case to a magistrate judge.
[58:04.000 --> 58:10.000]  Miscellaneous order number six of the Northern District of Texas provides that it is the plaintiff's obligation
[58:10.000 --> 58:15.000]  to attach a copy of this notice to the complaint and summons when served.
[58:15.000 --> 58:20.000]  And it goes on to explain all the great things about a magistrate.
[58:20.000 --> 58:22.000]  Their magistrate can go scratch.
[58:22.000 --> 58:28.000]  Yeah, the reason they do that is because the caseload is so overwhelming
[58:28.000 --> 58:31.000]  that the federal judges don't have time to handle them all.
[58:31.000 --> 58:37.000]  So they shove them off on the magistrates because the magistrates have a minuscule paycheck compared with the judges.
[58:37.000 --> 58:38.000]  You know what I say?
[58:38.000 --> 58:41.000]  Hire some more judges, okay? Sorry.
[58:41.000 --> 58:42.000]  Anyway, we're going to break.
[58:42.000 --> 58:44.000]  We've got Fred from Mass on the other side.
[58:44.000 --> 58:45.000]  We'll be right back.
[58:45.000 --> 58:47.000]  This is the rule of law.
[58:47.000 --> 58:50.000]  Okay.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
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[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:53.000]  Or visit us online at bfa.org.
[59:53.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  The following newsflash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:09.000]  providing your jelly bulletins for the commodities market.
[01:00:09.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:24.000]  Markets for the 11th of December, 2015.
[01:00:24.000 --> 01:00:30.000]  Open up with gold at $1,070.62 an ounce, silver $14.11 an ounce,
[01:00:30.000 --> 01:00:43.000]  gold is crude, $36.76 a barrel, and Bitcoin is currently sitting at about $420 U.S. currency.
[01:00:43.000 --> 01:00:50.000]  Today in history, Thursday, December 11, 1913, the Mona Lisa stolen from the world's most visited museum,
[01:00:50.000 --> 01:00:54.000]  the iconic Louvre Museum in France, is finally recovered.
[01:00:54.000 --> 01:00:59.000]  It was snatched from the world's biggest museum just two years prior by Vincenzo Perugia.
[01:00:59.000 --> 01:01:05.000]  On August 21, 1911.
[01:01:05.000 --> 01:01:07.000]  And recent news.
[01:01:07.000 --> 01:01:12.000]  The use of big pharma and big agriculture is causing certain bacteria to develop resistance to the antibiotics
[01:01:12.000 --> 01:01:15.000]  being used on animals farmed for human consumption.
[01:01:15.000 --> 01:01:21.000]  This issue has spurred recommendations released in a report commissioned by British Prime Minister David Cameron earlier this week.
[01:01:21.000 --> 01:01:24.000]  Economist Jim O'Neill, who heads the commission, told The Guardian that,
[01:01:24.000 --> 01:01:29.000]  It's time for policymakers to act on this. We need to radically reduce global use of antibiotics.
[01:01:29.000 --> 01:01:33.000]  And to do this, we need world leaders to agree on an ambitious target to lower levels,
[01:01:33.000 --> 01:01:37.000]  along with restricting the use of antibiotics important to humans.
[01:01:37.000 --> 01:01:44.000]  This creates a big resistance risk for everyone, which was highlighted by the recent Chinese finding of resistance to colostin,
[01:01:44.000 --> 01:01:48.000]  an important last resort antibiotic, which has been used extensively in animals.
[01:01:48.000 --> 01:01:56.000]  The review on antimicrobial resistance estimates global antibiotic consumption in agriculture anywhere from 63,000 to 240,000 tons,
[01:01:56.000 --> 01:02:04.000]  with these figures predicted to rise 67% from 2010 to 2030 due to Brazil, Russia, India, China and South African nations
[01:02:04.000 --> 01:02:09.000]  increasing their antibiotic use by as much as 99% in the next two decades as well.
[01:02:09.000 --> 01:02:15.000]  Critics of the proposal cite shortages or price hikes on antibiotics as a result of the restrictionist policies
[01:02:15.000 --> 01:02:19.000]  that would have to be enforced over production and distribution.
[01:02:23.000 --> 01:02:29.000]  French Foreign Minister Laurent Fabius says that the COP21 climate talks he is co-hosting outside of Paris
[01:02:29.000 --> 01:02:33.000]  will not end today as scheduled, but will be extended at least until tomorrow.
[01:02:33.000 --> 01:02:39.000]  Diplomats and other top officials from more than 190 countries are agreeing on the final details of the global initiative
[01:02:39.000 --> 01:02:44.000]  to reduce man-made carbon emissions. There is still work to do. Things are going in the right direction, he said.
[01:02:44.000 --> 01:02:49.000]  Another crucial factor is China, the US and other nations trying to figure out who's paying what
[01:02:49.000 --> 01:02:53.000]  for the multi-trillion dollar transition to clean energy on a global scale.
[01:02:53.000 --> 01:03:13.000]  This is your Lowdown for December 11, 2015.
[01:03:23.000 --> 01:03:40.000]  OK, folks, we are back. This is the Rule of Law, Randy Kelton.
[01:03:40.000 --> 01:03:46.000]  I'm Deborah Stevens and we're here with our very good friend and guest, Mr. Mike Meares.
[01:03:46.000 --> 01:03:50.000]  And I just wanted to finish up on this Magistrate Participation issue.
[01:03:50.000 --> 01:03:57.000]  You know, it really is a problem, this Magistrate Participation deal, because they are often arrogant
[01:03:57.000 --> 01:04:03.000]  and acting too big for their britches and they have no accountability.
[01:04:03.000 --> 01:04:11.000]  And they think that they can just throw out all these outrageous recommendations without any backlash.
[01:04:11.000 --> 01:04:19.000]  And it really is a problem, especially when you're dealing with a case of, you know, very grave magnitude,
[01:04:19.000 --> 01:04:26.000]  like talking about suing the IRS, suing government entities, or if the IRS sues you, things like this.
[01:04:26.000 --> 01:04:31.000]  You know, in criminal cases, a lot of times you don't have to deal with magistrates as much.
[01:04:31.000 --> 01:04:39.000]  But in civil cases, they pretty much will almost always try to railroad you into a magistrate in civil cases,
[01:04:39.000 --> 01:04:41.000]  especially when you're a pro se plaintiff.
[01:04:41.000 --> 01:04:50.000]  And so I just wanted to finish up with the good news on that issue, talking about, you know, the million darts,
[01:04:50.000 --> 01:05:00.000]  you know, strategy, so to speak, up in the Seventh Circuit, you know, going back to my primary mentor,
[01:05:00.000 --> 01:05:07.000]  Mr. Harmon Taylor, who is all about opting out of the system and non-consent.
[01:05:07.000 --> 01:05:13.000]  And I did not agree to your choice of law and all of these things.
[01:05:13.000 --> 01:05:22.000]  You know, he has been fighting this issue of these judges railroading his clients into magistrate participation
[01:05:22.000 --> 01:05:25.000]  for years and years and years.
[01:05:25.000 --> 01:05:34.000]  And he has been fighting this issue so hard for so long with so many people taking it all the way up to the Supreme Court
[01:05:34.000 --> 01:05:37.000]  and everything, and there is Supreme Court case law on this.
[01:05:37.000 --> 01:05:38.000]  It's the Gonzalez case.
[01:05:38.000 --> 01:05:40.000]  You can look it up.
[01:05:40.000 --> 01:05:46.000]  And this doesn't have to do just with the trial, okay, because the judges will say,
[01:05:46.000 --> 01:05:51.000]  well, if you want a magistrate, you have to agree in order for a magistrate to preside over the trial.
[01:05:51.000 --> 01:05:54.000]  But for everything else, it's not your choice.
[01:05:54.000 --> 01:05:55.000]  That's not true.
[01:05:55.000 --> 01:05:56.000]  That's not what the Gonzalez case says.
[01:05:56.000 --> 01:05:58.000]  Well, anyway, he's been fighting it, fighting it, fighting it.
[01:05:58.000 --> 01:06:00.000]  His clients are fighting it, fighting it, fighting it.
[01:06:00.000 --> 01:06:02.000]  They're always standing their ground.
[01:06:02.000 --> 01:06:04.000]  We're standing our ground on that issue as well.
[01:06:04.000 --> 01:06:15.000]  Well, after 15 years or so of just continually hammering the district courts and the Seventh Circuit Appellate Court on this issue,
[01:06:15.000 --> 01:06:22.000]  it's finally, the dam is finally broken on that, okay, at least up in that area in the Seventh Circuit.
