[00:00.000 --> 00:09.680]  A federal judge in Georgia Tuesday upheld the murder conviction of death row inmate
[00:09.680 --> 00:15.520]  Troy Davis in a special evidentiary hearing ordered by the U.S. Supreme Court.
[00:15.520 --> 00:22.320]  Davis was sentenced to die for the 1989 shooting death of Savannah police officer Mark McPhail.
[00:22.320 --> 00:27.480]  But seven of the nine trial witnesses have recanted their testimony and no physical evidence
[00:27.480 --> 00:29.880]  links Davis to the crime scene.
[00:29.880 --> 00:34.920]  S.T. International has condemned the ruling.
[00:34.920 --> 00:40.560]  A new phenomenon dubbed character amnesia is sweeping across China causing Chinese to fear
[00:40.560 --> 00:43.040]  for the future of their ancient writing system.
[00:43.040 --> 00:47.680]  Young Japanese people also report the same problem which is caused by the constant use
[00:47.680 --> 00:51.840]  of computers and mobile phones with alphabet based input systems.
[00:51.840 --> 00:54.240]  There is even a Chinese word for it.
[00:54.240 --> 01:01.160]  Saying tibi wong zi or take pen forget character.
[01:01.160 --> 01:06.960]  Government agents can put a GPS device on the bottom of your car and keep track of everywhere
[01:06.960 --> 01:07.960]  you go.
[01:07.960 --> 01:11.880]  This doesn't violate your fourth amendment rights because you don't have any reasonable
[01:11.880 --> 01:17.280]  expectation of privacy in your own driveway and no reasonable expectation the government
[01:17.280 --> 01:19.360]  isn't tracking your movement.
[01:19.360 --> 01:23.880]  That rule now applies in California and eight other western states.
[01:23.880 --> 01:28.720]  The U.S. court of appeals recently decided the government can monitor you in this way
[01:28.720 --> 01:31.000]  with no need for a search warrant.
[01:31.000 --> 01:36.160]  This news brief brought to you by the International Newsnet.
[01:36.160 --> 01:41.800]  General David Petraeus, top commander in Afghanistan said Wednesday reconciliation with the Taliban
[01:41.800 --> 01:47.360]  will ultimately be a goal for Afghanistan once U.S. and Afghan forces create conditions
[01:47.360 --> 01:48.360]  that allow it.
[01:48.360 --> 01:53.280]  Petraeus said low level fighters are the first to return to society's hold since they are
[01:53.280 --> 01:58.880]  local individuals almost chameleon like sometimes in their allegiances because that's how they've
[01:58.880 --> 02:05.000]  stayed alive over 30 years of war.
[02:05.000 --> 02:10.000]  A Muslim cab driver was stabbed in New York Tuesday by a passenger after admitting he
[02:10.000 --> 02:11.520]  was Muslim.
[02:11.520 --> 02:16.400]  The passenger, a film student, recently returned from shooting a documentary in Afghanistan
[02:16.400 --> 02:19.400]  where he was embedded with U.S. troops.
[02:19.400 --> 02:25.240]  Before slashing Ahmed Sharif's throat, the passenger proclaimed, quote, this is the checkpoint
[02:25.240 --> 02:27.280]  and I have to bring you down.
[02:27.280 --> 02:33.360]  The hate-driven attack is part of an Islamophobic fervor sweeping the U.S. ranging from hate
[02:33.360 --> 02:36.920]  speech and discrimination to acts of violence.
[02:36.920 --> 02:42.720]  America's zealotry over Islam comes as a recent Pew poll found one in five Americans believe
[02:42.720 --> 02:44.840]  Barack Obama is Muslim.
[02:44.840 --> 02:48.200]  From his hospital, Ben Sharif said, quote, I feel very sad.
[02:48.200 --> 02:50.720]  I've been here more than 25 years.
[02:50.720 --> 02:52.920]  All of my four kids were born here.
[02:52.920 --> 02:55.960]  I never felt this hopeless and insecure before.
[02:55.960 --> 03:01.080]  This news brief brought to you by the International News Net.
[03:01.080 --> 03:12.280]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[03:12.280 --> 03:27.920]  Live free speech talk radio at its best.
[03:27.920 --> 03:45.000]  Okay, folks, we are back midway through the show here on the Rule of Law.
[03:45.000 --> 03:46.800]  We're with our special guest, Mike Maris.
[03:46.800 --> 03:52.680]  We're about to talk with our second guest, Diane Beale, and get her take on it.
[03:52.680 --> 03:58.600]  Before we go to Diane, Mike, I just wanted to go over now concerning these laws and how
[03:58.600 --> 04:02.120]  they relate to the credit reporting agencies.
[04:02.120 --> 04:07.240]  Now what you tell people in your course is that people shouldn't be in too much of a
[04:07.240 --> 04:14.320]  hurry to get their credit reports cleared up on these issues because that's where a
[04:14.320 --> 04:20.840]  large percentage of the causes of action are generated under these laws.
[04:20.840 --> 04:26.200]  So the final step is clearing your credit report and dealing with the credit reporting
[04:26.200 --> 04:27.200]  agencies.
[04:27.200 --> 04:29.200]  That's why that's part three of your course.
[04:29.200 --> 04:34.560]  So if you could give us a brief overview of how these laws relate to the credit reporting
[04:34.560 --> 04:40.920]  agencies, what duties do they have, what responsibilities do they have, how do you interact with them,
[04:40.920 --> 04:42.440]  and how do you go after them?
[04:42.440 --> 04:44.520]  Yeah, it's pretty simple.
[04:44.520 --> 04:51.320]  I just want to clear up that last comment I made about the folks there in Minnesota
[04:51.320 --> 04:55.400]  where they deleted the account from the credit bureau of the husband, but they kept it in
[04:55.400 --> 04:59.800]  hers.
[04:59.800 --> 05:02.560]  That's a big, big issue.
[05:02.560 --> 05:08.560]  Oh, you were reporting erroneous and inaccurate information and deleted it out of my husband's
[05:08.560 --> 05:11.600]  account, but you didn't delete it out of mine?
[05:11.600 --> 05:14.680]  I want to see them explain that in a court of law.
[05:14.680 --> 05:16.480]  It's the same account.
[05:16.480 --> 05:19.320]  She's an authorized user.
[05:19.320 --> 05:21.800]  I want to see them explain that in a court of law.
[05:21.800 --> 05:26.600]  You deleted the whole thing from my husband's account, but you didn't delete it from me,
[05:26.600 --> 05:30.400]  and it's his account and I'm an authorized user.
[05:30.400 --> 05:34.920]  Explain that, baby, to me because I'm waiting here for the answers on that one.
[05:34.920 --> 05:37.400]  So we're going to have a very interesting case.
[05:37.400 --> 05:42.560]  I'm going to be very surprised if these guys don't come to the table very, very quickly
[05:42.560 --> 05:48.400]  to make this whole thing go away because they're going to have to do some real fancy explanation
[05:48.400 --> 05:50.560]  on that one.
[05:50.560 --> 05:54.720]  Removed it from my husband's credit report, you're reporting the same information in my
[05:54.720 --> 05:55.800]  credit report.
[05:55.800 --> 05:59.280]  You deleted it from his report, but you didn't do it in mine.
[05:59.280 --> 06:00.280]  Why?
[06:00.280 --> 06:07.320]  Because with the Fair Credit Reporting Act, there is not the $1,000 limit on that.
[06:07.320 --> 06:09.840]  So that stacks up.
[06:09.840 --> 06:10.840]  That stacks up.
[06:10.840 --> 06:11.840]  Absolutely.
[06:11.840 --> 06:14.680]  It's per violation, not per case.
[06:14.680 --> 06:15.680]  That's right.
[06:15.680 --> 06:16.680]  That's right.
[06:16.680 --> 06:19.200]  So that's going to be a very interesting case.
[06:19.200 --> 06:24.680]  Well, see, you have to understand I've worked for corporate America for many, many years
[06:24.680 --> 06:28.200]  for some big Fortune 100, 500 companies across the country.
[06:28.200 --> 06:32.400]  I'm a president engineer, and I've been in very high positions where I've dealt with
[06:32.400 --> 06:38.000]  vice presidents and presidents of corporations and so on and so forth, and the right-hand
[06:38.000 --> 06:40.000]  don't know what the left-hand is doing.
[06:40.000 --> 06:42.320]  The systems are broken.
[06:42.320 --> 06:44.320]  The systems are broken.
[06:44.320 --> 06:47.400]  They don't care, okay?
[06:47.400 --> 06:51.640]  Just like we know with the credit bureaus, one in particular, they haven't updated their
[06:51.640 --> 06:53.960]  computer systems in years.
[06:53.960 --> 06:58.920]  It would cost them millions and millions of dollars to resolve these issues, but rather
[06:58.920 --> 07:03.840]  than pay that, they'll face an occasional lawsuit every year for a few hundred thousand
[07:03.840 --> 07:04.840]  dollars.
[07:04.840 --> 07:09.560]  Well, it's cheaper for us to pay a few hundred thousand dollars than it is to pay 20 million
[07:09.560 --> 07:12.400]  dollars to upgrade our computer systems.
[07:12.400 --> 07:13.640]  So we don't have to go through that.
[07:13.640 --> 07:18.560]  It's just, how many people are going to do this, what I preach?
[07:18.560 --> 07:21.440]  They consider it a collateral cost of doing business.
[07:21.440 --> 07:22.440]  Yeah.
[07:22.440 --> 07:23.440]  Yeah.
[07:23.440 --> 07:27.840]  So, you know, this is what you've got to get into your head about all this.
[07:27.840 --> 07:31.800]  Like I say, my hardest problem is getting people off the debt, off the account.
[07:31.800 --> 07:33.720]  It has nothing to do with it.
[07:33.720 --> 07:36.240]  But anyhow, that's just a little overview on that case.
[07:36.240 --> 07:38.680]  We're going to be anxious to get that going.
[07:38.680 --> 07:43.400]  I want to see what their answer is going to be, their explanation for removing it out
[07:43.400 --> 07:48.120]  of his wife's... And of course, they're both going to go in as... Actually, she's the
[07:48.120 --> 07:53.720]  talker in the case, but they're both going to go in as the plaintiffs, the husband and
[07:53.720 --> 07:54.720]  wife together.
[07:54.720 --> 07:55.720]  Okay?
[07:55.720 --> 07:56.720]  That's awesome.
[07:56.720 --> 08:00.960]  And I'm just going to be anxious to see how they're going to explain why they deleted
[08:00.960 --> 08:03.280]  it off of my husband's account, why they didn't delete it from mine.
[08:03.280 --> 08:05.280]  Yeah, especially since the account was his.
[08:05.280 --> 08:06.280]  Right.
[08:06.280 --> 08:07.280]  It's incredible.
[08:07.280 --> 08:08.280]  Right.
[08:08.280 --> 08:09.280]  Right.
[08:09.280 --> 08:10.280]  Okay.
[08:10.280 --> 08:14.160]  So speaking of the credit agencies, reporting agencies, so tell us how these laws, or if
[08:14.160 --> 08:17.840]  they do, or if there are other laws that apply to the credit reporting agencies, and how
[08:17.840 --> 08:19.240]  do you deal with them?
[08:19.240 --> 08:20.240]  Right.
[08:20.240 --> 08:27.440]  Well, the credit bureaus govern solely under the Fair Credit Reporting Act.
[08:27.440 --> 08:32.640]  And I've been reluctant to release... I've had the credit bureaus in federal court one
[08:32.640 --> 08:36.880]  time, one of the main major credit bureaus.
[08:36.880 --> 08:38.440]  There's three of them, and then there's InnoVis.
[08:38.440 --> 08:41.120]  A lot of people don't know what InnoVis is.
[08:41.120 --> 08:45.800]  That's the one that sells all your information, so you get all those credit card offers in
[08:45.800 --> 08:49.000]  the mail, and all that kind of good stuff.
[08:49.000 --> 08:53.360]  They are governed under fair credit, but they are not involved with granting credit, okay?
[08:53.360 --> 08:58.000]  They're an advertising agency, one of a better word.
[08:58.000 --> 09:05.080]  Anyhow, credit bureaus fall under Fair Credit Reporting Act, same thing as the creditors.
[09:05.080 --> 09:09.560]  And I've been reluctant to release my course to show people how to go in and clean up their
[09:09.560 --> 09:13.920]  credit report, because I'm afraid people are just going to jump on that and say, wow, I
[09:13.920 --> 09:17.800]  get all my credit back, I can go start borrowing money again, yeah, yeah, yeah, you can do
[09:17.800 --> 09:19.240]  all that.
[09:19.240 --> 09:27.440]  The problem is, it doesn't stop them from coming after you for what's due, and you lose
[09:27.440 --> 09:34.560]  your course of action because you can't get them on Fair Credit Reporting Act violations
[09:34.560 --> 09:37.520]  if you get them taken out of the credit report.
[09:37.520 --> 09:40.160]  So that's why I'm reluctant to release this thing.
[09:40.160 --> 09:44.600]  I usually tell people, the best time to do this is after a few years, you've got all
[09:44.600 --> 09:50.720]  the major issues resolved where they're just sitting in there and they're not doing anything,
[09:50.720 --> 09:53.080]  but it's just sitting in there messing up your credit.
[09:53.080 --> 09:58.400]  Three, four years down the road, you go after the bureau and you get them to delete everything,
[09:58.400 --> 10:01.000]  and it's a pretty simple process.
[10:01.000 --> 10:04.080]  It's a matter of disputing again with the creditors.
[10:04.080 --> 10:08.160]  When they don't provide proof, you can go after the bureau for reporting inaccurate
[10:08.160 --> 10:12.880]  information, erroneous and inaccurate information, drag them into federal court.
[10:12.880 --> 10:14.120]  I've been there.
[10:14.120 --> 10:17.520]  I've been deposed in that case that I had against the credit bureau.
[10:17.520 --> 10:19.120]  I didn't have to be deposed.
[10:19.120 --> 10:24.760]  They were offering me a ton of money to go away the day of the deposition.
[10:24.760 --> 10:29.200]  The lawyer said to me, and the deposition was nothing, of course I held it where I wanted
[10:29.200 --> 10:30.200]  to be held.
[10:30.200 --> 10:32.080]  I don't go to the lawyer's office.
[10:32.080 --> 10:33.280]  I tell you what to do.
[10:33.280 --> 10:34.840]  I'm the plaintiff in this case.
[10:34.840 --> 10:38.760]  You don't tell me what to do, defendant.
[10:38.760 --> 10:40.240]  We meet at the local library.
[10:40.240 --> 10:45.600]  I rent a room there, and in comes the lawyer and the stenographer and me, and he offers
[10:45.600 --> 10:51.520]  me money, and we'll fix your credit report any way you want it, was his words to me.
[10:51.520 --> 10:56.080]  You won't have to go through this deposition, and I said, well, I don't know if that's a
[10:56.080 --> 10:57.080]  good number or not.
[10:57.080 --> 11:02.880]  I'd have to talk to my constituents and find out if that's a fair number.
[11:02.880 --> 11:04.760]  That was at nine o'clock in the morning.
[11:04.760 --> 11:08.960]  We went until lunch at 12 o'clock in the morning, and then I came back and was deposed until
[11:08.960 --> 11:13.240]  four o'clock in the afternoon, so I don't know, five or six hours in deposition.
[11:13.240 --> 11:18.120]  So ask me if I know what it's like to be deposed in one of these cases.
[11:18.120 --> 11:19.240]  I've been there, folks.
[11:19.240 --> 11:25.320]  I know what it's like to be deposed, and I tell you, it was me, the stenographer, and
[11:25.320 --> 11:30.680]  the lawyer in a room in a library, a big conference room.
[11:30.680 --> 11:31.680]  We sat there.
[11:31.680 --> 11:33.040]  We talked about the case.
[11:33.040 --> 11:37.880]  We talked about issues in my credit report, simple questions back and forth.
[11:37.880 --> 11:40.800]  I think it was a month or two later we settled.
[11:40.800 --> 11:44.720]  We got a nice piece of money from them, and they fixed my credit report.
[11:44.720 --> 11:49.280]  I can remember the lawyer who was out of Texas.
[11:49.280 --> 11:56.560]  This was a fairly large law firm who was on contingency basis with the credit bureau.
[11:56.560 --> 12:04.640]  He flew in from Texas to where I was living, to depose me, flew in.
[12:04.640 --> 12:05.640]  He was pretty understanding.
[12:05.640 --> 12:08.000]  He was a pretty amicable guy.
[12:08.000 --> 12:11.640]  He wasn't one of these cocky attorneys that come on with an attitude.
[12:11.640 --> 12:14.440]  He was pretty good.
[12:14.440 --> 12:17.400]  We went through all this, and he says, okay, I'm going to have him send you your credit
[12:17.400 --> 12:18.400]  report.
[12:18.400 --> 12:20.400]  I says, okay, sir.
[12:20.400 --> 12:25.240]  This law firm, so you get an idea, has 15 offices around the world.
[12:25.240 --> 12:30.320]  They're in Hong Kong, they're in Mexico City, they're in Texas, several other countries
[12:30.320 --> 12:31.320]  of the world.
[12:31.320 --> 12:33.800]  They're in, and they have 240 attorneys on staff.
[12:33.800 --> 12:40.440]  Ask me if I'm afraid to go up against an attorney.
[12:40.440 --> 12:42.960]  240 attorneys on staff.
[12:42.960 --> 12:45.880]  They're offering me a settlement agreement.
[12:45.880 --> 12:50.680]  Anyhow, he says, I'm going to have him send you your credit report.
[12:50.680 --> 12:57.840]  I says, okay, next day, DHL at the front door of my house is my credit report from this
[12:57.840 --> 13:00.760]  credit bureau.
[13:00.760 --> 13:01.760]  I open the package.
[13:01.760 --> 13:02.760]  Here's the credit report.
[13:02.760 --> 13:03.760]  I saw several issues.
[13:03.760 --> 13:04.760]  I called the lawyer up.
[13:04.760 --> 13:10.320]  He says, okay, I'll get them to take care of that right away.
[13:10.320 --> 13:12.120]  Okay.
[13:12.120 --> 13:18.360]  Next day, DHL, overnight letter at my front door from the credit bureau.
[13:18.360 --> 13:23.440]  You let me know when you can get the credit bureau to send you anything, overnight letter.
[13:23.440 --> 13:27.360]  You let me know when that happens.
[13:27.360 --> 13:28.600]  I looked at the new report.
[13:28.600 --> 13:30.120]  I says, yup, looks good now.
[13:30.120 --> 13:32.240]  He says, I'll let them know.
[13:32.240 --> 13:33.240]  Very good.
[13:33.240 --> 13:40.320]  We've got the settlement in writing, got it all resolved, and now I am in special handling
[13:40.320 --> 13:42.980]  with that credit bureau.
[13:42.980 --> 13:45.760]  What does that mean?
[13:45.760 --> 13:53.800]  If you ever see a movie called Maxed Out, M-A-X-E-D Out, O-U-T, I advise you to get
[13:53.800 --> 13:55.280]  it, take a look at it.
[13:55.280 --> 13:56.280]  It's a documentary.
[13:56.280 --> 13:59.400]  It's pretty interesting about credit and what have you.
[13:59.400 --> 14:04.160]  There's an attorney in that program, in that movie that I know and I've had the opportunity
[14:04.160 --> 14:08.480]  to work with to learn some of this stuff.
[14:08.480 --> 14:09.960]  His name is David Schwank.
[14:09.960 --> 14:12.860]  He's out of Louisiana.
[14:12.860 --> 14:20.320]  When he heard I was suing the bureaus, another NACA attorney that I knew met him at a convention
[14:20.320 --> 14:24.720]  in Las Vegas and mentioned my name to him.
[14:24.720 --> 14:30.320]  The next thing I know, he's calling me, actually his administrative assistant is calling me.
[14:30.320 --> 14:32.400]  Mr. Schwank would like to talk to you.
[14:32.400 --> 14:39.040]  I almost got out of the chair because Mr. Schwank handles class action suits against
[14:39.040 --> 14:47.760]  the credit bureaus and they hate him with a passion, millions and millions of dollars.
[14:47.760 --> 14:53.440]  I had the opportunity to meet and converse with Mr. Schwank, very nice man, very nice
[14:53.440 --> 14:54.440]  attorney.
[14:54.440 --> 14:55.440]  He's on the consumer side.
[14:55.440 --> 14:59.840]  He says, Mike, I can tell you right now, you're going to win this case.
[14:59.840 --> 15:00.840]  Just don't ask for a million dollars.
