[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:09.000]  Online at thelibertybeat.com.
[00:09.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, April 11, 2014.
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[01:07.000 --> 01:12.000]  In the news today, Health and Human Services Secretary Kathleen Sebelius is resigning.
[01:12.000 --> 01:16.000]  Her resignation comes after she helped oversee the disastrous rollout
[01:16.000 --> 01:19.000]  of both Obamacare itself and the accompanying website.
[01:19.000 --> 01:23.000]  Reuters reports Sebelius' departure removes a key target for critics,
[01:23.000 --> 01:27.000]  as the President and his fellow Democrats try to retain control
[01:27.000 --> 01:30.000]  of the Senate in November midterm elections.
[01:30.000 --> 01:34.000]  A 30-year-old production assistant for TV's Tosh.0 is dead,
[01:34.000 --> 01:38.000]  shot to death by the Los Angeles County Sheriff's Department.
[01:38.000 --> 01:43.000]  The Los Angeles Times reports officers mistook John Winkler as a suspect in a stabbing.
[01:43.000 --> 01:46.000]  That came as Winkler went into a neighboring apartment
[01:46.000 --> 01:50.000]  in an attempt to help three occupants who were being held at nine point.
[01:50.000 --> 01:54.000]  As he fled with one of the victims, shots were fired, leaving Winkler dead.
[01:54.000 --> 01:58.000]  The actual 27-year-old suspect was caught later.
[01:58.000 --> 02:01.000]  Beginning April 15th, Google will begin taking online orders
[02:01.000 --> 02:04.000]  for its controversial device, Google Glass.
[02:04.000 --> 02:07.000]  The glasses allow users to interact with their environment
[02:07.000 --> 02:10.000]  and will be sold around $1,500.
[02:10.000 --> 02:14.000]  While wearing the gasket, viewers will receive publicly available information.
[02:14.000 --> 02:17.000]  Critics of the tool believe it violates the privacy of individuals
[02:17.000 --> 02:20.000]  who may not want their details released publicly.
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[02:50.000 --> 02:55.000]  This is the Liberty Beat for Friday, April 11, 2014.
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[02:59.000 --> 03:27.000]  Music
[03:27.000 --> 03:32.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits You'd go to school and learn the golden rule
[03:43.000 --> 03:49.000]  So why are you acting like a bloody fool? If you get fucked then you must get cool
[03:49.000 --> 03:54.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.000 --> 03:59.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:59.000 --> 04:28.000]  You took it on that one, you took it on that one You took it on your mother and you took it on that one
[04:29.000 --> 04:32.000]  Beep beep
[04:32.000 --> 04:38.000]  And Randy asked if there was anything that anybody, if anybody had a burning desire
[04:38.000 --> 04:42.000]  Something they had to get off their chest at the beginning of the show
[04:42.000 --> 04:48.000]  And I've been doing some, here in the state of Texas we had a fairly recent change
[04:48.000 --> 04:56.000]  In the rules of civil procedure for justice courts and the way evictions and other things are handled
[04:56.000 --> 05:09.000]  And, excuse me, there was a case where a writ of possession was issued in September
[05:09.000 --> 05:15.000]  But it was not executed until April the following year
[05:15.000 --> 05:29.000]  Well, in these new rules we go to read rule 510.8. In 510.8 there are several subsections
[05:29.000 --> 05:47.000]  I would like to go to subsection D2. Subsection D states, if the judgment or verdict in favor of the plaintiff
[05:47.000 --> 05:55.000]  If the judgment or verdict is in favor of the plaintiff, sorry about that
[05:55.000 --> 06:03.000]  The judge must award a writ of possession upon demand of the plaintiff and payment of any required fees
[06:03.000 --> 06:08.000]  Let's jump down to 2. Time to execute
[06:08.000 --> 06:21.000]  A writ of possession may not be executed after the 90th day after the judgment for possession is signed
[06:21.000 --> 06:25.000]  That's it. Why is that so important, Steve? Why is that so important?
[06:25.000 --> 06:36.000]  Because a lot of these foreclosure mill law firms will take as much time as they can
[06:36.000 --> 06:42.000]  They'll dally around. Sometimes they're fairly quick on the draw and they want to get in and get out
[06:42.000 --> 06:46.000]  But a lot of times they will let one of these writs sour
[06:46.000 --> 06:57.000]  Now, they think they're cured. Now, keep in mind, folks, these rules took effect on August 31, 2013
[06:57.000 --> 07:03.000]  So there's not been any time to have any court opinions. We don't have any case law. There's nothing
[07:03.000 --> 07:08.000]  This is kind of virgin territory in regard to these rules
[07:08.000 --> 07:11.000]  But I'm going to put something out here
[07:11.000 --> 07:17.000]  Let's explain to people out there because we've got people going through these situations
[07:17.000 --> 07:22.000]  Let's explain exactly what is a writ of possession
[07:22.000 --> 07:32.000]  A writ of possession is a common writ that awards physical possession to usually a plaintiff party
[07:32.000 --> 07:37.000]  So then the bank would have been awarded this writ of possession
[07:37.000 --> 07:38.000]  Correct
[07:38.000 --> 07:40.000]  And they would have had 90 days in which to enact
[07:40.000 --> 07:44.000]  90 days after the time after the day the judgment was signed
[07:44.000 --> 07:45.000]  Okay
[07:45.000 --> 07:52.000]  So let's say if it was signed on September 1, they would have 90 days from September the 1st
[07:52.000 --> 07:57.000]  To have the sheriff come out and execute the writ
[07:57.000 --> 07:59.000]  All right, so now
[07:59.000 --> 08:07.000]  There's an issue that's done at the court in the usually in a forcible detainer or eviction hearing
[08:07.000 --> 08:11.000]  Then there is the the
[08:11.000 --> 08:17.000]  Presentment or the posting that's when the sheriff will come out and put that red sticker on the door
[08:17.000 --> 08:21.000]  And then any time after that they can come by and execute
[08:21.000 --> 08:28.000]  That means they're coming by with locksmiths and a team of monkeys to take all your stuff and throw it out on the curb
[08:28.000 --> 08:29.000]  Okay
[08:29.000 --> 08:35.000]  So you get the judgment signed you got 90 days
[08:35.000 --> 08:43.000]  Now I'm looking through the rules here because in the case that I'm talking about something called a well
[08:43.000 --> 08:48.000]  90 days had well passed in this case
[08:48.000 --> 08:52.000]  But a writ of possession was posted on the door
[08:52.000 --> 08:58.000]  Some 200 odd days 100 and 190 days
[08:58.000 --> 09:02.000]  Outside that that 90 day period so
[09:02.000 --> 09:05.000]  The the writ expired on the 90th day
[09:05.000 --> 09:13.000]  Sometime after that this an alias writ quote unquote alias writ
[09:13.000 --> 09:19.000]  I called the courthouse and I was told that an alias writ was was issued
[09:19.000 --> 09:24.000]  I've never heard of an alias writ so I went and looked up looked up alias writ
[09:24.000 --> 09:31.000]  An alias writ is a second writ that is issued on the original writ
[09:31.000 --> 09:37.000]  Once the original writ is determined to have been unaffected
[09:37.000 --> 09:44.000]  Now I'm going back to the rules here and I'm looking for any kind of exceptions
[09:44.000 --> 09:54.000]  I'm looking for a writ an alias writ that might cure the failure to execute the original writ
[09:54.000 --> 09:59.000]  I'm looking for an extension of time after the judgment is signed
[09:59.000 --> 10:04.000]  Nothing there is nothing absolutely nothing in the rules
[10:04.000 --> 10:08.000]  Who issued the alias writ?
[10:08.000 --> 10:13.000]  The Justice Court issued the alias writ
[10:13.000 --> 10:17.000]  The same court that issued the original writ
[10:17.000 --> 10:25.000]  Can you check the records to see if there was a petition to the court to issue the alias writ?
[10:25.000 --> 10:28.000]  There was an ex parte petition
[10:28.000 --> 10:37.000]  Now the way I understand under the old rules an alias writ was a cure
[10:37.000 --> 10:41.000]  If the first writ was ineffective they could go back and just ask the judge
[10:41.000 --> 10:47.000]  Hey we got a judgment on this here a month or so ago or two or three five months ago
[10:47.000 --> 10:51.000]  Can you reissue that writ? Sure here's your alias writ
[10:51.000 --> 10:55.000]  But I don't find anything in the rules that allow it
[10:55.000 --> 11:04.000]  Before the changes you're saying there was nothing in the rules that allowed it?
[11:04.000 --> 11:05.000]  Correct
[11:05.000 --> 11:08.000]  And there still is nothing in the rules that allow it?
[11:08.000 --> 11:09.000]  Correct
[11:09.000 --> 11:12.000]  Oh wonderful then it's a bogus writ
[11:12.000 --> 11:16.000]  Thank you that's the opinion that I came to
[11:16.000 --> 11:24.000]  In other words at least here under the new rules in the state of Texas effective August 31st
[11:24.000 --> 11:30.000]  The way I interpret this is that if a party who has issued a writ of possession
[11:30.000 --> 11:37.000]  Fails to deliver or fails to execute the writ of possession
[11:37.000 --> 11:44.000]  Within that 90 day period as outlined in 510.8 D as in David
[11:44.000 --> 11:48.000]  The number two in the Texas Rules of Civil Procedure
[11:48.000 --> 11:51.000]  If they fail to execute it within that 90 day period
[11:51.000 --> 11:55.000]  They've got to take you back through another forcible detainer to get a new writ
[11:55.000 --> 11:57.000]  That's the way I interpret this
[11:57.000 --> 12:00.000]  So we're talking about starting all over from scratch?
[12:00.000 --> 12:02.000]  From scratch yes absolutely
[12:02.000 --> 12:05.000]  Would now we have res judicata come into play?
[12:05.000 --> 12:12.000]  I don't know about res judicata but I would think collateral estoppel
[12:12.000 --> 12:16.000]  From after 90 days I would think that they would be collaterally estopped
[12:16.000 --> 12:21.000]  Because there's nothing in the rules that allows them to move forward on a writ past 90 days
[12:21.000 --> 12:24.000]  Okay not collateral estoppel
[12:24.000 --> 12:28.000]  It would essentially be acting without subject matter jurisdiction
[12:28.000 --> 12:30.000]  They have no authority at all
[12:30.000 --> 12:32.000]  Is that not collateral estoppel?
[12:32.000 --> 12:33.000]  No
[12:33.000 --> 12:34.000]  Oh
[12:34.000 --> 12:38.000]  Collateral estoppel is when you come into the court and make a claim
[12:38.000 --> 12:46.000]  You have someone in California who had a Deutsche Bank note
[12:46.000 --> 12:51.000]  And Wells Fargo sued Deutsche Bank over a group of notes
[12:51.000 --> 12:56.000]  And Deutsche Bank went into the court and said we don't have anything to do with these notes
[12:56.000 --> 12:58.000]  Hers was one of those
[12:58.000 --> 13:01.000]  So that causes collateral estoppel
[13:01.000 --> 13:07.000]  Once someone has taken a position in a court, any court
[13:07.000 --> 13:12.000]  And not thereafter come in and take a diametrically opposed position in another court
[13:12.000 --> 13:14.000]  They're collateral estoppel
[13:14.000 --> 13:15.000]  Gotcha
[13:15.000 --> 13:18.000]  This would essentially be statutory estoppel
[13:18.000 --> 13:19.000]  Okay
[13:19.000 --> 13:26.000]  Or more lack of subject matter jurisdiction or lack of any authority
[13:26.000 --> 13:34.000]  The sheriff who would come out to do the eviction would lack subject matter jurisdiction
[13:34.000 --> 13:38.000]  I'm saying that wrong
[13:38.000 --> 13:39.000]  It's not subject matter jurisdiction
[13:39.000 --> 13:41.000]  Would lack authority
[13:41.000 --> 13:44.000]  There is no authority here to move ahead
[13:44.000 --> 13:54.000]  And just because a JP in an ex parte hearing issues some document that goes to 39.03
[13:54.000 --> 14:02.000]  If a public official exerts or purports to exert an authority they do not expressly have
[14:02.000 --> 14:05.000]  In the process denies the citizen full free access to a drug right
[14:05.000 --> 14:07.000]  That's classic misdemeanor
[14:07.000 --> 14:08.000]  Yep
[14:08.000 --> 14:14.000]  So this is a pretend order
[14:14.000 --> 14:17.000]  It would seem to be, yes
[14:17.000 --> 14:25.000]  In order to produce the order in the first place there was a requirement for notice and a hearing
[14:25.000 --> 14:26.000]  I would agree
[14:26.000 --> 14:35.000]  It would seem that that requirement for notice and hearing would apply to any subsequent hearing on the same subject
[14:35.000 --> 14:36.000]  Agreed
[14:36.000 --> 14:45.000]  So the ex parte hearing, this is the way we did it in the family court where a motion was filed
[14:45.000 --> 14:54.000]  And the statute, the procedure called for notice to the other parties and at least three days notice
[14:54.000 --> 14:57.000]  An unlawful detainer calls for seven
[14:57.000 --> 15:06.000]  So one party sends a notice motion for a hearing to the court
[15:06.000 --> 15:10.000]  He's required to notice the other party and doesn't
[15:10.000 --> 15:14.000]  The court holds a hearing ex parte without the other party there
[15:14.000 --> 15:19.000]  And they issue a ruling that affects the rights of an individual
[15:19.000 --> 15:26.000]  That, on the part of the filing party, that's solicitation 1503, penal code
[15:26.000 --> 15:34.000]  On the part of both parties, the judge and the lawyer, that's criminal conspiracy 1502
[15:34.000 --> 15:39.000]  The issuance of the document is, tell me that one Steve
[15:39.000 --> 15:41.000]  I'm sorry, say it again
[15:41.000 --> 15:46.000]  The issuance of this document by the judge at this bogus hearing
[15:46.000 --> 15:51.000]  Oh, the, that would have been March 11th
[15:51.000 --> 15:54.000]  No, what was it? I'm kind of being cryptic
[15:54.000 --> 15:58.000]  Securing and executing a document by deception
[15:58.000 --> 16:00.000]  What rule is that, Randy?