[01:06:22.000 --> 01:06:31.000]  It's finally gotten to the point now within the last couple of years that the courts are no longer railroading his clients
[01:06:31.000 --> 01:06:33.000]  into magistrate participation.
[01:06:33.000 --> 01:06:38.000]  When they file that initial standing objection to magistrate participation, that's it.
[01:06:38.000 --> 01:06:39.000]  It's never mentioned again.
[01:06:39.000 --> 01:06:41.000]  Okay, so we can make a difference.
[01:06:41.000 --> 01:06:44.000]  Sometimes it takes a little longer than we'd like, but it does happen.
[01:06:44.000 --> 01:06:48.000]  Okay, so we're going to go now to Fred in Massachusetts.
[01:06:48.000 --> 01:06:49.000]  Fred, thank you for calling in.
[01:06:49.000 --> 01:06:52.000]  What is your question for Mike Mears tonight?
[01:06:52.000 --> 01:06:54.000]  Yeah, thank you guys for all you do.
[01:06:54.000 --> 01:07:04.000]  I was in court years ago when I think I got railroaded by a judge that just came in in the middle of my thing as like sort of a magistrate.
[01:07:04.000 --> 01:07:09.000]  How do you know when you're dealing with this magistrate that's a magistrate judge?
[01:07:09.000 --> 01:07:12.000]  Was it a federal, is this federal court?
[01:07:12.000 --> 01:07:15.000]  It was a credit card thing.
[01:07:15.000 --> 01:07:18.000]  But was it federal court though?
[01:07:18.000 --> 01:07:22.000]  It was the Lynn District Court in Massachusetts.
[01:07:22.000 --> 01:07:25.000]  But was that state court or federal court?
[01:07:25.000 --> 01:07:28.000]  It's the Lynn District Court.
[01:07:28.000 --> 01:07:33.000]  You know, they have criminal and they have civil stuff.
[01:07:33.000 --> 01:07:41.000]  Well, yeah, federal courts have criminal and civil, but it sounds to me like it was a state court.
[01:07:41.000 --> 01:07:43.000]  State or county.
[01:07:43.000 --> 01:07:45.000]  Yeah, state or county.
[01:07:45.000 --> 01:07:47.000]  I mean, what was the venue?
[01:07:47.000 --> 01:07:48.000]  What was the court?
[01:07:48.000 --> 01:07:53.000]  Was this a court in the state of Massachusetts or in a certain county?
[01:07:53.000 --> 01:08:00.000]  It was in, it was called Lynn District Court where Lynn is a small city or town.
[01:08:00.000 --> 01:08:06.000]  But they had the Lynn District Court and they'd have all the, they'd bring all the, you know, the credit card people,
[01:08:06.000 --> 01:08:12.000]  the people that had a credit card debt and wanted to, you know, make a payment or run an argument.
[01:08:12.000 --> 01:08:16.000]  Okay, that is either a state court or a county court.
[01:08:16.000 --> 01:08:23.000]  I haven't seen much of this magistrate, you know, shenanigans going on at those levels.
[01:08:23.000 --> 01:08:29.000]  The magistrate, the magistrate shenanigans are mostly in the federal court system because you've got two,
[01:08:29.000 --> 01:08:37.000]  you'll have like two federal judges for a district of a, over a population that has like four or five million people.
[01:08:37.000 --> 01:08:38.000]  Okay.
[01:08:38.000 --> 01:08:44.000]  This doesn't, they don't really do magistrate railroad jobs at the state and county level.
[01:08:44.000 --> 01:08:45.000]  Go ahead, Randy.
[01:08:45.000 --> 01:08:53.000]  In the states, a magistrate only, they have magistrates, they have two things, there are three things they can do.
[01:08:53.000 --> 01:08:56.000]  They can marry people so they'd make a few extra bucks.
[01:08:56.000 --> 01:09:01.000]  They can hold an examining trial and they can set bail and that's it.
[01:09:01.000 --> 01:09:04.000]  They can't preside over cases.
[01:09:04.000 --> 01:09:12.000]  A magistrate can also be a judge, but when he's acting as a magistrate, he's not a judge.
[01:09:12.000 --> 01:09:21.000]  So this was in the state, the judge had to be just a judge that was assigned.
[01:09:21.000 --> 01:09:26.000]  When they want to screw you around real good, they'll assign a retired judge.
[01:09:26.000 --> 01:09:30.000]  Yeah, or they'll bring in a traveling judge or something like that.
[01:09:30.000 --> 01:09:31.000]  That's what they did.
[01:09:31.000 --> 01:09:32.000]  They brought in another judge.
[01:09:32.000 --> 01:09:40.000]  I had two sets of judges that bought my argument well and I was moving along and one judge just sort of joked with me,
[01:09:40.000 --> 01:09:47.000]  liked my argument, told me not to change it, took it under advisement, talked to other judges about it.
[01:09:47.000 --> 01:09:58.000]  And then the credit card company threw the third summary judgment at me and I'd done well on the other summary judgments.
[01:09:58.000 --> 01:10:08.000]  And then this circuit judge who didn't have his picture up on the board with all the other judges happened to be in court that day,
[01:10:08.000 --> 01:10:16.000]  he did let me talk and then he just said, well, nothing any of those other judges said means anything.
[01:10:16.000 --> 01:10:19.000]  I'm finding for the plaintiff and you don't get to go to trial.
[01:10:19.000 --> 01:10:29.000]  I was three days away from a jury trial that supposedly wasn't allowed to happen because I had the plaintiff's attorney saying,
[01:10:29.000 --> 01:10:32.000]  you know, Your Honor, he can't have a jury trial.
[01:10:32.000 --> 01:10:35.000]  And the judge said, well, his argument's different.
[01:10:35.000 --> 01:10:37.000]  I'm going to let him have a jury trial.
[01:10:37.000 --> 01:10:43.000]  So I was very excited to just throw their arguments back at him for the fake money thing.
[01:10:43.000 --> 01:10:46.000]  Was this, were you the defendant in that case?
[01:10:46.000 --> 01:10:47.000]  Yes.
[01:10:47.000 --> 01:10:55.000]  Well, that's very interesting because typically in civil cases, the plaintiff gets to decide whether it's a jury trial or not.
[01:10:55.000 --> 01:10:59.000]  So that's quite a victory right there, I would say.
[01:10:59.000 --> 01:11:07.000]  Yep. And it was more because I just, you know, it's just I seemed naive and the judge sort of thought it would make, you know, be more fair.
[01:11:07.000 --> 01:11:10.000]  But he definitely, he liked my argument.
[01:11:10.000 --> 01:11:20.000]  You know, he straight up bringing up the idea that in law, you know, media and schools, you know, the educational system,
[01:11:20.000 --> 01:11:30.000]  the media suggests that we're in a constitutional republic and that Congress has direct oversight into the type of currency and credit that we're using,
[01:11:30.000 --> 01:11:32.000]  if it's not gold and silver coin.
[01:11:32.000 --> 01:11:38.000]  And, you know, these jokers that have bankrupted the country are RICO fraudsters.
[01:11:38.000 --> 01:11:39.000]  That was my argument.
[01:11:39.000 --> 01:11:56.000]  I thought it was an easier argument to get it into court as just, you know, pretending to be the naive little defendant than having to, you know, do what the other caller was suggesting about having a massive class action lawsuit.
[01:11:56.000 --> 01:12:04.000]  Well, so did you, were you saying that the plaintiff ended up getting summary judgment anyway before it went to trial?
[01:12:04.000 --> 01:12:11.000]  Yep. Yep. And what the judge said, though, was just, you know, ridiculous.
[01:12:11.000 --> 01:12:26.000]  You know, I had mentioned that in John Perkins' book that he alluded to, you know, what corporations did overseas was very similar to what was being done to the American people to bankrupt them.
[01:12:26.000 --> 01:12:43.000]  And the judge said, well, I read John Perkins' book, Confessions of an Economic, and nowhere in that book did it ever say, and I went back and I could find, you know, three pages of it that were about how the world's being bankrupted by the same people.
[01:12:43.000 --> 01:13:00.000]  And so, you know, I went as far as I felt comfortable going and trying to like raise those issues. But, you know, I saw that same, you know, the judge that bounced me into another court where I won the second summary judgment.
[01:13:00.000 --> 01:13:03.000]  You won the second summary judgment.
[01:13:03.000 --> 01:13:14.000]  Yeah, I won the first, the second, and then they brought in a circuit court judge. It just seemed like a retired commudgeon that just was just out to, you know.
[01:13:14.000 --> 01:13:18.000]  Wait, wait a minute. Wait, were you the plaintiff?
[01:13:18.000 --> 01:13:21.000]  No, I was defending, just credit card debt.