[15:00.840 --> 15:05.520]  He says, you ask for a million dollars, it goes to trial, you'll get the million dollars,
[15:05.520 --> 15:08.560]  you'll win, but they're going to appeal it and they're going to keep on appealing it
[15:08.560 --> 15:12.240]  for the next six or seven years until they get it up to the Supreme Court.
[15:12.240 --> 15:16.000]  You've got to ask yourself, is this where you want to spend the rest of your next six
[15:16.000 --> 15:17.960]  or seven years doing appeals?
[15:17.960 --> 15:20.040]  No, I don't want to do that.
[15:20.040 --> 15:23.200]  Be reasonable then.
[15:23.200 --> 15:30.280]  He explained a lot of things to me because he has had these guys in trial and knows what
[15:30.280 --> 15:33.080]  goes on.
[15:33.080 --> 15:37.080]  I made some very interesting friends around the country too in this stuff.
[15:37.080 --> 15:38.560]  He happens to be one of them.
[15:38.560 --> 15:42.520]  He would not take my case because it's too small, it's peanuts for him.
[15:42.520 --> 15:48.840]  He only handles the big class action suits and he's an expert in that.
[15:48.840 --> 15:51.120]  I was very thankful for the time.
[15:51.120 --> 15:55.680]  His administrative assistant would call me every other week, Mr. Schwank wants to know
[15:55.680 --> 16:02.160]  how you're making out, do you have any questions or need any help with anything?
[16:02.160 --> 16:03.160]  It was just great.
[16:03.160 --> 16:04.640]  It was a great experience.
[16:04.640 --> 16:08.160]  I learned a lot from him.
[16:08.160 --> 16:14.920]  Now Mike, why were you suing... We're about to go to breaks, you may need to answer this
[16:14.920 --> 16:15.920]  on the other side.
[16:15.920 --> 16:24.240]  I'm wondering if in a situation where you're suing the debt collector and the creditor
[16:24.240 --> 16:30.280]  is a co-defendant and you get the settlement agreement, I would like to know the nature
[16:30.280 --> 16:36.800]  of this case and why you needed to go after the credit reporting bureau in the first place
[16:36.800 --> 16:43.600]  because it sounds like normally if people follow your steps from the beginning, that
[16:43.600 --> 16:48.520]  part would not necessarily be required.
[16:48.520 --> 16:52.680]  If you would just explain the conditions of this case of why you needed to go after the
[16:52.680 --> 16:57.640]  credit bureau and how this might affect people in their cases.
[16:57.640 --> 17:03.240]  We'll be back on the other side.
[17:03.240 --> 17:08.240]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:08.240 --> 17:10.280]  in the Austin metro area.
[17:10.280 --> 17:12.320]  We also ship worldwide.
[17:12.320 --> 17:16.360]  We are a family owned and operated business that offers competitive prices on your coin
[17:16.360 --> 17:17.360]  and metals purchases.
[17:17.360 --> 17:23.040]  We buy, sell, trade and consign rare coins, gold and silver coin collections, precious
[17:23.040 --> 17:24.920]  metals and scrap gold.
[17:24.920 --> 17:28.520]  We will purchase and sell gold and jewelry items as well.
[17:28.520 --> 17:31.120]  We offer daily specials on coins and bullions.
[17:31.120 --> 17:37.360]  We're located at 5448 Barnett Road Suite 3 and we're open Monday through Friday 10 a.m.
[17:37.360 --> 17:41.080]  to 6 p.m. Saturdays 10 a.m. to 5 p.m.
[17:41.080 --> 17:48.480]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[17:48.480 --> 17:49.480]  with any questions.
[17:49.480 --> 17:55.080]  As for Chad and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital
[17:55.080 --> 17:58.080]  Coin and Bullion 512-646-6440.
[17:58.080 --> 18:07.400]  Okay folks, we're back.
[18:07.400 --> 18:16.840]  We're finishing up here discussing the credit bureaus and how to deal with them and under
[18:16.840 --> 18:21.080]  what circumstances you would need to deal with them and why and then we're going to
[18:21.080 --> 18:22.080]  go to Diane.
[18:22.080 --> 18:26.480]  Sorry, there's just so much information here where we will get to your call so callers
[18:26.480 --> 18:27.480]  hang on the line.
[18:27.480 --> 18:33.680]  So Mike, why in this situation did you need to go after the credit reporting bureau because
[18:33.680 --> 18:37.880]  according to your first steps, generally that whole thing would be taken care of when you
[18:37.880 --> 18:41.760]  sue the debt collector and the original creditor.
[18:41.760 --> 18:43.920]  Well, I had two reasons.
[18:43.920 --> 18:46.960]  One, I had old accounts that were sitting in there.
[18:46.960 --> 18:47.960]  Okay?
[18:47.960 --> 18:53.080]  Folks, you have to realize there's a statute of limitation on collecting a debt.
[18:53.080 --> 18:54.240]  Every state has them.
[18:54.240 --> 18:59.880]  Some as little as, and I'll talk about a credit card first, some as little as three years.
[18:59.880 --> 19:02.640]  After three years, they can't collect anything from you.
[19:02.640 --> 19:04.360]  Not even the debt collectors?
[19:04.360 --> 19:08.600]  Well, now you know who you're dealing with when you're dealing with debt collectors.
[19:08.600 --> 19:10.320]  They hope you don't know the law.
[19:10.320 --> 19:14.480]  But as far as creditors are concerned, as far as the original creditor is concerned,
[19:14.480 --> 19:16.840]  for sure they cannot collect after three years.
[19:16.840 --> 19:21.200]  After three years, first of all, the creditors don't go into a collection mode.
[19:21.200 --> 19:22.200]  Okay?
[19:22.200 --> 19:23.200]  That's not their business.
[19:23.200 --> 19:27.680]  That's why they hire debt collectors, debt collector attorneys to collect these things.
[19:27.680 --> 19:29.880]  Or they just sell it to them.
[19:29.880 --> 19:30.880]  That's right.
[19:30.880 --> 19:31.880]  That's right.
[19:31.880 --> 19:37.160]  So if a debt collector came after you, he's hoping you don't know the law, the statute
[19:37.160 --> 19:38.160]  of limits.
[19:38.160 --> 19:39.160]  Okay?
[19:39.160 --> 19:44.640]  So in your situation, this is a case where it was something old, where no one was going
[19:44.640 --> 19:45.640]  after you.
[19:45.640 --> 19:48.800]  It was just sitting in your credit report causing problems.
[19:48.800 --> 19:53.560]  Because it can stay in that credit report for seven years, and you hope a debt collector
[19:53.560 --> 19:59.040]  doesn't come along and try to collect again and re-age the darn thing.
[19:59.040 --> 20:00.040]  So it stays in.
[20:00.040 --> 20:05.480]  It's now gone three years or four years, and you're outside the statute, and now debt collector
[20:05.480 --> 20:10.040]  comes in and buys it and reports it as a new account and starts the seven years on top
[20:10.040 --> 20:11.040]  of that.
[20:11.040 --> 20:12.040]  Oh, boy.
[20:12.040 --> 20:13.040]  When does this stop?
[20:13.040 --> 20:15.640]  When the hell does this stop?
[20:15.640 --> 20:20.040]  Because they can manipulate, and people don't realize what the law is and what their rights
[20:20.040 --> 20:21.040]  are.
[20:21.040 --> 20:24.400]  I'm sure there's people out there now listening to this and, oh, I didn't know about any statute
[20:24.400 --> 20:25.400]  of limits.
[20:25.400 --> 20:26.400]  Oh, yeah.
[20:26.400 --> 20:27.520]  Go read your state law.
[20:27.520 --> 20:32.200]  Some states might be six years on a credit card.
[20:32.200 --> 20:34.760]  Most are about three to four.
[20:34.760 --> 20:38.360]  Depends on what type of transaction it is.
[20:38.360 --> 20:41.040]  Signature loans, okay, might be seven years.
[20:41.040 --> 20:44.920]  You've got to go read your statute of limits, and each state has them, okay?
[20:44.920 --> 20:50.640]  How does that apply to the federal law, though, or does it?
[20:50.640 --> 20:53.640]  You mean if they continue to collect outside the statute?
[20:53.640 --> 20:57.720]  Yeah, because you're saying that's a state statute, and you sue under federal law.
[20:57.720 --> 21:01.160]  So how does that relate, or does it?
[21:01.160 --> 21:09.480]  It's called any competent court of jurisdiction, okay?
[21:09.480 --> 21:14.080]  So when we go into federal court now, and we haven't talked about this phase of it,
[21:14.080 --> 21:15.720]  we go in under fair credit.
[21:15.720 --> 21:19.680]  If we got a debt collector, we go under this federal debt collection laws, and we go under
[21:19.680 --> 21:23.960]  the state debt collection laws and double the violations again.
[21:23.960 --> 21:27.360]  If you got good debt collection laws, they do have them in Texas, by the way.
[21:27.360 --> 21:31.360]  So you can import the state debt collection laws into the federal law, too?
[21:31.360 --> 21:32.360]  Yes.
[21:32.360 --> 21:33.360]  Yes.
[21:33.360 --> 21:34.360]  Yes.
[21:34.360 --> 21:35.360]  Yes.
[21:35.360 --> 21:36.360]  Yes.
[21:36.360 --> 21:37.360]  Yes.
[21:37.360 --> 21:38.360]  Yes.
[21:38.360 --> 21:39.360]  Yes.
[21:39.360 --> 21:40.360]  Yes.
[21:40.360 --> 21:41.360]  Yes.
[21:41.360 --> 21:42.360]  Yes.
[21:42.360 --> 21:43.360]  Yes.
[21:43.360 --> 21:44.360]  Yes.
[21:44.360 --> 21:45.360]  Yes.
[21:45.360 --> 21:46.360]  Yes.
[21:46.360 --> 21:47.360]  Yes.
[21:47.360 --> 21:48.360]  Yes.
[21:48.360 --> 21:49.360]  Yes.
[21:49.360 --> 21:50.360]  Wow.
[21:50.360 --> 21:51.360]  Any competent court of jurisdiction, there's no problem, okay?
[21:51.360 --> 21:52.360]  And you know, my answer to you, Deborah, I'm going to say this for the hundredth time tonight, let's
[21:52.360 --> 21:53.360]  let the judge and jury decide.
[21:53.360 --> 21:54.360]  Right.
[21:54.360 --> 21:57.840]  So what were your causes of action in the suit against the credit reporting agency?
[21:57.840 --> 22:03.360]  What were they doing or not doing that they were either forbidden to do or required to
[22:03.360 --> 22:04.360]  do?
[22:04.360 --> 22:09.320]  Well, they kept reporting these accounts, and how I got out with them is I would contact
[22:09.320 --> 22:10.320]  the creditors.
[22:10.320 --> 22:11.320]  The creditors wouldn't respond.
[22:11.320 --> 22:15.200]  And my argument with the credit bureau is if the credit bureau doesn't, if the creditors
[22:15.200 --> 22:20.360]  don't respond to me, how the hell are they responding to you, credit bureau?
[22:20.360 --> 22:23.360]  Real simple.
[22:23.360 --> 22:30.240]  And then the other issue they had in my credit report, they were referring to me as junior,
[22:30.240 --> 22:32.240]  this one credit bureau.
[22:32.240 --> 22:39.720]  When I'd ask for credit report from them, I'd get two credit reports with them.
[22:39.720 --> 22:44.080]  One in my regular name without junior, and one in the name of junior.
[22:44.080 --> 22:45.760]  And I've never been a junior in my whole life.
[22:45.760 --> 22:50.920]  I've got birth certificates, U.S. passport, driver's license, doesn't say junior on them
[22:50.920 --> 22:52.200]  at all.
[22:52.200 --> 22:54.160]  So that was part of the case.
[22:54.160 --> 22:55.760]  All right?
[22:55.760 --> 23:01.360]  Anyhow, after winning that case and settling with them, I go into special handling.
[23:01.360 --> 23:06.600]  So now if I ever call that credit bureau, and I haven't called them in years, I get
[23:06.600 --> 23:10.680]  the little clerk on the phone, and they'll say to me, okay, sir, we need your Social
[23:10.680 --> 23:11.680]  Security number to proceed.
[23:11.680 --> 23:19.640]  And I get the Social Security number, and the next thing I hear is, oh, sir, I can't
[23:19.640 --> 23:20.640]  talk to you.
[23:20.640 --> 23:23.360]  I have to turn you over to special handling.
[23:23.360 --> 23:30.440]  And of course, in the back of my mind, I'm thinking, you're darn right, I am special.
[23:30.440 --> 23:36.360]  And if you see the movie Maxed Out, you'll see Mr. Schwank in there, David Schwank, who
[23:36.360 --> 23:42.120]  did a brief cameo appearance and talked about special handling.
[23:42.120 --> 23:48.720]  You see, that's where they put the movie stars and the judges and the big congressmen and
[23:48.720 --> 23:49.720]  senators.
[23:49.720 --> 23:55.680]  You see, they get a lot of publicity, and these credit bureaus don't want to be involved
[23:55.680 --> 24:04.800]  with anything that would cause them to look bad, like Van Bouten, a movie actor or senator
[24:04.800 --> 24:07.320]  or congressman or something like that.
[24:07.320 --> 24:13.520]  I am in special handling with that group, because I sued their butts, and they know
[24:13.520 --> 24:17.760]  better than to mess with me.
[24:17.760 --> 24:18.760]  That's incredible.
[24:18.760 --> 24:26.960]  Now, Mike, I have another question before we go to Diane concerning past credit reports.
[24:26.960 --> 24:33.440]  We've discussed before on these interviews that besides signing up for Pacer and other
[24:33.440 --> 24:37.200]  things like this, one of the things that people need to do is sign up for some kind of an
[24:37.200 --> 24:44.880]  online daily 24-hour service to be able to check their credit.
[24:44.880 --> 24:50.360]  We're not pushing or advertising for any specific company, but you had mentioned that Privacy
[24:50.360 --> 24:54.360]  Guard is a good one, and we use that also.
[24:54.360 --> 24:55.360]  That is a service.
[24:55.360 --> 24:59.840]  I don't know of any others right now, so like I said, folks, we're not pimping here for
[24:59.840 --> 25:00.840]  Privacy Guard.
[25:00.840 --> 25:04.120]  I don't tell people to sign up to any particular one.
[25:04.120 --> 25:05.120]  Just get with one.
[25:05.120 --> 25:06.120]  Just get one, yes.
[25:06.120 --> 25:10.800]  Where you can at least pull your credit report once a month so you can see what's going on
[25:10.800 --> 25:13.600]  there, and you have black and white proof.
[25:13.600 --> 25:20.360]  Now, what if you want to get previous month's credit reports?
[25:20.360 --> 25:24.880]  Can you only get access to what is currently on your credit report, or is there some way
[25:24.880 --> 25:31.240]  either by directly contacting the bureaus or through one of these services, can you get
[25:31.240 --> 25:34.200]  previous month's credit reports?
[25:34.200 --> 25:39.320]  My understanding is that if you contact the credit bureau directly, that they can provide
[25:39.320 --> 25:41.320]  you with past credit reports.
[25:41.320 --> 25:45.920]  I've never had to do that, but I've had people who ask me that question, they've gone there
[25:45.920 --> 25:51.400]  and done that, and yes, you can get the previous month's report for two months.
[25:51.400 --> 25:57.880]  I don't know how long their database goes back to keep that information, but it is available.
[25:57.880 --> 25:58.880]  Expect to pay for it.
[25:58.880 --> 26:00.880]  It's generally $8 or $9, okay?
[26:00.880 --> 26:01.880]  Okay.
[26:01.880 --> 26:04.840]  Now, I have... I'm sorry, go ahead.
[26:04.840 --> 26:13.000]  The privacy guard, the reason I like the privacy guard is because they are an independent company.
[26:13.000 --> 26:18.120]  They have absolutely nothing to do with the bureaus.
[26:18.120 --> 26:20.400]  They are not owned by the credit bureaus.
[26:20.400 --> 26:24.240]  They're an independent company, and I like that idea a lot.
[26:24.240 --> 26:25.240]  Right, right.
[26:25.240 --> 26:26.240]  Absolutely.
[26:26.240 --> 26:27.240]  Okay.
[26:27.240 --> 26:28.920]  Okay, one more question because we are about to go to break again, and then when we come
[26:28.920 --> 26:32.800]  back on the other side, we'll bring up Diane.
[26:32.800 --> 26:38.880]  Regarding government debts, we had a guest on earlier this week discussing red light
[26:38.880 --> 26:44.560]  camera issues and how apparently they're run by a private company, which is in violation
[26:44.560 --> 26:51.680]  of state law, and then when it comes down to the debt collection, the debt collection
[26:51.680 --> 26:55.120]  apparently is run by a private debt collector.
[26:55.120 --> 27:00.240]  It's this private company that sends the private debt collectors after people for these red
[27:00.240 --> 27:01.240]  light camera tickets.
[27:01.240 --> 27:06.920]  We've discussed before on the telephone how certain governmental entities or maybe all
[27:06.920 --> 27:13.440]  of them are exempt, how convenient, from these credit reporting, the Fair Credit Reporting
[27:13.440 --> 27:15.800]  Act and the Debt Collections Practices Act.
[27:15.800 --> 27:20.720]  However, it's like say in Austin, if the city of Austin is the one in your credit report,
[27:20.720 --> 27:25.320]  if the city of Austin itself is going after you, you can't really use these laws, but
[27:25.320 --> 27:30.600]  in the case of a red light camera, if it's this private company running the red light
[27:30.600 --> 27:37.480]  cameras and they send their own debt collector after you, even though they have some contract
[27:37.480 --> 27:45.560]  with the city to run the red light cameras, can we go after these private debt collectors
[27:45.560 --> 27:52.000]  using your process of these consumer protection laws?
[27:52.000 --> 27:53.360]  That is correct.
[27:53.360 --> 27:57.760]  What I would do is I'd go after the debt collector and I'd get him to pay for everything.
[27:57.760 --> 28:03.440]  So the answer is yes, you could go after, if like say, now what if it's the city of
[28:03.440 --> 28:07.280]  Austin that hires a private debt collector, can you go after the debt collector?
[28:07.280 --> 28:11.200]  Right, right, right, right, catch them on breaking the laws.
[28:11.200 --> 28:14.160]  If you're a debt collector, you better follow the rules.
[28:14.160 --> 28:17.800]  But if it's a government entity, then you can't really go after them.
[28:17.800 --> 28:22.360]  Government entities do not allegedly fall under Fair Credit debt, they're immune from
[28:22.360 --> 28:23.360]  it.
[28:23.360 --> 28:29.440]  I have a gentleman who's working on a government federal loan he got and he's doing a tremendous
[28:29.440 --> 28:34.880]  amount of investigation and they're essentially exempt from bringing action under Fair Credit
[28:34.880 --> 28:35.880]  or debt collection.
[28:35.880 --> 28:41.800]  However, who you would go after is the head of those government agencies and sue them
[28:41.800 --> 28:42.800]  for violation.
[28:42.800 --> 28:43.800]  Personally?
[28:43.800 --> 28:44.800]  Yes.
[28:44.800 --> 28:45.800]  Okay.
[28:45.800 --> 28:46.800]  You'd name them.
[28:46.800 --> 28:50.200]  And of course they have all these lawyers on staff that are going to defend them and
[28:50.200 --> 28:51.200]  everything.
[28:51.200 --> 28:52.560]  So he's looking into that.
[28:52.560 --> 28:57.240]  It's not confirmed yet, but that may be the way you have to go.
[28:57.240 --> 28:59.640]  I haven't been involved with it.
[28:59.640 --> 29:05.080]  He did have this one federal government, federal last year in court, they did pay him to go
[29:05.080 --> 29:06.080]  away.
[29:06.080 --> 29:14.320]  But all they did is reverted that federal loan back to the insurer who was the state
[29:14.320 --> 29:17.920]  where he went to school in and now they're chasing him.
[29:17.920 --> 29:23.760]  They're exempt, the state is exempt from first prosecution under Fair Credit debt collection.
[29:23.760 --> 29:27.720]  So very complex, very complex.
[29:27.720 --> 29:34.680]  What we tell people to do, you're going to laugh, okay, is that loan, that student loan
[29:34.680 --> 29:38.680]  you have with the government, go get your credit cards, charge it all up on your credit
[29:38.680 --> 29:41.920]  cards, get rid of the student loans and then go after the creditor.
[29:41.920 --> 29:46.680]  Yes, and actually I was going to ask you about how to deal with student loans as well, but
[29:46.680 --> 29:48.680]  we'll get to that a little bit later in the show.