[16:00.000 --> 16:08.000]  Securing and executing a document by deception I think is 3246, penal code
[16:08.000 --> 16:10.000]  32.46?
[16:10.000 --> 16:12.000]  Yes
[16:12.000 --> 16:18.000]  And in filing the document, there were statements put on the document that were untrue
[16:18.000 --> 16:23.000]  In that statement that the judge had the authority to issue the document
[16:23.000 --> 16:27.000]  And then it was filed in the record
[16:27.000 --> 16:30.000]  Aggravated perjury, tampering with the government document
[16:30.000 --> 16:37.000]  Then, if the sheriff comes out and subsequently, forcibly evicts
[16:37.000 --> 16:46.000]  The sheriff, these deputies, will have had strapped to their hips a loaded pistol
[16:46.000 --> 16:48.000]  Yes
[16:48.000 --> 16:50.000]  You're the music in the background, guys
[16:50.000 --> 16:52.000]  Yeah, we're fixing to go to break
[16:52.000 --> 16:57.000]  Folks, 512-646-1984 is the number to dial if you'd like to join us in conversation
[16:57.000 --> 17:00.000]  And we'll be right back after this break
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[19:00.000 --> 19:05.000]  You are listening to the Logos Radio Network
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[19:30.000 --> 19:48.000]  Welcome back to Rule of Law Radio, folks
[19:48.000 --> 19:57.000]  Before we went out on the break, we were talking about what changes are taking place here in the state of Texas
[19:57.000 --> 20:04.000]  In regards to the rules of civil procedure that govern evictions, writs of possession
[20:04.000 --> 20:11.000]  And these rules, some of these rules have changed for the better, some of these rules have changed for the worse
[20:11.000 --> 20:17.000]  For example, a writ of certiorari is no longer available in the state of Texas in eviction action
[20:17.000 --> 20:26.000]  I don't want to go down that road, but I find it very interesting that there's a 90-day shelf life on a writ of possession after the issuance
[20:26.000 --> 20:36.000]  But these things are being habitually executed well outside the 90-day period
[20:36.000 --> 20:44.000]  And Randy, you were talking about 32.46 of the Texas Penal Code
[20:44.000 --> 20:52.000]  And I wouldn't want to go after this judge, she's a decent judge, she's a little scatterbrained, she's a nice woman
[20:52.000 --> 20:56.000]  But it does, you know, that did cross my mind
[20:56.000 --> 21:02.000]  If she allowed an ex parte hearing and there's nothing that calls for an ex parte hearing
[21:02.000 --> 21:10.000]  And in this ex parte hearing she issued a writ that she had no authority to issue or reissued a writ
[21:10.000 --> 21:20.000]  That is, that process being opposed to the new rules, somebody might aren't likely want to tell her
[21:20.000 --> 21:26.000]  Let me make a suggestion, and this is, we did this in this family court
[21:26.000 --> 21:32.000]  We had the judge and the lawyer on the other side really screwing this woman around
[21:32.000 --> 21:42.000]  And they filed this issue, this motion to revoke her probation and issue a warrant
[21:42.000 --> 21:46.000]  And then they issued it, the same day the judge received it he issued
[21:46.000 --> 21:51.000]  So it was impossible for them to give the three-day notice and she didn't have a lawyer in the statute
[21:51.000 --> 21:55.000]  Said if she didn't have counsel they had to appoint counsel
[21:55.000 --> 22:04.000]  So we walked down the code in a motion to disqualify, I'm sorry, in a challenge to the subject matter jurisdiction of the court
[22:04.000 --> 22:10.000]  And we maintained that by the commission of all of these acts
[22:10.000 --> 22:20.000]  The court gave up subject matter jurisdiction and by the acts vacated the office
[22:20.000 --> 22:24.000]  And therefore all acts were void of an issue
[22:24.000 --> 22:32.000]  So we didn't actually file the complaints, but we made the accusations in the document
[22:32.000 --> 22:37.000]  And it really, really got this judge's attention
[22:37.000 --> 22:42.000]  His whole attitude changed really fast
[22:42.000 --> 22:49.000]  We don't have to file, and this is a, if you don't want to file against this judge
[22:49.000 --> 22:54.000]  You're still the master and she's still the servant
[22:54.000 --> 23:01.000]  And just like your grandkids, you may not want to get her thrown out of office
[23:01.000 --> 23:09.000]  But you'd certainly be appropriate to get her attention in a way that'll give her fair warning
[23:09.000 --> 23:15.000]  If she ignores that, then the next one should go to the grand jury
[23:15.000 --> 23:21.000]  But even if you file that with the grand jury, the grand jury almost certainly would never indict
[23:21.000 --> 23:28.000]  But just the making of criminal complaints really gets their attention
[23:28.000 --> 23:33.000]  So I'd suggest you do that, do a challenge subject matter jurisdiction
[23:33.000 --> 23:41.000]  Claiming that the judge vacated the office by committing criminal acts from the bench
[23:41.000 --> 23:44.000]  That will certainly get her attention
[23:44.000 --> 23:48.000]  Oh yes
[23:48.000 --> 23:51.000]  Anyway, I thought I might shift that
[23:51.000 --> 24:00.000]  That's great because if they come and evict on this, what did you call it?
[24:00.000 --> 24:05.000]  An alias writ
[24:05.000 --> 24:06.000]  Alias writ is
[24:06.000 --> 24:09.000]  That's a perfect name, it's pretending to be a writ
[24:09.000 --> 24:12.000]  Yes, yes
[24:12.000 --> 24:13.000]  That's perfect
[24:13.000 --> 24:14.000]  Isn't it?
[24:14.000 --> 24:15.000]  If they evict
[24:15.000 --> 24:24.000]  There is a definition for alias writ and that being the second writ issued upon the first when the first is found ineffective
[24:24.000 --> 24:28.000]  There's a definition, but it doesn't call for it in the rules
[24:28.000 --> 24:31.000]  Okay, that's a definition, but there's not
[24:31.000 --> 24:39.000]  In this particular case, there is no judicial authorization to issue the alias writ
[24:39.000 --> 24:44.000]  I couldn't find anything in the rules that gave authorization to issue the alias writ
[24:44.000 --> 24:48.000]  That's a great claim to make
[24:48.000 --> 24:51.000]  And here's one way to make the claim
[24:51.000 --> 24:58.000]  If you're in the property and you're aware of the law affecting the property
[24:58.000 --> 25:06.000]  And the enforceable detainer order is issued
[25:06.000 --> 25:11.000]  And it's not executed within 90 days and you're in the property
[25:11.000 --> 25:20.000]  You have reason to believe that you don't have to be ready to move out tomorrow or the next day
[25:20.000 --> 25:26.000]  So you're waiting for another hearing on enforceable detainer and then they come and throw you out
[25:26.000 --> 25:28.000]  Here comes the sheriff, yeah
[25:28.000 --> 25:37.000]  And you claim that when the sheriff stepped in the door while prominently displaying this deadly weapon
[25:37.000 --> 25:47.000]  He lacked jurisdiction because the order that he was acting under was void
[25:47.000 --> 25:51.000]  And the alias issued was fraudulent
[25:51.000 --> 26:00.000]  And therefore, the sheriff did not commit first degree felony aggravated assault
[26:00.000 --> 26:07.000]  The JP committed first degree felony aggravated assault using as the deadly weapon
[26:07.000 --> 26:09.000]  Using the sheriff as a deadly weapon?
[26:09.000 --> 26:11.000]  Exactly
[26:11.000 --> 26:19.000]  The sheriff acted in good faith reliance on a facially valid order
[26:19.000 --> 26:23.000]  He had no way of knowing that the order wasn't valid
[26:23.000 --> 26:30.000]  On his face, it had the appearance of being valid so he can claim good faith reliance on competent authority
[26:30.000 --> 26:32.000]  He committed no crime
[26:32.000 --> 26:38.000]  Did the judge give plenary jurisdiction to give the order?
[26:38.000 --> 26:40.000]  No, that's the whole point
[26:40.000 --> 26:52.000]  The original, no, because in this case there was an issue of statute limitations that would have barred the filing of the suit at the onset
[26:52.000 --> 26:58.000]  But that's a different issue in regard to the alias writ
[26:58.000 --> 27:09.000]  No, for the purpose of this issue, the JP could have jurisdiction to issue the original unlawful detainer order
[27:09.000 --> 27:16.000]  But once the 90 days ran, plenary jurisdiction only runs 30 days anyway
[27:16.000 --> 27:29.000]  Once the 90 days ran and the writ became null, unless there's some statutory provision authorizing the judge to issue another writ
[27:29.000 --> 27:38.000]  The judge can't just come and capriciously and arbitrarily issue an alias pretend writ
[27:38.000 --> 27:42.000]  Unless there's something saying that he can't
[27:42.000 --> 27:44.000]  That's exactly my standpoint
[27:44.000 --> 27:46.000]  I was going to go to Napoleonic law
[27:46.000 --> 27:55.000]  Napoleonic law states that something that is not expressly consented is implied to be denied
[27:55.000 --> 28:09.000]  So in this not being the case, I would think that if the alias writ were available, then it would be in the rules
[28:09.000 --> 28:15.000]  The Supreme would have stipulated that in the rules
[28:15.000 --> 28:25.000]  Wait a minute, hold on, this was a rule change and not a statutory change? Is this a criminal procedure change?
[28:25.000 --> 28:29.000]  No, it was rules of civil procedure
[28:29.000 --> 28:40.000]  The Supreme Court did that and had they intended this other option to be available, they would have specifically made it available
[28:40.000 --> 28:44.000]  I don't know if they can
[28:44.000 --> 28:47.000]  It's a big easy button
[28:47.000 --> 28:50.000]  It's a big easy button
[28:50.000 --> 28:54.000]  That's what this judge did
[28:54.000 --> 29:04.000]  I don't know if they can reauthorize the JP to issue an alias warrant even if they wanted to
[29:04.000 --> 29:06.000]  Yeah, there's nothing in the rules that allows it
[29:06.000 --> 29:11.000]  Well, that's a separate statutory procedure
[29:11.000 --> 29:18.000]  Issuing an unlawful detainer is a statutory procedure
[29:18.000 --> 29:23.000]  And the rules can't add to the statutory procedure
[29:23.000 --> 29:29.000]  They can only specify how the statute is enforced
[29:29.000 --> 29:38.000]  And if there's nothing in the statute saying that a new writ could be issued, I don't think the court could authorize it
[29:38.000 --> 29:46.000]  They'd have to go to the legislature and get the legislature to put that verbiage in there
[29:46.000 --> 29:49.000]  That's my story and I'm sticking to it
[29:49.000 --> 29:54.000]  We've got 10 seconds, 512-646-1984 is the number to dial
[29:54.000 --> 30:00.000]  And John and Austin, we'll see you there, we'll get to you when we come back from the break
[30:00.000 --> 30:04.000]  Ditch those greasy burgers and gooey donuts
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[33:11.000 --> 33:25.000]  Yeah, I got a warrant and I gonna solve them to the government them, prosecute them
[33:25.000 --> 33:29.000]  Okay.
[33:29.000 --> 33:46.000]  Welcome back to Rule of Law. Randy, did I step on your toes? I heard you taking a breath back there.
[33:46.000 --> 33:47.000]  No, you didn't.
[33:47.000 --> 33:50.000]  Okay, well welcome back to Rule of Law Radio, folks.
[33:50.000 --> 34:00.000]  512-646-1984 is the number that you can dial to join us in conversation, ask questions, tell us we're ugly, stupid, whatever brilliant geniuses.
[34:00.000 --> 34:09.000]  I like that better. And John and Austin, we see you there. We'll be at you here in just a minute.
[34:09.000 --> 34:13.000]  But I did want to kick this dead horse a few more times.
[34:13.000 --> 34:21.000]  We were talking about this over the break, and Randy, pick up here where...
[34:21.000 --> 34:22.000]  Yes.
[34:22.000 --> 34:25.000]  Bring us back into this conversation.
[34:25.000 --> 34:33.000]  I have a concern. You're saying that they were two years out of time when they filed.
[34:33.000 --> 34:35.000]  At the onset of suit, yes.
[34:35.000 --> 34:39.000]  Yeah, and you were a day late filing an appeal.
[34:39.000 --> 34:40.000]  Correct.
[34:40.000 --> 34:50.000]  And you're talking about time to do something. And I'm thinking, wait a minute, if they were two years out of time...
[34:50.000 --> 34:54.000]  That would take precedence over my day late filing an appeal.
[34:54.000 --> 35:04.000]  No, different thing. They lacked standing and capacity to invoke the subject matter jurisdiction of the court.
[35:04.000 --> 35:05.000]  I agree.
[35:05.000 --> 35:13.000]  And that does not go to any time limits. You can be wherever you want to as concerns the appeal.
[35:13.000 --> 35:16.000]  This is subject matter jurisdiction.
[35:16.000 --> 35:17.000]  Works well.