[01:13:21.000 --> 01:13:26.000]  You were defending. Okay. So are you saying you won the summary judgment?
[01:13:26.000 --> 01:13:28.000]  I won the, they asked for a summary.
[01:13:28.000 --> 01:13:32.000]  And you, and the judge denied them their summary judgment?
[01:13:32.000 --> 01:13:42.000]  Yeah, the judge, and it was great because I got to go out of, you know, I get to, you know, just sort of, you know, tell the, talk to the attorney who was telling the judge.
[01:13:42.000 --> 01:13:43.000]  One of the, well, some of the-
[01:13:43.000 --> 01:13:47.000]  Wait, wait, wait, wait. Hold on, hold on. Before you continue on, I just want to make sure I got the facts straight.
[01:13:47.000 --> 01:13:58.000]  They asked for summary judgment. The judge denied them their summary judgment. Did you get awarded a summary judgment at that point, or did the case proceed?
[01:13:58.000 --> 01:14:08.000]  No, I wanted to just be in front of a jury, just get a jury trial, and they were like adamant, you know, the adamant that I couldn't have a jury.
[01:14:08.000 --> 01:14:12.000]  And, you know, and the judge just shut the lawyer up, and he goes, no, he's-
[01:14:12.000 --> 01:14:14.000]  Okay, so did you end up getting your jury trial?
[01:14:14.000 --> 01:14:24.000]  I'm going to get him, yep. The judge awarded me a jury trial to defend, you know, he insisted that, no, his argument's different.
[01:14:24.000 --> 01:14:29.000]  So I let him have the jury trial, and they got real, real nervous about it.
[01:14:29.000 --> 01:14:40.000]  I mean, they were like, the plaintiff's attorney was visibly upset, and leaving the courtroom, you know, I joked with this attorney, Arthur.
[01:14:40.000 --> 01:14:51.000]  I said, you know, I told them I was hoping that they were going to let him be the lead attorney, because that was going to make all debt in the whole world disappear.
[01:14:51.000 --> 01:14:54.000]  Okay, so did you have your jury trial yet?
[01:14:54.000 --> 01:15:09.000]  No, I was, what happened, this is all back in 96, and then actually March 3rd of 2007 was supposed to be my date to go before a jury, I believe, or it was right in that timeframe.
[01:15:09.000 --> 01:15:25.000]  And I had the summary judgment. I had two judges that thought I deserved, you know, should be able to air my argument, and then one that didn't, I just got to tell them on the radio.
[01:15:25.000 --> 01:15:37.000]  So it was really, you know, real interesting, but it was, you know, in the end to have a commotion judge deny me my summary judgment, that was like, you know, just hard to deal with.
[01:15:37.000 --> 01:15:43.000]  Okay, so this judge ended up giving the defendant a summary judgment in the end is what you're saying.
[01:15:43.000 --> 01:15:54.000]  Yeah, and then, you know, I had to work with some attorneys at a law firm to, you know, to get on a payment plan and do this.
[01:15:54.000 --> 01:15:56.000]  Is that still on your credit report?
[01:15:56.000 --> 01:16:03.000]  Well, it's funny, because I still had, I had an order to pay, and I just went to the law firm, and I just, you know.
[01:16:03.000 --> 01:16:07.000]  Right, but I'm asking you, is that still on your credit report?
[01:16:07.000 --> 01:16:17.000]  I believe it isn't, because I don't check my credit. I don't, I get credit card offers. I have credit cards again, and I have a much different attitude now.
[01:16:17.000 --> 01:16:24.000]  I believe that it was being caused to, you know, buy and sell with the fake funny money, as your other caller was saying.
[01:16:24.000 --> 01:16:34.000]  And because of that, I didn't want to, you know, I just said, you know, you got to make this, if you're going to say I have debt, you got to make this currency and credit system,
[01:16:34.000 --> 01:16:43.000]  you got to make it constitutionally or democratically legitimate for, the system ought to be just turned away with.
[01:16:43.000 --> 01:16:48.000]  Okay, well, I have some comments on that. Did you have anything else for us, Fred?
[01:16:48.000 --> 01:16:50.000]  No, that can be it.
[01:16:50.000 --> 01:16:58.000]  Well, thank you, Fred. We appreciate the call, and next time something like that happens, contact Mike Mirris, because there's things that can be done.
[01:16:58.000 --> 01:17:00.000]  We'll be right back.
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[01:17:49.000 --> 01:18:00.000]  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.
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[01:19:24.000 --> 01:19:42.000]  Okay, folks, we are back.
[01:19:42.000 --> 01:19:45.000]  We can get a rain check if we can't get it all right now.
[01:19:45.000 --> 01:19:49.000]  But hey, that's not always funny money, you know.
[01:19:49.000 --> 01:19:54.000]  All right, we are here, Randy Kelton and Deborah Stevens.
[01:19:54.000 --> 01:19:58.000]  We're here with our very good friend and special guest, Mr. Mike Mears.
[01:19:58.000 --> 01:20:06.000]  And I wanted to just discuss a few things that our last caller, Fred, was talking about.
[01:20:06.000 --> 01:20:18.000]  Number one, concerning getting judgments against you in a state or county court when the credit card companies or the debt collectors go after you.
[01:20:18.000 --> 01:20:28.000]  All right, if you're in a situation where a credit card or creditor or debt collector is coming after you in state or federal court,
[01:20:28.000 --> 01:20:34.000]  make sure that you contact Mike Mears immediately because there are things that can be done.
[01:20:34.000 --> 01:20:37.000]  Don't wait until you get a judgment against you.
[01:20:37.000 --> 01:20:45.000]  All right, but whether you have a judgment against you or not or even if you've had a judgment against you for a while,
[01:20:45.000 --> 01:20:50.000]  still contact Mike Mears because there are things that can be done, okay?
[01:20:50.000 --> 01:20:57.000]  And primarily is you go after them in federal court for the DCPA and the FCRA.
[01:20:57.000 --> 01:21:01.000]  You set them up like he instructs in his course.
[01:21:01.000 --> 01:21:10.000]  And as part of the settlement agreement, if you're currently involved in a case, in a state case or a county case where they're going after you,
[01:21:10.000 --> 01:21:14.000]  if you're currently involved in the case, like Mike said earlier, the worst thing you can do is not answer the suit.
[01:21:14.000 --> 01:21:16.000]  You get a default against you, okay?
[01:21:16.000 --> 01:21:19.000]  You have to answer the suit, okay?
[01:21:19.000 --> 01:21:22.000]  And so he can help with that, can be a one-pager.
[01:21:22.000 --> 01:21:23.000]  It's real easy.
[01:21:23.000 --> 01:21:28.000]  I mean, at least you've got to make an appearance to avoid that default judgment.
[01:21:28.000 --> 01:21:33.000]  And then there are ways to deal with situations in the state court.
[01:21:33.000 --> 01:21:38.000]  But ASAP, you've got to get that federal lawsuit filed.
[01:21:38.000 --> 01:21:42.000]  You've got to set up that federal lawsuit and get it filed immediately.
[01:21:42.000 --> 01:21:50.000]  You've got to do the in-run and come after them from the other direction with the federal lawsuit
[01:21:50.000 --> 01:21:53.000]  because that's the least thing that they're going to be expecting.
[01:21:53.000 --> 01:22:00.000]  And then as part of the settlement agreement that you back them into the corner for settlement agreements,
[01:22:00.000 --> 01:22:06.000]  part of the terms and conditions of that settlement agreement are you get them to,
[01:22:06.000 --> 01:22:11.000]  you force them to dismiss their own case with prejudice, all right?
[01:22:11.000 --> 01:22:14.000]  And if there's a judgment, if they already have a summary judgment
[01:22:14.000 --> 01:22:17.000]  or if they already have any kind of monetary judgment against you,
[01:22:17.000 --> 01:22:21.000]  you force them to vacate and void that judgment, okay?
[01:22:21.000 --> 01:22:27.000]  So there's things that can be done even if you're in trouble or have already been in trouble in the state courts.
[01:22:27.000 --> 01:22:39.000]  And speaking of judgments, one thing I just wanted to mention here about judgments being in your credit report.
[01:22:39.000 --> 01:22:43.000]  We've talked about this, you know, briefly on a couple of the breaks.
[01:22:43.000 --> 01:22:50.000]  I had a question for Mike concerning what happens if you have,
[01:22:50.000 --> 01:22:55.000]  like say you were in a civil lawsuit on a totally unrelated issue, okay,
[01:22:55.000 --> 01:22:58.000]  not debt collector related, not credit card related.