[29:48.680 --> 29:52.480]  We want to get some comments on the other side from Diane Beale and start to take your
[29:52.480 --> 29:57.000]  calls and we will discuss the student loan issue a little bit later in the show.
[29:57.000 --> 30:01.120]  We'll be right back, folks.
[30:01.120 --> 30:05.760]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[30:05.760 --> 30:09.920]  Stop debt collectors now with the Michael Mears proven method.
[30:09.920 --> 30:14.200]  Michael Mears has won six cases in federal court against debt collectors and now you
[30:14.200 --> 30:15.560]  can win too.
[30:15.560 --> 30:20.200]  You'll get step-by-step instructions in plain English on how to win in court using federal
[30:20.200 --> 30:25.840]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
[30:25.840 --> 30:30.480]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[30:30.480 --> 30:34.680]  financial tables on them and make them pay you to go away.
[30:34.680 --> 30:39.800]  The Michael Mears proven method is the solution for how to stop debt collectors.
[30:39.800 --> 30:41.920]  Personal consultation is available as well.
[30:41.920 --> 30:47.480]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[30:47.480 --> 30:50.440]  or email michaelmears at yahoo.com.
[30:50.440 --> 30:59.480]  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
[30:59.480 --> 31:02.480]  collectors now.
[31:02.480 --> 31:32.080]  Yeah, yeah, yeah, I won't, no I won't.
[31:32.080 --> 31:44.600]  I won't let you pull the wool over my eyes I only must refuse your nose, also come in
[31:44.600 --> 31:45.600]  line
[31:45.600 --> 31:51.640]  Okay, folks, we are back We've gotten a really good overview on these
[31:51.640 --> 31:56.040]  issues from Mike Amiris Again, folks, you can get his package right
[31:56.040 --> 32:03.320]  here on ruleoflawradio.com Scroll a little ways down from the top of the page, not quite
[32:03.320 --> 32:08.000]  half the way down, you'll see a baby blue banner on the left, Juris Dictionary is on
[32:08.000 --> 32:12.640]  the right, and you can get Mike Amiris' course through Rule of Law Radio, it'll send you
[32:12.640 --> 32:16.600]  to a special page where you can order that, and it has a list of the case numbers, the
[32:16.600 --> 32:19.360]  cause numbers in federal court that he has won.
[32:19.360 --> 32:26.320]  So right now we have Diane Beal with us, who is an attorney and also a real estate broker.
[32:26.320 --> 32:31.400]  She's been working in the business for many years, and we brought her on tonight to get
[32:31.400 --> 32:34.520]  her take and discussion on these issues.
[32:34.520 --> 32:40.700]  She's dealing with the mortgage fraud issues with Randy and his new business.
[32:40.700 --> 32:43.040]  So Diane, welcome to the show.
[32:43.040 --> 32:47.080]  Thank you, Debbie, and it's good to talk to you, Randy, and Mike, a very interesting show.
[32:47.080 --> 32:54.120]  So Diane, if you could please give us your take on these methods and these strategies
[32:54.120 --> 32:55.520]  that Mike has been discussing.
[32:55.520 --> 33:01.040]  Well, what's interesting is that I have kind of a protocol of how I handle foreclosure
[33:01.040 --> 33:09.880]  relief, and the first thing I do is I send out statutory letters on my attorney letterhead,
[33:09.880 --> 33:14.400]  and the first thing that I do is a QWR, a Qualified Written Request, but the second
[33:14.400 --> 33:20.120]  thing that I do is the Notice of Dispute and Demand for Validation and Proof of Debt.
[33:20.120 --> 33:24.840]  So a lot of the things that he's talking about with credit cards are totally lined up with
[33:24.840 --> 33:29.080]  what you do for remedy in foreclosure relief as well.
[33:29.080 --> 33:38.920]  We also do the Notice of Recision, and the fourth letter, let me see, we do a complaint
[33:38.920 --> 33:44.800]  regarding inaccurate and improper reporting under the Fair Credit Reporting Act under
[33:44.800 --> 33:49.600]  15 U.S.C. 1681 and failure to investigate and correct.
[33:49.600 --> 33:55.080]  So when I send out, you know, it's like I send out a package of letters, the first thing
[33:55.080 --> 34:01.280]  I do to trans-union, Equifax, and Experian saying, you know, I represent, please be advised
[34:01.280 --> 34:05.720]  that this office represents, you know, such-and-such client in connection with the complaint of
[34:05.720 --> 34:10.800]  inaccurate reporting of credit information under the Fair Credit Reporting Act.
[34:10.800 --> 34:17.280]  Consider this correspondence a formal complaint under the FCRA, or Fair Credit Reporting Act,
[34:17.280 --> 34:22.600]  that you are reporting inaccurate and incomplete credit information in violation of the FCRA.
[34:22.600 --> 34:28.160]  This correspondence is also a formal request for the description of the procedures used
[34:28.160 --> 34:34.240]  to determine the accuracy and completeness of the disputed information as stated above.
[34:34.240 --> 34:39.240]  And then it goes on to, you know, talk more about how the consumer credit reporting agencies
[34:39.240 --> 34:46.240]  prepares consumer reports, that it's supposed to follow reasonable procedures to assure
[34:46.240 --> 34:51.560]  maximum possible accuracy of the information concerning the individual about whom they
[34:51.560 --> 34:59.280]  report under 15 U.S.C. 1681E, and I don't know, so I guess what I'm saying is that
[34:59.280 --> 35:03.080]  we are totally in line, whether you want to clean up your credit or whether you want to
[35:03.080 --> 35:09.680]  challenge the whole debt, the procedures are very, very similar, so...
[35:09.680 --> 35:11.120]  Yes.
[35:11.120 --> 35:17.840]  I have several mortgage companies that I work with, I say mortgage companies, that do the
[35:17.840 --> 35:25.680]  TILA and RESPA stuff on these foreclosures that have contracted with me as an independent
[35:25.680 --> 35:35.080]  collector to bring these violations in on the back end of the TILA, RESPA complaint.
[35:35.080 --> 35:43.360]  Because the foreclosing agents, i.e. the trustees, the lawyers that physically foreclose on a
[35:43.360 --> 35:49.600]  property are construed as debt collectors under the Debt Collection Practices Act.
[35:49.600 --> 35:54.600]  And the servicers of the mortgage, the guys you make your payments to during your credit
[35:54.600 --> 35:59.920]  report, all under Fair Credit Reporting Act, just as you confirm, okay?
[35:59.920 --> 36:04.640]  So we build the case up on the back end of TILA and RESPA violations and put this on
[36:04.640 --> 36:05.640]  the back end.
[36:05.640 --> 36:09.400]  It's pretty hard to weasel out of every one of those violations.
[36:09.400 --> 36:10.400]  Right.
[36:10.400 --> 36:15.760]  And the beauty of Randy's program is that he can take the HUD-1 and the Truth in Lending
[36:15.760 --> 36:24.400]  Paper, compare that with the Note and Deed of Trust, and come up with actual figures
[36:24.400 --> 36:25.400]  that they can't dispute.
[36:25.400 --> 36:29.520]  I mean, so you've got hard, you know, you were talking before about how, you know, black
[36:29.520 --> 36:34.280]  and white figures, they say figures lie, liars figure, but in this case, when you can crunch
[36:34.280 --> 36:38.880]  the numbers, like Randy's able to do on his computer program, and actually show how the
[36:38.880 --> 36:42.400]  numbers vary, you know, you have a real dispute.
[36:42.400 --> 36:46.760]  It's not like a hypothetical, you know, well, upon information and belief, we think there
[36:46.760 --> 36:47.760]  must be a mistake.
[36:47.760 --> 36:55.680]  This is accurate, you know, pointing out number-crunched figures where they actually have differences.
[36:55.680 --> 37:02.080]  Yeah, as you, as an attorney, you know that black and white is pretty difficult in a court
[37:02.080 --> 37:04.560]  to defeat.
[37:04.560 --> 37:10.440]  And when you have black and white, you can show these things, you know, it just takes
[37:10.440 --> 37:14.800]  all the guesswork, and that's not your say, it's not confident fact witness, no, it's
[37:14.800 --> 37:16.960]  your black and white, okay?
[37:16.960 --> 37:19.000]  I can prove everything I'm saying.
[37:19.000 --> 37:23.640]  Yeah, that's why I was so excited to hear about, like, Randy's computer program, where
[37:23.640 --> 37:29.840]  he's able to actually get those numbers, because not only for, you know, being able to allege
[37:29.840 --> 37:35.200]  that there is a dispute in the debt, et cetera, but it's because of that number-crunching
[37:35.200 --> 37:40.760]  that you're also able to establish that there is a likelihood of prevailing on the merits,
[37:40.760 --> 37:46.160]  which is what you need to get a preliminary injunction in order to stop the sale.
[37:46.160 --> 37:50.680]  And that's what's most important to, like, homeowners, because although I guess in some
[37:50.680 --> 37:59.120]  states, you know, by filing a lawsuit or writing letters, they, you know, they stop the sale
[37:59.120 --> 38:04.920]  or they put it on hold or whatever, in California, they've just been absolutely going forward.
[38:04.920 --> 38:11.160]  I'm licensed to practice in California, Washington, and New York, and in Washington and California,
[38:11.160 --> 38:12.160]  it's non-judicial.
[38:12.160 --> 38:18.720]  So they stop, like, you know, they file your 90-day notice of default, and thereafter they've
[38:18.720 --> 38:23.400]  got 21 days to do their notice of sale, and then you're, the next thing you know, the
[38:23.400 --> 38:29.960]  first thing, first time you're ever in court is at the unlawful detainer court.
[38:29.960 --> 38:34.400]  And most of the judges that they are saying, we're just a court of limited jurisdiction,
[38:34.400 --> 38:37.840]  we don't want to hear about title, we're not going to talk about Respa and Tila and all
[38:37.840 --> 38:38.840]  this stuff.
[38:38.840 --> 38:39.840]  Right, right.
[38:39.840 --> 38:43.640]  You know, you could have, you should have brought your complaint in another court, in
[38:43.640 --> 38:49.520]  which case you have to do a motion to consolidate and stop the unlawful detainer, because otherwise
[38:49.520 --> 38:51.760]  the sheriffs at your door are kicking you out.
[38:51.760 --> 38:52.760]  Oh, yeah.
[38:52.760 --> 38:57.160]  Well, believe it or not, I have a lady out there that's in the San Diego area who's
[38:57.160 --> 39:03.920]  known me for a lot of years, and she does the fair credit debt collection stuff, and
[39:03.920 --> 39:11.480]  she just got very recently a settlement agreement, three out of the four defendants settled with
[39:11.480 --> 39:17.640]  her, three of them which were debt collectors, the original predator's still holding out,
[39:17.640 --> 39:22.000]  but she came to me, I don't know, several months ago and asked me if I'd help her with
[39:22.000 --> 39:23.000]  the mortgage stuff.
[39:23.000 --> 39:26.640]  I said, I don't do the mortgage stuff, I don't do Tila, Respa or any of that stuff, that's
[39:26.640 --> 39:29.200]  not my expertise, and I'm not going to mislead anybody.
[39:29.200 --> 39:33.800]  No, no, Mike, no, no, no, no, no, no, no, she says, I want to go after him just under
[39:33.800 --> 39:34.800]  fair credit debt collection.
[39:34.800 --> 39:42.760]  I said, well, you could do that, so she built herself up a $485,000 lawsuit under fair credit
[39:42.760 --> 39:46.360]  debt collection, coached her a little bit on that.
[39:46.360 --> 39:48.080]  She's got him in there now.
[39:48.080 --> 39:52.200]  We did something I'd never done before, so I fell on her, I said, I don't know if this
[39:52.200 --> 39:59.960]  is going to work, but we can remove, move for a temporary restraining order, okay?
[39:59.960 --> 40:05.480]  It didn't fly, we've gone back a couple of times, back and forth, but we just, I don't
[40:05.480 --> 40:10.320]  know if we can't get the wording right, I says, we'll take a shot, see where it goes,
[40:10.320 --> 40:14.680]  but you know, we just, the judge understood, he came back with a big explanation, I couldn't
[40:14.680 --> 40:18.480]  believe it was very good of why he couldn't grant it.
[40:18.480 --> 40:24.160]  He's explaining everything in this three or four page document, so she went in and modified
[40:24.160 --> 40:28.240]  it again, but still couldn't get him to do the temporary restraining order.
[40:28.240 --> 40:34.800]  But the court, the case has not been kicked out, it's still progressing, you know, I'm
[40:34.800 --> 40:36.680]  going to be anxious for him.
[40:36.680 --> 40:42.200]  I told her, I says, here's where I think the mud is going to clear, is when you go to discovery
[40:42.200 --> 40:47.560]  and you ask them to produce that wedding document, which we know the courts, I mean, there's
[40:47.560 --> 40:51.440]  been a lot of cases around the United States where the judges have said, if you can't produce
[40:51.440 --> 40:57.720]  that wedding document, get the heck out of my court, we're not going to foreclose, but
[40:57.720 --> 41:01.920]  they've been getting around that by saying, yeah, we understand that, but still the bank
[41:01.920 --> 41:02.920]  of money.
[41:02.920 --> 41:10.840]  But this chain of custody seems to be the big issue right now, because the SEC says
[41:10.840 --> 41:18.480]  they must, the security, SEC, what is it, the Security and Exchange Commission, right,
[41:18.480 --> 41:26.480]  says they must maintain a chain of custody to show who the actual holder in due course,
[41:26.480 --> 41:33.880]  the holder of interest is, and if that chain breaks, it's all over, it's all over.
[41:33.880 --> 41:38.000]  That's my understanding and from what I've read on the law so far, a lot of the courts
[41:38.000 --> 41:42.840]  are now upholding that, especially in California, that decision came out of there a few weeks
[41:42.840 --> 41:47.000]  ago saying, if you can't prove chain of custody, they're finished.
[41:47.000 --> 41:49.600]  We don't know who owns, who owns this darn thing.
[41:49.600 --> 41:54.040]  Now, the cases that you're talking about, are they coming out of the bankruptcy courts?
[41:54.040 --> 41:58.600]  Because most of the ones that I've heard are bankruptcy courts that come out of, when
[41:58.600 --> 42:05.520]  the bank brings the motion for release from automatic stay, and then the homeowner comes
[42:05.520 --> 42:10.560]  back and does the opposition to the motion for release and stay, and they raise those
[42:10.560 --> 42:15.800]  issues of like, well, you know, it used to be called produce the note, but then the court
[42:15.800 --> 42:19.320]  said, well, you don't have to produce the note under the big query, which is the Ninth
[42:19.320 --> 42:20.320]  Circuit decision.
[42:20.320 --> 42:26.800]  But, however, if you do raise it in terms that you're doing, is that you haven't shown
[42:26.800 --> 42:31.880]  that you are the holder in due course or that you have standing, then they have actually
[42:31.880 --> 42:37.000]  said, I'm sorry, we can't grant your motion for release and stay unless you can show us
[42:37.000 --> 42:42.640]  that you actually have standing to bring this motion, that you are a real party in interest,
[42:42.640 --> 42:44.920]  that you're the holder in due course.
[42:44.920 --> 42:50.920]  So they leave it up to the so-called, you know, the moving party, the so-called, so
[42:50.920 --> 42:56.880]  I think that's where most of those cases have been won, and then a lot of people are also
[42:56.880 --> 43:02.280]  exploring the whole adversary proceedings inside the bankruptcy, because it's a lot
[43:02.280 --> 43:08.040]  easier to stop the foreclosure with an automatic stay than it is to get a TRO with preliminary
[43:08.040 --> 43:09.040]  injunction.
[43:09.040 --> 43:15.480]  They just automatically grant the TROs, and then it gives you, you know, like three weeks
[43:15.480 --> 43:20.760]  to come in and prove your case with the preliminary injunction, but as you said, now they're getting
[43:20.760 --> 43:24.760]  more and more difficult to even get the TROs, and with the preliminary injunction, they're
[43:24.760 --> 43:30.760]  harder because they're also talking about tender, and although there's a way to, you
[43:30.760 --> 43:35.040]  know, get around that, and anyway, that's, do I hear music?
[43:35.040 --> 43:37.040]  Yes, we're about to get a break.
[43:37.040 --> 43:38.040]  Okay.
[43:38.040 --> 43:39.040]  Excellent.
[43:39.040 --> 43:40.040]  Excellent comments, Diane.
[43:40.040 --> 43:45.560]  Do you guys and gals want to take some calls when we get back on the other side?
[43:45.560 --> 43:46.560]  Sure.
[43:46.560 --> 43:47.560]  Okay, great.
[43:47.560 --> 43:51.920]  When we get back, we're going to go to Chris in New York, first-time caller, then we have
[43:51.920 --> 43:56.520]  Carlos, try to say that fast, and then we'll continue on with the rest of your calls.
[43:56.520 --> 43:59.520]  We'll be right back, folks.
[43:59.520 --> 44:00.520]  Yeah.
[44:00.520 --> 44:01.520]  Attention.
[44:01.520 --> 44:07.640]  An important product from hempusa.org, micro plant powder, will change your life by removing
[44:07.640 --> 44:12.760]  all types of positive toxins, such as heavy metals, parasites, bacteria, viruses, and
[44:12.760 --> 44:17.320]  fungus from the digestive tract and stomach walls so you can absorb nutrients.
[44:17.320 --> 44:22.660]  Micro plant powder is 89% silica, and packed with a negative charge that attracts positive
[44:22.660 --> 44:25.960]  toxins from the blood, organ, spine, and brain.
[44:25.960 --> 44:30.760]  This product has the ability to rebuild cartilage and bone, which allows synovial fluid to return
[44:30.760 --> 44:32.260]  to the joints.
[44:32.260 --> 44:36.560]  Silica is a precursor to calcium, meaning the body turns silica into calcium and is
[44:36.560 --> 44:37.980]  great for the heart.
[44:37.980 --> 44:42.840]  There is no better time than now to have micro plant powder on your shelf or in your storage
[44:42.840 --> 44:47.160]  shelter, and with an unlimited shelf life, you can store it anywhere.
[44:47.160 --> 44:52.440]  Call 908-691-2608 or visit hempusa.org.
[44:52.440 --> 45:09.800]  It's a great way to change your life, so call 908-691-2608 or visit us at hempusa.org today.
[45:09.800 --> 45:33.160]  Always, I must be careful what I'm wishing for When I'm hungry, I like to know just what
[45:33.160 --> 45:38.440]  I'm fishing for I ain't asking for much, I ain't trying
[45:38.440 --> 45:44.560]  to be no black Okay, folks, we are back.
[45:44.560 --> 45:46.520]  We're going to get to your calls now.
[45:46.520 --> 45:50.680]  First, we are going to Chris in New York, first-time caller.
[45:50.680 --> 45:52.080]  Chris, thank you for calling in.
[45:52.080 --> 45:54.560]  What is your question for Mike tonight, or Diane?
[45:54.560 --> 45:56.080]  Hey, thank you.
[45:56.080 --> 45:57.080]  Thank you.
[45:57.080 --> 45:58.760]  And just for the record, this is a new number.
[45:58.760 --> 45:59.760]  I'm not a first-time caller.
[45:59.760 --> 46:00.760]  Okay.
[46:00.760 --> 46:01.760]  All right, very good.
[46:01.760 --> 46:02.760]  So what's your question?
[46:02.760 --> 46:03.760]  Hey, Mike.
[46:03.760 --> 46:04.760]  Good to talk to you again.
[46:04.760 --> 46:05.760]  I have a question.
[46:05.760 --> 46:11.360]  I'm using your course now, and so far in the Fed, I'm not having any issues as of yet.
[46:11.360 --> 46:15.800]  But there's something that popped up on a separate thing that I'm questioning as to
[46:15.800 --> 46:19.520]  whether or not I could bring it to court at this point.
[46:19.520 --> 46:25.240]  Long story short, debt collection letter, we respond with validation.
[46:25.240 --> 46:30.320]  And before the 30 days is up, they file suit in the local Supreme Court.
[46:30.320 --> 46:31.320]  Yes.
[46:31.320 --> 46:34.720]  Does that qualify as a collection activity?
[46:34.720 --> 46:35.720]  Yes.
[46:35.720 --> 46:42.600]  What that is, if you read the law closely, even though you send them validation, okay,
[46:42.600 --> 46:47.640]  if they can still bring action against you in those 30 days, however, if they have not
[46:47.640 --> 46:56.160]  provided you proof of the alleged account that's construed by filing that action, continued
[46:56.160 --> 47:01.760]  collection activity before they prove the account to you.