[35:17.000 --> 35:26.000]  I would suggest you go to this county judge and say, you have no jurisdiction to hear anything,
[35:26.000 --> 35:33.000]  because the plaintiff lacked standing and capacity to invoke your jurisdiction.
[35:33.000 --> 35:41.000]  Now, Herb is very familiar with that argument because we sued him personally over a credit card issue
[35:41.000 --> 35:45.000]  where the plaintiff lacked subject matter jurisdiction.
[35:45.000 --> 35:53.000]  He came into court and the client told him, well, Your Honor, you can't be here. We sued you.
[35:53.000 --> 35:56.000]  Why? Why? And he got the suit out and read it.
[35:56.000 --> 36:05.000]  Well, you can't say it's not my place to determine jurisdiction. You have to do that. And the client took instruction well.
[36:05.000 --> 36:12.000]  He said, Your Honor, before you issue that subpoena ordering me to come to your court
[36:12.000 --> 36:17.000]  and threatening me with all the things you're going to do to me if I don't come to your court,
[36:17.000 --> 36:20.000]  you need to make sure you have the authority to do that.
[36:20.000 --> 36:26.000]  And Herb, oh my, oh my. I can see Herb doing that too.
[36:26.000 --> 36:32.000]  And he got the county attorney to answer the suit.
[36:32.000 --> 36:36.000]  So we sued the county attorney for misappropriation of public funds.
[36:36.000 --> 36:41.000]  Herb will not, I doubt that he's forgotten that one.
[36:41.000 --> 36:48.000]  I suggest you convert your pleading to a challenge to subject matter jurisdiction.
[36:48.000 --> 36:50.000]  Pleaded jurisdiction, yeah.
[36:50.000 --> 36:54.000]  Say this court never had a jurisdiction to hear anything.
[36:54.000 --> 37:00.000]  Well, that's exactly where I'm going in the pleadings, though the pleadings are not titled as such.
[37:00.000 --> 37:05.000]  Okay, hold on, hold on. If the pleadings are motions, they're not pleadings.
[37:05.000 --> 37:09.000]  Okay, yeah, yeah, yeah, I'm sorry. I'll just use that as a generic term.
[37:09.000 --> 37:11.000]  Yeah, but this is.
[37:11.000 --> 37:15.000]  One is a petition, one is a petition, one is a motion.
[37:15.000 --> 37:19.000]  And one is a pleading. There are three pleadings.
[37:19.000 --> 37:24.000]  Double jeopardy, challenge subject matter jurisdiction, and I forget what the other one is.
[37:24.000 --> 37:27.000]  I think it's wrong being your wrong part.
[37:27.000 --> 37:28.000]  Okay.
[37:28.000 --> 37:31.000]  Those are pleadings. Everything else is motions.
[37:31.000 --> 37:34.000]  Subject matter jurisdiction is a plea.
[37:34.000 --> 37:41.000]  And the point of this is it goes to never stipulate to anything.
[37:41.000 --> 37:49.000]  By filing a motion, you ask the court to exercise its discretion.
[37:49.000 --> 37:53.000]  And that stipulates to jurisdiction.
[37:53.000 --> 37:59.000]  Even if in the motion, you claim these parties didn't have authority.
[37:59.000 --> 38:02.000]  You have filed a responsive motion.
[38:02.000 --> 38:07.000]  You file a challenge to subject matter jurisdiction and the court can't go anywhere
[38:07.000 --> 38:11.000]  until they've proved up subject matter jurisdiction.
[38:11.000 --> 38:22.000]  And that puts the pleading, the plaintiff on the dime to prove up subject matter jurisdiction or the court is at risk.
[38:22.000 --> 38:27.000]  The only time you can sue a judge is when he doesn't have subject matter jurisdiction.
[38:27.000 --> 38:32.000]  So we give the judge a really good reason to pay attention to this.
[38:32.000 --> 38:35.000]  That's my story and I'm sticking to it.
[38:35.000 --> 38:43.000]  I've questioned the jurisdiction of the court at the onset of this due to the untimely filing of it from the onset.
[38:43.000 --> 38:47.000]  Did you file a specific challenge to subject matter jurisdiction?
[38:47.000 --> 38:49.000]  No.
[38:49.000 --> 38:51.000]  Do that now.
[38:51.000 --> 38:52.000]  Do that now.
[38:52.000 --> 38:59.000]  Make sure it's clear in the court record that because the pleading was out of time,
[38:59.000 --> 39:06.000]  the pleading is insufficient on its face to invoke the subject matter jurisdiction of the court.
[39:06.000 --> 39:07.000]  Okay.
[39:07.000 --> 39:09.000]  Now they have to address that issue.
[39:09.000 --> 39:13.000]  It sounds like they just walked right on past it.
[39:13.000 --> 39:14.000]  Oh, yeah.
[39:14.000 --> 39:15.000]  A commonplace.
[39:15.000 --> 39:16.000]  Yeah.
[39:16.000 --> 39:20.000]  I just did that in Rideau's court, in JP, in Dallas.
[39:20.000 --> 39:27.000]  And the party on the other side, I was sued to this one, non-suited me.
[39:27.000 --> 39:28.000]  Oh.
[39:28.000 --> 39:30.000]  And I said, I object, Your Honor.
[39:30.000 --> 39:32.000]  You object to you being non-suited?
[39:32.000 --> 39:34.000]  Yes, I do.
[39:34.000 --> 39:38.000]  There is a challenge to subject matter jurisdiction before this court.
[39:38.000 --> 39:44.000]  You can't get to that pleading until the subject matter jurisdiction is proven.
[39:44.000 --> 39:46.000]  Uh-huh.
[39:46.000 --> 39:53.000]  Well, Mr. Kelton, I'm going to grant the motion to non-suit.
[39:53.000 --> 39:54.000]  I've got my objection.
[39:54.000 --> 39:56.000]  And now I'm going to charge the judge.
[39:56.000 --> 40:00.000]  We're waiting for this lawyer to evict.
[40:00.000 --> 40:01.000]  They haven't done it yet.
[40:01.000 --> 40:04.000]  They probably see what's down the road.
[40:04.000 --> 40:06.000]  They see what's down the road.
[40:06.000 --> 40:14.000]  We're going to file criminally against the judge, first degree felony aggravated assault,
[40:14.000 --> 40:16.000]  when he has the person evicted.
[40:16.000 --> 40:19.000]  So you want to play hardball, guys?
[40:19.000 --> 40:22.000]  We'll introduce you to the deep end of the pool.
[40:22.000 --> 40:26.000]  Oh, and you think the district attorney is not going to take the complaints?
[40:26.000 --> 40:27.000]  Well, you're right.
[40:27.000 --> 40:29.000]  He didn't.
[40:29.000 --> 40:35.000]  So now I'll go back with criminal charges against the district attorney
[40:35.000 --> 40:42.000]  for failing to perform his duty under Article.03 and see how that works out for you, Mr. JP.
[40:42.000 --> 40:46.000]  And when I walk, when I go, and I'll do that before the attorney general.
[40:46.000 --> 40:50.000]  And when he refuses to act, then I'll go to the chief justice of the supreme
[40:50.000 --> 40:52.000]  and his capacity as a magistrate.
[40:52.000 --> 40:56.000]  When he refuses to act, then I'll come back to the Terrant,
[40:56.000 --> 41:02.000]  to the Travis County grand jury with criminal charges against the chief justice
[41:02.000 --> 41:07.000]  for not arresting the attorney general, for not arresting the district attorney,
[41:07.000 --> 41:10.000]  for not arresting this Trump JP.
[41:10.000 --> 41:17.000]  And who do you think is going to throw under the bus?
[41:17.000 --> 41:19.000]  That's what the JP has to consider.
[41:19.000 --> 41:21.000]  Yeah.
[41:21.000 --> 41:30.000]  Those two never ask a public official to do anything you actually want them to do.
[41:30.000 --> 41:35.000]  So this is what we have working in Dallas right now.
[41:35.000 --> 41:40.000]  And I have a whole set of complaints we'll be filing in Fort Worth as well.
[41:40.000 --> 41:44.000]  And what this is going to do is lead us back to Travis County.
[41:44.000 --> 41:46.000]  We filed the complaints in Travis County,
[41:46.000 --> 41:54.000]  and then we petitioned a Travis County district court to issue a court of inquiry
[41:54.000 --> 42:00.000]  on Dallas County and Terrant County.
[42:00.000 --> 42:06.000]  Now, if I asked the district judge to issue a court of inquiry for Travis County,
[42:06.000 --> 42:11.000]  now he's going after people he knows and works with every day.
[42:11.000 --> 42:17.000]  But since the attorney general and the chief justice is in Travis County,
[42:17.000 --> 42:22.000]  now Travis County has the original jurisdiction.
[42:22.000 --> 42:26.000]  Now, maybe one thing for me to file with a district attorney in Dallas
[42:26.000 --> 42:31.000]  against a Dallas public official, if it's a whole other animal,
[42:31.000 --> 42:39.000]  when I'm half a state away, filing with another county district attorney.
[42:39.000 --> 42:40.000]  Yeah.
[42:40.000 --> 42:43.000]  Everything's political.
[42:43.000 --> 42:44.000]  Okay.
[42:44.000 --> 42:48.000]  That's my story, and I'm sticking to it.
[42:48.000 --> 42:51.000]  Do you have something else you want to go to?
[42:51.000 --> 42:53.000]  No, I'm good, Joe.
[42:53.000 --> 42:55.000]  Actually, you know, I'm checking the board,
[42:55.000 --> 42:58.000]  and why don't we take Danny from Tennessee since he's got an issue
[42:58.000 --> 43:02.000]  that's relevant to what we're talking about tonight.
[43:02.000 --> 43:04.000]  Okay, Danny.
[43:04.000 --> 43:05.000]  Hey, how you doing?
[43:05.000 --> 43:06.000]  Hello, Danny.
[43:06.000 --> 43:09.000]  What do you have for us tonight?
[43:09.000 --> 43:11.000]  Okay, well, I got a question.
[43:11.000 --> 43:17.000]  I know the other night you mentioned about the duties of officials,
[43:17.000 --> 43:20.000]  and that's what you were just now talking about, it seems.
[43:20.000 --> 43:28.000]  And the duty, like of a judge, you bring up for a temporary restraining order
[43:28.000 --> 43:35.000]  or injunction, and he does meet to issue the temporary restraining order
[43:35.000 --> 43:39.000]  or schedule a hearing on a temporary injunction until...
[43:39.000 --> 43:40.000]  Hold on, Danny.
[43:40.000 --> 43:44.000]  I'm afraid your time is up.
[43:44.000 --> 43:47.000]  The music started.
[43:47.000 --> 43:49.000]  Okay, I'm just being annoying.
[43:49.000 --> 43:50.000]  Hang on.
[43:50.000 --> 43:52.000]  We will pick you back up on the other side.
[43:52.000 --> 43:56.000]  This is Randy Kelton, Steve Skidmore, Joe Escobel.
[43:56.000 --> 44:02.000]  We'll be right back.
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[46:02.000 --> 46:29.000]  Okay, we are back.
[46:29.000 --> 46:32.000]  Randy Kelton, Steve Skidmore, Joe Esquivel,
[46:32.000 --> 46:35.000]  and we're talking to Danny in Texas.
[46:35.000 --> 46:39.000]  Okay, Danny, we can interrupt you to see that going out.
[46:39.000 --> 46:46.000]  Okay, well, the question is like put in for a TRO or temporary injunction
[46:46.000 --> 46:54.000]  and doesn't meet to issue the TRO or have a hearing for the temporary injunction
[46:54.000 --> 46:58.000]  until a week past the harm is done and it's moot at that point.
[46:58.000 --> 46:59.000]  Yes.
[46:59.000 --> 47:03.000]  Normally when you file a petition for a temporary training order,
[47:03.000 --> 47:07.000]  that's an emergency petition and it's heard immediately.
[47:07.000 --> 47:08.000]  Right.
[47:08.000 --> 47:11.000]  The clerk will give it to the judge and the judge will hear it.
[47:11.000 --> 47:16.000]  If I'm filing a TRO, I'm going to give it to the clerk and ask the clerk,
[47:16.000 --> 47:19.000]  are you going to take this and hand it to the judge
[47:19.000 --> 47:24.000]  or do I need to take it and hand it to the judge?
[47:24.000 --> 47:28.000]  That lets the clerk know that we're not going to do any song and dance
[47:28.000 --> 47:31.000]  and stuff so down your pants because if she says,
[47:31.000 --> 47:36.000]  well, the judge is busy right now, find me one that's not.
[47:36.000 --> 47:42.000]  If you're in a case where there's more than one or tell the clerk
[47:42.000 --> 47:47.000]  that you'll go sit in the court and wait until it's done
[47:47.000 --> 47:52.000]  because TROs and emergency filings like that
[47:52.000 --> 47:58.000]  stand in front of everything except the habeas corpus.
[47:58.000 --> 48:01.000]  So if you file a TRO and they don't hear it right away,
[48:01.000 --> 48:04.000]  then you file a complaint against the judge.
[48:04.000 --> 48:05.000]  Okay.
[48:05.000 --> 48:10.000]  But let me explain the difference between you said temporary injunction.
[48:10.000 --> 48:14.000]  There's TRO and injunction.
[48:14.000 --> 48:24.000]  A TRO is a temporary restraining order until you can have at least 15 days
[48:24.000 --> 48:32.000]  to give notice to the other party of a so-called hearing for a preliminary injunction.
[48:32.000 --> 48:37.000]  So you're asking the court to temporarily issue the injunction
[48:37.000 --> 48:43.000]  until you can have time to have a hearing to make the injunction permanent.