[01:22:58.000 --> 01:23:06.000]  Say there was something else that happened and you ended up with a civil judgment against you in your credit report
[01:23:06.000 --> 01:23:08.000]  and it's appearing in your credit report.
[01:23:08.000 --> 01:23:15.000]  And my question was, well, like how can that be possible or how can that be lawful?
[01:23:15.000 --> 01:23:21.000]  Because say if a judge awarded a judgment against you,
[01:23:21.000 --> 01:23:26.000]  well, you never gave your opposing litigant any permissible purpose to be in your credit report.
[01:23:26.000 --> 01:23:29.000]  How could they get that in your credit report?
[01:23:29.000 --> 01:23:36.000]  You may have never given the court, you know, permission to be in your credit report.
[01:23:36.000 --> 01:23:43.000]  And so Mike was saying that, well, what happens a lot of times with these state and county courts,
[01:23:43.000 --> 01:23:47.000]  well, Mike, why don't you tell us what they do, what these state and county courts do.
[01:23:47.000 --> 01:23:54.000]  Well, what the credit bureaus do is they have people that are on their payroll that go around to the courts
[01:23:54.000 --> 01:23:59.000]  and they look at the key words as public records.
[01:23:59.000 --> 01:24:03.000]  You can go into any local courthouse and look at the records there.
[01:24:03.000 --> 01:24:08.000]  And that's what these people do and they get there, they probably walk in, and I'm guessing,
[01:24:08.000 --> 01:24:12.000]  but they'll ask the clerk, have you had any judgments this past week?
[01:24:12.000 --> 01:24:14.000]  Oh, yeah, we got 16 judgments.
[01:24:14.000 --> 01:24:19.000]  Oh, and they go and they look, okay, and they get that information
[01:24:19.000 --> 01:24:25.000]  and then they provide it to their boss, the credit bureau, and that's how it gets in your credit report.
[01:24:25.000 --> 01:24:29.000]  It's not like the court is sending it out to the credit bureaus,
[01:24:29.000 --> 01:24:34.000]  but the credit bureaus have people that work for them that walk into these courthouses
[01:24:34.000 --> 01:24:40.000]  and can look at those records, get the information, and then they send it to their credit bureau.
[01:24:40.000 --> 01:24:42.000]  And that's how it gets in your credit report.
[01:24:42.000 --> 01:24:50.000]  Yeah, it gets in as a public record, not as like an entry from a creditor.
[01:24:50.000 --> 01:24:59.000]  Right, and the credit bureaus don't care because their job is to assess everybody's credit.
[01:24:59.000 --> 01:25:04.000]  So you've got judgments against you, you've got issues with your credit,
[01:25:04.000 --> 01:25:07.000]  we can put that in your credit report, and that's what they do.
[01:25:07.000 --> 01:25:13.000]  And this is public records, and so we were discussing,
[01:25:13.000 --> 01:25:18.000]  well, there's all kinds of public records things that could get in your credit report.
[01:25:18.000 --> 01:25:26.000]  One of the techniques we recommend is to, and we're not being sponsored by this company,
[01:25:26.000 --> 01:25:30.000]  but Privacy Guard is a good entity that monitors your credit
[01:25:30.000 --> 01:25:35.000]  and you can get your full credit report every 30 days and all these kinds of things.
[01:25:35.000 --> 01:25:41.000]  But I have seen in the Privacy Guard, you go through the different pages of your credit report,
[01:25:41.000 --> 01:25:44.000]  and one of the pages is public records.
[01:25:44.000 --> 01:25:46.000]  One of them is like criminal records.
[01:25:46.000 --> 01:25:50.000]  I mean, it's like, okay, you know, if you get a criminal conviction,
[01:25:50.000 --> 01:25:54.000]  I mean, you can't really ever get that off your record, your criminal record,
[01:25:54.000 --> 01:25:58.000]  but then what, it's going to haunt you in your credit report for the rest of your life?
[01:25:58.000 --> 01:26:05.000]  I mean, you were saying that with judgments that typically judgments drop off after seven years,
[01:26:05.000 --> 01:26:06.000]  bankruptcies after ten years.
[01:26:06.000 --> 01:26:08.000]  Yes, ten years, right.
[01:26:08.000 --> 01:26:13.000]  Okay, but does that still apply if it's a public record?
[01:26:13.000 --> 01:26:17.000]  If it's a judgment, yes.
[01:26:17.000 --> 01:26:23.000]  Okay, public record, criminal record, I can't opine on that.
[01:26:23.000 --> 01:26:25.000]  I don't have enough knowledge on that.
[01:26:25.000 --> 01:26:28.000]  I've never been involved with that stuff.
[01:26:28.000 --> 01:26:34.000]  But any type of judgment can stay on your credit report for seven years,
[01:26:34.000 --> 01:26:36.000]  and then it has to drop off.
[01:26:36.000 --> 01:26:40.000]  But bankruptcy is on there for ten years.
[01:26:40.000 --> 01:26:44.000]  Even if it's a public record and not like an entry from a creditor.
[01:26:44.000 --> 01:26:45.000]  Correct.
[01:26:45.000 --> 01:26:52.000]  Okay, so what Mike was saying on the break is that even though it's a public record,
[01:26:52.000 --> 01:26:59.000]  Mike says that there are ways to deal with that situation with the credit bureaus,
[01:26:59.000 --> 01:27:05.000]  and we're not going to display all the secrets on the air on this one.
[01:27:05.000 --> 01:27:09.000]  We're telling, we're giving a lot of information for free here, folks.
[01:27:09.000 --> 01:27:11.000]  We give a lot of information for free.
[01:27:11.000 --> 01:27:19.000]  But at a certain point, we have to get some funny money here to pay the Internet bill.
[01:27:19.000 --> 01:27:25.000]  Okay, so anyways, so yes, if you contact Mike off the air,
[01:27:25.000 --> 01:27:29.000]  he can give you more information about how you can deal with these credit bureaus
[01:27:29.000 --> 01:27:31.000]  regarding these public records.
[01:27:31.000 --> 01:27:33.000]  So I just want to put it out there.
[01:27:33.000 --> 01:27:37.000]  Well, the big thing with the credit bureaus, folks, is you've got to remember,
[01:27:37.000 --> 01:27:40.000]  they have no money involved with this stuff.
[01:27:40.000 --> 01:27:41.000]  Think about it.
[01:27:41.000 --> 01:27:45.000]  Credit bureaus don't make money off of loaning you money or funny money,
[01:27:45.000 --> 01:27:48.000]  whatever you want to call it, okay?
[01:27:48.000 --> 01:27:49.000]  They don't work that way.
[01:27:49.000 --> 01:27:55.000]  They make their money from their clients by charging them for those people's credit.
[01:27:55.000 --> 01:27:58.000]  So you go up to the credit bureau and you're suing them,
[01:27:58.000 --> 01:28:03.000]  you've got a decent lawsuit, it's a no-brainer.
[01:28:03.000 --> 01:28:08.000]  They're not in the business to make money off of you.
[01:28:08.000 --> 01:28:12.000]  They're in the business to make money off their customers,
[01:28:12.000 --> 01:28:17.000]  who are the banks, the lenders, the mortgage holders, whatever, okay?
[01:28:17.000 --> 01:28:22.000]  So that's why you get their attention pretty quick with the credit bureaus.
[01:28:22.000 --> 01:28:25.000]  It's going to cost them a lot of money to fight you,
[01:28:25.000 --> 01:28:28.000]  and is it just easier to remove it from the credit report?
[01:28:28.000 --> 01:28:32.000]  We just won't report it in there because, like I said earlier,
[01:28:32.000 --> 01:28:36.000]  if their customers can't tell them, why aren't you reporting it?
[01:28:36.000 --> 01:28:40.000]  Well, we don't want to because we've got some legal issues with it.
[01:28:40.000 --> 01:28:43.000]  Who else are their customers going to go to?
[01:28:43.000 --> 01:28:45.000]  There's only three credit bureaus in the United States.
[01:28:45.000 --> 01:28:47.000]  That's it.
[01:28:47.000 --> 01:28:50.000]  Yeah, and when it comes to you, the consumer,
[01:28:50.000 --> 01:28:52.000]  they don't have any skin in the game when it comes to you
[01:28:52.000 --> 01:28:55.000]  because you're not their clients.
[01:28:55.000 --> 01:29:00.000]  Right, and they have no money invested in you like the banks and credit card companies.
[01:29:00.000 --> 01:29:03.000]  That's why a lot of times it's easier to go after the credit bureaus,
[01:29:03.000 --> 01:29:06.000]  get stuff removed, take them into federal court,
[01:29:06.000 --> 01:29:09.000]  and a lot of times they will settle very, very quickly.