[47:01.760 --> 47:02.760]  Okay.
[47:02.760 --> 47:03.760]  And they didn't.
[47:03.760 --> 47:07.680]  So that's one cause of action, which leads me to the second question.
[47:07.680 --> 47:15.160]  If I were to find a violation, we'll say with the mini Miranda, what have you, if there
[47:15.160 --> 47:22.160]  is a second cause of action, can I claim them both on the same suit, or am I limited in
[47:22.160 --> 47:26.000]  how many causes of action I can have under FedEx properties?
[47:26.000 --> 47:27.000]  Oh, no.
[47:27.000 --> 47:29.880]  You can have 100,000 violations in there.
[47:29.880 --> 47:30.880]  Okay.
[47:30.880 --> 47:33.960]  Let's let the judge and the jury sort it out, man.
[47:33.960 --> 47:34.960]  Come on.
[47:34.960 --> 47:35.960]  Okay.
[47:35.960 --> 47:36.960]  That's right.
[47:36.960 --> 47:37.960]  Yes.
[47:37.960 --> 47:38.960]  You've got them on 10 violations.
[47:38.960 --> 47:42.360]  The lawyer's going to come back and say, well, you can only get 1,000 per case.
[47:42.360 --> 47:43.720]  You know my answer.
[47:43.720 --> 47:45.200]  You might be right, Mr. Attorney.
[47:45.200 --> 47:46.200]  Let's let the judge and jury decide.
[47:46.200 --> 47:47.200]  You're right.
[47:47.200 --> 47:48.200]  That's what I needed to know.
[47:48.200 --> 47:49.200]  Okay.
[47:49.200 --> 47:55.720]  Even with the foreclosure actions, I'm working on just a complaint right now for one cause
[47:55.720 --> 48:00.520]  of action to violate KELA, another is the violation of RESPA, another one is the violation
[48:00.520 --> 48:04.920]  of California Rosenfall, Fair Debt Collection Practices Act.
[48:04.920 --> 48:09.400]  Another one is for the Fair Debt Collection Practices Act under the federal law.
[48:09.400 --> 48:15.040]  Another one is California Civil Code violation, another one is wrongful foreclosure, breach
[48:15.040 --> 48:20.200]  of fiduciary duty, intentional misrepresentation, which is called fraud, and then there's another
[48:20.200 --> 48:26.120]  kind of fraud called negligent misrepresentation, violations of California Business and Professions
[48:26.120 --> 48:32.040]  Code, breach of contract, breach of implied covenant of good faith and fair dealing, quiet
[48:32.040 --> 48:36.600]  title with a Liz pendent, meaning pendency of action, which is going to cloud the title
[48:36.600 --> 48:41.280]  so they can't sell it until the action's over, rescission, accounting, and perjury.
[48:41.280 --> 48:42.280]  Yeah.
[48:42.280 --> 48:50.000]  So those are, you know, and that doesn't even include, you know, when you have elder abuse.
[48:50.000 --> 48:56.360]  A lot of these cases are financial elder abuse or they're cases where people of different
[48:56.360 --> 49:01.600]  languages were never even given the documents or the interpretations in their own language.
[49:01.600 --> 49:08.080]  Well, Rosenfall I'm very familiar with because I do have quite a few clients in California
[49:08.080 --> 49:14.000]  and now when we come in under debt collection, we also bring Rosenfall in because that doubles
[49:14.000 --> 49:16.480]  everything up in violations.
[49:16.480 --> 49:17.480]  Yes.
[49:17.480 --> 49:18.480]  Yeah.
[49:18.480 --> 49:21.400]  And they have good, that's a good law out there.
[49:21.400 --> 49:22.400]  Yes.
[49:22.400 --> 49:23.400]  Yeah.
[49:23.400 --> 49:24.400]  Yeah.
[49:24.400 --> 49:29.440]  So, Chris, does that answer your questions?
[49:29.440 --> 49:30.640]  It does.
[49:30.640 --> 49:34.060]  As far as what's going on in federal court, it's just been a little stagnant.
[49:34.060 --> 49:36.400]  They moved for a Rule B-12.
[49:36.400 --> 49:41.240]  We responded to the Rule B-12 and it's been sitting since May in the judges chambers to
[49:41.240 --> 49:42.240]  rule upon.
[49:42.240 --> 49:46.640]  It's been a long time, so I'm probably just going to motion or at least notice the court.
[49:46.640 --> 49:48.960]  They're still on my credit report.
[49:48.960 --> 49:51.720]  The longer they're on, the more damage this is causing.
[49:51.720 --> 49:52.720]  Yeah.
[49:52.720 --> 49:53.720]  Yeah.
[49:53.720 --> 49:57.080]  And you know what I would do first, Chris, just as from my own experience, I've had that
[49:57.080 --> 50:03.560]  happen sometimes when the case all of a sudden seems stalled and nothing is going anywhere.
[50:03.560 --> 50:12.040]  I call the judge's law clerk, fancy name for the judge's secretary, and just check with
[50:12.040 --> 50:13.040]  them.
[50:13.040 --> 50:14.040]  Okay.
[50:14.040 --> 50:19.240]  They're generally very, very pleasant people to speak to, okay, especially when they know
[50:19.240 --> 50:22.600]  you're the plaintiff in the case.
[50:22.600 --> 50:29.080]  And I had one time I called up and I introduced myself and I said, and I put the blame on
[50:29.080 --> 50:34.120]  myself, okay, I said, you know, I just want to make sure I'm doing everything right and
[50:34.120 --> 50:38.360]  I hadn't heard anything in a long time and I just wondered what was happening or what's
[50:38.360 --> 50:39.360]  going on.
[50:39.360 --> 50:41.480]  Is there something I need to do?
[50:41.480 --> 50:45.880]  And the next thing the law clerk says, oh, wait a minute, wait a minute, oh, yeah, your
[50:45.880 --> 50:49.360]  papers got pushed down here to the bottom of the pile.
[50:49.360 --> 50:55.360]  Let me get this in front of the judge by tomorrow and two days later, you're getting a response.
[50:55.360 --> 50:56.360]  Okay.
[50:56.360 --> 50:57.360]  Very good.
[50:57.360 --> 50:58.360]  Thank you, guys.
[50:58.360 --> 51:01.280]  So it might be a good move just to try that.
[51:01.280 --> 51:04.200]  Won't hurt anything, that's for sure.
[51:04.200 --> 51:06.160]  All right.
[51:06.160 --> 51:07.160]  Thanks, Chris.
[51:07.160 --> 51:11.600]  Okay, we're going now to Carlos in California.
[51:11.600 --> 51:13.200]  Carlos, thank you for calling in.
[51:13.200 --> 51:15.000]  What is your question for Mike or Diane?
[51:15.000 --> 51:17.000]  Okay, I have one for each.
[51:17.000 --> 51:18.000]  Mr. Maris, how are you?
[51:18.000 --> 51:19.000]  Buenos noches, señor.
[51:19.000 --> 51:20.000]  Como estas, que paso?
[51:20.000 --> 51:21.000]  All right.
[51:21.000 --> 51:22.000]  All right.
[51:22.000 --> 51:23.000]  Thank you.
[51:23.000 --> 51:24.000]  Very good.
[51:24.000 --> 51:25.000]  I know Carlos out there.
[51:25.000 --> 51:26.000]  Yes.
[51:26.000 --> 51:27.000]  Thank you, Mr. Maris.
[51:27.000 --> 51:36.760]  I spoke, we spoke a little bit about this some other time before, but on, I'm trying
[51:36.760 --> 51:40.720]  to, we sent a validation letter, right?
[51:40.720 --> 51:46.320]  They didn't answer, they called, and we sent another one, and now they sent a summons,
[51:46.320 --> 51:47.320]  right?
[51:47.320 --> 51:51.760]  Now I'm going to answer, I'm going to answer the summons with a motion to strike, and
[51:51.760 --> 51:57.080]  I'm going to, I'm going to ask for demand for jury, and can I do the 26F at the same
[51:57.080 --> 51:58.080]  time?
[51:58.080 --> 51:59.080]  That's my question.
[51:59.080 --> 52:04.560]  Now you're talking, are you in the local court or the federal court?
[52:04.560 --> 52:05.920]  They came in in local.
[52:05.920 --> 52:11.040]  Yeah, that's going to be very, very difficult there, okay?
[52:11.040 --> 52:15.080]  You need to get this thing turned around and build a complaint against them to get it up
[52:15.080 --> 52:17.920]  at the federal court.
[52:17.920 --> 52:20.000]  You're going to play heck in that local court.
[52:20.000 --> 52:25.160]  What I would do in the local court, if I were you, just to get the heck out of there, is
[52:25.160 --> 52:32.280]  I would file the affidavit of denial, and the court lacks jurisdiction, and generally
[52:32.280 --> 52:36.760]  what I've seen happen, and again, the local court is not my specialty, but we've had very,
[52:36.760 --> 52:42.880]  very good luck with, especially the affidavit of denial, where what will happen, the court
[52:42.880 --> 52:46.360]  will say, okay, we'll take this as a no, and we'll set trial.
[52:46.360 --> 52:51.820]  Well, with the courts being backed up as much as they are, that trial could be out another
[52:51.820 --> 52:54.320]  six months, okay?
[52:54.320 --> 52:55.800]  Okay.
[52:55.800 --> 52:59.400]  And in the meantime, you know what you're supposed to be doing during those six months,
[52:59.400 --> 53:00.400]  don't you?
[53:00.400 --> 53:01.400]  Yes, yes, yes, sir.
[53:01.400 --> 53:02.400]  Okay.
[53:02.400 --> 53:03.400]  Okay?
[53:03.400 --> 53:09.400]  I can't advise you on the local court, it's not my expertise, I've had people in the same
[53:09.400 --> 53:16.640]  position, we've used the affidavit of denial, it's worked very, very well, and we just get
[53:16.640 --> 53:21.360]  it stalled there, so you can get your case up at the federal court, get it filed, and
[53:21.360 --> 53:26.520]  then what I would do, if I was in your shoes, if they don't want to come to the table after
[53:26.520 --> 53:31.600]  notice of pending lawsuit to resolve this, that the local debt collector doesn't want
[53:31.600 --> 53:38.200]  to stop, when I went into that court for the trial, I would show up with the complaint
[53:38.200 --> 53:46.160]  to federal court, and I would move the court, not pray, as Dr. Graves says in his courses,
[53:46.160 --> 53:53.320]  which I had, I got mine, I think it was 2003, jurisdictionary, you move the court, we want
[53:53.320 --> 54:01.400]  you to do something, okay, not pray for mercy and pray the court, no, we move the court
[54:01.400 --> 54:07.560]  based on the fact that we have filed in federal court against their violations of the Debt
[54:07.560 --> 54:14.000]  Collection Practices Act and the Fair Credit Reporting Act, and I move the court to suspend
[54:14.000 --> 54:19.080]  this action until a decision is made up in the higher court to see if they broke the
[54:19.080 --> 54:25.640]  law getting into this local court, and then the judge has got to make a 50-50 decision.
[54:25.640 --> 54:30.560]  The judge has got to sit there and think, if these guys broke the law to get them into
[54:30.560 --> 54:37.120]  this local court, it might not be a good idea to hear this case until we find out for sure
[54:37.120 --> 54:42.280]  if they broke the law, because you see, if I grant summary judgment or default judgment
[54:42.280 --> 54:48.720]  on you, you could come back a couple of months from now and say, yeah, they broke the law,
[54:48.720 --> 54:53.440]  we got to dismiss this thing, so why should we have a trial and go through all this when
[54:53.440 --> 54:56.320]  the outcome may be very, very questionable?
[54:56.320 --> 54:57.320]  Very good.
[54:57.320 --> 54:58.320]  Okay.
[54:58.320 --> 55:08.640]  Yes, and your pleadings for the Rule 26-F, they are in your first or in your second program?
[55:08.640 --> 55:14.760]  No, they are not available on either of the programs, this is something that you would
[55:14.760 --> 55:22.760]  come to me and bring me in as an educator, a coach, because I would have to understand
[55:22.760 --> 55:27.760]  the whole case first, what you are doing, and then we would initiate the first set of
[55:27.760 --> 55:35.480]  interrogatories, which I could provide to you, and where I get those from, so you know,
[55:35.480 --> 55:43.920]  I have hundreds of them, hundreds of them, and it is all consumer law, and we ask questions
[55:43.920 --> 55:49.320]  they do not want to answer, they will skirt, they will come back, irrelevant, immaterial,
[55:49.320 --> 55:54.520]  burdensome, proprietary, we have heard all the answers, heard them all.
[55:54.520 --> 56:00.040]  Okay, great Ms. Mears, let me ask Diane, Ms. Diane Beal, a question please, and thank you
[56:00.040 --> 56:03.040]  for your answer, and also Diane, good evening.
[56:03.040 --> 56:04.040]  Good evening.
[56:04.040 --> 56:10.200]  Can you speak a little more about, I am in California, about a motion to consolidate,
[56:10.200 --> 56:15.640]  and also, do you file in district court, and can you, when do you recommend quiet title?
[56:15.640 --> 56:19.480]  I think quiet title should be done after the sale, what do you think?
[56:19.480 --> 56:25.720]  Oh, okay, well you had three questions there, do you file in federal court?
[56:25.720 --> 56:32.760]  Yes, but federal court, even though there are very good causes of action in state court,
[56:32.760 --> 56:40.960]  federal court will hear the pendant state action, so because RESPA and TILA, and Fair
[56:40.960 --> 56:46.640]  Debt Collection Practices Act are all federal, it is better to file in federal court, and
[56:46.640 --> 56:50.560]  what I have experienced mostly is that if you do not file in federal court, or you file
[56:50.560 --> 56:56.560]  in state court, they are going to move you over to federal court anyhow, the minute you
[56:56.560 --> 57:02.120]  raise RESPA, TILA, or you know, Fair Debt Collection Practices Act, or Fair Credit Reporting,
[57:02.120 --> 57:06.840]  those are federal, they have a right to remove you, now in terms of the motion to consolidate,
[57:06.840 --> 57:15.280]  allegedly, it is better for the court to be, you know, more judicial and to expedite things
[57:15.280 --> 57:21.280]  and less costly, if you consolidate motions that have approximately the same defendants
[57:21.280 --> 57:27.080]  and arise out of the same causes of action, same facts, same property, same loan, et cetera,
[57:27.080 --> 57:33.960]  so what happens is that, for example, if you get to a situation where you are already in
[57:33.960 --> 57:40.520]  unlawful detainer court, and you do not want to be there, and you want to get a stay, you
[57:40.520 --> 57:48.480]  can do the motion to consolidate the unlawful detainer case, which is in the limited jurisdiction
[57:48.480 --> 57:56.080]  of the California court, with the federal court, consolidate the two of them, with a
[57:56.080 --> 58:01.360]  temporary restraining order and a preliminary injunction, and that will stop the unlawful
[58:01.360 --> 58:05.640]  detainer, because that is the last place you want to be, is getting an unlawful detainer
[58:05.640 --> 58:10.160]  judgment, because then, you know, then it is just a matter of negotiating for time before
[58:10.160 --> 58:13.800]  the marshal comes to put you out, for the sheriff.
[58:13.800 --> 58:18.800]  Okay, Carlos, do you have any more questions, you want to stay on the line?
[58:18.800 --> 58:19.800]  If I may.
[58:19.800 --> 58:25.000]  Okay, of course, all right, stay there, and Diane, you can finish on the other side.
[58:25.000 --> 58:26.000]  Thank you.
[58:26.000 --> 58:27.000]  Okay, this is the rule of law.
[58:27.000 --> 58:30.960]  Oh, we are at the top of the hour, we have got one more hour, so just hang on the line
[58:30.960 --> 58:35.000]  through the top of the hour news, and Diane will finish on the other side, we will be
[58:35.000 --> 58:36.000]  right back.
[58:36.000 --> 58:38.080]  Then we have got David and Chad and more.
[58:38.080 --> 58:59.720]  Folks, if you would like to call in, 512-646-1984, we will be right back.
[58:59.720 --> 59:04.640]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet is not
[59:04.640 --> 59:08.280]  so easy, and neither is finding like-minded people to share it with.
[59:08.280 --> 59:11.320]  Oh, well, I guess you have not heard of Brave New Books, then.
[59:11.320 --> 59:12.320]  Brave New Books?
[59:12.320 --> 59:17.160]  Yes, Brave New Books has all the books and DVDs you are looking for by authors like Alex
[59:17.160 --> 59:22.160]  Jones, Ron Paul, and Geobert Griffin, they even stock inner food, Berkey products, and
[59:22.160 --> 59:23.160]  Calvin Soaps.
[59:23.160 --> 59:26.040]  There is no way a place like that exists.
[59:26.040 --> 59:31.880]  Go check it out for yourself, it is downtown at 1904 Guadalupe Street, just south of UT.
[59:31.880 --> 59:35.160]  There is never anywhere to park down there.
[59:35.160 --> 59:40.440]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[59:40.440 --> 59:43.440]  facility, just behind the bookstore.
[59:43.440 --> 59:46.440]  It does exist, but when are they open?
[59:46.440 --> 59:51.200]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[59:51.200 --> 59:57.880]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[59:57.880 --> 01:00:04.680]  This news brief brought to you by the International News Net.
[01:00:04.680 --> 01:00:09.800]  Gareth Williams, the British spy whose body was found stuffed into a sports bag Wednesday,
[01:00:09.800 --> 01:00:15.080]  had been employed as a communications worker at the UK government's listening post in Cheltenham,
[01:00:15.080 --> 01:00:18.640]  and most recently at MI6, Britain's overseas spy service.
[01:00:18.640 --> 01:00:23.880]  The last spy to have been killed in Britain was Russian Alexander Litvinenko, who died
[01:00:23.880 --> 01:00:29.800]  of radioactive poisoning in 2006.
[01:00:29.800 --> 01:00:34.920]  Afghan President Hamid Karzai says U.S. plans to start pulling troops out of Afghanistan
[01:00:34.920 --> 01:00:40.560]  next year are boosting the Taliban's spirit, giving them morale value.
[01:00:40.560 --> 01:00:45.520]  Karzai has also told the head of U.S. Central Command, terrorism won't be defeated without
[01:00:45.520 --> 01:00:50.320]  rooting out terrorist sanctuaries across the border in Pakistan.
[01:00:50.320 --> 01:00:57.040]  U.S. Supreme Court Justice Sonia Sotomayor predicted Thursday the country's high court
[01:00:57.040 --> 01:01:01.840]  will be asked to weigh issues of national security versus free speech because of the
[01:01:01.840 --> 01:01:04.840]  leaked classified documents posted on WikiLeaks.
[01:01:04.840 --> 01:01:09.680]  The documents, which included names of Afghans working with U.S. forces, have been blasted
[01:01:09.680 --> 01:01:12.480]  by the Pentagon for putting lives at risk.
[01:01:12.480 --> 01:01:16.480]  WikiLeaks insists the website provides a public service for whistleblowers.
[01:01:16.480 --> 01:01:20.880]  This news brief brought to you by the International News Net.
[01:01:20.880 --> 01:01:25.560]  Former U.S. President Jimmy Carter has secured the release of a U.S. citizen detained in
[01:01:25.560 --> 01:01:26.560]  North Korea.
[01:01:26.560 --> 01:01:32.480]  Aijalan Gomes was sentenced to eight years' hard labor in April after being found guilty
[01:01:32.480 --> 01:01:35.880]  of illegally entering the country from China.
[01:01:35.880 --> 01:01:40.280]  Carter, who spent two days in Pyongyang, has now left with Gomes.
[01:01:40.280 --> 01:01:44.200]  Carter's visit came at a time of heightened tension between North Korea and the outside
[01:01:44.200 --> 01:01:47.840]  world in the wake of sinking a South Korean warship.
[01:01:47.840 --> 01:01:51.800]  In visiting North Korea, Carter is following in the footsteps of former President Bill
[01:01:51.800 --> 01:01:56.760]  Clinton, who last year secured the release of two U.S. journalists detained for crossing
[01:01:56.760 --> 01:01:57.760]  the border.
[01:01:57.760 --> 01:02:03.440]  North Korea's state media said Korean officials told Carter Pyongyang was willing to reenter
[01:02:03.440 --> 01:02:05.760]  talks on its nuclear program.
[01:02:05.760 --> 01:02:10.360]  Talks have been stalled for several months now.