[48:43.000 --> 48:52.000]  And it only applies if you have less than 15 days before some thing is going to happen.
[48:52.000 --> 48:54.000]  Does that make sense?
[48:54.000 --> 48:55.000]  Yeah.
[48:55.000 --> 48:57.000]  Well, that's pretty much what I understood.
[48:57.000 --> 49:02.000]  I was talking about the judge's duty for failing to do the TRO
[49:02.000 --> 49:09.000]  or have a hearing before the harm is done because, you know,
[49:09.000 --> 49:13.000]  they can get a hearing together in three days and...
[49:13.000 --> 49:14.000]  No, no, no, no.
[49:14.000 --> 49:16.000]  You know, that's not what the TRO is.
[49:16.000 --> 49:19.000]  The TRO is an ex parte hearing.
[49:19.000 --> 49:20.000]  Well, I know the TRO.
[49:20.000 --> 49:26.000]  But I'm talking about if you could put together a hearing on the temporary injunction
[49:26.000 --> 49:30.000]  before the harm is done, the next, that would still do too because the TRO...
[49:30.000 --> 49:31.000]  No, no.
[49:31.000 --> 49:32.000]  No, wait.
[49:32.000 --> 49:33.000]  You're missing something.
[49:33.000 --> 49:40.000]  You're juxtaposing temporary with preliminary.
[49:40.000 --> 49:41.000]  Okay.
[49:41.000 --> 49:46.000]  The hearing with both parties is not a TRO.
[49:46.000 --> 49:49.000]  That's a preliminary injunction hearing.
[49:49.000 --> 49:56.000]  The only reason for a TRO is you don't have the statutory time to give the other party
[49:56.000 --> 50:00.000]  the required notice, which is generally 15 days.
[50:00.000 --> 50:08.000]  So you ask the judge to temporarily grant this injunction until we can have a hearing
[50:08.000 --> 50:09.000]  with both parties there.
[50:09.000 --> 50:17.000]  If they're going to evict in five days and I have to give the other party 15 days notice
[50:17.000 --> 50:26.000]  for a preliminary injunction hearing, then I ask the court to grant a temporary stay
[50:26.000 --> 50:34.000]  in order to keep from making my motion for an injunction moot.
[50:34.000 --> 50:37.000]  Right.
[50:37.000 --> 50:38.000]  Great.
[50:38.000 --> 50:39.000]  Well...
[50:39.000 --> 50:40.000]  I'll shut up now.
[50:40.000 --> 50:42.000]  That's what I understood.
[50:42.000 --> 50:52.000]  Unless somehow a hearing for the injunction can be done before the harm is done anyway.
[50:52.000 --> 50:56.000]  Well, you would have...
[50:56.000 --> 50:57.000]  Go ahead, Randy.
[50:57.000 --> 51:01.000]  You'd have to get agreement from the other party to waive the notice requirement.
[51:01.000 --> 51:04.000]  Well, yeah, if they agree to it.
[51:04.000 --> 51:10.000]  I don't know about in Tennessee, but here in Texas there are some requirements for a
[51:10.000 --> 51:11.000]  TRO.
[51:11.000 --> 51:13.000]  You've got to show several things.
[51:13.000 --> 51:22.000]  One is that you stand to lose...there's a chance of an imminent harm or loss and that
[51:22.000 --> 51:27.000]  the loss must be incalculable.
[51:27.000 --> 51:30.000]  Sorry, that's a tongue twister for me.
[51:30.000 --> 51:31.000]  What would...
[51:31.000 --> 51:32.000]  Okay.
[51:32.000 --> 51:34.000]  This all goes to the language.
[51:34.000 --> 51:37.000]  Be careful what language you use.
[51:37.000 --> 51:41.000]  If you go in and you say, well, Your Honor, they're going to take my house.
[51:41.000 --> 51:42.000]  They did.
[51:42.000 --> 51:43.000]  House.
[51:43.000 --> 51:45.000]  House is a structure.
[51:45.000 --> 51:46.000]  Okay.
[51:46.000 --> 51:47.000]  You can put a value on how...
[51:47.000 --> 51:49.000]  Well, what's your house worth, sir?
[51:49.000 --> 51:50.000]  $110,000.
[51:50.000 --> 51:51.000]  There you go.
[51:51.000 --> 51:53.000]  You just gave an amount.
[51:53.000 --> 51:56.000]  So it can be calculated.
[51:56.000 --> 52:01.000]  But I'm going to lose my home.
[52:01.000 --> 52:07.000]  Real property is defined as unique.
[52:07.000 --> 52:11.000]  It is something unique, cannot be calculated.
[52:11.000 --> 52:14.000]  This is a place where you have made friends with neighbors.
[52:14.000 --> 52:17.000]  You have established a relationship in a community.
[52:17.000 --> 52:19.000]  You have made memories.
[52:19.000 --> 52:21.000]  You've buried cats and dogs in the backyard.
[52:21.000 --> 52:25.000]  Your kid fell off the swing and knocked out his first tooth.
[52:25.000 --> 52:31.000]  These are things that cannot be...you cannot put a monetary value on these things.
[52:31.000 --> 52:33.000]  That's what you would stand to lose.
[52:33.000 --> 52:37.000]  That's what I would tell the judge, I'm going to lose.
[52:37.000 --> 52:46.000]  Okay, well, that part I understand, but I mean like he doesn't deny the TRO,
[52:46.000 --> 52:52.000]  doesn't issue the TRO, doesn't have any hearing for the temporary injunction...
[52:52.000 --> 52:59.000]  Okay, if he does deny the TRO but doesn't hear the TRO, he denied the TRO.
[52:59.000 --> 53:00.000]  Yeah.
[53:00.000 --> 53:02.000]  By default.
[53:02.000 --> 53:06.000]  He denied it without a hearing and that's due process violation.
[53:06.000 --> 53:07.000]  Agreed, yes.
[53:07.000 --> 53:11.000]  Something not granted is denied.
[53:11.000 --> 53:14.000]  He denied it out of hand.
[53:14.000 --> 53:16.000]  Right.
[53:16.000 --> 53:18.000]  So that's an abuse of discretion.
[53:18.000 --> 53:22.000]  Okay, and another bit here too, when he did have the hearing,
[53:22.000 --> 53:26.000]  the hearing is supposed to be just for the temporary injunction,
[53:26.000 --> 53:31.000]  which was already moot, and so I pretty well figured that the attorney for other side
[53:31.000 --> 53:34.000]  would show up and argue for the whole thing to be dismissed
[53:34.000 --> 53:41.000]  because the main point was to set aside the lower court's judgment.
[53:41.000 --> 53:44.000]  So that part was still good.
[53:44.000 --> 53:50.000]  But to avoid everything, I put in a notice withdrawal of the motion
[53:50.000 --> 53:53.000]  because it was moot at the time.
[53:53.000 --> 53:59.000]  And then I called up there the next day, which was, I think,
[53:59.000 --> 54:05.000]  it was set for the afternoon and called in the morning and talked with somebody
[54:05.000 --> 54:09.000]  back in the judge's office, not a regular clerk,
[54:09.000 --> 54:15.000]  and found out the hearing had been canceled.
[54:15.000 --> 54:17.000]  They said, yes, it had been canceled,
[54:17.000 --> 54:26.000]  and a dismissal with prejudice was being prepared.
[54:26.000 --> 54:27.000]  Oh.
[54:27.000 --> 54:29.000]  So I didn't have a cancellation in writing,
[54:29.000 --> 54:32.000]  so I got myself all together and I get down there.
[54:32.000 --> 54:34.000]  Hold on, hold on.
[54:34.000 --> 54:37.000]  What was being dismissed with prejudice?
[54:37.000 --> 54:39.000]  Your motion?
[54:39.000 --> 54:44.000]  No, the whole case.
[54:44.000 --> 54:47.000]  You had a suit in that was your suit?
[54:47.000 --> 54:49.000]  Right.
[54:49.000 --> 54:55.000]  Was there a petition for default judgment?
[54:55.000 --> 54:57.000]  No.
[54:57.000 --> 54:58.000]  No.
[54:58.000 --> 55:01.000]  So what was the court ruling on?
[55:01.000 --> 55:05.000]  Was this just a sui sponte dismissal?
[55:05.000 --> 55:07.000]  Well, pretty much that's what I would say.
[55:07.000 --> 55:09.000]  That's what I was saying.
[55:09.000 --> 55:14.000]  I withdrew the motion that was supposed to be what the hearing was for
[55:14.000 --> 55:16.000]  and this judgment.
[55:16.000 --> 55:18.000]  Okay, hold on, hold on.
[55:18.000 --> 55:24.000]  The hearing, if I understood this right, this hearing was for a restraining order.
[55:24.000 --> 55:26.000]  Right.
[55:26.000 --> 55:29.000]  And the court is issuing a dismissal with prejudice.
[55:29.000 --> 55:35.000]  Has there been a filing, a motion, asking the judge to dismiss with prejudice?
[55:35.000 --> 55:37.000]  No.
[55:37.000 --> 55:40.000]  You need to file, okay, you haven't received it yet.
[55:40.000 --> 55:45.000]  When you receive it, you need to file a petition for finding the fact
[55:45.000 --> 55:48.000]  and concluding as a law.
[55:48.000 --> 55:50.000]  Yeah, well, that's kind of what I was thinking of, yeah.
[55:50.000 --> 55:52.000]  Yeah.
[55:52.000 --> 56:01.000]  There seems like, you know, a judgment when there is nothing before the court.
[56:01.000 --> 56:09.000]  Did you file under the inability to pay or did you pay the filing fees?
[56:09.000 --> 56:11.000]  No, I paid the fee.
[56:11.000 --> 56:24.000]  Then the judge dismissing with prejudice without a petition would go to, would seriously go to abuse or discretion.
[56:24.000 --> 56:31.000]  Yeah, that's what I was thinking, something along those lines.
[56:31.000 --> 56:35.000]  Okay, you're in Tennessee, so I'm not sure what the law is in Tennessee.
[56:35.000 --> 56:44.000]  Have you looked up the rules of civil procedure in Tennessee and does the judge have an option
[56:44.000 --> 56:52.000]  to dismiss a case with prejudice if he feels that the case is without merit?
[56:52.000 --> 56:57.000]  Well, I haven't found that right there here.
[56:57.000 --> 57:02.000]  I've got a set of the rules, but haven't been looking for that just yet.
[57:02.000 --> 57:05.000]  I just kind of want to get, you know.
[57:05.000 --> 57:14.000]  You might do an Internet search for dismissal with, sui sponte dismissal with prejudice.
[57:14.000 --> 57:17.000]  I've got to ask you a question.
[57:17.000 --> 57:23.000]  In your TRO, I'm going to ask you to kind of look at this from a third party.
[57:23.000 --> 57:27.000]  Was your TRO meritorious?
[57:27.000 --> 57:29.000]  Wait, was it what?
[57:29.000 --> 57:33.000]  Was it meritorious?
[57:33.000 --> 57:35.000]  Well, I thought so.
[57:35.000 --> 57:37.000]  Okay, what makes you think so?
[57:37.000 --> 57:41.000]  I've done one down in Texas before, and, you know, years and years ago,
[57:41.000 --> 57:44.000]  and I pulled it up to kind of see what kind of things I brought up,
[57:44.000 --> 57:51.000]  and was trying to bring those up, that the harm was incalculable and, you know, imminent.
[57:51.000 --> 57:54.000]  And Dr. Walsh.
[57:54.000 --> 57:58.000]  Sounds to me like we've got a judge in Tennessee that just doesn't want to hear things
[57:58.000 --> 58:01.000]  that homeowners have to say.
[58:01.000 --> 58:04.000]  Yeah, that's kind of what I think.
[58:04.000 --> 58:06.000]  Sit down on him.
[58:06.000 --> 58:09.000]  If we can do that, you know, one related and one completely different,
[58:09.000 --> 58:12.000]  if we can do that afterwards here.
[58:12.000 --> 58:14.000]  Sure, sure, not a problem.
[58:14.000 --> 58:15.000]  Okay.
[58:15.000 --> 58:17.000]  I hear the music in the background,
[58:17.000 --> 58:23.000]  and folks, we'd like to invite you all to stop by Rule of Law Radio and Logos Radio,
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[58:38.000 --> 58:44.000]  512-646-1984 is the number dialed to join us in conversation.
[58:44.000 --> 58:50.000]  We'll be back with Danny in Tennessee and John in Austin right after this break, Steve.
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[01:00:03.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
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[01:00:10.000 --> 01:00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, April 11th, 2014.
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[01:01:07.000 --> 01:01:12.000]  In the news today, Health and Human Services Secretary Kathleen Sebelius is resigning.
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[01:02:51.000 --> 01:02:55.000]  This is the Liberty Beat for Friday, April 11, 2014.
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[01:03:01.000 --> 01:03:29.000]  It's all according to the will of the Almighty.
[01:03:29.000 --> 01:03:49.000]  Welcome back to Rule of Law, folks.
[01:03:49.000 --> 01:03:51.000]  That one you had coming, Randy.
[01:03:51.000 --> 01:03:54.000]  Yeah, like Randy always says, we have too much fun over the breaks,
[01:03:54.000 --> 01:03:56.000]  and we often do.
[01:03:56.000 --> 01:03:59.000]  We're going back to Danny in Tennessee.
[01:03:59.000 --> 01:04:01.000]  Randy, pick him up.
[01:04:01.000 --> 01:04:03.000]  Okay.
[01:04:03.000 --> 01:04:05.000]  Danny, they were picking on me over the break.