[01:29:09.000 --> 01:29:14.000]  And let me give you a freebie while we're on here, Deborah, to everybody out there.
[01:29:14.000 --> 01:29:15.000]  If you need to get your credit report,
[01:29:15.000 --> 01:29:21.000]  you haven't got money to sign up for one of these privacy guards or stuff like that,
[01:29:21.000 --> 01:29:24.000]  you can get your credit report once a year for free.
[01:29:24.000 --> 01:29:31.000]  It's called annualcreditreport.com, annualcreditreport.com.
[01:29:31.000 --> 01:29:34.000]  You can get your credit report there once a year for free,
[01:29:34.000 --> 01:29:37.000]  and you'll get all three reports absolutely free.
[01:29:37.000 --> 01:29:38.000]  Okay, that's awesome.
[01:29:38.000 --> 01:29:41.000]  All right, we're going to break here.
[01:29:41.000 --> 01:29:45.000]  Mike, I'd like you to say a few closing words on the other side
[01:29:45.000 --> 01:29:47.000]  unless we have any more callers that come in.
[01:29:47.000 --> 01:29:49.000]  Our call board is clear right now.
[01:29:49.000 --> 01:29:53.000]  Folks, if you want to ask Mike a question, get in now.
[01:29:53.000 --> 01:30:03.000]  512-646-1984, we will be right back.
[01:30:03.000 --> 01:30:07.000]  We've all seen movies where the bad guys plan to bug in someone's office,
[01:30:07.000 --> 01:30:11.000]  but what if the government secretly bugged thousands of innocent people?
[01:30:11.000 --> 01:30:12.000]  I'm Dr. Catherine Albrecht,
[01:30:12.000 --> 01:30:16.000]  and I'll be back in a moment to tell you where it actually happened.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:26.000]  Once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:29.000]  So protect your rights, say no to surveillance,
[01:30:29.000 --> 01:30:32.000]  and keep your information to yourself.
[01:30:32.000 --> 01:30:34.000]  Privacy, it's worth hanging onto.
[01:30:34.000 --> 01:30:38.000]  This public service announcement is brought to you by StartPage.com,
[01:30:38.000 --> 01:30:42.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.000 --> 01:30:45.000]  Start over with StartPage.
[01:30:45.000 --> 01:30:48.000]  It's the toll transponder from hell.
[01:30:48.000 --> 01:30:51.000]  You know the easy pass people stick on their windshields to pay for tolls?
[01:30:51.000 --> 01:30:55.000]  Here in the U.S., they track each time you pass through a toll booth.
[01:30:55.000 --> 01:30:59.000]  That's pretty bad, but it's nothing compared to what they did in China.
[01:30:59.000 --> 01:31:01.000]  According to a Hong Kong newspaper,
[01:31:01.000 --> 01:31:04.000]  the Chinese government secretly hid powerful listening devices
[01:31:04.000 --> 01:31:08.000]  in the windshield transponders issued to Chinese drivers.
[01:31:08.000 --> 01:31:11.000]  Experts say the devices could pick up conversations
[01:31:11.000 --> 01:31:14.000]  and transmit them miles away to government authorities.
[01:31:14.000 --> 01:31:20.000]  Thousands of innocent people are believed to have been spied on in this way since 2007.
[01:31:20.000 --> 01:31:23.000]  Talk about a Trojan horse or a Chinese one.
[01:31:23.000 --> 01:31:25.000]  I'm Dr. Catherine Albrecht.
[01:31:25.000 --> 01:31:30.000]  More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives,
[01:31:46.000 --> 01:31:49.000]  and thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:22.000]  Let's go to RememberBuilding7.org today.
[01:32:28.000 --> 01:32:45.000]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out of town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:01.000]  I mean, I'd actually be kidding about chemtrails.
[01:33:01.000 --> 01:33:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.000 --> 01:33:27.000]  Thank you.
[01:33:27.000 --> 01:33:54.000]  All right.
[01:33:54.000 --> 01:33:57.000]  Truth in nature.
[01:33:57.000 --> 01:34:00.000]  We're giving folks the tools of ingenuity,
[01:34:00.000 --> 01:34:07.000]  and folks have the tools of ingenuity on their own already, and we are here to help folks.
[01:34:07.000 --> 01:34:09.000]  We're here to help people primarily.
[01:34:09.000 --> 01:34:11.000]  That's why we're here.
[01:34:11.000 --> 01:34:17.000]  So folks, if you need some help, 512-646-1984,
[01:34:17.000 --> 01:34:31.000]  I did want to make another comment about some things that Fred had said concerning making them enforce some constitutionality over this funny money system.
[01:34:31.000 --> 01:34:43.000]  And I would encourage folks to look back into our archives and listen to some of the archives where we had Harmon Taylor on, because he kind of breaks this down.
[01:34:43.000 --> 01:34:47.000]  And I will break it down some here tonight.
[01:34:47.000 --> 01:34:51.000]  I mean, this is a topic that could take many hours and many shows.
[01:34:51.000 --> 01:35:01.000]  But basically, the whole thing with the funny money system is it's completely outside the realm of the Constitution, okay?
[01:35:01.000 --> 01:35:06.000]  The two have nothing to do with each other whatsoever.
[01:35:06.000 --> 01:35:14.000]  That's kind of the whole point because this is what we call all by commercial agreement.
[01:35:14.000 --> 01:35:25.000]  And so if you, by commercial agreement, agree into that funny money system, you're now in a whole different what's called a choice of law, okay?
[01:35:25.000 --> 01:35:34.000]  And if you ever deal with international commerce attorneys or international business law, things like that,
[01:35:34.000 --> 01:35:36.000]  you'll know what I'm talking about.
[01:35:36.000 --> 01:35:42.000]  And if you go back and listen to some of Harmon Taylor's archives here, you'll get a better idea of what I'm talking about.
[01:35:42.000 --> 01:35:50.000]  But, you know, there's a lot of talk about the Constitution and Constitution this, Constitution that, and this law is unconstitutional and all this sort of thing.
[01:35:50.000 --> 01:35:54.000]  And we need to make them do things in a constitutional manner.
[01:35:54.000 --> 01:36:02.000]  And it's like that's, I mean, I hate to break people's bubbles here, but that's kind of neither here nor there, okay?
[01:36:02.000 --> 01:36:04.000]  That's just one choice of law.
[01:36:04.000 --> 01:36:10.000]  And if you're dealing with the law of the land, I mean, what is the Constitution?
[01:36:10.000 --> 01:36:14.000]  It's the supreme law of the land, okay?
[01:36:14.000 --> 01:36:23.000]  Law of the land has to do with legitimate money, quote, unquote, which is gold, silver, okay?
[01:36:23.000 --> 01:36:26.000]  Property, hard property, hard assets.
[01:36:26.000 --> 01:36:28.000]  We're talking about funny money here.
[01:36:28.000 --> 01:36:31.000]  This is not law of the land.
[01:36:31.000 --> 01:36:33.000]  This is not, that does not fall under the law of the land.
[01:36:33.000 --> 01:36:36.000]  That actually falls under maritime law.
[01:36:36.000 --> 01:36:37.000]  And we can prove it.
[01:36:37.000 --> 01:36:39.000]  Harmon Taylor has proved it.
[01:36:39.000 --> 01:36:45.000]  This isn't conspiracy theory or patronut business or legal mythology.
[01:36:45.000 --> 01:36:52.000]  He made some of these arguments in a very, very important case when he was a bar card carrying attorney.
[01:36:52.000 --> 01:36:57.000]  He has since turned in that bar card and gotten out of that system.
[01:36:57.000 --> 01:37:01.000]  Now he helps people that engage in the courts as process.
[01:37:01.000 --> 01:37:10.000]  But he argued constitutionality of some very serious laws regarding the Oklahoma City bombing.
[01:37:10.000 --> 01:37:14.000]  That's how he came to get this knowledge.
[01:37:14.000 --> 01:37:21.000]  And he ended up getting what he calls the padded two by four, where he was arguing that, you know,
[01:37:21.000 --> 01:37:25.000]  they never should have tried the Timothy McVeigh and the federal courts to begin with
[01:37:25.000 --> 01:37:28.000]  because it wasn't even federal property.
[01:37:28.000 --> 01:37:30.000]  It was a state property.
[01:37:30.000 --> 01:37:31.000]  The feds were renting it.
[01:37:31.000 --> 01:37:32.000]  They had no jurisdiction.
[01:37:32.000 --> 01:37:35.000]  It should have been a state murder trial for one thing.