[01:02:10.360 --> 01:02:15.640]  Last Thursday reported results from the first detailed study of a giant plume of oily water
[01:02:15.640 --> 01:02:21.720]  near the blown out BP well in the Gulf of Mexico, 22 miles long, more than a mile wide
[01:02:21.720 --> 01:02:24.040]  and 650 feet tall.
[01:02:24.040 --> 01:02:30.200]  The new data is the first peer-reviewed study about oil lurking 3,000 feet below the surface.
[01:02:30.200 --> 01:02:35.640]  The study refutes the government's recent estimate that 75% of the oil from the BP well
[01:02:35.640 --> 01:02:39.720]  had been skimmed, burned or broken up by chemical dispersants.
[01:02:39.720 --> 01:02:45.200]  World researcher Rich Camilli said many people speculated subsurface oil droplets were being
[01:02:45.200 --> 01:02:47.440]  easily biodegraded.
[01:02:47.440 --> 01:03:10.400]  Well we didn't find that, we found it was still there.
[01:03:17.440 --> 01:03:27.440]  Yeah, a story for everyone to hear, like how we're not gonna give in to the spirit of
[01:03:47.440 --> 01:04:08.720]  Okay folks, we are back, final hour of rule of law, and we are taking your calls.
[01:04:08.720 --> 01:04:11.520]  Okay, Carlos, you had another question, please go ahead.
[01:04:11.520 --> 01:04:13.560]  Okay, thank you Debra, thank you.
[01:04:13.560 --> 01:04:15.280]  Okay, Miss Diane?
[01:04:15.280 --> 01:04:16.280]  Yes, Carlos.
[01:04:16.280 --> 01:04:18.680]  I know you, I met you at the meeting.
[01:04:18.680 --> 01:04:21.760]  I'm the good looking guy, 50 years old, I'm just kidding.
[01:04:21.760 --> 01:04:28.200]  I met you at the meeting in San Diego, and then I had the pleasure, but you don't remember me.
[01:04:28.200 --> 01:04:34.440]  Anyway, do you mind describing, or what do I need to do to file this motion to consolidate?
[01:04:34.440 --> 01:04:38.160]  And I'm in that position right now.
[01:04:38.160 --> 01:04:44.040]  Well, it's an actual motion, and whenever you do a motion, it's like a notice of motion,
[01:04:44.040 --> 01:04:48.200]  you've got to get a hearing date from the court, and so on the left hand side, you know,
[01:04:48.200 --> 01:04:53.360]  it's just like filing regular documents, you know, I put the plaintiff and the defendant
[01:04:53.360 --> 01:04:57.480]  on the left hand side and the right hand side, you just put motion to consolidate, and you've
[01:04:57.480 --> 01:05:02.800]  got a hearing date and a time and a location, which court it's going to be in, and then
[01:05:02.800 --> 01:05:07.040]  you move the court, you say, you know, please be advised about such and such a date, such
[01:05:07.040 --> 01:05:13.120]  and such a time, the plaintiff will move the court to consolidate the federal court case,
[01:05:13.120 --> 01:05:18.880]  you know, and then you have a case number with the unlawful detainer case, and that
[01:05:18.880 --> 01:05:27.880]  case number, and then you talk about the grounds, which is that there are the same parties involved
[01:05:27.880 --> 01:05:33.960]  in the same causes of action, and that you want to litigate the issues of title and who
[01:05:33.960 --> 01:05:41.920]  has standing to sue, and it's in the best interest of the court and all the parties
[01:05:41.920 --> 01:05:44.360]  for saving money and time.
[01:05:44.360 --> 01:05:45.360]  Very good.
[01:05:45.360 --> 01:05:52.280]  Where can I get a motion, or can I buy it from you, any idea, because I do have grounds
[01:05:52.280 --> 01:05:57.760]  to fight it because I have a forensic audit, and I also have many violations on TILA, and
[01:05:57.760 --> 01:06:03.360]  I do have a good case, but I want to do it perfectly, like a professional.
[01:06:03.360 --> 01:06:04.360]  Yeah.
[01:06:04.360 --> 01:06:05.360]  Thank you.
[01:06:05.360 --> 01:06:11.680]  If you want to, if you could email me, my email is attorneydiannebeal, so it's attorneydiannebeal.com.
[01:06:11.680 --> 01:06:19.160]  A-N-D-I-A-N-E-B-L, like B-L-B-E-A-L-L, at gmail.com, and just say, you know, need help with a
[01:06:19.160 --> 01:06:20.160]  motion to consolidate.
[01:06:20.160 --> 01:06:25.440]  What I usually do is, like, I can send you, like, a retainer agreement, and we can work
[01:06:25.440 --> 01:06:28.600]  out something, you know, like, where I, I don't know if you want me to be the attorney
[01:06:28.600 --> 01:06:32.200]  of record, or if you just want the motion itself, otherwise, yeah.
[01:06:32.200 --> 01:06:40.240]  We can go to lunch and talk about it, and can you spell your email slowly, please?
[01:06:40.240 --> 01:06:55.400]  Yes, attorney, A-T-T-O-R-N-E-Y, Diane, B-I-A-N-E-B-L-B-E-A-L-L, at gmail.com.
[01:06:55.400 --> 01:06:57.400]  Great, great.
[01:06:57.400 --> 01:06:58.400]  Okay.
[01:06:58.400 --> 01:06:59.400]  Yeah.
[01:06:59.400 --> 01:07:00.400]  Thank you.
[01:07:00.400 --> 01:07:01.400]  Thank you.
[01:07:01.400 --> 01:07:03.400]  Did I, did I meet you at one of Kirk's meetings, or which, which meeting?
[01:07:03.400 --> 01:07:04.400]  Yes.
[01:07:04.400 --> 01:07:05.400]  Oh, okay.
[01:07:05.400 --> 01:07:06.400]  Oh, yeah.
[01:07:06.400 --> 01:07:07.400]  I just, I just...
[01:07:07.400 --> 01:07:14.920]  I just saw Kirk and a whole group of those people last night in the church, so...
[01:07:14.920 --> 01:07:18.680]  Well, there were, there were two Mexican twin brothers, and that was one, one of me, one
[01:07:18.680 --> 01:07:19.680]  of them, that was me.
[01:07:19.680 --> 01:07:20.680]  But...
[01:07:20.680 --> 01:07:21.680]  Okay.
[01:07:21.680 --> 01:07:22.680]  I'll let somebody else speak.
[01:07:22.680 --> 01:07:23.680]  I'll email you.
[01:07:23.680 --> 01:07:24.680]  Thank you, Marissa.
[01:07:24.680 --> 01:07:25.680]  Thank you, Deborah.
[01:07:25.680 --> 01:07:27.680]  This is one of the best shows, in my opinion.
[01:07:27.680 --> 01:07:28.680]  Well, thank you, Carlos.
[01:07:28.680 --> 01:07:29.680]  We appreciate that.
[01:07:29.680 --> 01:07:30.680]  Thank you.
[01:07:30.680 --> 01:07:31.680]  Great job.
[01:07:31.680 --> 01:07:32.680]  And you're beautiful, too.
[01:07:32.680 --> 01:07:33.680]  That's on top of it.
[01:07:33.680 --> 01:07:34.680]  Thank you.
[01:07:34.680 --> 01:07:35.680]  Bye.
[01:07:35.680 --> 01:07:36.680]  Okay.
[01:07:36.680 --> 01:07:39.960]  We are going now to David in Texas.
[01:07:39.960 --> 01:07:41.360]  David, thank you for calling in.
[01:07:41.360 --> 01:07:42.360]  What's on your mind tonight?
[01:07:42.360 --> 01:07:45.280]  You know, what is your question for Mike and Diane?
[01:07:45.280 --> 01:07:46.280]  Okay.
[01:07:46.280 --> 01:07:47.280]  I've got one for each.
[01:07:47.280 --> 01:07:50.280]  Mike, I've talked to you before.
[01:07:50.280 --> 01:07:55.440]  I am in Texas, have an ongoing battle with the Homeowner Association, and I've also now
[01:07:55.440 --> 01:08:00.880]  started getting third-party debt collector letters from the Homeowner Association attorney,
[01:08:00.880 --> 01:08:05.440]  and also notice of intent to foreclose.
[01:08:05.440 --> 01:08:13.000]  I was wanting a clarification on how your course, or which, some have to be treated
[01:08:13.000 --> 01:08:16.720]  as third-party debt collectors, and the other one is first-party that this doesn't work
[01:08:16.720 --> 01:08:19.680]  on, and there's, like, a little clarification on that, please.
[01:08:19.680 --> 01:08:20.680]  Right.
[01:08:20.680 --> 01:08:26.000]  Well, as you know, we talked about this the whole way after the folks, okay, but we talked
[01:08:26.000 --> 01:08:27.000]  about it.
[01:08:27.000 --> 01:08:32.640]  I've talked to this gentleman before in the past, and I just have to be president of the
[01:08:32.640 --> 01:08:39.320]  Homeowner's Association where I live, okay, so I don't have enough to do.
[01:08:39.320 --> 01:08:44.960]  I got to be president of the Homeowner's Association, and I know what this man is talking about,
[01:08:44.960 --> 01:08:45.960]  okay?
[01:08:45.960 --> 01:08:51.880]  To answer your question, that third-party debt collector, if he violates your civil
[01:08:51.880 --> 01:08:59.800]  rights in any way, that's why when we hired our debt collector who's doing this, who gets
[01:08:59.800 --> 01:09:06.680]  a third of everything he recovers, the first thing pain in the butt Mike Maris did was
[01:09:06.680 --> 01:09:12.240]  go on to Pacer and checked out to see how many times he's been sued for violating the
[01:09:12.240 --> 01:09:13.240]  law.
[01:09:13.240 --> 01:09:17.320]  Gee, what a unique idea, huh?
[01:09:17.320 --> 01:09:18.320]  Okay.
[01:09:18.320 --> 01:09:24.080]  Anyhow, if this guy's a debt collector, he falls under the Debt Collection Practices
[01:09:24.080 --> 01:09:27.400]  Act, and, God help him, he breaks the law.
[01:09:27.400 --> 01:09:34.800]  So my first course will show you how to do that, checking everything, overshadowing,
[01:09:34.800 --> 01:09:40.920]  you know, continued collection activity, etc., etc., it's all in there, and you can take
[01:09:40.920 --> 01:09:46.840]  the debt collector in the court, you know, and go from there and work out a deal, you
[01:09:46.840 --> 01:09:47.840]  know?
[01:09:47.840 --> 01:09:51.120]  Maybe the debt collector will pay all the monies that they claim you owe rather than
[01:09:51.120 --> 01:09:55.520]  going into federal court, who knows, might be cheaper for him.
[01:09:55.520 --> 01:09:57.640]  Okay, good.
[01:09:57.640 --> 01:10:03.880]  I sent the validation letter to the debt collectors, to the attorney, and all they sent me back
[01:10:03.880 --> 01:10:11.480]  was a two-page statement, doesn't even have the original debtor's name or address on it,
[01:10:11.480 --> 01:10:15.600]  it's not signed by anybody, it's anything a teenager could have done on a computer,
[01:10:15.600 --> 01:10:18.840]  it's all I've received from them, other than threat letters.
[01:10:18.840 --> 01:10:22.360]  And they can't even prove they sent that to you?
[01:10:22.360 --> 01:10:23.680]  Yeah.
[01:10:23.680 --> 01:10:24.680]  You know what to do.
[01:10:24.680 --> 01:10:33.520]  Stir the pot, I call it, let's stir the pot some more.
[01:10:33.520 --> 01:10:39.240]  I guess my question is, since they sent a notice of intent to initiate foreclosure with
[01:10:39.240 --> 01:10:43.600]  it, should I go try to file this in federal court, since I've only got two letters from
[01:10:43.600 --> 01:10:47.160]  them so far, or should I wait a little longer?
[01:10:47.160 --> 01:10:53.960]  Well, what I would do is, I would just stay cool for as long as you can, because if they
[01:10:53.960 --> 01:10:58.200]  file this in the local court, that's where they're going to file it, you know, that ain't
[01:10:58.200 --> 01:11:01.200]  going to happen tomorrow, okay?
[01:11:01.200 --> 01:11:04.920]  You may get notice of suit and all that in the local court, and if they take several
[01:11:04.920 --> 01:11:10.720]  weeks before that case is heard, I would send them the notice of pending lawsuit, they may
[01:11:10.720 --> 01:11:11.720]  disappear.
[01:11:11.720 --> 01:11:16.400]  They may say, we don't want to handle this anymore, we're out of here, and now the homeowner's
[01:11:16.400 --> 01:11:19.720]  associate is going to have to go somewhere else and get another attorney.
[01:11:19.720 --> 01:11:23.080]  That's true, very good.
[01:11:23.080 --> 01:11:24.080]  Okay?
[01:11:24.080 --> 01:11:27.760]  And then if they don't listen, if they don't listen, then you know what to do with that
[01:11:27.760 --> 01:11:29.760]  notice of pending lawsuit, don't you?
[01:11:29.760 --> 01:11:31.760]  Yes, I do.
[01:11:31.760 --> 01:11:35.440]  There you go.
[01:11:35.440 --> 01:11:36.440]  Thank you very much.
[01:11:36.440 --> 01:11:37.440]  Now I have one...
[01:11:37.440 --> 01:11:40.520]  Like I say, you might be able to get this debt collector attorney to pay everything
[01:11:40.520 --> 01:11:44.640]  that's in question here, rather than going to that federal court, might be cheaper for
[01:11:44.640 --> 01:11:48.280]  them.
[01:11:48.280 --> 01:11:54.320]  I guess my question was if I was getting antsy about them filing in the local court, because
[01:11:54.320 --> 01:12:01.560]  you know, I heard Diane talking about that motion to consolidate, but sometimes it's
[01:12:01.560 --> 01:12:05.560]  hard to get it away from the local courts if they go in there first.
[01:12:05.560 --> 01:12:10.000]  So I guess I'm getting too impatient.
[01:12:10.000 --> 01:12:14.800]  Well you know, as I said, my personal opinion is don't even get involved with the local
[01:12:14.800 --> 01:12:17.000]  courts, okay?
[01:12:17.000 --> 01:12:18.960]  I don't have a lot of experience there.
[01:12:18.960 --> 01:12:19.960]  I try to stay out.
[01:12:19.960 --> 01:12:20.960]  I've helped a lot of people.
[01:12:20.960 --> 01:12:21.960]  I've been on some cases.
[01:12:21.960 --> 01:12:22.960]  Willow?
[01:12:22.960 --> 01:12:23.960]  Deborah, you remember Willow?
[01:12:23.960 --> 01:12:24.960]  Oh yes, of course.
[01:12:24.960 --> 01:12:25.960]  She's one of my best friends.
[01:12:25.960 --> 01:12:26.960]  Okay?
[01:12:26.960 --> 01:12:31.200]  So you went in there and the case was dismissed with prejudice, okay?
[01:12:31.200 --> 01:12:35.080]  It's on the archives here on this show, folks.
[01:12:35.080 --> 01:12:40.720]  They were suing her for money, and anyway, but we were pretty successful.
[01:12:40.720 --> 01:12:47.560]  I profess to you is if they send you notice that they're going to sue you and that they
[01:12:47.560 --> 01:12:54.800]  set a date for the hearings, right now it's idle threats, it's idle threats, okay?
[01:12:54.800 --> 01:12:55.800]  That's correct.
[01:12:55.800 --> 01:12:56.800]  They move ahead with that thing.
[01:12:56.800 --> 01:12:57.800]  Wait, hold on one second.
[01:12:57.800 --> 01:12:58.800]  Hold on one second.
[01:12:58.800 --> 01:13:04.880]  David, there is a lot of background noise on your end, like a lot of clicking and popping.
[01:13:04.880 --> 01:13:07.960]  I think there's something wrong with your phone.
[01:13:07.960 --> 01:13:16.280]  So maybe just try to hold still or, you know, it might be a cord issue, but there's some
[01:13:16.280 --> 01:13:19.440]  really loud sounds going on, so try to just keep your phone still.
[01:13:19.440 --> 01:13:20.440]  Okay.
[01:13:20.440 --> 01:13:21.440]  I'm sorry.
[01:13:21.440 --> 01:13:23.040]  Please continue, Mike.
[01:13:23.040 --> 01:13:24.040]  Yeah.
[01:13:24.040 --> 01:13:27.480]  So I would just try to sit cool a little bit.
[01:13:27.480 --> 01:13:33.680]  I don't want to see you get drug in that local court, but I think if you counter hit them
[01:13:33.680 --> 01:13:38.080]  with the notice of pending lawsuit, if you don't want to resolve this, I'm filing it
[01:13:38.080 --> 01:13:39.080]  in 10 days.
[01:13:39.080 --> 01:13:44.040]  You might get their attention, and if there's a very good chance that they may say, we're
[01:13:44.040 --> 01:13:45.040]  done.
[01:13:45.040 --> 01:13:48.840]  We don't want to go there, and you know, they're going to have to go get somebody else to handle
[01:13:48.840 --> 01:13:49.840]  the case.
[01:13:49.840 --> 01:13:50.840]  Okay.
[01:13:50.840 --> 01:13:51.840]  That sounds good.
[01:13:51.840 --> 01:13:52.840]  I appreciate that.
[01:13:52.840 --> 01:13:53.840]  All right.
[01:13:53.840 --> 01:13:54.840]  All right.
[01:13:54.840 --> 01:13:55.840]  Thanks, David.
[01:13:55.840 --> 01:14:00.840]  And I've got a quick question for Diane.
[01:14:00.840 --> 01:14:01.840]  Okay.
[01:14:01.840 --> 01:14:02.840]  Go ahead.
[01:14:02.840 --> 01:14:10.040]  Diane, if someone's already filed a bankruptcy, and they have a bankruptcy going, and they're
[01:14:10.040 --> 01:14:16.000]  dealing with a foreclosure, and they decide to file Randy's action, say, in federal court,
[01:14:16.000 --> 01:14:20.440]  do they actually file it in the bankruptcy court, or they file it in the federal court,
[01:14:20.440 --> 01:14:22.440]  or is that the same thing?
[01:14:22.440 --> 01:14:25.480]  Well, if I understand it, you can file it in both.
[01:14:25.480 --> 01:14:31.920]  You can have two simultaneous actions going on, but if you're suing for damages in the
[01:14:31.920 --> 01:14:37.200]  federal court, you have to list that on your bankruptcy schedules as a potential asset,
[01:14:37.200 --> 01:14:43.440]  as a lawsuit, because, you know, hopefully you're going to win your lawsuit, and then
[01:14:43.440 --> 01:14:46.480]  you're going to have some money to pay off your unsecured creditors.
[01:14:46.480 --> 01:14:47.480]  Right.
[01:14:47.480 --> 01:14:53.680]  But more and more, we're talking about doing adversary proceedings inside the bankruptcy
[01:14:53.680 --> 01:15:00.840]  court, because the bankruptcy court is really valuable, because you get the automatic stay,
[01:15:00.840 --> 01:15:05.120]  and because the most favorable decisions that I've seen recently are coming from the bankruptcy
[01:15:05.120 --> 01:15:14.200]  courts, where when the creditor, the pretender lender, or whoever comes in to do the motion
[01:15:14.200 --> 01:15:19.560]  for release of stay, you can do the opposition to the motion for release of stay, and raise
[01:15:19.560 --> 01:15:26.040]  the whole issue of the fact that that person who's bringing the motion does not have standing.
[01:15:26.040 --> 01:15:30.320]  They're not polled or in due course, they're not the real party in interest, and many of
[01:15:30.320 --> 01:15:38.080]  the courts around the United States have been, you know, agreeing with that, is that they
[01:15:38.080 --> 01:15:44.200]  don't have standing, and so therefore they're not entitled to be bringing this motion, because
[01:15:44.200 --> 01:15:47.360]  they're not the real party in interest, they don't have standing.
[01:15:47.360 --> 01:15:54.120]  So in terms of Randy's suit, that would be like an adversary proceeding inside the bankruptcy,
[01:15:54.120 --> 01:15:58.640]  where you file, it's like a lawsuit inside the bankruptcy, where you have a separate
[01:15:58.640 --> 01:16:08.320]  summons and a complaint inside the bankruptcy court, where you say, you know, this creditor,
[01:16:08.320 --> 01:16:14.600]  which who considers themselves to be a secured party creditor, I've listed as an unsecured
[01:16:14.600 --> 01:16:20.760]  creditor because I've been informed that whenever there's securitization, whenever the note
[01:16:20.760 --> 01:16:27.720]  has been separated from the deed of trust, that they no longer have the security interest.