[01:04:05.000 --> 01:04:07.000]  You had it coming.
[01:04:07.000 --> 01:04:09.000]  Yes, I did.
[01:04:09.000 --> 01:04:12.000]  Okay.
[01:04:12.000 --> 01:04:17.000]  You had the issue of the TRO, and you had something else.
[01:04:17.000 --> 01:04:20.000]  What was your other question?
[01:04:20.000 --> 01:04:22.000]  Okay.
[01:04:22.000 --> 01:04:29.000]  All right, well, another thing, one of the issues for the suit to set aside
[01:04:29.000 --> 01:04:33.000]  was, and I heard another caller sometime in the past mention this
[01:04:33.000 --> 01:04:40.000]  from Tennessee talking to you, that for the eviction hearing,
[01:04:40.000 --> 01:04:42.000]  there's no complaint or anything in place.
[01:04:42.000 --> 01:04:45.000]  The only thing you can get is a summons to come to court.
[01:04:45.000 --> 01:04:50.000]  And I got that, and then later I got to thinking, well, what would I be answering?
[01:04:50.000 --> 01:04:55.000]  I go up to the clerk to look in the file, and the summons is the only thing
[01:04:55.000 --> 01:04:57.000]  in the file.
[01:04:57.000 --> 01:05:01.000]  So to me, it's like there's no pleading to invoke that court's jurisdiction
[01:05:01.000 --> 01:05:03.000]  to start it in the first place.
[01:05:03.000 --> 01:05:06.000]  Yeah, what are you being summoned to court to argue?
[01:05:06.000 --> 01:05:08.000]  Yeah.
[01:05:08.000 --> 01:05:14.000]  Okay, is there some rule in Tennessee that allows that?
[01:05:14.000 --> 01:05:17.000]  Well, I'm going to have to look right up at that.
[01:05:17.000 --> 01:05:23.000]  I haven't actually checked through either because the rules for this court
[01:05:23.000 --> 01:05:26.000]  are kind of set off somewhere else from where most everything else is
[01:05:26.000 --> 01:05:28.000]  for some reason.
[01:05:28.000 --> 01:05:33.000]  This is a court that replaced the JPs up here.
[01:05:33.000 --> 01:05:35.000]  Okay, who makes the rules?
[01:05:35.000 --> 01:05:40.000]  Is it the Supreme Court in Tennessee that sets the rules of civil procedure
[01:05:40.000 --> 01:05:44.000]  or are they statutory?
[01:05:44.000 --> 01:05:52.000]  Well, I know they've got some statutory things that seem to be some of both.
[01:05:52.000 --> 01:05:59.000]  Okay, are your state court procedures, is it a code of procedure
[01:05:59.000 --> 01:06:02.000]  or rules of procedure?
[01:06:02.000 --> 01:06:04.000]  It's rules of procedure.
[01:06:04.000 --> 01:06:06.000]  Okay, no rules.
[01:06:06.000 --> 01:06:10.000]  That's almost certainly going to be promulgated by the Supreme Court.
[01:06:10.000 --> 01:06:16.000]  So that's where you would look for the rules of procedure.
[01:06:16.000 --> 01:06:25.000]  This thing of filing a summons without giving notice,
[01:06:25.000 --> 01:06:27.000]  that would seem to go to the Constitution.
[01:06:27.000 --> 01:06:29.000]  That would go to the federal Constitution,
[01:06:29.000 --> 01:06:31.000]  so there has to be something in there you don't know about.
[01:06:31.000 --> 01:06:34.000]  This is not something they could just arbitrarily,
[01:06:34.000 --> 01:06:39.000]  I would think that they could arbitrarily do.
[01:06:39.000 --> 01:06:44.000]  Well, yeah, maybe not, but I know you heard you some weeks past,
[01:06:44.000 --> 01:06:47.000]  someone talking with you and you were talking about things,
[01:06:47.000 --> 01:06:50.000]  and he mentioned that the only thing there was was a summons.
[01:06:50.000 --> 01:06:52.000]  There wasn't anything else there.
[01:06:52.000 --> 01:06:54.000]  I don't recall that.
[01:06:54.000 --> 01:06:58.000]  I remember who that was, and he's in Jackson, by the way.
[01:06:58.000 --> 01:07:01.000]  Aren't you close to there?
[01:07:01.000 --> 01:07:03.000]  Yeah, I'm in Jackson.
[01:07:03.000 --> 01:07:08.000]  Okay, well, I think he was just outside of Jackson.
[01:07:08.000 --> 01:07:14.000]  He's right in that neighborhood, but I don't remember that issue.
[01:07:14.000 --> 01:07:17.000]  I would have thought that that would have perked up my interest.
[01:07:17.000 --> 01:07:22.000]  Well, in any court, if you're being summoned to court,
[01:07:22.000 --> 01:07:26.000]  you've got to know what you're answering to.
[01:07:26.000 --> 01:07:29.000]  Where's the pleading?
[01:07:29.000 --> 01:07:32.000]  What, did you just call me to have a beer or what?
[01:07:32.000 --> 01:07:38.000]  You could certainly probably find the law by filing a motion to strike
[01:07:38.000 --> 01:07:45.000]  the unlawful detainer hearing for lack of proper notice.
[01:07:45.000 --> 01:07:47.000]  And then the other side would have to come by
[01:07:47.000 --> 01:07:50.000]  and show why only a summons was proper notice.
[01:07:50.000 --> 01:07:55.000]  That'd give you the better way to get the lawyer to find you the lawyer you need.
[01:07:55.000 --> 01:08:00.000]  Yeah, he's starting to get aggravated, and maybe with too much running around anyway.
[01:08:00.000 --> 01:08:03.000]  I come down here from Nashville every time.
[01:08:03.000 --> 01:08:06.000]  Tell him life is tough.
[01:08:06.000 --> 01:08:09.000]  You get to see all that beautiful country.
[01:08:09.000 --> 01:08:14.000]  What's the highway between Memphis and Nashville?
[01:08:14.000 --> 01:08:16.000]  That beautiful interstate?
[01:08:16.000 --> 01:08:20.000]  Interstate 40.
[01:08:20.000 --> 01:08:25.000]  You get to drive down beautiful interstate 40 back and forth, enjoy yourself.
[01:08:25.000 --> 01:08:30.000]  But you'd certainly get him to show you that.
[01:08:30.000 --> 01:08:34.000]  Yeah, and okay, a little bit more.
[01:08:34.000 --> 01:08:37.000]  I know you're talking about the criminal charges and everything,
[01:08:37.000 --> 01:08:41.000]  and you were talking about taking it to the prosecutor.
[01:08:41.000 --> 01:08:45.000]  But while I was waiting outside the locked courtroom,
[01:08:45.000 --> 01:08:50.000]  just in case they did have that hearing and I was told had been canceled,
[01:08:50.000 --> 01:08:57.000]  I noticed on the board out there they had a thing about the grand jury
[01:08:57.000 --> 01:09:00.000]  and the grand jury meeting and anybody who had anything,
[01:09:00.000 --> 01:09:06.000]  they could bring it to themselves, and it had the name and home address of the foreman.
[01:09:06.000 --> 01:09:10.000]  That's how it should be.
[01:09:10.000 --> 01:09:12.000]  Wonderful.
[01:09:12.000 --> 01:09:16.000]  I'm going to have to move back to Tennessee.
[01:09:16.000 --> 01:09:21.000]  All my people are in Dresden area, that's about 60 miles north of Jackson.
[01:09:21.000 --> 01:09:26.000]  But they actually have the grand jury sit to hear complaints.
[01:09:26.000 --> 01:09:30.000]  This is a great tool.
[01:09:30.000 --> 01:09:36.000]  If you've got any of these guys that are doing song and dance
[01:09:36.000 --> 01:09:40.000]  and you go to the grand jury with a well-structured complaint,
[01:09:40.000 --> 01:09:48.000]  it's kind of naive to think that we could pull six or 12 or 23,
[01:09:48.000 --> 01:09:51.000]  however many grand jurors they have, from the population
[01:09:51.000 --> 01:09:55.000]  and have them be willing to go after a public official.
[01:09:55.000 --> 01:09:57.000]  That's kind of naive.
[01:09:57.000 --> 01:10:03.000]  The reason being is grand jurors sit for a long time, unlike a pedagogy.
[01:10:03.000 --> 01:10:11.000]  What they generally wind up getting on grand jurors are a lot of retired people
[01:10:11.000 --> 01:10:18.000]  or women whose husbands are relatively well-to-do
[01:10:18.000 --> 01:10:23.000]  and they don't have to work and they have time to do this.
[01:10:23.000 --> 01:10:31.000]  The upshot is you tend to get very conservative grand jurors.
[01:10:31.000 --> 01:10:35.000]  Frankly, that's probably a good idea
[01:10:35.000 --> 01:10:42.000]  because we should not be able to easily indict a public official.
[01:10:42.000 --> 01:10:44.000]  It should be difficult.
[01:10:44.000 --> 01:10:50.000]  Actually, we should not be able to easily indict anyone.
[01:10:50.000 --> 01:10:53.000]  It should be difficult.
[01:10:53.000 --> 01:10:58.000]  So that when we get the indictment, it's warranted and valid.
[01:10:58.000 --> 01:11:04.000]  So when you go to a room full of conservative people,
[01:11:04.000 --> 01:11:10.000]  what you need to do is play to their conservative side.
[01:11:10.000 --> 01:11:16.000]  They tend to believe in rule of law and give them the code.
[01:11:16.000 --> 01:11:22.000]  I just made up one against the JP that I charged him with everything.
[01:11:22.000 --> 01:11:28.000]  Conspiracy, solicitation to commit a crime.
[01:11:28.000 --> 01:11:30.000]  In 1502, it's conspiracy.
[01:11:30.000 --> 01:11:35.000]  1503 is solicitation, tampering with the government document,
[01:11:35.000 --> 01:11:42.000]  steering and executing a document by deception, aggravated perjury, death,
[01:11:42.000 --> 01:11:46.000]  disaster, everything I could think of.
[01:11:46.000 --> 01:11:50.000]  Now, that looks like I'm stacking.
[01:11:50.000 --> 01:11:57.000]  But then I go back and explain in order for this person to do this thing,
[01:11:57.000 --> 01:12:01.000]  this person had to violate all of these laws.
[01:12:01.000 --> 01:12:08.000]  We have all of these laws in as protections against this kind of behavior.
[01:12:08.000 --> 01:12:14.000]  And the person was so arrogant and so disregardful of all our laws
[01:12:14.000 --> 01:12:17.000]  that he violated all of these
[01:12:17.000 --> 01:12:25.000]  and actually believes he can do this with impunity and you won't say a thing about it.
[01:12:25.000 --> 01:12:34.000]  That should appeal to the far-right, highly conservative.
[01:12:34.000 --> 01:12:37.000]  If you can get them wearing in righteousness and indignation,
[01:12:37.000 --> 01:12:40.000]  they'll crucify this dude.
[01:12:40.000 --> 01:12:41.000]  Yeah.
[01:12:41.000 --> 01:12:44.000]  Well, part of what I was thinking about too was, you know,
[01:12:44.000 --> 01:12:49.000]  not only these officials that are included with the, well, the lawyers
[01:12:49.000 --> 01:12:56.000]  because they know that they're doing these things.
[01:12:56.000 --> 01:13:02.000]  Get out the bar association standards.
[01:13:02.000 --> 01:13:07.000]  The bar standards used to say about 10 years ago,
[01:13:07.000 --> 01:13:16.000]  it is unethical conduct for, and then it would state the standard.
[01:13:16.000 --> 01:13:22.000]  They took out the unethical conduct language.
[01:13:22.000 --> 01:13:26.000]  But I put it back in.
[01:13:26.000 --> 01:13:33.000]  And this is the kind of thing, what I do is I try to appeal to the far-right.
[01:13:33.000 --> 01:13:39.000]  If you can get them to rise up in righteous indignation,
[01:13:39.000 --> 01:13:42.000]  you may be actually able to get something done.
[01:13:42.000 --> 01:13:46.000]  I am absolutely ecstatic to hear that you can actually get them
[01:13:46.000 --> 01:13:49.000]  for grand jury in Tennessee.
[01:13:49.000 --> 01:13:50.000]  Yeah.
[01:13:50.000 --> 01:13:51.000]  Well, things along those lines, you know,
[01:13:51.000 --> 01:13:56.000]  talk about what the banks and the mortgage crisis and all that stuff,
[01:13:56.000 --> 01:13:58.000]  and here's some of these people doing this thing,
[01:13:58.000 --> 01:14:02.000]  and these officials are helping them get away with stuff they shouldn't be,
[01:14:02.000 --> 01:14:06.000]  and they squarely look in the records they got in the county records.
[01:14:06.000 --> 01:14:12.000]  What you need is a really good story.
[01:14:12.000 --> 01:14:19.000]  It's best if the story's true, but that's not necessarily your requirement.
[01:14:19.000 --> 01:14:22.000]  It can be speculation.
[01:14:22.000 --> 01:14:27.000]  So long as it's a good story, when you write the document,
[01:14:27.000 --> 01:14:35.000]  always think what is going to come to the mind of my reader when you reach this.
[01:14:35.000 --> 01:14:39.000]  Is he going to read this and say, give me a break?
[01:14:39.000 --> 01:14:45.000]  Or how could you come to that conclusion that you need to go back and fix it?
[01:14:45.000 --> 01:14:52.000]  You can go back and rewrite it so that each thing leads directly to the next.
[01:14:52.000 --> 01:14:56.000]  I like to do it with a statement of facts.