[01:37:35.000 --> 01:37:39.000]  And they sure as heck never should have moved it out of Oklahoma.
[01:37:39.000 --> 01:37:40.000]  They moved it to Colorado.
[01:37:40.000 --> 01:37:42.000]  The whole thing was unconstitutional.
[01:37:42.000 --> 01:37:46.000]  Up and down, made all these arguments, went all the way to the Seventh Circuit.
[01:37:46.000 --> 01:37:49.000]  And you know what the Seventh Circuit told him?
[01:37:49.000 --> 01:37:57.000]  Said, you know what, none of that Constitution stuff matters because under Section 7 of Title 18,
[01:37:57.000 --> 01:38:02.000]  under maritime law, we can do whatever we want, okay?
[01:38:02.000 --> 01:38:08.000]  And so he learned, and you can go read the case, Graham V. Lappin, okay?
[01:38:08.000 --> 01:38:12.000]  And he'll talk about it, go back in one of our very first interviews with him.
[01:38:12.000 --> 01:38:13.000]  He talked about it.
[01:38:13.000 --> 01:38:15.000]  And so this isn't theory.
[01:38:15.000 --> 01:38:20.000]  This is controlling case law that we are talking.
[01:38:20.000 --> 01:38:23.000]  There is no such thing as an unconstitutional law, okay?
[01:38:23.000 --> 01:38:25.000]  They can pass whatever statutes they want.
[01:38:25.000 --> 01:38:28.000]  The key is, do you agree to it or not?
[01:38:28.000 --> 01:38:29.000]  That's the only thing that matters.
[01:38:29.000 --> 01:38:33.000]  Everything is by commercial agreement, especially all these regulatory schemes,
[01:38:33.000 --> 01:38:41.000]  the EPA, the FCC, the SEC, the FDCPA, the FCRA.
[01:38:41.000 --> 01:38:43.000]  This is all by commercial agreement.
[01:38:43.000 --> 01:38:52.000]  And when we engage in the funny money system, we become what's legally called a consumer, okay?
[01:38:52.000 --> 01:38:58.000]  So now we have agreed to that statute, okay, by commercial agreement.
[01:38:58.000 --> 01:39:01.000]  If you get a driver's license, you've just agreed to the transportation code.
[01:39:01.000 --> 01:39:03.000]  All these kinds of things.
[01:39:03.000 --> 01:39:07.000]  There's only one set of law that applies to you, whether you agree to it or not,
[01:39:07.000 --> 01:39:11.000]  and that is Title 18 common law crimes.
[01:39:11.000 --> 01:39:15.000]  We're talking murder, assault, rape, robbery, these sorts of things.
[01:39:15.000 --> 01:39:18.000]  And if you don't want to agree to the criminal penal code,
[01:39:18.000 --> 01:39:22.000]  well, then what the state will do is they'll treat you as an enemy combatant,
[01:39:22.000 --> 01:39:26.000]  having committed a war crime against one of their citizens, okay?
[01:39:26.000 --> 01:39:29.000]  So you'd be behooved to agree to that, okay?
[01:39:29.000 --> 01:39:31.000]  But everything else is by agreement.
[01:39:31.000 --> 01:39:35.000]  So there's no such thing as constitutional funny money.
[01:39:35.000 --> 01:39:38.000]  The two are completely different realms.
[01:39:38.000 --> 01:39:42.000]  They are different choices of law, okay?
[01:39:42.000 --> 01:39:48.000]  And so if you want to learn more about this, you can go to the school of Harmon Taylor like I did,
[01:39:48.000 --> 01:39:55.000]  and you can actually get on his email list, legal underscore reality at earthlink.net.
[01:39:55.000 --> 01:39:57.000]  So I just want to put that out there.
[01:39:57.000 --> 01:40:02.000]  I mean, this is a topic that could take months, years to discuss, but I wanted to put that out there.
[01:40:02.000 --> 01:40:06.000]  Don't be concerned with that because once you get into the funny money system,
[01:40:06.000 --> 01:40:08.000]  you've agreed to it, and that's all there is to it.
[01:40:08.000 --> 01:40:12.000]  So anyways, in the meantime, we have a few minutes left.
[01:40:12.000 --> 01:40:17.000]  Do you want to give some closing comments here, Mike?
[01:40:17.000 --> 01:40:20.000]  Yeah, I'll make it short and quick.
[01:40:20.000 --> 01:40:25.000]  One of my favorite sayings, you were talking about being sued in the local court,
[01:40:25.000 --> 01:40:34.000]  and you go and sue them up in federal court, and I have a very simple saying on that.
[01:40:34.000 --> 01:40:38.000]  You sue me in local court, I'm going to sue you in federal court.
[01:40:38.000 --> 01:40:39.000]  Come on, boys, let's play.
[01:40:39.000 --> 01:40:40.000]  We're girls.
[01:40:40.000 --> 01:40:44.000]  Let's play and see where it goes.
[01:40:44.000 --> 01:40:50.000]  And based on my experience, people I've worked with, and I've worked with people all over the country
[01:40:50.000 --> 01:41:01.000]  from Washington state to Florida and from California to New York, all different areas.
[01:41:01.000 --> 01:41:05.000]  You take the necessary action, you put up a fight, it's going to cost the money,
[01:41:05.000 --> 01:41:08.000]  and you've been pretty sure you're going to get some attention,
[01:41:08.000 --> 01:41:14.000]  and you build up a nice federal case against them.
[01:41:14.000 --> 01:41:18.000]  They're suing you in that local court for a couple of thousand bucks.
[01:41:18.000 --> 01:41:22.000]  You take them up to federal court, you're suing them for a hundred thousand bucks.
[01:41:22.000 --> 01:41:25.000]  You're going to get their attention.
[01:41:25.000 --> 01:41:34.000]  And with that, I will just say, hey, Merry Christmas, Happy New Year, Feliz Navidad, Happy Hanukkah.
[01:41:34.000 --> 01:41:41.000]  I don't know if I covered it all to be correct, but I wish everyone Happy Holidays,
[01:41:41.000 --> 01:41:43.000]  and it was great being on the show tonight.
[01:41:43.000 --> 01:41:44.000]  Thank you.
[01:41:44.000 --> 01:41:46.000]  Well, Mike, we really appreciate you coming back,
[01:41:46.000 --> 01:41:51.000]  and I know you went beyond the call of duty here tonight being on with us for so long.
[01:41:51.000 --> 01:41:52.000]  We really appreciate it.
[01:41:52.000 --> 01:41:57.000]  We've missed you, and I hope we get to have you on again real soon,
[01:41:57.000 --> 01:42:00.000]  and stay warm up there, okay?
[01:42:00.000 --> 01:42:02.000]  Yeah, right, right.
[01:42:02.000 --> 01:42:08.000]  Yeah, well, I'm back home in Denver now, so, you know, it's a cold enough year.
[01:42:08.000 --> 01:42:10.000]  I bet it's beautiful this time of year.
[01:42:10.000 --> 01:42:13.000]  Oh, yeah, Rocky Mountain Snow.
[01:42:13.000 --> 01:42:18.000]  I've been through Denver several times on tour, you know, in the past,
[01:42:18.000 --> 01:42:23.000]  and we used to tour a lot with our band, so I really like Denver a lot.
[01:42:23.000 --> 01:42:24.000]  It's an awesome place.
[01:42:24.000 --> 01:42:27.000]  Yes, it's an interesting place, beautiful views of the Rockies.
[01:42:27.000 --> 01:42:30.000]  That's what I kind of like.
[01:42:30.000 --> 01:42:34.000]  Well, folks, why don't you give out your email address
[01:42:34.000 --> 01:42:38.000]  so that if folks want to email you and get your course.
[01:42:38.000 --> 01:42:43.000]  Which one of the two are we putting on the site, Yahoo or Hotmail?
[01:42:43.000 --> 01:42:48.000]  We've got the, we have the, let me see, I'm going to click on it right now.
[01:42:48.000 --> 01:42:49.000]  It's the Yahoo address.
[01:42:49.000 --> 01:42:50.000]  It's the Yahoo.
[01:42:50.000 --> 01:42:58.000]  It's Michael Mears, M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.
[01:42:58.000 --> 01:43:01.000]  Yahoo.com.
[01:43:01.000 --> 01:43:06.000]  And if you go to either ruleoflawradio.com or logosradionetwork.com,
[01:43:06.000 --> 01:43:09.000]  you can get to the page.
[01:43:09.000 --> 01:43:11.000]  And by the way, I believe we have an exclusive with you.
[01:43:11.000 --> 01:43:12.000]  Is that right, Mike?
[01:43:12.000 --> 01:43:15.000]  The only way we can get, anybody can get Mike Mears' course is through you.