[01:16:27.720 --> 01:16:33.920]  It might have been once considered to be a secured debt, and no longer, you know, there's
[01:16:33.920 --> 01:16:39.400]  no longer secured debt, so it's unsecured, and so I want to, you know, litigate that
[01:16:39.400 --> 01:16:44.960]  issue, and then I also challenge whether or not, you know, they have violated RESPA and
[01:16:44.960 --> 01:16:50.360]  TILA as well, and I might as well do it right inside the bankruptcy court since we're here.
[01:16:50.360 --> 01:16:52.360]  All right, very good.
[01:16:52.360 --> 01:16:55.600]  Okay, we're going to break, we'll be taking more of your calls when we get back on the
[01:16:55.600 --> 01:17:03.040]  other side.
[01:17:03.040 --> 01:17:07.480]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[01:17:07.480 --> 01:17:10.080]  supplies in the Austin metro area.
[01:17:10.080 --> 01:17:12.120]  We also ship worldwide.
[01:17:12.120 --> 01:17:16.160]  We are a family-owned and operated business that offers competitive prices on your coin
[01:17:16.160 --> 01:17:17.160]  and metals purchases.
[01:17:17.160 --> 01:17:22.840]  We buy, sell, trade, and consign rare coins, gold and silver coin collections, precious
[01:17:22.840 --> 01:17:24.720]  metals, and scrap gold.
[01:17:24.720 --> 01:17:28.340]  We will purchase and sell gold and jewelry items as well.
[01:17:28.340 --> 01:17:30.920]  We offer daily specials on coins and bullion.
[01:17:30.920 --> 01:17:37.040]  We're located at 5448 Barnett Road, Suite 3, and we're open Monday through Friday 10
[01:17:37.040 --> 01:17:40.880]  a.m. to 6 p.m., Saturdays 10 a.m. to 5 p.m.
[01:17:40.880 --> 01:17:48.280]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:48.280 --> 01:17:49.280]  with any questions.
[01:17:49.280 --> 01:17:54.840]  As for Chad, and say you heard about us on Rule of Law Radio or 90.1 FM, that's Capital
[01:17:54.840 --> 01:17:57.840]  Coin and Bullion, 512-646-6440.
[01:17:57.840 --> 01:18:26.840]  Oh, come on, if I can't get everything I want, I can't get everything I want, I can't get
[01:18:26.840 --> 01:18:51.840]  everything I want, I can't get everything I want, I can't get everything I want, I can't
[01:18:51.840 --> 01:19:07.460]  get everything I want, I can't get everything I want, I can't get everything I want, I
[01:19:07.460 --> 01:19:15.200]  can't get everything I want, I can't, I can't.
[01:19:15.200 --> 01:19:16.200]  Okay, folks.
[01:19:16.200 --> 01:19:17.200]  We are back.
[01:19:17.200 --> 01:19:18.040]  We are taking your calls.
[01:19:18.040 --> 01:19:23.040]  for our guests, Mike Mears and Diane Beal, 512-646-1984.
[01:19:26.600 --> 01:19:30.560]  All right, our next caller is Doug in Texas.
[01:19:30.560 --> 01:19:31.600]  Doug, thanks for calling in.
[01:19:31.600 --> 01:19:34.520]  What is your question for Mike or Diane?
[01:19:36.680 --> 01:19:39.640]  Yeah, I'd like the difference between,
[01:19:39.640 --> 01:19:44.560]  you talk about motion to compel any,
[01:19:44.560 --> 01:19:46.440]  what's the difference between that
[01:19:46.440 --> 01:19:48.520]  and a writ of mandamus?
[01:19:51.320 --> 01:19:54.560]  Well, on the motion to compel when you're in discovery,
[01:19:54.560 --> 01:19:57.960]  if you don't get a proper answer to interrogatories
[01:19:57.960 --> 01:20:00.180]  or production of documents,
[01:20:00.180 --> 01:20:02.920]  the motion to compel could be asked of the judge
[01:20:02.920 --> 01:20:07.080]  or moved to the judge to force them to answer a question
[01:20:07.080 --> 01:20:08.500]  or produce a document.
[01:20:09.360 --> 01:20:10.760]  Right.
[01:20:10.760 --> 01:20:12.880]  The writ of mandamus I've never used,
[01:20:12.880 --> 01:20:17.560]  and maybe Ms. Beal can answer that question.
[01:20:17.560 --> 01:20:19.520]  Yeah, I've done a writ of mandamus.
[01:20:19.520 --> 01:20:21.120]  A writ of mandamus means like,
[01:20:23.080 --> 01:20:25.000]  it's a writ, a common law writ,
[01:20:25.000 --> 01:20:29.640]  where you're asking the higher court to order the judge
[01:20:29.640 --> 01:20:32.340]  to do something that they should have done by law.
[01:20:33.360 --> 01:20:35.520]  So at one point I was trying to get on the ballot,
[01:20:35.520 --> 01:20:36.760]  I think in California,
[01:20:36.760 --> 01:20:41.760]  and I felt that they violated the constitutional law by,
[01:20:41.760 --> 01:20:43.440]  by anyway, it's a long story,
[01:20:43.440 --> 01:20:47.840]  but so when they wouldn't let me participate in debates
[01:20:47.840 --> 01:20:50.120]  and stuff, I did a writ of mandamus.
[01:20:50.120 --> 01:20:53.140]  In other words, you're asking the higher court
[01:20:53.140 --> 01:20:55.200]  to order the lower court to do something
[01:20:55.200 --> 01:20:57.240]  that they should be doing under law.
[01:20:57.240 --> 01:20:58.080]  Okay.
[01:20:58.080 --> 01:20:59.040]  Which is different.
[01:20:59.040 --> 01:21:02.080]  The distinction is the order to compel
[01:21:02.080 --> 01:21:04.600]  is with the lower court and the writ of mandamus
[01:21:04.600 --> 01:21:07.700]  is taking a step higher, right?
[01:21:07.700 --> 01:21:11.120]  Well, yes, but no, as Mike was saying,
[01:21:11.120 --> 01:21:14.160]  there's a distinction because the motion to compel
[01:21:14.160 --> 01:21:18.480]  is only used normally for interrogatories for discovery.
[01:21:18.480 --> 01:21:21.040]  If you interrogatory is being a series of questions
[01:21:21.040 --> 01:21:23.080]  that you're going to ask the other party
[01:21:23.080 --> 01:21:24.560]  and they have 30 days to answer,
[01:21:24.560 --> 01:21:26.960]  and if they're vague or unresponsive
[01:21:26.960 --> 01:21:28.360]  or they don't answer at all,
[01:21:28.360 --> 01:21:30.280]  then you do a motion in court.
[01:21:30.280 --> 01:21:32.000]  And I started talking before about motions.
[01:21:32.000 --> 01:21:35.160]  Anytime you do a motion, you do a notice of motion,
[01:21:35.160 --> 01:21:36.720]  then you do your motion saying,
[01:21:36.720 --> 01:21:38.680]  this is what I'm asking the court to do,
[01:21:38.680 --> 01:21:42.320]  which is to compel the other party to answer my question.
[01:21:42.320 --> 01:21:44.680]  And then you do a declaration saying,
[01:21:44.680 --> 01:21:47.120]  on such and such a date, I send out my interrogatories,
[01:21:47.120 --> 01:21:49.000]  my request for production of documents,
[01:21:49.000 --> 01:21:52.200]  my request for admissions, and they haven't answered.
[01:21:52.200 --> 01:21:54.440]  And they have no, they haven't gotten back to me
[01:21:54.440 --> 01:21:56.120]  as to any good reason why they haven't.
[01:21:56.120 --> 01:22:00.160]  And so I want, Your Honor, I want you to compel them
[01:22:00.160 --> 01:22:02.680]  to answer these, and if they don't,
[01:22:02.680 --> 01:22:06.720]  I want you to sanction them for failing to comply
[01:22:06.720 --> 01:22:11.320]  with my rights, which is to get answers in litigation.
[01:22:12.560 --> 01:22:14.960]  And one of the comments, since you asked about discovery
[01:22:14.960 --> 01:22:17.440]  or talking about that, is that you can also,
[01:22:17.440 --> 01:22:19.840]  a lot of times, just file your complaint,
[01:22:19.840 --> 01:22:22.520]  even when you don't have a lot of information
[01:22:22.520 --> 01:22:26.400]  to have a good cause of action, you should file it anyhow
[01:22:26.400 --> 01:22:29.200]  if you've got any kind of issue about statute of limitations
[01:22:29.200 --> 01:22:33.400]  or, you know, especially in California,
[01:22:33.400 --> 01:22:36.680]  where, you know, you have to get a stay
[01:22:36.680 --> 01:22:38.680]  to stop the foreclosure.
[01:22:38.680 --> 01:22:42.320]  So you file your cause of action in court,
[01:22:42.320 --> 01:22:44.240]  and then what you can do is do a motion
[01:22:44.240 --> 01:22:47.600]  for expedited discovery, because normally you can't
[01:22:47.600 --> 01:22:50.880]  do discovery until after the other party has answered,
[01:22:50.880 --> 01:22:54.240]  but sometimes what you want to do is to get discovery
[01:22:54.240 --> 01:22:57.200]  even before they've answered, you want to expedite it.
[01:22:57.200 --> 01:22:59.760]  So you do a motion with the court to expedite discovery
[01:22:59.760 --> 01:23:01.520]  so you can ask them all those questions
[01:23:01.520 --> 01:23:04.640]  and get them to admit, find out who, you know,
[01:23:04.640 --> 01:23:06.520]  who's the real party in interest and, you know,
[01:23:06.520 --> 01:23:09.120]  where's the motive, et cetera, up front
[01:23:09.120 --> 01:23:12.160]  so that you can amend your complaint, you know,
[01:23:12.160 --> 01:23:14.680]  before they've even answered, because then you don't have
[01:23:14.680 --> 01:23:16.840]  to do a leave of court to answer,
[01:23:16.840 --> 01:23:19.520]  and then you've got your, you know, answers.
[01:23:21.880 --> 01:23:24.960]  Well, thank you, you've been very helpful.
[01:23:24.960 --> 01:23:26.000]  Good.
[01:23:26.000 --> 01:23:27.840]  All right, thank you, Doug.
[01:23:27.840 --> 01:23:28.680]  Uh-huh.
[01:23:28.680 --> 01:23:32.720]  Okay, we're going to go now to Rodney in Texas.
[01:23:32.720 --> 01:23:34.200]  Rodney, thanks for calling in.
[01:23:34.200 --> 01:23:37.280]  What is your question for Mike or Diane?
[01:23:37.280 --> 01:23:41.520]  Yes, good evening, Mike, and good evening, Ms. Diane.
[01:23:41.520 --> 01:23:44.480]  My question, before the break, Mike,
[01:23:44.480 --> 01:23:49.040]  I heard you mentioned something about making a motion
[01:23:49.040 --> 01:23:53.240]  to the court to defend a action or a motion
[01:23:53.240 --> 01:23:58.240]  on the part of a plaintiff until a higher court has heard
[01:24:00.480 --> 01:24:02.240]  whatever the issue is.
[01:24:02.240 --> 01:24:05.120]  Oh, yeah, I know what you're talking about.
[01:24:05.120 --> 01:24:08.400]  No, what I suggested is if you're being pulled
[01:24:08.400 --> 01:24:12.840]  into the lower court, and you can get the case pushed out
[01:24:12.840 --> 01:24:15.240]  so you can buy some time based
[01:24:15.240 --> 01:24:18.440]  on filing an affidavit of denial.
[01:24:18.440 --> 01:24:21.560]  It's a sworn affidavit that says, basically,
[01:24:21.560 --> 01:24:23.560]  you claim I owe this money.
[01:24:23.560 --> 01:24:27.560]  If this is my account, I deny that the amount
[01:24:27.560 --> 01:24:29.880]  that's being sued for is the correct amount,
[01:24:29.880 --> 01:24:33.600]  et cetera, et cetera, and that forces the lower court
[01:24:33.600 --> 01:24:35.480]  to make a decision at that point,
[01:24:35.480 --> 01:24:37.320]  and generally, this decision will be
[01:24:37.320 --> 01:24:39.520]  to move the case out of trial,
[01:24:39.520 --> 01:24:43.640]  and with the courts being backed up the way they are,
[01:24:43.640 --> 01:24:48.480]  that could be three, four, six months out, who knows, okay?
[01:24:48.480 --> 01:24:49.800]  Right.
[01:24:49.800 --> 01:24:52.480]  In the meantime, you're building your federal case
[01:24:52.480 --> 01:24:54.200]  under fair credit debt collection,
[01:24:54.200 --> 01:24:57.000]  racking the violations up on these guys,
[01:24:58.160 --> 01:25:00.000]  and you could do this one of two ways.
[01:25:00.000 --> 01:25:01.800]  I always try to be the nice guy,
[01:25:01.800 --> 01:25:04.000]  because then I'll explain in my complaint
[01:25:04.000 --> 01:25:05.640]  when I actually have to file it
[01:25:05.640 --> 01:25:08.200]  that I sent these guys notice
[01:25:08.200 --> 01:25:10.520]  that I was gonna sue your butts,
[01:25:10.520 --> 01:25:11.920]  and they wouldn't respond.
[01:25:12.880 --> 01:25:14.760]  So the plaintiff has made every effort,
[01:25:14.760 --> 01:25:16.560]  and I modify the complaint.
[01:25:16.560 --> 01:25:18.960]  If they don't wanna respond, they don't wanna settle.
[01:25:18.960 --> 01:25:20.440]  You go into that federal court,
[01:25:20.440 --> 01:25:22.240]  I amend my complaint a little bit,
[01:25:22.240 --> 01:25:24.360]  and I'll say to the federal court,
[01:25:24.360 --> 01:25:25.440]  on such and such a date,
[01:25:25.440 --> 01:25:27.960]  the plaintiff tried to resolve these issues
[01:25:27.960 --> 01:25:29.440]  with the defendant.
[01:25:29.440 --> 01:25:30.720]  The defendant wouldn't talk,
[01:25:30.720 --> 01:25:32.320]  they wouldn't come to the table,
[01:25:32.320 --> 01:25:35.640]  and it leaves no other recourse for this plaintiff
[01:25:35.640 --> 01:25:39.120]  but to seek justice in this honorable court.
[01:25:39.120 --> 01:25:41.240]  Take them into federal court, get it filed,
[01:25:41.240 --> 01:25:43.400]  they stamp it, they put a case number on it,
[01:25:43.400 --> 01:25:45.120]  you go back to that local court,
[01:25:45.120 --> 01:25:48.120]  you show the judge the complaint.
[01:25:48.120 --> 01:25:51.320]  Say, your honor, these guys broke the federal laws
[01:25:51.320 --> 01:25:53.480]  under debt collection and fair credit
[01:25:53.480 --> 01:25:55.320]  to get me into this local court.
[01:25:56.480 --> 01:25:58.400]  And I file the complaint against them,
[01:25:58.400 --> 01:26:02.640]  and I move the court to suspend this action
[01:26:02.640 --> 01:26:05.240]  until it's determined if they broke the law or not.
[01:26:07.080 --> 01:26:09.040]  And then the judge has gotta make a decision,
[01:26:09.040 --> 01:26:10.520]  and it's a 50-50.
[01:26:10.520 --> 01:26:12.040]  The judge is gonna say,
[01:26:12.040 --> 01:26:14.240]  I don't give a darn about the federal court,
[01:26:14.240 --> 01:26:15.680]  this is my courtroom,
[01:26:15.680 --> 01:26:17.880]  you're not gonna tell me what to do.
[01:26:17.880 --> 01:26:19.080]  Or the judge could say,
[01:26:19.080 --> 01:26:22.480]  well, I can see where this is going,
[01:26:22.480 --> 01:26:25.640]  and if we go to trial and have a trial,
[01:26:27.600 --> 01:26:29.680]  yeah, we'll probably get default judgment,
[01:26:29.680 --> 01:26:32.280]  or in this case it would be summary judgment on you
[01:26:32.280 --> 01:26:34.680]  for the amounts in question.
[01:26:34.680 --> 01:26:36.760]  However, the judge has to be thinking,
[01:26:36.760 --> 01:26:38.520]  what if suppose these guys did break the law
[01:26:38.520 --> 01:26:40.120]  and get this guy in here?
[01:26:40.120 --> 01:26:42.600]  Will that judgment hold up?
[01:26:42.600 --> 01:26:44.720]  Or will the guy be coming back here in six months
[01:26:44.720 --> 01:26:46.640]  moving the court to get rid of the judgment
[01:26:46.640 --> 01:26:48.560]  based on the fact that he can prove
[01:26:49.840 --> 01:26:51.320]  they broke the law in federal court?
[01:26:51.320 --> 01:26:53.440]  See, and here's what happens.
[01:26:53.440 --> 01:26:54.880]  So I don't really worry about it.
[01:26:54.880 --> 01:26:56.880]  You wanna get the summary judgment on me,
[01:26:56.880 --> 01:26:58.360]  okay, you got it.
[01:26:58.360 --> 01:26:59.840]  When I get in federal court
[01:26:59.840 --> 01:27:01.600]  and we go to a settlement agreement,
[01:27:01.600 --> 01:27:03.280]  one of parts of the settlement agreement is,
[01:27:03.280 --> 01:27:05.800]  get that darn default judgment
[01:27:05.800 --> 01:27:08.040]  or summary judgment out of the local court.
[01:27:08.040 --> 01:27:10.840]  If you don't wanna do that, we're going to trial.
[01:27:10.840 --> 01:27:11.680]  So that's simple.
[01:27:11.680 --> 01:27:16.680]  Well, I've got a follow-up question to that, Mike.
[01:27:16.680 --> 01:27:19.200]  I actually had filed a federal court
[01:27:19.200 --> 01:27:23.080]  under the Federal Fair Debt Collection Act
[01:27:23.080 --> 01:27:26.720]  and Fair Credit Reporting Act,
[01:27:26.720 --> 01:27:30.520]  and got an order from the judge
[01:27:30.520 --> 01:27:32.840]  asking me for a more definite statement,
[01:27:32.840 --> 01:27:34.760]  which I complied with.
[01:27:34.760 --> 01:27:35.600]  Yeah.
[01:27:35.600 --> 01:27:40.680]  But he dismissed my action
[01:27:40.680 --> 01:27:44.560]  against the defendants.
[01:27:44.560 --> 01:27:47.600]  And I paraphrase part of what he said.
[01:27:47.600 --> 01:27:52.600]  He said, the plaintiff is attempting to use the court
[01:27:53.920 --> 01:27:58.920]  to resolve a run of meal, quote unquote,
[01:27:59.120 --> 01:28:02.360]  billing dispute in this court.
[01:28:02.360 --> 01:28:05.160]  And he used that as a basis to dismiss
[01:28:05.160 --> 01:28:10.160]  my cause of action or whatever, my grievance.
[01:28:14.080 --> 01:28:15.240]  And I appealed to him.
[01:28:16.440 --> 01:28:18.440]  Have you ever heard of such a thing
[01:28:18.440 --> 01:28:21.120]  when you actually have laws there,
[01:28:21.120 --> 01:28:25.760]  consumer laws in your favor in a federal judge dismiss it
[01:28:25.760 --> 01:28:28.680]  because he claims that you're trying to use
[01:28:28.680 --> 01:28:33.480]  his court to settle a run of the mill billing dispute?
[01:28:33.480 --> 01:28:34.720]  I've never heard of that.
[01:28:34.720 --> 01:28:35.920]  That's a first for me.
[01:28:35.920 --> 01:28:38.880]  I've never seen any of these cases dismissed
[01:28:41.280 --> 01:28:44.760]  being frivolous or anything like that.
[01:28:44.760 --> 01:28:46.600]  That's really weird what you're telling me.
[01:28:46.600 --> 01:28:48.120]  I've never heard of that.
[01:28:48.120 --> 01:28:52.320]  And also, you know, I am concerned
[01:28:52.320 --> 01:28:53.920]  I'd have to see your complaint
[01:28:53.920 --> 01:28:56.120]  because I think you might've put some things in there
[01:28:56.120 --> 01:28:58.800]  that you should know, okay?
[01:28:58.800 --> 01:28:59.640]  Right.
[01:28:59.640 --> 01:29:01.880]  See, people who aren't experienced in this
[01:29:01.880 --> 01:29:05.000]  will go in there and immediately start with,
[01:29:05.000 --> 01:29:07.520]  uh, they sued me in the local court.
[01:29:07.520 --> 01:29:09.280]  They got a default judgment.
[01:29:09.280 --> 01:29:12.160]  Uh, they've been trying to collect this thing.