[01:14:56.000 --> 01:15:04.000]  You lay down a statement of facts that a reasonable person would attend to come
[01:15:04.000 --> 01:15:08.000]  to the conclusion based on these facts that you want them to come to.
[01:15:08.000 --> 01:15:17.000]  And then you write a factual accusation or a statement of cause and name these facts
[01:15:17.000 --> 01:15:24.000]  and show how these facts contribute to this problem and lead to these conclusions.
[01:15:24.000 --> 01:15:31.000]  If you can get your reader to come to conclusions when they read the facts,
[01:15:31.000 --> 01:15:39.000]  and then you reiterate those conclusions, he's going to think you're really smart.
[01:15:39.000 --> 01:15:45.000]  Because he came to the same conclusions that I did, so he must be smart.
[01:15:45.000 --> 01:15:50.000]  That will generate what in psychology they call rapport.
[01:15:50.000 --> 01:15:55.000]  You're more likely to get a good read. It takes a little more work to do it that way.
[01:15:55.000 --> 01:15:59.000]  You have to write it out and give it to somebody else and have them read it
[01:15:59.000 --> 01:16:08.000]  and tell them rip it to pieces and have them tell you every time a question comes to mind.
[01:16:08.000 --> 01:16:13.000]  Because if you generate a question in the mind of your reader
[01:16:13.000 --> 01:16:17.000]  and you don't answer that question, you're moving ahead
[01:16:17.000 --> 01:16:24.000]  and the reader is kind of looking at the words, but they're not assimilating anything.
[01:16:24.000 --> 01:16:30.000]  I mean, who hasn't read a book to where they noticed something or had a question
[01:16:30.000 --> 01:16:35.000]  and then they're two paragraphs down, still trying to figure out what that was
[01:16:35.000 --> 01:16:39.000]  and they don't realize what they've read.
[01:16:39.000 --> 01:16:43.000]  That's a real problem when you're writing these pleadings.
[01:16:43.000 --> 01:16:48.000]  You generate a question in the mind of our reader and we don't answer that question.
[01:16:48.000 --> 01:16:50.000]  We lost it.
[01:16:50.000 --> 01:16:53.000]  Hang on, hang on.
[01:16:53.000 --> 01:16:56.000]  This Randy Chelton speech did more.
[01:16:56.000 --> 01:17:00.000]  Joe Esquivel, we'll be right back.
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[01:19:25.000 --> 01:19:36.000]  Well, you ain't gonna fool me with that same old trick again.
[01:19:36.000 --> 01:19:41.000]  I was blindsided but now I can see your plans.
[01:19:41.000 --> 01:19:43.000]  You put the fear in my mind.
[01:19:43.000 --> 01:19:46.000]  Okay, we are back. Randy Kelton, Steve Skidmore,
[01:19:46.000 --> 01:19:51.000]  Sorescoville who's radio and we're talking to Danny in Tennessee
[01:19:51.000 --> 01:19:56.000]  and I kind of slipped into the lecture there and apologize if I got off topic
[01:19:56.000 --> 01:20:01.000]  but it's kind of important if we're going to be able to take these guys on
[01:20:01.000 --> 01:20:05.000]  and if you've got real grand jurors you can actually get to in Tennessee.
[01:20:05.000 --> 01:20:06.000]  That is wonderful.
[01:20:06.000 --> 01:20:08.000]  But we do need to move on.
[01:20:08.000 --> 01:20:12.000]  Do you have anything else that we haven't addressed, Danny?
[01:20:12.000 --> 01:20:20.000]  Okay, well not a question but I got something, another way to annoy public officials you might like to hear.
[01:20:20.000 --> 01:20:23.000]  Now you're talking my language.
[01:20:23.000 --> 01:20:24.000]  Yeah, I thought so.
[01:20:24.000 --> 01:20:29.000]  Just some time back I got thinking well they collect so much information
[01:20:29.000 --> 01:20:37.000]  they got all these electronic storage and everything now and databases that they work off of
[01:20:37.000 --> 01:20:43.000]  and the first idea was the databases but whatever else they may work with
[01:20:43.000 --> 01:20:54.000]  and these different departments just find out what kinds of information they are collecting and find out.
[01:20:54.000 --> 01:20:59.000]  Okay, in Texas, in the Open Records Act, in the Open Government Act,
[01:20:59.000 --> 01:21:06.000]  there is a section in there that stipulates what information is public
[01:21:06.000 --> 01:21:15.000]  and I have an information request called my Scope and Substantive Content Request
[01:21:15.000 --> 01:21:19.000]  and you are right, this makes them crazy.
[01:21:19.000 --> 01:21:24.000]  So if you look in Tennessee at their Open Records Act,
[01:21:24.000 --> 01:21:31.000]  they'll have a section that stipulates what is necessarily open for public inspection
[01:21:31.000 --> 01:21:36.000]  and make up a request that requests all that information
[01:21:36.000 --> 01:21:46.000]  and primarily there is a section in there that will go to the names or designations of all records kept,
[01:21:46.000 --> 01:21:54.000]  the substantive content, not the actual content but the kinds of information held in those records,
[01:21:54.000 --> 01:21:59.000]  who holds them, where do they hold them, what kind of media do they hold them in,
[01:21:59.000 --> 01:22:02.000]  how can they specifically be requested,
[01:22:02.000 --> 01:22:07.000]  what would be the nomenclature for specifically requesting each of these records.
[01:22:07.000 --> 01:22:13.000]  I filed one of these with the City of Azel and the clerk come out and said,
[01:22:13.000 --> 01:22:20.000]  can you narrow the scope of this request?
[01:22:20.000 --> 01:22:24.000]  And I said, well, how would you like me to narrow it?
[01:22:24.000 --> 01:22:27.000]  Well, can you tell us specifically what it is you are looking for?
[01:22:27.000 --> 01:22:29.000]  Sure, I can.
[01:22:29.000 --> 01:22:34.000]  I am looking for everything that's listed in there.
[01:22:34.000 --> 01:22:43.000]  And she stood looking at me like she wanted to get one of those police officers to come over and shoot me.
[01:22:43.000 --> 01:22:51.000]  Any time they give me half an ounce of nonsense, I pull out the scope and content.
[01:22:51.000 --> 01:22:52.000]  Hand it to them.
[01:22:52.000 --> 01:22:55.000]  Got 15 days, guys, do whatever you want to.
[01:22:55.000 --> 01:23:01.000]  If they file a request to the attorney general for an opinion,
[01:23:01.000 --> 01:23:05.000]  I file criminal charges against them immediately.
[01:23:05.000 --> 01:23:14.000]  I've had a prosecuting attorney come to me and say, Mr. Kelton, I'm not sure what you're asking for here.
[01:23:14.000 --> 01:23:23.000]  Well, go to the legislature and ask them what they meant when they put that in the code.
[01:23:23.000 --> 01:23:32.000]  And he lifted me like, I'm pretty sure I could get the baby to shoot this jerk.
[01:23:32.000 --> 01:23:36.000]  So that, yeah, that is a really good way.
[01:23:36.000 --> 01:23:44.000]  I don't do that unless they want to play a little song and dance and seltzer down your pants and give that to them.
[01:23:44.000 --> 01:23:48.000]  And then they'll have somebody call me stuttering and stammering.
[01:23:48.000 --> 01:23:54.000]  And then I'll ask them, do you guys really want to get down to business or do you want to play more of these games?
[01:23:54.000 --> 01:23:56.000]  And then I stop having problems.
[01:23:56.000 --> 01:23:58.000]  So that is a good suggestion, Danny.
[01:23:58.000 --> 01:24:04.000]  Yeah, well, you know, mine was even before you start having something you actually want from someplace
[01:24:04.000 --> 01:24:12.000]  just to find out what kind of information they have and like if it's an electronic database to describe the fields,
[01:24:12.000 --> 01:24:18.000]  what are the field names, what's the description of what the purpose of the field is without getting actual information
[01:24:18.000 --> 01:24:23.000]  because I would think the structure of the information wouldn't be anything.
[01:24:23.000 --> 01:24:34.000]  And that's exactly what the Open Records Act says, that this information is open to the public,
[01:24:34.000 --> 01:24:41.000]  what the record is, how it's kept, the substantive content of the record, the scope and substantive content.
[01:24:41.000 --> 01:24:43.000]  That's right out of the code.
[01:24:43.000 --> 01:24:45.000]  Yeah.
[01:24:45.000 --> 01:24:47.000]  This is all specifically open.
[01:24:47.000 --> 01:24:54.000]  If they say there's records in a database and I want to search the database, well, we don't have that search.
[01:24:54.000 --> 01:24:57.000]  Okay, then give me the software.
[01:24:57.000 --> 01:24:59.000]  Oh, we can't do that.
[01:24:59.000 --> 01:25:00.000]  Yes, you can.
[01:25:00.000 --> 01:25:02.000]  Oh, well, it's all copyrighted.
[01:25:02.000 --> 01:25:07.000]  Your problem, not my problem.
[01:25:07.000 --> 01:25:15.000]  If you want to use copyrighted software, use copyrighted software.
[01:25:15.000 --> 01:25:18.000]  I still have a right to see it.
[01:25:18.000 --> 01:25:21.000]  If there's a copyright problem, that's between you and the vendor.
[01:25:21.000 --> 01:25:23.000]  Take it up with them.
[01:25:23.000 --> 01:25:35.000]  And generally, once you do that to them, they tend to get very amenable and it gets a whole lot easier to get what you want.
[01:25:35.000 --> 01:25:38.000]  So yeah, you're dead on.
[01:25:38.000 --> 01:25:50.000]  But I try to be reasonable, make my requests broad enough so that they don't know precisely what I'm looking for.
[01:25:50.000 --> 01:25:59.000]  When I was in ASIL, the clerk said, well, Mr. Kelton, if you tell me what it is you're looking for, I could better find it.
[01:25:59.000 --> 01:26:04.000]  Yes, you could, but I'm not going to tell you.
[01:26:04.000 --> 01:26:07.000]  She said, well, is there some special reason?
[01:26:07.000 --> 01:26:09.000]  I said, absolutely.
[01:26:09.000 --> 01:26:22.000]  If I tell you what I'm looking for and then I look in the record and I don't find it, I'm going to consider that you removed it because you were the only one that knew what I was looking for.
[01:26:22.000 --> 01:26:25.000]  Oh, we wouldn't do that kind of thing.
[01:26:25.000 --> 01:26:28.000]  Sure you wouldn't.
[01:26:28.000 --> 01:26:32.000]  And I'm certain that you wouldn't, but I would not want to compromise you.
[01:26:32.000 --> 01:26:34.000]  Okay, I really need to move on.
[01:26:34.000 --> 01:26:37.000]  We've got lots of callers.
[01:26:37.000 --> 01:26:39.000]  Anything else, Danny?
[01:26:39.000 --> 01:26:41.000]  No, that's good.
[01:26:41.000 --> 01:26:42.000]  Okay, thank you, Danny.
[01:26:42.000 --> 01:26:44.000]  Thank you for calling in.
[01:26:44.000 --> 01:26:48.000]  We're going to go to John Anark in Austin.
[01:26:48.000 --> 01:26:49.000]  Hello, John.
[01:26:49.000 --> 01:26:51.000]  Yes, good evening.
[01:26:51.000 --> 01:26:52.000]  Good evening.
[01:26:52.000 --> 01:26:54.000]  What you got for us tonight, John?
[01:26:54.000 --> 01:27:08.000]  Well, I was served a citation as your BNC to employ an attorney and you need to file a written answer with the clerk to issue the citation within the next 20 days.
[01:27:08.000 --> 01:27:11.000]  What is the nature of the citation?
[01:27:11.000 --> 01:27:19.000]  Basically, Capital One Bank who has...
[01:27:19.000 --> 01:27:22.000]  Okay, wait, whoa, is this an eviction?
[01:27:22.000 --> 01:27:25.000]  No, no, no, no, this is a credit card.
[01:27:25.000 --> 01:27:26.000]  Okay.
[01:27:26.000 --> 01:27:27.000]  Okay.
[01:27:27.000 --> 01:27:42.000]  Okay, go to Michael Maris, banner on logosradionetwork.com and he will show you how to kick their behinds every way from Sunday and get them to pay you to go away and leave them alone.
[01:27:42.000 --> 01:27:44.000]  And he is good at it.
[01:27:44.000 --> 01:27:52.000]  But first thing you need to do is make sure you make the filing deadline.
[01:27:52.000 --> 01:28:11.000]  Just take the document that they made and cut out everything in the middle, keep the heading and such the same, and put it in there, defend it, denies all accusations by plaintiff and puts plaintiff to his proof.
[01:28:11.000 --> 01:28:17.000]  That should be the first thing in the answer.
[01:28:17.000 --> 01:28:21.000]  If you don't know what else to put, that's enough.
[01:28:21.000 --> 01:28:27.000]  Get it filed, make sure you don't miss the filing deadline.
[01:28:27.000 --> 01:28:32.000]  General rule of thumb, make your filing deadline.
[01:28:32.000 --> 01:28:43.000]  Steve and I, the first suit I ever wrote was for Steve about six years ago, and I wasn't ready yet, so I just put together a bunch of junk as an answer.
[01:28:43.000 --> 01:28:51.000]  We filed it, and they come back and said, your honor, this is a bunch of crap.
[01:28:51.000 --> 01:29:02.000]  And the judge agreed, we had to file suits where it was. And, you know, they objected to it, it was a mess, it was garbage, but they didn't object to the timing.
[01:29:02.000 --> 01:29:05.000]  Get it filed if it's junk.