[01:43:15.000 --> 01:43:17.000]  Is that correct?
[01:43:17.000 --> 01:43:18.000]  That's right.
[01:43:18.000 --> 01:43:22.000]  Yeah, you don't have a website and you may want to quickly make that disclaimer
[01:43:22.000 --> 01:43:27.000]  because you were, somebody tried to fish your identity.
[01:43:27.000 --> 01:43:30.000]  Yeah, that happened a few years ago.
[01:43:30.000 --> 01:43:37.000]  And unfortunately I was able to get with the website owner
[01:43:37.000 --> 01:43:39.000]  and they immediately took it down.
[01:43:39.000 --> 01:43:48.000]  But yeah, everything is done through PayPal on the rule of law site there,
[01:43:48.000 --> 01:43:49.000]  logo site.
[01:43:49.000 --> 01:43:51.000]  You pay through PayPal.
[01:43:51.000 --> 01:43:55.000]  They accept everything.
[01:43:55.000 --> 01:43:58.000]  That comes in very, very quickly to me.
[01:43:58.000 --> 01:44:00.000]  I get an email.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.000 --> 01:44:08.000]  What?
[01:44:08.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.000 --> 01:44:16.000]  Hi, my name is Steve Holt and like millions of other Americans,
[01:44:16.000 --> 01:44:19.000]  I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:22.000]  I had no idea that the number one cause of the disease
[01:44:22.000 --> 01:44:25.000]  is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.000 --> 01:44:30.000]  But there is hope.
[01:44:30.000 --> 01:44:32.000]  The staff at Brave New Books have helped me
[01:44:32.000 --> 01:44:36.000]  and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:36.000 --> 01:44:39.000]  And because of Brave New Books, I now enjoy reading
[01:44:39.000 --> 01:44:43.000]  and watching educational documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:46.000]  So if you or anybody you know suffers from stupidity,
[01:44:46.000 --> 01:44:50.000]  then you need to call 512-480-2503
[01:44:50.000 --> 01:44:55.000]  or visit them in 1904 Guadalupe or bravenewbookstore.com.
[01:44:55.000 --> 01:44:57.000]  Side effects from using Brave New Books products may include discernment
[01:44:57.000 --> 01:45:01.000]  and enlarged vocabulary and an overall increase in mental functioning.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:56.000 --> 01:46:01.000]  or call toll-free 866-LAW-EZ.
[01:46:26.000 --> 01:46:53.000]  Okay, folks, we are back.
[01:46:53.000 --> 01:46:56.000]  This is the rule of law, Randy Kelton and Deborah Stevens.
[01:46:56.000 --> 01:46:58.000]  We've been speaking with Mike Maris,
[01:46:58.000 --> 01:47:01.000]  and I think he might be hanging out in the background there.
[01:47:01.000 --> 01:47:05.000]  If somebody wants to ask him one more question, yeah, he's still there.
[01:47:05.000 --> 01:47:10.000]  But in the meantime, we're going to go to Leslie in Pennsylvania.
[01:47:10.000 --> 01:47:12.000]  She has a question for Randy.
[01:47:12.000 --> 01:47:13.000]  Okay, go ahead, Leslie.
[01:47:13.000 --> 01:47:16.000]  What is your question for Randy?
[01:47:16.000 --> 01:47:18.000]  Hi.
[01:47:18.000 --> 01:47:24.000]  In my foreclosure, we have had some interesting pleadings going back and forth
[01:47:24.000 --> 01:47:27.000]  to the point where my lawyer says you must be getting under their skin
[01:47:27.000 --> 01:47:29.000]  because they've given me a headache.
[01:47:29.000 --> 01:47:33.000]  Yes, Mike, you're going to like this.
[01:47:33.000 --> 01:47:34.000]  Go ahead, Leslie.
[01:47:34.000 --> 01:47:38.000]  This is going to be fun.
[01:47:38.000 --> 01:47:39.000]  Okay.
[01:47:39.000 --> 01:47:44.000]  I filed my affirmative defenses and counterclaims.
[01:47:44.000 --> 01:47:51.000]  They filed objections, preliminary objections, and motion to strike.
[01:47:51.000 --> 01:48:00.000]  I filed motion to strike their preliminary objections and motion to strike.
[01:48:00.000 --> 01:48:05.000]  Then I filed a motion to strike to complain.
[01:48:05.000 --> 01:48:11.000]  Then they filed a motion to strike my motion to strike their complaint.
[01:48:11.000 --> 01:48:16.000]  And now I'm filing a motion to strike their motion to strike
[01:48:16.000 --> 01:48:21.000]  my motion to strike their complaint.
[01:48:21.000 --> 01:48:26.000]  And this is because I rescinded my mortgage five years ago
[01:48:26.000 --> 01:48:31.000]  and then decided in January to propose.
[01:48:31.000 --> 01:48:33.000]  Yeah.
[01:48:33.000 --> 01:48:35.000]  Yeah.
[01:48:35.000 --> 01:48:36.000]  Wow.
[01:48:36.000 --> 01:48:47.000]  So I am preparing now this motion to strike their motion to strike my motion to strike.
[01:48:47.000 --> 01:48:53.000]  And I am wondering what does it mean that a judge is incompetent
[01:48:53.000 --> 01:48:56.000]  and how can I bring it into my pleading?
[01:48:56.000 --> 01:48:57.000]  Okay.
[01:48:57.000 --> 01:49:03.000]  I was doing some research in Wisconsin on subject matter jurisdiction.
[01:49:03.000 --> 01:49:10.000]  What we claimed was is that the plaintiff lacked standing
[01:49:10.000 --> 01:49:13.000]  to invoke the subject matter jurisdiction in the court.
[01:49:13.000 --> 01:49:21.000]  And in Wisconsin law, the case law has addressed that issue
[01:49:21.000 --> 01:49:28.000]  where you're not saying that the court itself lacks jurisdiction generally
[01:49:28.000 --> 01:49:32.000]  over this particular subject matter.
[01:49:32.000 --> 01:49:40.000]  But rather that the plaintiff is unable to invoke that jurisdiction
[01:49:40.000 --> 01:49:47.000]  and that leaves the judge incompetent to rule on the issues.
[01:49:47.000 --> 01:49:52.000]  It was a fine distinction.
[01:49:52.000 --> 01:49:58.000]  You're very likely to find something similar in Pennsylvania.
[01:49:58.000 --> 01:50:00.000]  And I thought that was a good way to do it
[01:50:00.000 --> 01:50:04.000]  because if I come in and say the court doesn't have subject matter jurisdiction,
[01:50:04.000 --> 01:50:07.000]  they're going to say, of course I have subject matter jurisdiction.
[01:50:07.000 --> 01:50:11.000]  All cases of this type are heard in my court.
[01:50:11.000 --> 01:50:18.000]  So to keep them from having that knee jerk reaction,
[01:50:18.000 --> 01:50:25.000]  we go in and say the court is legally incompetent to hear this
[01:50:25.000 --> 01:50:34.000]  because the plaintiff lacked standing to invoke the jurisdiction of the court.
[01:50:34.000 --> 01:50:41.000]  So we don't get the judge automatically disagreeing with the argument.
[01:50:41.000 --> 01:50:43.000]  So that was kind of why I brought that.
[01:50:43.000 --> 01:50:50.000]  I had sent this to Leslie earlier about challenge subject matter jurisdiction.
[01:50:50.000 --> 01:50:57.000]  Can you explain the last document you filed because it was a challenge subject matter jurisdiction?
[01:50:57.000 --> 01:50:58.000]  Okay.
[01:50:58.000 --> 01:51:03.000]  I entitled it a motion to strike the complaint.
[01:51:03.000 --> 01:51:12.000]  And the plaintiff took it to be a summary judgment, a motion for summary judgment.
[01:51:12.000 --> 01:51:18.000]  And that's why I put in, and he put in a motion to strike
[01:51:18.000 --> 01:51:21.000]  because he said it's not time for a motion for summary judgment.
[01:51:21.000 --> 01:51:25.000]  And I put in my motion to strike his motion that it wasn't,
[01:51:25.000 --> 01:51:28.000]  that I didn't mention summary judgment at all.
[01:51:28.000 --> 01:51:34.000]  I said this is a challenge to subject matter jurisdiction specifically.
[01:51:34.000 --> 01:51:39.000]  And also, not only that, but it's procedurally, see this is the thing,
[01:51:39.000 --> 01:51:46.000]  to strike something in Pennsylvania, it has to be procedurally incorrect,
[01:51:46.000 --> 01:51:48.000]  it's a procedural error.