[01:29:12.160 --> 01:29:13.440]  I have this account.
[01:29:13.440 --> 01:29:15.920]  You don't talk about any of that in the complaint.
[01:29:16.880 --> 01:29:19.600]  Right, I actually didn't include any of those things.
[01:29:19.600 --> 01:29:22.800]  Okay, then there's something weird going on there.
[01:29:22.800 --> 01:29:26.000]  And if you're not happy with the results,
[01:29:26.000 --> 01:29:27.600]  what I would do,
[01:29:27.600 --> 01:29:29.360]  because it's always nice in federal court,
[01:29:29.360 --> 01:29:30.640]  you do have some recourse.
[01:29:30.640 --> 01:29:34.440]  I would contact my federal or state senator
[01:29:34.440 --> 01:29:36.920]  or congressman, file a complaint,
[01:29:36.920 --> 01:29:39.040]  have them do an investigation on that judge.
[01:29:39.040 --> 01:29:41.840]  I guarantee you that judge will never make it
[01:29:41.840 --> 01:29:43.040]  to the Supreme Court.
[01:29:44.640 --> 01:29:46.280]  Well, I had a question for Diane.
[01:29:46.280 --> 01:29:50.040]  Could, uh, uh, Dipper, could you hold me over, uh,
[01:29:50.040 --> 01:29:50.880]  after this?
[01:29:50.880 --> 01:29:52.240]  Uh, yes, but very quickly
[01:29:52.240 --> 01:29:54.680]  because we've got a lot of callers stacking up.
[01:29:54.680 --> 01:29:55.960]  And we only got a half an hour left.
[01:29:55.960 --> 01:29:57.520]  We'll be right back on the other side.
[01:29:57.520 --> 01:30:01.160]  This is a rule of law.
[01:30:01.160 --> 01:30:04.240]  Are you the plaintiff or defendant in a lawsuit?
[01:30:04.240 --> 01:30:07.600]  Win your case without an attorney with Jurisdictionary,
[01:30:07.600 --> 01:30:11.200]  the affordable, easy to understand, four CD course
[01:30:11.200 --> 01:30:15.600]  that will show you how in 24 hours, step-by-step.
[01:30:15.600 --> 01:30:19.320]  If you have a lawyer, know what your lawyer should be doing.
[01:30:19.320 --> 01:30:20.800]  If you don't have a lawyer,
[01:30:20.800 --> 01:30:23.200]  know what you should do for yourself.
[01:30:23.200 --> 01:30:26.160]  Thousands have won with our step-by-step course.
[01:30:26.160 --> 01:30:28.040]  And now you can too.
[01:30:28.040 --> 01:30:31.120]  Jurisdictionary was created by a licensed attorney
[01:30:31.120 --> 01:30:34.600]  with 22 years of case winning experience.
[01:30:34.600 --> 01:30:36.520]  Even if you're not in a lawsuit,
[01:30:36.520 --> 01:30:39.080]  you can learn what everyone should understand
[01:30:39.080 --> 01:30:41.120]  about the principles and practices
[01:30:41.120 --> 01:30:43.560]  that control our American courts.
[01:30:43.560 --> 01:30:45.600]  You'll receive our audio classroom,
[01:30:45.600 --> 01:30:49.680]  video seminar, tutorials, forms for civil cases,
[01:30:49.680 --> 01:30:52.320]  pro se tactics, and much more.
[01:30:52.320 --> 01:30:55.200]  Please visit ruleoflawradio.com
[01:30:55.200 --> 01:31:00.200]  and click on the banner or call toll-free, 866-LAW-EZ.
[01:31:00.200 --> 01:31:24.280]  I'll see you soon, I'll see you soon, I'll see you soon,
[01:31:24.280 --> 01:31:43.360]  I'll see you soon, I'll see you soon, I'll see you soon.
[01:31:43.360 --> 01:31:53.580]  Yes, Ms. Diane, I followed an appeal because there were some elements of my case in the
[01:31:53.580 --> 01:32:00.960]  lower court that I didn't like, so I appealed it and I hadn't gotten any response back from
[01:32:00.960 --> 01:32:06.680]  the defendants, but here's my question.
[01:32:06.680 --> 01:32:16.240]  My question is, until that appeal has been heard by the appellate court, even though
[01:32:16.240 --> 01:32:23.320]  the two defendants have already filed their answer here, what type of motions can I make
[01:32:23.320 --> 01:32:30.880]  to the court to, I guess, wait until this appeal has been heard before I move forward
[01:32:30.880 --> 01:32:32.720]  with my case in the lower court?
[01:32:32.720 --> 01:32:40.520]  Well, I would do a motion to ask the court to stay any foreclosure proceedings pending
[01:32:40.520 --> 01:32:41.520]  the appeal.
[01:32:41.520 --> 01:32:42.520]  Is this...
[01:32:42.520 --> 01:32:43.520]  Okay.
[01:32:43.520 --> 01:32:44.520]  Okay.
[01:32:44.520 --> 01:32:47.520]  Is it a foreclosure case?
[01:32:47.520 --> 01:32:54.960]  It's a fair debt, you know, it's under the Fair Debt Reporting Act and the Fair Debt
[01:32:54.960 --> 01:32:55.960]  Collection Practices.
[01:32:55.960 --> 01:33:01.040]  Okay, but does it have to do with your, it doesn't have to do with your real property
[01:33:01.040 --> 01:33:02.040]  or foreclosure?
[01:33:02.040 --> 01:33:03.040]  No.
[01:33:03.040 --> 01:33:04.040]  No.
[01:33:04.040 --> 01:33:05.040]  No property issues.
[01:33:05.040 --> 01:33:06.040]  Okay, so then you don't need to stay.
[01:33:06.040 --> 01:33:10.160]  I'm sorry, I was thinking that it was a foreclosure action.
[01:33:10.160 --> 01:33:11.160]  Right.
[01:33:11.160 --> 01:33:12.640]  What kind of motion would you want?
[01:33:12.640 --> 01:33:18.960]  I mean, at this point, what you're saying is that, you know, they're ruining your credit,
[01:33:18.960 --> 01:33:23.520]  which is like, you're looking for damages and you're looking for them to, you know,
[01:33:23.520 --> 01:33:28.800]  correct their credit reports, but you don't want to get a stay.
[01:33:28.800 --> 01:33:34.720]  What I want is until the appellate court has rendered a decision, either remanding and
[01:33:34.720 --> 01:33:42.880]  reversing the judge's decision that he made that I didn't agree with, I don't want to
[01:33:42.880 --> 01:33:49.600]  be battling, because I'm representing myself pro se, I don't want to be battling, you
[01:33:49.600 --> 01:33:55.600]  know, dealing with the appellate court on one hand and dealing with the district court
[01:33:55.600 --> 01:34:00.640]  on the other hand with their lawyers, you know, shooting their missiles at me all over
[01:34:00.640 --> 01:34:01.800]  the place.
[01:34:01.800 --> 01:34:10.160]  So what I'm trying to do is trying to get the court to, I guess, I don't know if you
[01:34:10.160 --> 01:34:14.680]  would call it a stay, give me a stay until the appellate court has heard the matter or
[01:34:14.680 --> 01:34:16.760]  does that automatically happen anyway?
[01:34:16.760 --> 01:34:19.360]  No, I don't think it automatically happens.
[01:34:19.360 --> 01:34:22.000]  It usually requires a motion to stay.
[01:34:22.000 --> 01:34:28.640]  So are you saying that the creditor is coming against you to try and get a judgment against
[01:34:28.640 --> 01:34:32.160]  you for the death, so to speak?
[01:34:32.160 --> 01:34:38.600]  Yes, yes, and actually what they're trying to do is get a summary judgment before we
[01:34:38.600 --> 01:34:41.200]  even get to the trial.
[01:34:41.200 --> 01:34:46.520]  They want to get the thing dismissed and I don't want that to happen until I've actually
[01:34:46.520 --> 01:34:53.120]  had the appellate court hear all the facts or at least make some type of decision.
[01:34:53.120 --> 01:34:57.520]  Well, Rodney, this has to do with a credit card debt collector situation, right?
[01:34:57.520 --> 01:34:58.520]  Yes.
[01:34:58.520 --> 01:34:59.520]  Not a mortgage.
[01:34:59.520 --> 01:35:05.760]  Well, Mike, from what Mike was telling me, you go after them in federal court first during
[01:35:05.760 --> 01:35:13.440]  this process and then according to the terms, the settlement terms, you force them to drop
[01:35:13.440 --> 01:35:16.960]  the case against you in the state court, right, Mike?
[01:35:16.960 --> 01:35:17.960]  That's correct.
[01:35:17.960 --> 01:35:24.560]  Okay, so Rodney, I think you need to get Mike's course because you want to be able to force
[01:35:24.560 --> 01:35:29.480]  them to simply drop the case before it even gets to the summary judgment or anything else,
[01:35:29.480 --> 01:35:36.000]  so you've got to file suit against them in federal court under these consumer protection
[01:35:36.000 --> 01:35:37.000]  laws.
[01:35:37.000 --> 01:35:41.000]  Right, but I think he said that they've already filed suit against him.
[01:35:41.000 --> 01:35:47.960]  Right, right, so what I'm saying is that if he uses the Mike Mears method, then Rodney
[01:35:47.960 --> 01:35:55.080]  can sue them in federal court for violating the Fair Credit Reporting Act and the Fair
[01:35:55.080 --> 01:36:00.440]  Debt Collections Practices Act and through that lawsuit, which has nothing to do with
[01:36:00.440 --> 01:36:06.960]  the debt, he forces them into a settlement agreement and as part of the settlement agreement
[01:36:06.960 --> 01:36:13.520]  of the federal case, part of that agreement is that they have to agree to drop the case
[01:36:13.520 --> 01:36:17.080]  and dismiss the case that they filed against him in the state court.
[01:36:17.080 --> 01:36:20.840]  Well, correct me if I'm wrong, but I was under the impression that that's what he did and
[01:36:20.840 --> 01:36:28.480]  that's why they're bringing a motion for summary judgment to get his federal case dismissed
[01:36:28.480 --> 01:36:30.240]  and that's why he's appealing.
[01:36:30.240 --> 01:36:35.720]  You've already filed against them in federal court for Fair Credit Reporting Act violations,
[01:36:35.720 --> 01:36:36.720]  Rodney?
[01:36:36.720 --> 01:36:37.720]  Yes, I have.
[01:36:37.720 --> 01:36:46.960]  Yes, I have and there were 12 defendants listed there and the judge dismissed all but two
[01:36:46.960 --> 01:36:55.920]  of my grievances against...dismissed 10 of the 12 grievances and only about two of them
[01:36:55.920 --> 01:37:03.240]  remained so I appealed his decision in its entirety to the appellate court and I'm waiting
[01:37:03.240 --> 01:37:09.920]  for the appellate court to make some type of ruling on that before I continue in federal
[01:37:09.920 --> 01:37:13.600]  court, if hopefully that makes sense.
[01:37:13.600 --> 01:37:18.920]  Yes, what I would say is that first of all, on the motion for summary judgment, the courts
[01:37:18.920 --> 01:37:24.360]  are not supposed to grant motions for summary judgment unless they can...unless the other
[01:37:24.360 --> 01:37:32.560]  side shows that there are no material issues in factual dispute, so since you're disputing
[01:37:32.560 --> 01:37:38.720]  the debt, it seems to me like that would be a very difficult motion for the court to grant
[01:37:38.720 --> 01:37:43.240]  because you should be able to show that you have legitimate grounds for disputing that
[01:37:43.240 --> 01:37:49.840]  debt and when there's any kind of factual issues in dispute, the motion for summary
[01:37:49.840 --> 01:37:52.080]  judgment should be denied.
[01:37:52.080 --> 01:38:00.880]  So it sounds to me like that you do need to do a motion to, you know, stay them coming
[01:38:00.880 --> 01:38:09.880]  after you on the debt until such time as you can challenge them on the federal court case
[01:38:09.880 --> 01:38:13.840]  that you're doing, but you mentioned something about you wanted the federal court to look
[01:38:13.840 --> 01:38:18.440]  at the facts and normally the federal court just looks at whether or not there's been
[01:38:18.440 --> 01:38:21.840]  abuse of discretion, whether there's violations of the whole law.
[01:38:21.840 --> 01:38:31.560]  They don't usually look at...they don't usually look at, you know, like a review of the facts.
[01:38:31.560 --> 01:38:33.120]  Not even the appellate court?
[01:38:33.120 --> 01:38:38.200]  No, normally the appellate court will only review whether or not the lower court judge
[01:38:38.200 --> 01:38:45.440]  has abused its discretion and violated the law, whether they have made a mistake in applying
[01:38:45.440 --> 01:38:51.020]  the law to the facts, but they normally don't...you know, it's not their job to like re-look
[01:38:51.020 --> 01:38:52.020]  at the facts.
[01:38:52.020 --> 01:38:59.400]  Right, because I can't understand if I have a grievance under the Fair Debt Collection
[01:38:59.400 --> 01:39:06.520]  and the judge in his own words says that he thinks that I'm using his federal court to
[01:39:06.520 --> 01:39:14.360]  resolve a run-of-the-mill billing dispute, to me that sounds like an abuse of, you know,
[01:39:14.360 --> 01:39:16.840]  whatever, you know, the legal authority.
[01:39:16.840 --> 01:39:18.560]  I totally agree.
[01:39:18.560 --> 01:39:19.680]  I totally agree with you.
[01:39:19.680 --> 01:39:21.280]  I think that is an abuse of discretion.
[01:39:21.280 --> 01:39:25.960]  I mean, that's ridiculous for a judge to say, you know, what does he think the courts are
[01:39:25.960 --> 01:39:26.960]  for?
[01:39:26.960 --> 01:39:27.960]  They're there to resolve billing disputes.
[01:39:27.960 --> 01:39:32.200]  But that's exactly what the courts are supposed to do, is resolve billing disputes.
[01:39:32.200 --> 01:39:35.000]  What do you mean run-of-the-mill billing disputes?
[01:39:35.000 --> 01:39:37.200]  That's what your job is.
[01:39:37.200 --> 01:39:45.160]  And I cited the judge's own words in my appeal, the page number and the paragraph and everything,
[01:39:45.160 --> 01:39:46.480]  so I'm not making this up.
[01:39:46.480 --> 01:39:47.480]  I know it sounds...
[01:39:47.480 --> 01:39:51.200]  I believe you, I had to laugh out loud when I heard you say that.
[01:39:51.200 --> 01:39:54.920]  Like the judge said, this is a run-of-the-mill billing dispute.
[01:39:54.920 --> 01:40:01.040]  It's like, well, buddy, what do you think your job is to resolve billing disputes, you
[01:40:01.040 --> 01:40:02.040]  know?
[01:40:02.040 --> 01:40:07.000]  Well, I'm trying to think, you know, several of the defendants in here, maybe these are
[01:40:07.000 --> 01:40:12.560]  some of his golf buddies or what not, and I could care less, but all I'm asking for
[01:40:12.560 --> 01:40:13.560]  is justice here.
[01:40:13.560 --> 01:40:21.560]  So anyway, I think this is a great show, and you've given me a lot of proof of thought
[01:40:21.560 --> 01:40:22.560]  here.
[01:40:22.560 --> 01:40:23.560]  Thank you, Mike.
[01:40:23.560 --> 01:40:24.560]  Thank you, Ms. Diane.
[01:40:24.560 --> 01:40:25.560]  And thank you, Deborah.
[01:40:25.560 --> 01:40:26.560]  You're welcome.
[01:40:26.560 --> 01:40:27.560]  Thank you.
[01:40:27.560 --> 01:40:28.560]  Thank you, Rodney.
[01:40:28.560 --> 01:40:34.200]  Mike, do you have any comments on how he can further his federal case to use as leverage
[01:40:34.200 --> 01:40:35.680]  against this issue?
[01:40:35.680 --> 01:40:36.680]  No.
[01:40:36.680 --> 01:40:43.560]  I really want to see the case and see how it's filed because I have concerns as to the
[01:40:43.560 --> 01:40:46.440]  claims within the case.
[01:40:46.440 --> 01:40:52.280]  I'm not sure why there's 12 defendants in there.
[01:40:52.280 --> 01:40:56.320]  It's very difficult to comment without seeing what the complaint was about.
[01:40:56.320 --> 01:40:57.320]  Right.
[01:40:57.320 --> 01:40:59.800]  Because this seems like an unusual situation.
[01:40:59.800 --> 01:41:08.120]  I mean, most of the time, according to your strategies, when people file against these
[01:41:08.120 --> 01:41:14.280]  debt collectors and creditors in federal court under these two consumer protection laws,
[01:41:14.280 --> 01:41:20.960]  it's pretty much a dead-bang, you know, in-the-bag, slam-dunk kind of a thing where you force
[01:41:20.960 --> 01:41:28.400]  them to drop the state case or dismiss it or, you know, retract the judgment or whatever
[01:41:28.400 --> 01:41:29.400]  the case is.
[01:41:29.400 --> 01:41:30.400]  I mean, that's pretty...
[01:41:30.400 --> 01:41:34.880]  You pretty much have 100% track record from all your clients on that one, so I'm not really
[01:41:34.880 --> 01:41:37.640]  understanding what's going on here with Rodney.
[01:41:37.640 --> 01:41:38.640]  This is a...
[01:41:38.640 --> 01:41:39.640]  Right.
[01:41:39.640 --> 01:41:40.640] ...must be an unusual situation.
[01:41:40.640 --> 01:41:45.200]  Again, I'd have to see the case and see how the complaint was made out.
[01:41:45.200 --> 01:41:47.080]  I've never had the case...
[01:41:47.080 --> 01:41:54.320]  I had one guy who did this out in California, and he didn't have any help from me.
[01:41:54.320 --> 01:41:59.120]  I believe he has one of my courses, and he went in there and did consult with me or anything
[01:41:59.120 --> 01:42:05.120]  like that, and even based on that, the judge dismissed half the case but moved ahead with
[01:42:05.120 --> 01:42:11.040]  the other half of the case, so, yeah, I don't understand what's going on here, you know?
[01:42:11.040 --> 01:42:16.320]  I very seldom see these cases dismissed as long as they're worded correctly, and there
[01:42:16.320 --> 01:42:21.800]  must have been something in there that, you know, forced the judge to do this.
[01:42:21.800 --> 01:42:22.800]  It's not clear.
[01:42:22.800 --> 01:42:23.800]  Right.
[01:42:23.800 --> 01:42:24.800]  Okay.
[01:42:24.800 --> 01:42:25.800]  Okay.
[01:42:25.800 --> 01:42:26.800]  Well, let's move on.
[01:42:26.800 --> 01:42:29.120]  We've got Jackie in California.
[01:42:29.120 --> 01:42:30.720]  Jackie, thank you for calling in.
[01:42:30.720 --> 01:42:33.720]  What is your question for Mike or Diane?
[01:42:33.720 --> 01:42:34.720]  Thank you.
[01:42:34.720 --> 01:42:37.720]  I have a question for Diane.
[01:42:37.720 --> 01:42:43.480]  A couple callers ago, Diane, when you were talking about how to get the court moving
[01:42:43.480 --> 01:42:49.080]  to answer, could you expand on that a little bit?
[01:42:49.080 --> 01:42:50.080]  I...
[01:42:50.080 --> 01:42:54.480]  This friend of mine is a young disabled man.
[01:42:54.480 --> 01:43:00.040]  It's a different type of case than what you're usually doing, but maybe you can help.
[01:43:00.040 --> 01:43:05.920]  He had to pick up his medicine at the pharmacy, and the police followed him from the pharmacy
[01:43:05.920 --> 01:43:11.720]  and then ended up arresting him, stealing his prescriptions that he just picked up,
[01:43:11.720 --> 01:43:18.280]  and then he was arrested for possession of controlled substances.
[01:43:18.280 --> 01:43:21.280]  The whole case is bogus, although it's in Idaho.
[01:43:21.280 --> 01:43:26.640]  He lives a thousand miles away, and they're threatening to put a warrant out if he doesn't
[01:43:26.640 --> 01:43:31.280]  actually make his presence in person in the court.
[01:43:31.280 --> 01:43:37.680]  They won't let him appear by phone, and plus, he's filed a whole bunch of motions on things
[01:43:37.680 --> 01:43:44.120]  such as he was not a commercial driver, so he shouldn't have been arrested in person.
[01:43:44.120 --> 01:43:45.760]  Okay, Jackie, hang on.
[01:43:45.760 --> 01:43:46.760]  We're going to break.