[01:29:05.000 --> 01:29:14.000]  Then come back with, oh, we filed a long document, and when you get the one you need fixed, then file it again.
[01:29:14.000 --> 01:29:21.000]  Hold on. You filed this answer, you can supplement this answer or file an amended answer later. Make sure you get it filed.
[01:29:21.000 --> 01:29:26.000]  Okay. I just blabbed and blabbed and ran out the clock on you.
[01:29:26.000 --> 01:29:33.000]  So hang on, John. We will be right back on the other side of this break. We'll pick this up.
[01:29:33.000 --> 01:29:39.000]  This is Randy Kelton, Steve Skidmore, Joe Escobel, Louvre Radio.
[01:29:39.000 --> 01:29:50.000]  And if you go to louvreradio.com or louvreradio.network.com, if you have credit cards, click on the Michael Maris banner,
[01:29:50.000 --> 01:29:55.000]  and he'll show you how to get them to pay you to go away and leave them alone.
[01:29:55.000 --> 01:30:00.000]  Okay. Our call-in number, 512-646-1984.
[01:30:00.000 --> 01:30:09.000]  For many people, life without tweeting, blogging, or emailing would be unimaginable.
[01:30:09.000 --> 01:30:13.000]  But did you know that one in five adults shuns the Internet?
[01:30:13.000 --> 01:30:17.000]  I'm Dr. Catherine Albrecht, back to tell you who they are in a moment.
[01:30:17.000 --> 01:30:23.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:23.000 --> 01:30:28.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:28.000 --> 01:30:33.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:33.000 --> 01:30:36.000]  Privacy, it's worth hanging on to.
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[01:31:36.000 --> 01:31:40.000]  Most people don't know that a third tower fell on September 11.
[01:31:40.000 --> 01:31:44.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
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[01:31:54.000 --> 01:31:57.000]  Bring justice to my son, my uncle, my nephew, my son.
[01:31:57.000 --> 01:32:02.000]  Go to buildingwatch.org. Why it fell, why it matters, and what you can do.
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[01:33:01.000 --> 01:33:06.000]  Looking for some truth? You found it.
[01:33:06.000 --> 01:33:35.000]  LogosRadioNetwork.com
[01:33:35.000 --> 01:33:40.000]  Okay, we are back. Randy Kelton and Debbie Stevens.
[01:33:40.000 --> 01:33:42.000]  No, Debbie's not here tonight.
[01:33:42.000 --> 01:33:50.000]  Randy Kelton, Steve Stevens, Jerry Esquivel, and we're talking to John in Austin.
[01:33:50.000 --> 01:33:56.000]  Hello, John. Slide these numbers down. There we go.
[01:33:56.000 --> 01:34:00.000]  Okay, I'm running the board now and talking at the same time.
[01:34:00.000 --> 01:34:01.000]  You can do that?
[01:34:01.000 --> 01:34:06.000]  I did a great job at it. No, not very well.
[01:34:06.000 --> 01:34:10.000]  Actually, one of my screens jumped up over and covered my board.
[01:34:10.000 --> 01:34:12.000]  Quick, go find a 10-year-old.
[01:34:12.000 --> 01:34:16.000]  That's exactly what I need.
[01:34:16.000 --> 01:34:21.000]  Unfortunately, there's more truth to that than I would like to think.
[01:34:21.000 --> 01:34:32.000]  I have a 13-year-old grandson, and I am astounded at the depth of his technical knowledge on the inner workings of these systems.
[01:34:32.000 --> 01:34:34.000]  They're scary.
[01:34:34.000 --> 01:34:39.000]  Okay, we were talking to John in Austin, and you were sued by a credit card company.
[01:34:39.000 --> 01:34:43.000]  That's correct. Well, I was sued by their debt collector.
[01:34:43.000 --> 01:34:44.000]  Yes.
[01:34:44.000 --> 01:34:48.000]  Have you filed a debt validation letter?
[01:34:48.000 --> 01:34:51.000]  No, I don't know anything about anything.
[01:34:51.000 --> 01:34:56.000]  I said you need to write a written answer to the clerk, and I don't even know what that means.
[01:34:56.000 --> 01:35:09.000]  Okay, you want to file a debt validation letter, and if you go to the Logos Radio Network, and I think it's a powder blue banner.
[01:35:09.000 --> 01:35:21.000]  Mike Smith, he charges right at $200. It may be a little more or less. I don't know, but it is absolutely incredible information.
[01:35:21.000 --> 01:35:32.000]  The first thing he will do is he will have a debt validation letter to send to the debt collector under 16 U.S. Code 1592-G.
[01:35:32.000 --> 01:35:35.000]  You say, who the heck are you? I don't know you.
[01:35:35.000 --> 01:35:48.000]  And while there may exist a debt, this guy may or may not have authority to collect that debt.
[01:35:48.000 --> 01:35:58.000]  Because when credit cards and such like this, the credit card companies sell the debt to debt collectors.
[01:35:58.000 --> 01:36:05.000]  And actually, a lot of times, they just put them out there, and this lawyer will come and pick it up and try to collect it.
[01:36:05.000 --> 01:36:09.000]  Or they will buy it at pennies on the dollar.
[01:36:09.000 --> 01:36:17.000]  But the problem is, is they can almost never provide the proper paperwork to prove up the debt.
[01:36:17.000 --> 01:36:20.000]  That's one of the problems.
[01:36:20.000 --> 01:36:28.000]  Another one of the problems is the techniques they use to do the collections.
[01:36:28.000 --> 01:36:36.000]  If you send a debt validation letter, it needs to have in it a notice to cease all calls.
[01:36:36.000 --> 01:36:44.000]  Only contact me by mail. Do not call my home. Do not call my office. Don't call my friends or neighbors.
[01:36:44.000 --> 01:36:49.000]  And they'll just keep calling, or at least you hope they do.
[01:36:49.000 --> 01:36:55.000]  And then you put a ledger by your phone, and when they call, answer every time.
[01:36:55.000 --> 01:37:04.000]  And there used to be a guy putting out some little videos on how to deal with debt collectors.
[01:37:04.000 --> 01:37:08.000]  You get the debt collector to go through his whole spiel.
[01:37:08.000 --> 01:37:12.000]  And then you say, oh, wait a minute, I wasn't listening. Can you go through that again?
[01:37:12.000 --> 01:37:15.000]  And he just did really obnoxious stuff to them.
[01:37:15.000 --> 01:37:22.000]  And then in one, he pretended that the police were breaking in and got somebody else to grab the phone and ask, who are you?
[01:37:22.000 --> 01:37:27.000]  You're a witness because you heard everything that went on. We're going to summon you to court.
[01:37:27.000 --> 01:37:30.000]  He just did crazy stuff like that to them.
[01:37:30.000 --> 01:37:36.000]  But the point is, every time they call you after they've received the debt validation letter,
[01:37:36.000 --> 01:37:40.000]  Steve hasn't it went from a thousand up to fifteen hundred a pop?
[01:37:40.000 --> 01:37:41.000]  I think so.
[01:37:41.000 --> 01:37:50.000]  Fifteen hundred. Just put down the date they called and write fifteen hundred bucks on your ledger.
[01:37:50.000 --> 01:37:58.000]  And when that amount exceeds the amount of the debt, then you send them a tort letter
[01:37:58.000 --> 01:38:05.000]  and tell them this is how much you've harmed me. Make me hold or be sued.
[01:38:05.000 --> 01:38:11.000]  Give them 30 days or whatever. And on the 31st day, file suit to federal court.
[01:38:11.000 --> 01:38:21.000]  OK. At this point, please tell them taking me to court, quote unquote, maybe they won't be calling me that much.
[01:38:21.000 --> 01:38:24.000]  Oh, OK. Yeah, they probably may.
[01:38:24.000 --> 01:38:27.000]  Mike has got ways of handling that as well.
[01:38:27.000 --> 01:38:32.000]  One thing you definitely want to look for to see if they pulled your credit.
[01:38:32.000 --> 01:38:37.000]  Steve, are you familiar with the details on pulling credit after your?
[01:38:37.000 --> 01:38:43.000]  I don't believe they're allowed to pull the credit once you're in litigation.
[01:38:43.000 --> 01:38:47.000]  I'm not real sharp on the specifics of that.
[01:38:47.000 --> 01:38:56.000]  If they pulled the credit and it's not for a permissible purpose, that's a felony.
[01:38:56.000 --> 01:39:09.000]  Well, this particular account, they closed it some time ago and they charged it off in June of 2013.
[01:39:09.000 --> 01:39:14.000]  And so if that has to deal with what we're talking about.
[01:39:14.000 --> 01:39:18.000]  No, no, no, that's the Patriot arguments. No, that won't help you.
[01:39:18.000 --> 01:39:23.000]  Well, I'm not trying to I'm not trying to beat it. I'm just trying to find out how many are holding the money.
[01:39:23.000 --> 01:39:26.000]  Let me let me ask you. Let me ask you a question.
[01:39:26.000 --> 01:39:32.000]  You said you received summons from what court did you receive summons from?
[01:39:32.000 --> 01:39:39.000]  Still, the county clerk, Travis County Court, County Court at law number two.
[01:39:39.000 --> 01:39:41.000]  County court. OK, OK.
[01:39:41.000 --> 01:39:43.000]  Well, at least they filed in the right jurisdiction.
[01:39:43.000 --> 01:39:47.000]  A lot of these debt collectors will file in the justice court.
[01:39:47.000 --> 01:39:58.000]  And Texas does not have a small claims court. The small claims court jurisdiction and justice court jurisdictions run together.
[01:39:58.000 --> 01:40:03.000]  They run concurrent. That makes the justice court a small claims court.
[01:40:03.000 --> 01:40:23.000]  Texas government code section twenty eight point zero zero three subsections B, B one and B three provide as follows. An action may not be brought in small claims court by one and a sign of a claim or another person seeking to bring an action on an assigned claim.
[01:40:23.000 --> 01:40:33.000]  Three, a collection agency or collection agent. So at least they filed this claim in the proper venue.
[01:40:33.000 --> 01:40:39.000]  Had that been from a justice court, a J.P. court, you might want to go visit.
[01:40:39.000 --> 01:40:51.000]  And that that might this information is probably more for people who who are facing a debt collector in justice court, since in your situation, they apparently filed it in county court.
[01:40:51.000 --> 01:40:59.000]  OK, well, if I might ask the question, let's say that, you know, I didn't try to get out of it.
[01:40:59.000 --> 01:41:03.000]  I'm concerned about basically, OK, I owe you the money.
[01:41:03.000 --> 01:41:07.000]  I don't have the money to be able to pay it. That's why I haven't paid you.
[01:41:07.000 --> 01:41:13.000]  Then, you know, like you need to pay the IRS, you like to pay your mortgage and things like that.
[01:41:13.000 --> 01:41:22.000]  But the part that's got me a bit concerned is to get down to the end and say something about prayers, something that's for these reasons, ask the court.
[01:41:22.000 --> 01:41:28.000]  Planned to be awarded judgment for the following actual damages, post-judgment interest, court costs.
[01:41:28.000 --> 01:41:33.000]  And this one, I really don't like to sound like all other relief to which plaintiff is entitled.
[01:41:33.000 --> 01:41:39.000]  And so, you know, if it was like, OK, you owe him fifteen thousand dollars, you owe him fifteen thousand dollars.
[01:41:39.000 --> 01:41:45.000]  All right, I do. And, you know, I don't deny it. I don't dispute it. You know, I mean, I actually do owe him the money.
[01:41:45.000 --> 01:41:50.000]  Whoa, stop, stop. How do you know?
[01:41:50.000 --> 01:41:52.000]  That was a cardinal sin.
[01:41:52.000 --> 01:42:04.000]  Yeah. How do you know these people who are coming to you demanding that you give them money are the people who have authority to demand this money?
[01:42:04.000 --> 01:42:10.000]  How do you know that when you give them this money that they will use this money to extinguish the debt?
[01:42:10.000 --> 01:42:14.000]  Right. Okay. So that would be something that would be nice to find out about.
[01:42:14.000 --> 01:42:26.000]  And that if I go to the website that you were speaking of, Logos Radio Network, and go to Michael Maris, I can start finding out.
[01:42:26.000 --> 01:42:32.000]  And so what would be specifically the question or the paper that would say, do you all really have the right to do this?
[01:42:32.000 --> 01:42:41.000]  No, he will have a debt validation letter in there. All the debt validation letter does is essentially says, I don't know who you are.
[01:42:41.000 --> 01:42:48.000]  I never entered into a contract with you. I never entered into a contract with your alleged principal.
[01:42:48.000 --> 01:42:58.000]  Therefore, I dispute all claims by you. Please prove up all claims. That's the bare bones basic.
[01:42:58.000 --> 01:43:04.000]  Okay. But I have one that when I help people with foreclosure issues, I give them.
[01:43:04.000 --> 01:43:15.000]  When you file a debt validation letter, you should send a letter to each of the credit reporting agencies telling them to take all the marks off your credit until this is proven up.
[01:43:15.000 --> 01:43:19.000]  They won't, but that gives you a claim you can make against them.
[01:43:19.000 --> 01:43:28.000]  When you file the debt validation letter, the main reason to file it is it affects statutory estoppel.
[01:43:28.000 --> 01:43:44.000]  The statute says that once the debt validation letter is filed, until the debt is proven up, the lender is stopped from further collection activities.
[01:43:44.000 --> 01:44:00.000]  Hang on, Randy Kelton, Steve Skidmore with our radio. I call it number 512-646-1984. We'll be right back.
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[01:46:01.000 --> 01:46:30.000]  Okay, we are back. Randy Felton, Steve Skidmore, Rule of Law Radio, and we're talking to John and Austin about a credit card issue.