[01:51:48.000 --> 01:51:55.000]  And the procedural error is they never filed an action in any court
[01:51:55.000 --> 01:52:00.000]  to void the rescission before filing a foreclosure action.
[01:52:00.000 --> 01:52:06.000]  So that's where I get more procedural with their strike.
[01:52:06.000 --> 01:52:18.000]  And that renders them lacking capacity, lacking the legal capacity to invoke the authority of the court.
[01:52:18.000 --> 01:52:20.000]  Right.
[01:52:20.000 --> 01:52:23.000]  I frankly, I like subject matter jurisdiction challenges.
[01:52:23.000 --> 01:52:32.000]  I've done a couple here in the federal court where I filed a, one was a quiet title,
[01:52:32.000 --> 01:52:35.000]  the other was a trespass to try title.
[01:52:35.000 --> 01:52:40.000]  These are very specifically state issues.
[01:52:40.000 --> 01:52:45.000]  The lawyer immediately removed him to the federal court and Judge McBride,
[01:52:45.000 --> 01:52:52.000]  he's a federal judge, he's like 88 or 89 and he is a real stinker.
[01:52:52.000 --> 01:53:00.000]  All the lawyers hate him, even the prosecutors hate him because he is so capricious and arbitrary.
[01:53:00.000 --> 01:53:07.000]  If a pro se gets a case in his court, he will dismiss it out of hand,
[01:53:07.000 --> 01:53:11.000]  dismiss it with prejudice out of hand no matter what.
[01:53:11.000 --> 01:53:17.000]  So he removed these and I didn't file a motion to remand,
[01:53:17.000 --> 01:53:21.000]  I filed a challenge subject matter jurisdiction.
[01:53:21.000 --> 01:53:23.000]  You know, that was great fun.
[01:53:23.000 --> 01:53:28.000]  The first one, he just went ahead and dismissed with prejudice anyway,
[01:53:28.000 --> 01:53:30.000]  hear the motion.
[01:53:30.000 --> 01:53:38.000]  The second one, he didn't because I talked to the lawyer beforehand and told him,
[01:53:38.000 --> 01:53:41.000]  I told him before I filed my answer that, you know,
[01:53:41.000 --> 01:53:49.000]  he might want to read the 2011 Venue and Removal Clarification Act
[01:53:49.000 --> 01:53:52.000]  because it changed 200 years of law.
[01:53:52.000 --> 01:53:57.000]  And I didn't want to file this motion to make him look bad.
[01:53:57.000 --> 01:54:10.000]  What it said was there is a separation or a difference between the circuits.
[01:54:10.000 --> 01:54:15.000]  That some circuits are saying that when a case is removed that has state issues,
[01:54:15.000 --> 01:54:21.000]  the federal court should hear both the federal and the state issues for judicial economy.
[01:54:21.000 --> 01:54:26.000]  Some other circuits were saying, no, no, no, no, no, we cannot hear state issues.
[01:54:26.000 --> 01:54:32.000]  It's an unwarranted preemption of state jurisdiction, state authority.
[01:54:32.000 --> 01:54:40.000]  And the legislature passed the Venue and Removal Clarification Act to settle that difference.
[01:54:40.000 --> 01:54:45.000]  The way they settled it was, is while a case can be,
[01:54:45.000 --> 01:54:49.000]  where state and federal issues can be removed through the federal court,
[01:54:49.000 --> 01:54:55.000]  the court must sever the state issues and remand.
[01:54:55.000 --> 01:55:01.000]  In my mind, there were no state, there were no federal issues, period.
[01:55:01.000 --> 01:55:05.000]  And I was very careful how I structured the suit so that there wouldn't be.
[01:55:05.000 --> 01:55:14.000]  So I told the lawyer, I'm going to file criminal charges against that arrogant judge in the state court
[01:55:14.000 --> 01:55:18.000]  because the federal courthouse is not a federal enclave.
[01:55:18.000 --> 01:55:21.000]  It does not belong to the federal government.
[01:55:21.000 --> 01:55:25.000]  They leased it from the state and the action of the judge,
[01:55:25.000 --> 01:55:30.000]  where the judge exerted or purported to exert an authority he did not express will have
[01:55:30.000 --> 01:55:35.000]  and in the process not being a full free access to or enjoyment of rights.
[01:55:35.000 --> 01:55:37.000]  Well, that's a crime in the state of Texas.
[01:55:37.000 --> 01:55:39.000]  It's a class A misdemeanor.
[01:55:39.000 --> 01:55:43.000]  So he filed, he removed the second one.
[01:55:43.000 --> 01:55:48.000]  I filed another challenge to subject matter jurisdiction and the judge didn't dismiss that one
[01:55:48.000 --> 01:55:53.000]  because Brett McClung told him what I was setting him up for.
[01:55:53.000 --> 01:55:57.000]  So he called me and said, we have to get a scheduling order in.
[01:55:57.000 --> 01:56:02.000]  I said, I'm not getting no scheduling order in because I'd filed a challenge
[01:56:02.000 --> 01:56:04.000]  to subject matter jurisdiction there.
[01:56:04.000 --> 01:56:07.000]  Well, if you don't do the scheduling order, he'll dismiss it.
[01:56:07.000 --> 01:56:09.000]  Yeah, I know. I want him to.
[01:56:09.000 --> 01:56:13.000]  That way I can take him to the grand jury with two criminal complaints
[01:56:13.000 --> 01:56:19.000]  showing a pattern of corruption.
[01:56:19.000 --> 01:56:25.000]  That poor attorney was doing a dance because he was terrified of this judge.
[01:56:25.000 --> 01:56:28.000]  I know he was afraid that if I went up to the judge,
[01:56:28.000 --> 01:56:32.000]  the judge would come after him for sickening me on him.
[01:56:32.000 --> 01:56:37.000]  But we stopped doing the kind of business we were doing at the time.
[01:56:37.000 --> 01:56:41.000]  But right now I'm going right back into a similar type of business.
[01:56:41.000 --> 01:56:47.000]  I filed a couple of state suits and we've already had one removed to the Fed.
[01:56:47.000 --> 01:56:52.000]  So I'll get a few more shots at this Mr. McBride.
[01:56:52.000 --> 01:56:55.000]  He really needs to retire.
[01:56:55.000 --> 01:57:00.000]  And maybe I will be able to help him get that done.
[01:57:00.000 --> 01:57:07.000]  But anyway, jurisdiction is such a big deal
[01:57:07.000 --> 01:57:13.000]  because there's only one time you can sue a judge.
[01:57:13.000 --> 01:57:17.000]  It's when he acts without subject matter jurisdiction.
[01:57:17.000 --> 01:57:19.000]  Yes, exactly.
[01:57:19.000 --> 01:57:22.000]  Even a federal judge.
[01:57:22.000 --> 01:57:31.000]  So if he doesn't rule in my favor in this, that I can sue him?
[01:57:31.000 --> 01:57:39.000]  Yes, if he rules against you.
[01:57:39.000 --> 01:57:42.000]  If he rules in your favor, leave him alone.
[01:57:42.000 --> 01:57:49.000]  If he rules against you, then you have something you can go back after him with.
[01:57:49.000 --> 01:57:53.000]  And he's read your pleadings.
[01:57:53.000 --> 01:58:01.000]  Mike, I aspire to write the kinds of documents Leslie writes.
[01:58:01.000 --> 01:58:08.000]  I am an accomplished plagiarist and I covet her documents so I can steal everything from her.
[01:58:08.000 --> 01:58:13.000]  Her English is perfect. Her arguments are extremely well structured.
[01:58:13.000 --> 01:58:16.000]  I struggle to get documents to look like hers.
[01:58:16.000 --> 01:58:21.000]  So the judge knows he's not dealing with a chump.
[01:58:21.000 --> 01:58:24.000]  It should be interesting to see how this works out.
[01:58:24.000 --> 01:58:28.000]  I am afraid we are completely out of time.
[01:58:28.000 --> 01:58:31.000]  Mike, I really appreciate you being here.
[01:58:31.000 --> 01:58:33.000]  This has been a great and informative show.
[01:58:33.000 --> 01:58:35.000]  Yes, thank you, Mike.
[01:58:35.000 --> 01:58:37.000]  Hey, no problem. I enjoyed it.
[01:58:37.000 --> 01:58:41.000]  We had a few laughs and I hope people learn some stuff tonight.
[01:58:41.000 --> 01:58:44.000]  We're going to try to bring Mike back on a little bit more often.
[01:58:44.000 --> 01:58:48.000]  He's in a position where he may be able to get some really good information out of you.
[01:58:48.000 --> 01:58:50.000]  Thank you.
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