[01:43:46.760 --> 01:43:52.240]  We've got a lot of callers on the line, so we'll let Diane expand on what she was saying
[01:43:52.240 --> 01:43:54.840]  earlier when we get back on the other side.
[01:43:54.840 --> 01:43:55.840]  This is the rule of law.
[01:43:55.840 --> 01:43:56.840]  We'll be right back.
[01:43:56.840 --> 01:44:05.840]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:44:05.840 --> 01:44:09.720]  Stop debt collectors now with the Michael Mears proven method.
[01:44:09.720 --> 01:44:14.040]  Michael Mears has won six paces in federal court against debt collectors, and now you
[01:44:14.040 --> 01:44:15.360]  can win too.
[01:44:15.360 --> 01:44:20.000]  You'll get step-by-step instructions in plain English on how to win in court using federal
[01:44:20.000 --> 01:44:25.640]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[01:44:25.640 --> 01:44:30.280]  letters and phone calls, how to get debt collectors out of your credit report, how to turn your
[01:44:30.280 --> 01:44:34.480]  financial tables on them and make them pay you to go away.
[01:44:34.480 --> 01:44:39.600]  The Michael Mears proven method is the solution for how to stop debt collectors.
[01:44:39.600 --> 01:44:41.720]  Personal consultation is available as well.
[01:44:41.720 --> 01:44:47.280]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[01:44:47.280 --> 01:44:50.280]  or email michaelmears at yahoo.com.
[01:44:50.280 --> 01:44:59.280]  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
[01:44:59.280 --> 01:45:00.280]  collectors now.
[01:45:00.280 --> 01:45:09.240]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:45:09.240 --> 01:45:30.240]  talk radio at its best.
[01:45:40.240 --> 01:46:07.240]  The people come down from the hill.
[01:46:07.240 --> 01:46:17.240]  Into the city they will shuffle.
[01:46:17.240 --> 01:46:25.240]  Many long nights, many strong thrills.
[01:46:25.240 --> 01:46:31.240]  Land of comfort, band of scuffles.
[01:46:31.240 --> 01:46:40.240]  It's hard to lose, and it's hard to hold.
[01:46:40.240 --> 01:46:46.240]  Far back as they remember, they've been told.
[01:46:46.240 --> 01:47:01.240]  They've got to learn sign language.
[01:47:17.240 --> 01:47:26.240]  There have been some who speak sentences.
[01:47:26.240 --> 01:47:34.240]  Then there are others who break the rules.
[01:47:34.240 --> 01:47:42.240]  There have been some who speak sentences.
[01:47:42.240 --> 01:47:48.240]  Then there are others who speak the tools.
[01:47:48.240 --> 01:47:57.240]  It's hard to tell who's in control.
[01:47:57.240 --> 01:48:01.240]  So trust in what you speak to the eyes.
[01:48:01.240 --> 01:48:03.240]  Okay, folks, we are back.
[01:48:03.240 --> 01:48:04.240]  Yes.
[01:48:04.240 --> 01:48:09.240]  Okay, Diane, you were addressing this motion for expedited discovery.
[01:48:09.240 --> 01:48:10.240]  Sure.
[01:48:10.240 --> 01:48:14.240]  And if you want to do that, and whether it's filed in the same court or a different court.
[01:48:14.240 --> 01:48:15.240]  Yes.
[01:48:15.240 --> 01:48:19.240]  I was explaining a situation where if you file a case, either in the state or federal
[01:48:19.240 --> 01:48:24.240]  court, and you don't feel like you have enough information, and you're afraid that the other
[01:48:24.240 --> 01:48:29.240]  side is going to do a motion to dismiss, the ability to state a cause of action, or a motion
[01:48:29.240 --> 01:48:33.240]  to strike, or a motion for a more definite statement, because although you wanted to
[01:48:33.240 --> 01:48:39.240]  file the lawsuits to preserve your statute of limitations or to stop the foreclosure,
[01:48:39.240 --> 01:48:45.240]  that's why you filed it in advance before getting your discovery done or your QWRs or
[01:48:45.240 --> 01:48:52.240]  whatever, what you want to do then is to do a motion for expedited discovery to try and
[01:48:52.240 --> 01:48:58.240]  get the answers so you can file an amended complaint before they answer.
[01:48:58.240 --> 01:49:04.240]  You can file an amended complaint as a matter of rights, as a matter of course, without
[01:49:04.240 --> 01:49:09.240]  having to do a motion, getting the judge's permission, any time before the defendant
[01:49:09.240 --> 01:49:10.240]  answers.
[01:49:10.240 --> 01:49:16.240]  So if you file a complaint, you can also do a motion for expedited discovery in that same
[01:49:16.240 --> 01:49:22.240]  court and just try and get the answers to the questions that you need so that you can
[01:49:22.240 --> 01:49:27.240]  do a more definite statement or a cause of action that will sustain itself, the motion.
[01:49:27.240 --> 01:49:32.240]  But that's totally separate from the situation you were talking about, which is a criminal
[01:49:32.240 --> 01:49:35.240]  case.
[01:49:35.240 --> 01:49:40.240]  You're talking about a criminal indictment where if he doesn't show up, he's going to
[01:49:40.240 --> 01:49:42.240]  have a failure to appear.
[01:49:42.240 --> 01:49:43.240]  So that's very different.
[01:49:43.240 --> 01:49:47.240]  I think what we'll do is the motion for expedited discovery.
[01:49:47.240 --> 01:49:52.240]  In a criminal case, you have to go to the district attorney's office and ask them for
[01:49:52.240 --> 01:50:00.240]  all the discovery, but you still have to somehow appear in court or the judge will order that
[01:50:00.240 --> 01:50:02.240]  you have failed to appear.
[01:50:02.240 --> 01:50:04.240]  That's another matter in the rest.
[01:50:04.240 --> 01:50:06.240]  But it sounds like that's in Ohio anyhow.
[01:50:06.240 --> 01:50:11.240]  I'm not licensed in the rest of Ohio.
[01:50:11.240 --> 01:50:13.240]  Okay.
[01:50:13.240 --> 01:50:17.240]  You should figure out how to appear somehow.
[01:50:17.240 --> 01:50:18.240]  Okay.
[01:50:18.240 --> 01:50:19.240]  All right.
[01:50:19.240 --> 01:50:20.240]  Thank you, Diane.
[01:50:20.240 --> 01:50:21.240]  All right.
[01:50:21.240 --> 01:50:24.240]  We're going to go on now to Stan in Washington.
[01:50:24.240 --> 01:50:26.240]  Stan, thank you for calling in.
[01:50:26.240 --> 01:50:29.240]  What is your question for Mike or Diane?
[01:50:29.240 --> 01:50:30.240]  Thanks for having me.
[01:50:30.240 --> 01:50:40.240]  I just got a letter today from Recovery's AMO Recovery Service on a PUD bill.
[01:50:40.240 --> 01:50:45.240]  I had a house foreclosed on, which is another deal I'm working with Randy on, but they sent
[01:50:45.240 --> 01:50:47.240]  me a bill for $717.
[01:50:47.240 --> 01:50:54.240]  Well, it was a bill after the house was foreclosed, but the power didn't get turned off, I guess.
[01:50:54.240 --> 01:50:57.240]  It was still in my name.
[01:50:57.240 --> 01:51:05.240]  And so it's in a collection agency now, and they're trying to collect $717.87 plus interest
[01:51:05.240 --> 01:51:08.240]  of 91 cents.
[01:51:08.240 --> 01:51:10.240]  I think they should pay you.
[01:51:10.240 --> 01:51:14.240]  Probably.
[01:51:14.240 --> 01:51:15.240]  Yeah.
[01:51:15.240 --> 01:51:17.240]  Wow, this is typical.
[01:51:17.240 --> 01:51:21.240]  Bankruptcy generally, the day of the bankruptcy, you don't own the property anymore.
[01:51:21.240 --> 01:51:24.240]  How is that your responsibility?
[01:51:24.240 --> 01:51:28.240]  Well, that's kind of interesting, too, because I've been working with Randy, and we filed
[01:51:28.240 --> 01:51:35.240]  an action in federal court, and we actually got a default judgment for no answer.
[01:51:35.240 --> 01:51:42.240]  And so I just filed the day for a motion to compel because they haven't filed an order
[01:51:42.240 --> 01:51:46.240]  for judgment, and they haven't answered.
[01:51:46.240 --> 01:51:47.240]  It's been like 10 days.
[01:51:47.240 --> 01:51:53.240]  And the other side naturally filed a motion to deny the defendant, wanted to vacate the
[01:51:53.240 --> 01:51:57.240]  order because they said that the service is improper.
[01:51:57.240 --> 01:52:00.240]  And that's the only thing they've got to go back on.
[01:52:00.240 --> 01:52:06.240]  It was IndyMac Bank and OneWest Bank that narrows anything down for you.
[01:52:06.240 --> 01:52:11.240]  Yeah, well, with the debt collector, you may send them out a letter of validation.
[01:52:11.240 --> 01:52:14.240]  You may never hear from them again.
[01:52:14.240 --> 01:52:19.240]  I have people that, you know, have a lot of problems.
[01:52:19.240 --> 01:52:24.240]  They'll come on with 5, 6, 8, 10 issues with credit cards, debt collectors, and they just
[01:52:24.240 --> 01:52:28.240]  start pounding out the validation letters and dispute letters.
[01:52:28.240 --> 01:52:34.240]  And I have one gentleman in Kansas that was working with one debt collector.
[01:52:34.240 --> 01:52:39.240]  They didn't know that we knew it was outside statute limitations for a revolving account
[01:52:39.240 --> 01:52:43.240]  in Kansas, but we played the game, okay?
[01:52:43.240 --> 01:52:49.240]  And sent the validation letter out in March.
[01:52:49.240 --> 01:52:55.240]  April, they sent him two more demand letters to pay, keeping in mind it's outside statute
[01:52:55.240 --> 01:52:58.240]  limitations for a revolving account in Kansas.
[01:52:58.240 --> 01:53:03.240]  Sent him two more letters in black and white making the demand for him to pay, and then
[01:53:03.240 --> 01:53:07.240]  they called him two or three more times in April.
[01:53:07.240 --> 01:53:09.240]  We put the whole case together.
[01:53:09.240 --> 01:53:10.240]  We filed it.
[01:53:10.240 --> 01:53:11.240]  They hadn't been served.
[01:53:11.240 --> 01:53:16.240]  And in June, I think, you know, it was in May, they sent him a letter, oh, we're investigating
[01:53:16.240 --> 01:53:17.240]  this.
[01:53:17.240 --> 01:53:21.240]  And then in June, they sent him this beautiful, he sent it to me.
[01:53:21.240 --> 01:53:25.240]  I won't tell you the name of the debt collector, but he says, love letter from, and it's from
[01:53:25.240 --> 01:53:26.240]  the debt collector.
[01:53:26.240 --> 01:53:33.240]  The debt collector goes on to say, we purchased this account from Wamu, who went out of business
[01:53:33.240 --> 01:53:38.240]  several years ago, and we owned the debt back in 2007.
[01:53:38.240 --> 01:53:39.240]  We bought it.
[01:53:39.240 --> 01:53:43.240]  Here's the account number, and we're forgiving the debt.
[01:53:43.240 --> 01:53:47.240]  And we're going to remove, get the credit bureaus to remove all the information.
[01:53:47.240 --> 01:53:51.240]  We're going to inform the credit bureaus to remove all the information from the credit
[01:53:51.240 --> 01:53:52.240]  record.
[01:53:52.240 --> 01:53:55.240]  However, we can't guarantee that.
[01:53:55.240 --> 01:53:59.240]  Here's our 800 number.
[01:53:59.240 --> 01:54:00.240]  Interesting.
[01:54:00.240 --> 01:54:06.240]  Well, they've now been served, and of course, the lawyer comes on board, and when you're
[01:54:06.240 --> 01:54:13.240]  dealing with debt collectors, why should they be honest with their attorneys?
[01:54:13.240 --> 01:54:23.240]  So the attorney comes back and asks for a 10-day or 11-day extension to answer the complaint.
[01:54:23.240 --> 01:54:29.240]  And we sent it back, and my guy told them, a little coaching on this end, yeah, we have
[01:54:29.240 --> 01:54:30.240]  no problem with that.
[01:54:30.240 --> 01:54:36.240]  We'll give you 10 days to answer, because you see, that'll give us just enough time
[01:54:36.240 --> 01:54:42.240]  to file a complaint with the attorney general, the state of Kansas, and the Federal Trade
[01:54:42.240 --> 01:54:43.240]  Commission.
[01:54:43.240 --> 01:54:48.240]  So now, boys, not only are you dealing with me, you're going to be dealing with these
[01:54:48.240 --> 01:54:53.240]  guys who are breaking the state laws and explaining to them why you're trying to collect an account
[01:54:53.240 --> 01:54:56.240]  outside the statute of limitations.
[01:54:56.240 --> 01:54:59.240]  And now you send me a letter that says it's all forgiven.
[01:54:59.240 --> 01:55:00.240]  Wow.
[01:55:00.240 --> 01:55:04.240]  I wonder why you sent me that letter.
[01:55:04.240 --> 01:55:12.240]  Well, they came back with an offer agreement, and well, you know, you can only get $1,000
[01:55:12.240 --> 01:55:13.240]  and all this.
[01:55:13.240 --> 01:55:14.240]  Well, that's no problem.
[01:55:14.240 --> 01:55:20.240]  We'll go to Discovery, and we'll ask your client, Mr. Attorney, how much they paid for
[01:55:20.240 --> 01:55:28.240]  this account, because then maybe we can prove it when we show that they paid $100 for this
[01:55:28.240 --> 01:55:34.240]  thing, and you're trying to collect $4,000, maybe we can bring in fraud upon the consumer
[01:55:34.240 --> 01:55:35.240]  as well.
[01:55:35.240 --> 01:55:39.240]  But here's what we'll do, and we offered them a simple settlement agreement.
[01:55:39.240 --> 01:55:40.240]  Here's what we want.
[01:55:40.240 --> 01:55:41.240]  Go away.
[01:55:41.240 --> 01:55:42.240]  What happened?
[01:55:42.240 --> 01:55:45.240]  So now the lawyer came and said, we're giving you 48 hours to answer.
[01:55:45.240 --> 01:55:48.240]  The lawyer came back today and said, look, I've been out of the office two days.
[01:55:48.240 --> 01:55:49.240]  I just got back.
[01:55:49.240 --> 01:55:52.240]  Can you give me a couple more days to talk to my client?
[01:55:52.240 --> 01:55:53.240]  Yeah.
[01:55:53.240 --> 01:55:55.240]  See, they don't even talk to the lawyer.
[01:55:55.240 --> 01:55:58.240]  They just call the lawyer up and say, defend us.
[01:55:58.240 --> 01:55:59.240]  We're being sued.
[01:55:59.240 --> 01:56:02.240]  And the lawyer, I know, didn't know any of this stuff.
[01:56:02.240 --> 01:56:06.240]  He's probably scratching his head right now and saying, what the heck did I get into with
[01:56:06.240 --> 01:56:10.240]  these guys faking this case?
[01:56:10.240 --> 01:56:13.240]  I mean, you know, this goes on.
[01:56:13.240 --> 01:56:14.240]  I'm very, very sure.
[01:56:14.240 --> 01:56:19.240]  I'm sure if a lawyer knew all the facts, that they were attempting to collect this outside
[01:56:19.240 --> 01:56:23.240]  the statute of limitations, the lawyer would have said, well, why were you guys?
[01:56:23.240 --> 01:56:26.240]  I'd call this guy up and settle with him pretty fast because you're going to have the
[01:56:26.240 --> 01:56:29.240]  attorney general and the Federal Trade Commission after your butts.
[01:56:29.240 --> 01:56:30.240]  Okay?
[01:56:30.240 --> 01:56:34.240]  You want to fool with them boys, you go right ahead.
[01:56:34.240 --> 01:56:35.240]  But we'll see what happens.
[01:56:35.240 --> 01:56:38.240]  Let's see if they get religion.
[01:56:38.240 --> 01:56:39.240]  We'll find out.
[01:56:39.240 --> 01:56:40.240]  Okay.
[01:56:40.240 --> 01:56:42.240]  Listen, we're coming up until the end of the show.
[01:56:42.240 --> 01:56:43.240]  We only have about two minutes left.
[01:56:43.240 --> 01:56:46.240]  And I had one more question I wanted to ask.
[01:56:46.240 --> 01:56:48.240]  Hopefully, Mike will have enough time.
[01:56:48.240 --> 01:56:49.240]  What about student loans?
[01:56:49.240 --> 01:56:54.240]  You mentioned something earlier about people should get credit cards and pay off the
[01:56:54.240 --> 01:56:56.240]  student loans and then go off to the debt collector.
[01:56:56.240 --> 01:57:03.240]  But aside from that, do student loan organizations, people or companies that hand
[01:57:03.240 --> 01:57:08.240]  out student loans, are they exempt from these consumer protection laws?
[01:57:08.240 --> 01:57:10.240]  Or how can someone deal with student loans?
[01:57:10.240 --> 01:57:13.240]  Because from my understanding, it's a whole different ball of wax.
[01:57:13.240 --> 01:57:14.240]  Yeah.
[01:57:14.240 --> 01:57:19.240]  The state and federal organizations that insure them and grant them are exempt from
[01:57:19.240 --> 01:57:20.240]  fair credit debt collection.
[01:57:20.240 --> 01:57:26.240]  I've got a gentleman.
[01:57:26.240 --> 01:57:29.240]  It's just he's studying this very, very deeply.
[01:57:29.240 --> 01:57:33.240]  And what you have to do is actually go after the head of those groups.
[01:57:33.240 --> 01:57:34.240]  Okay?
[01:57:34.240 --> 01:57:42.240]  The Sallie Mae and state organizations seem to be exempt from fair credit debt collection.
[01:57:42.240 --> 01:57:46.240]  So what about a private entity that gives student loans?
[01:57:46.240 --> 01:57:48.240]  That's totally different.
[01:57:48.240 --> 01:57:53.240]  If it's a private organization, a private bank that gave the loan, they would fall under
[01:57:53.240 --> 01:57:55.240]  fair credit debt collection, et cetera.
[01:57:55.240 --> 01:57:57.240]  But most student loans are government.
[01:57:57.240 --> 01:58:01.240]  Well, again, I can't answer that because I don't do a lot with it.
[01:58:01.240 --> 01:58:03.240]  I'm going by what this guy had.
[01:58:03.240 --> 01:58:05.240]  He did take Sallie Mae into federal court.
[01:58:05.240 --> 01:58:06.240]  They did settle with him.
[01:58:06.240 --> 01:58:08.240]  They did pay him to go away.
[01:58:08.240 --> 01:58:14.240]  But all they did is reverted the loan back to the state where he got it, and now he's
[01:58:14.240 --> 01:58:16.240]  dealing with the state, and it's very difficult.
[01:58:16.240 --> 01:58:17.240]  Okay.
[01:58:17.240 --> 01:58:18.240]  All right.
[01:58:18.240 --> 01:58:19.240]  That's kind of what I figured.
[01:58:19.240 --> 01:58:23.240]  What we suggested to people to do is take your credit cards, pay the damn thing off
[01:58:23.240 --> 01:58:28.240]  on your credit cards, and then you can go after them under fair credit debt collection.
[01:58:28.240 --> 01:58:31.240]  And you have to do that before your credit gets real bad.
[01:58:31.240 --> 01:58:32.240]  Exactly.
[01:58:32.240 --> 01:58:35.240]  Or after you clean up your credit with the Mike Mears method.
[01:58:35.240 --> 01:58:36.240]  There you go.
[01:58:36.240 --> 01:58:41.240]  Okay, folks, you can get the Mike Mears method here on ruleoflawradio.com, about halfway
[01:58:41.240 --> 01:58:42.240]  down the page.
[01:58:42.240 --> 01:58:45.240]  Click on the blue banner, and you'll get more information.
[01:58:45.240 --> 01:58:49.240]  Mike and Diane, thank you both for joining us tonight.
[01:58:49.240 --> 01:58:50.240]  Thank you, Deb.
[01:58:50.240 --> 01:58:51.240]  You're welcome.
[01:58:51.240 --> 01:58:52.240]  Okay.
[01:58:52.240 --> 01:58:55.240]  We'll be back on Monday night for Traffic Night with Eddie.
[01:58:55.240 --> 01:59:07.240]  Good night, Randy.
[01:59:07.240 --> 01:59:30.240]  Good night.
[01:59:30.240 --> 01:59:45.240]  Good night.
[01:59:45.240 --> 02:00:00.240]  Good night.