[01:46:30.000 --> 01:46:40.000]  Hello, John, are you there? Yes, sir, I am. Okay, where were we when you went out?
[01:46:40.000 --> 01:46:46.000]  I have a question really at this point, so I can let you get on with it. I actually have two questions that come to mind.
[01:46:46.000 --> 01:46:54.000]  One is, it says, I have to file a written answer to the clerk. What should that answer contain? What am I answering?
[01:46:54.000 --> 01:47:03.000]  Defendant denies all allegations by plaintiff and puts plaintiff to his proof.
[01:47:03.000 --> 01:47:10.000]  Okay. And then if they have specific allegations, you can deny each one separately.
[01:47:10.000 --> 01:47:28.000]  There is no duty to stipulate to anything. You can stipulate to who you are, stipulate to things that don't matter, but it's a better strategy to deny everything.
[01:47:28.000 --> 01:47:45.000]  Okay, let me break in here. I was in court a couple of months ago, and the litigants that went out before me, the case that was called before me was a debt collection case.
[01:47:45.000 --> 01:47:58.000]  The debt collector, I'm sorry, the debtor, the alleged debtor, wanted to see a certain document in discovery.
[01:47:58.000 --> 01:48:11.000]  They had to stop everything in midstream and come into court and argue as to whether the court was going to require the debt collector to give up this information
[01:48:11.000 --> 01:48:26.000]  because the debt collector attorney's argument was that, well, Your Honor, if we give up that information, it will affect my client's business.
[01:48:26.000 --> 01:48:35.000]  Can't do that. Now, we're willing to do that under subpoena or if we're forced to, but if we're not forced to, we don't have to.
[01:48:35.000 --> 01:48:45.000]  What this document would have done, it would have shown what the debt collector paid for the alleged debt.
[01:48:45.000 --> 01:48:46.000]  The value.
[01:48:46.000 --> 01:48:54.000]  Yeah, the value of the actual debt. The judge said, well, what is this, one of these things where you pay 12 or 13 cents on the dollar?
[01:48:54.000 --> 01:49:12.000]  Well, Your Honor, we can't say. That document is called a purchase agreement. That's the purchase agreement between the debt collector and the alleged principle.
[01:49:12.000 --> 01:49:15.000]  That goes to standing.
[01:49:15.000 --> 01:49:25.000]  Yes, that goes to standing. If they're coming, okay, if they gave 12 cents, let's say 10 cents on a dollar on a thousand dollar debt, they gave $10 for that debt.
[01:49:25.000 --> 01:49:29.000]  But they're coming after a thousand dollars. You're not entitled to a thousand.
[01:49:29.000 --> 01:49:33.000]  No, no, no wrong issue. That don't have anything to do with it.
[01:49:33.000 --> 01:49:34.000]  Well, bring it.
[01:49:34.000 --> 01:49:41.000]  Who the heck are you? I didn't enter into a contract with you. How do you have a claim against me?
[01:49:41.000 --> 01:49:42.000]  Right.
[01:49:42.000 --> 01:49:48.000]  Oh, I have a claim by this purchase agreement.
[01:49:48.000 --> 01:49:51.000]  I didn't tell you to go buy it.
[01:49:51.000 --> 01:49:55.000]  Well, I didn't know that you bought it. You want to prove that you bought it?
[01:49:55.000 --> 01:49:56.000]  Yeah, exactly.
[01:49:56.000 --> 01:49:59.000]  How are they going to prove they bought it?
[01:49:59.000 --> 01:50:02.000]  They have to bring up the purchase agreement.
[01:50:02.000 --> 01:50:12.000]  Don't say anything about what they paid for it, just that that's the only way they can prove standing.
[01:50:12.000 --> 01:50:26.000]  If they're not coming in claiming to be an agent for the principle, but they're coming in claiming to be a debt collector, then they have to prove up standing in capacity.
[01:50:26.000 --> 01:50:35.000]  And in order to have standing, they would have to show that they actually purchased this debt.
[01:50:35.000 --> 01:50:39.000]  And what else do they have to show that they actually purchased debt?
[01:50:39.000 --> 01:50:42.000]  Nothing.
[01:50:42.000 --> 01:50:46.000]  They've got an empty claim before the court until they prove it.
[01:50:46.000 --> 01:50:49.000]  Oh, that is good. That is good. Purchase agreement.
[01:50:49.000 --> 01:50:57.000]  All right. So once again, on my answer to the clerk, I didn't. Give me that wording slowly one more time. I want to do it.
[01:50:57.000 --> 01:51:06.000]  Okay. Defendant denies all claims by plaintiff.
[01:51:06.000 --> 01:51:07.000]  Okay.
[01:51:07.000 --> 01:51:09.000]  That is a general denial.
[01:51:09.000 --> 01:51:10.000]  Yeah.
[01:51:10.000 --> 01:51:16.000]  And puts the plaintiff to his proof. That's the next thing.
[01:51:16.000 --> 01:51:20.000]  And puts the plaintiff to his proof.
[01:51:20.000 --> 01:51:21.000]  Yeah.
[01:51:21.000 --> 01:51:27.000]  That's the proper wording. And puts. Can I put or just put?
[01:51:27.000 --> 01:51:29.000]  Puts plaintiff to his proof.
[01:51:29.000 --> 01:51:32.000]  Okay. All right. Puts being defendant.
[01:51:32.000 --> 01:51:33.000]  Okay.
[01:51:33.000 --> 01:51:40.000]  Yeah. Always in legal documents, avoid first personal pronouns.
[01:51:40.000 --> 01:51:41.000]  Okay.
[01:51:41.000 --> 01:51:45.000]  And avoid pronouns altogether.
[01:51:45.000 --> 01:51:46.000]  Very good.
[01:51:46.000 --> 01:51:55.000]  It's okay to say that, you know, if I'm talking about, you can call someone a plaintiff or defendant.
[01:51:55.000 --> 01:52:08.000]  But when I read a document where I see Bank of America National Association and then I see B-O-A-N-A,
[01:52:08.000 --> 01:52:22.000]  whenever I'm reading and I come to that, mentally I have to stop to make sure that what I'm seeing here matches Bank of America National Association.
[01:52:22.000 --> 01:52:28.000]  That's called a pattern interruption. It'll interrupt the person every time.
[01:52:28.000 --> 01:52:36.000]  If you write out Bank of America National Association, okay, yeah, that's a big half of a sentence.
[01:52:36.000 --> 01:52:42.000]  But the reader will recognize that like he recognizes a Chevrolet.
[01:52:42.000 --> 01:52:44.000]  He won't read it.
[01:52:44.000 --> 01:52:52.000]  He'll recognize it instantly and move right on past it with no mental interruption.
[01:52:52.000 --> 01:53:12.000]  So avoid acronyms if it's at all possible, unless the acronym is so common that when you see it, ABC Network, ABC, you know what ABC is, FBI, you know what FBI is.
[01:53:12.000 --> 01:53:13.000]  Yeah.
[01:53:13.000 --> 01:53:18.000]  But anything that takes a name and contracts it down to keep it out of legal documents.
[01:53:18.000 --> 01:53:19.000]  Okay.
[01:53:19.000 --> 01:53:28.000]  Absolutely. You can put the name in 10 times and never put in he, she, her, put the name in every time.
[01:53:28.000 --> 01:53:37.000]  Now if you have somebody like, somebody's got a really, really long name, for instance,
[01:53:37.000 --> 01:53:49.000]  National City Real Estate Services, LLC, successor by merger to National City Real Estate, Incorporated, formerly known as National City Mortgage Company.
[01:53:49.000 --> 01:53:54.000]  You don't have to write that all of that out every time you make reference to them.
[01:53:54.000 --> 01:53:57.000]  You can shorten it down to National City.
[01:53:57.000 --> 01:54:11.000]  In parentheses, you would out, you do the whole thing the first time, then out to the right of that, in parentheses, you would put hereafter, quote, National City, end quote, in parentheses.
[01:54:11.000 --> 01:54:18.000]  Then from that point forward, you can say National City, but you're not typing out the first letter of every word in that long drawn out sentence.
[01:54:18.000 --> 01:54:19.000]  Yeah.
[01:54:19.000 --> 01:54:22.000]  Yeah, that's a perfect way to do that.
[01:54:22.000 --> 01:54:29.000]  Just so the reader doesn't trip and stumble over it, and pronouns, pronouns are always a bad idea.
[01:54:29.000 --> 01:54:41.000]  If you use he, the lawyer will very deliberately misinterpret who you're referring to when you use the term he.
[01:54:41.000 --> 01:54:44.000]  You do that on purpose.
[01:54:44.000 --> 01:54:47.000]  So always put the name in.
[01:54:47.000 --> 01:54:53.000]  And that wasn't so much for you, that's generally for our listeners in general.
[01:54:53.000 --> 01:54:55.000]  That's good practice.
[01:54:55.000 --> 01:55:00.000]  Specific to you, though, John and Austin, Mike Marist.
[01:55:00.000 --> 01:55:02.000]  Proven package.
[01:55:02.000 --> 01:55:04.000]  Okay.
[01:55:04.000 --> 01:55:16.000]  Until such time as these people prove that they actually have a reason for the right to be doing this, do I have to respond to something here without asking for first disclosures?
[01:55:16.000 --> 01:55:24.000]  Okay, the rule of thumb on disclosures is always ignore them initially.
[01:55:24.000 --> 01:55:25.000]  Okay.
[01:55:25.000 --> 01:55:41.000]  And except in Texas, there are a set of disclosures that I think is rule 176, and that goes to witnesses, expert witnesses, stuff that's not obnoxious.
[01:55:41.000 --> 01:55:45.000]  If you don't have any, you can just ignore it.
[01:55:45.000 --> 01:55:48.000]  Here's how it works with discovery.
[01:55:48.000 --> 01:55:53.000]  Discovery is between you and the other party.
[01:55:53.000 --> 01:55:57.000]  They don't send this to the court, they send it to you.
[01:55:57.000 --> 01:56:02.000]  And you give it to the other party or you don't give it to the other party.
[01:56:02.000 --> 01:56:09.000]  And it's a standard thing that the lawyers will deny all discovery.
[01:56:09.000 --> 01:56:15.000]  And when you deny all discovery, then they'll have to petition the court for a motion to compel discovery.
[01:56:15.000 --> 01:56:23.000]  And then they'll go to court and they'll say why you should give it, you'll say why you shouldn't give it, and the judge will order discovery.
[01:56:23.000 --> 01:56:27.000]  So when they send you discovery, ignore it.
[01:56:27.000 --> 01:56:30.000]  All right.
[01:56:30.000 --> 01:56:34.000]  Discovery as concerns productions.
[01:56:34.000 --> 01:56:42.000]  Discovery as concerns admissions, that's a whole other animal.
[01:56:42.000 --> 01:56:52.000]  If they send you admissions in a case like this, you should object to the admissions out of hand.
[01:56:52.000 --> 01:56:57.000]  And then ask, go ahead.
[01:56:57.000 --> 01:57:02.000]  Yeah, object to all the discovery and then force the court to order it.
[01:57:02.000 --> 01:57:09.000]  Orders discovery and there are admissions in there, be real careful with admissions.
[01:57:09.000 --> 01:57:19.000]  I just write the debt collector and tell them I object to their request for admissions.
[01:57:19.000 --> 01:57:21.000]  Do you do that through the court?
[01:57:21.000 --> 01:57:23.000]  Through the court.
[01:57:23.000 --> 01:57:24.000]  Yes.
[01:57:24.000 --> 01:57:25.000]  Okay.
[01:57:25.000 --> 01:57:26.000]  You're in a court setting.
[01:57:26.000 --> 01:57:31.000]  Anything that you send to the other side must be sent through the court.
[01:57:31.000 --> 01:57:32.000]  Through the court.
[01:57:32.000 --> 01:57:33.000]  Okay, very good.
[01:57:33.000 --> 01:57:34.000]  Yes.
[01:57:34.000 --> 01:57:36.000]  All right.
[01:57:36.000 --> 01:57:41.000]  Let me explain a little bit about, that's a little bit confusing.
[01:57:41.000 --> 01:57:47.000]  When they file, when they give you a notice for discovery, they actually file it in the court.
[01:57:47.000 --> 01:57:54.000]  But the court don't have anything to do with it until you refuse to respond.
[01:57:54.000 --> 01:58:02.000]  It's filed in the court for the court's reference so that when they come back and ask for a motion to compel,
[01:58:02.000 --> 01:58:04.000]  then the court gets involved in discovery.
[01:58:04.000 --> 01:58:07.000]  Otherwise, the courts don't want to be involved in it.
[01:58:07.000 --> 01:58:08.000]  Right.
[01:58:08.000 --> 01:58:15.000]  So they'll send you discovery and you'll send them, you'll answer your name and your address and stuff.
[01:58:15.000 --> 01:58:18.000]  And then you'll object to all of these others.
[01:58:18.000 --> 01:58:19.000]  Very good.
[01:58:19.000 --> 01:58:27.000]  Or you'll say, the request is nefarious if it asks for more than one thing.
[01:58:27.000 --> 01:58:31.000]  Like in the interrogatory sections where they ask you a question,
[01:58:31.000 --> 01:58:39.000]  if the question asks for more than one thing is nefarious, I'm sorry, multifarious, and you object to it.
[01:58:39.000 --> 01:58:42.000]  Because they only get like 25 interrogatories.
[01:58:42.000 --> 01:58:50.000]  This is a little too complex for a quick going on. Maybe we should spend some time on discovery.
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