[00:11.840 --> 00:20.800] an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, [00:20.800 --> 00:29.080] Brent crude $62.47 a barrel, and crypto is an order of market cap, bitcoin core $10,566.52, [00:29.080 --> 00:40.480] ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a [00:40.480 --> 00:42.480] crypto coin. [00:42.480 --> 00:52.240] Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated [00:52.240 --> 00:57.560] on Market Street in San Francisco during the World War I Preparedness Day parade, killing [00:57.560 --> 01:04.560] 10 and injuring 40. [01:04.560 --> 01:09.720] In recent news, since Gov. Greg Abbott signed House Bill 1325 legalizing hemp in a Texas [01:09.720 --> 01:14.080] law back in June, county prosecutors around the state, including Houston, Austin, and [01:14.080 --> 01:18.640] San Antonio have been dropping marijuana possession charges and even refusing to file new ones [01:18.640 --> 01:22.560] since they are stipulating that they do not have the time or the laboratory equipment [01:22.560 --> 01:24.600] to test the herb for THC. [01:24.600 --> 01:28.240] Margaret Moore, the Travis County District Attorney announced earlier this month that [01:28.240 --> 01:33.160] she was dismissing 32 felony possession and delivery of marijuana cases because of the [01:33.160 --> 01:34.160] law. [01:34.160 --> 01:37.400] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter [01:37.400 --> 01:41.920] to county district attorneys back on Thursday that marijuana has not been decriminalized [01:41.920 --> 01:48.040] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as [01:48.040 --> 01:51.020] well as other cities, too, like the District Attorney. [01:51.020 --> 01:56.900] In El Paso, Jaime Esparza, a Democrat who also stated earlier this month that the law [01:56.900 --> 02:01.520] quote will not have an effect on the prosecution of marijuana cases in El Paso. [02:01.520 --> 02:06.560] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender [02:06.560 --> 02:11.040] in Harris County who stated that quote, the law is constantly changing on what makes something [02:11.040 --> 02:13.280] illegal based on its chemical makeup. [02:13.280 --> 02:17.200] It's important that if someone is charged with something, the test matches what they're [02:17.200 --> 02:22.440] charged with. [02:22.440 --> 02:27.080] A paper by Tulane University identified a five and a half inch American pocket shark [02:27.080 --> 02:32.200] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket [02:32.200 --> 02:37.840] shark ever captured or recorded with the other one being found way back in 1979 in the East [02:37.840 --> 02:39.120] Pacific Ocean. [02:39.120 --> 02:43.640] According to the university paper, the shark secretes a luminous fluid from a gland near [02:43.640 --> 02:45.480] its front fins. [02:45.480 --> 02:50.760] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow. [02:50.760 --> 03:20.520] This is Rook Rody with your lowdown for July 22nd, 2019. [03:20.520 --> 03:30.360] What you gonna do, what you gonna do, yeah Bad boys, bad boys, what you gonna do, what [03:30.360 --> 03:36.280] you gonna do when they come for you Bad boys, bad boys, what you gonna do, what you gonna [03:36.280 --> 03:40.960] do when they come for you When you were eight and you had bad traits [03:40.960 --> 03:46.440] You go to school and learn the golden rule So why are you acting like a bloody fool [03:46.440 --> 03:51.980] If you get hot then you must get cool Bad boys, bad boys, what you gonna do, what you [03:51.980 --> 03:58.560] gonna do when they come for you Bad boys, bad boys, what you gonna do, what [03:58.560 --> 04:05.460] you gonna do when they come for you You choke it on that one, you choke it on [04:05.460 --> 04:06.540] this one You choke it on your mother and you choke [04:06.540 --> 04:07.540] it on your father You choke it on your brother and you choke [04:07.540 --> 04:08.860] it on your sister You choke it on that one and you chuck it [04:08.860 --> 04:10.660] on me [04:10.660 --> 04:32.240] Bad boys, bad boys, whatcha gonna do Whatcha gonna do when they come for you? [04:32.240 --> 04:49.760] Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio on this the 30th day of [04:49.760 --> 04:54.560] April 2020. [04:54.560 --> 05:00.920] And we are here with Brett and we may have Deb on later if she gets some technical difficulties [05:00.920 --> 05:04.000] taken care of on her computer. [05:04.000 --> 05:13.360] I offered her supervision and for some reason she didn't take me up on my offer. [05:13.360 --> 05:21.400] And, oh, we have a caller already. [05:21.400 --> 05:29.100] I assume that since this call is from bad grandma in Yuma, Arizona, that she has some [05:29.100 --> 05:32.480] information she wants to get to us. [05:32.480 --> 05:38.280] So do you have something you wanted to address initially, Brett? [05:38.280 --> 05:41.140] No, nothing in particular. [05:41.140 --> 05:44.440] Let's go ahead and see what the callers have on their lines. [05:44.440 --> 05:50.360] I'm gonna want to talk about that latest lawyer letter you got, I really appreciate it so [05:50.360 --> 05:51.360] much. [05:51.360 --> 05:52.360] Okay. [05:52.360 --> 05:54.360] The churlish one. [05:54.360 --> 05:57.680] Yes, the churlish lawyer. [05:57.680 --> 05:58.680] Okay. [05:58.680 --> 05:59.680] Hello, Ms. Leslie. [05:59.680 --> 06:00.680] Hi, how are you? [06:00.680 --> 06:01.680] I am good. [06:01.680 --> 06:02.680] Can you hear me all right? [06:02.680 --> 06:03.680] What do you have for us? [06:03.680 --> 06:04.680] I can hear you just fine. [06:04.680 --> 06:05.680] Okay. [06:05.680 --> 06:06.680] What do you have for us today? [06:06.680 --> 06:07.680] A lot of interesting things about stupid lawyers. [06:07.680 --> 06:08.680] Remember Friday, we were talking about how they don't realize the things they do. [06:08.680 --> 06:09.680] Wait a minute. [06:09.680 --> 06:10.680] Wait a minute, Ms. Leslie. [06:10.680 --> 06:34.360] You're fading in and out. [06:34.360 --> 06:38.480] Remember on Friday, we were discussing how lawyers don't seem to understand the rules [06:38.480 --> 06:47.680] of civil procedure do not always apply when it comes to arbitration, because the rules [06:47.680 --> 06:57.040] of civil procedure are rigged into the arbitration law, the state and federal government rules [06:57.040 --> 07:01.600] of civil procedure, statutes on arbitration. [07:01.600 --> 07:08.940] And where it's not covered in the statute, then the civil rules apply, but there are [07:08.940 --> 07:16.840] things regarding service, and there are things regarding statutes of limitations, and there [07:16.840 --> 07:24.080] are things regarding...in specifics about service, because usually you can get served [07:24.080 --> 07:32.720] by process server, and that is sufficient, but if you're filing for a motion to vacate [07:32.720 --> 07:40.720] in a district where the party does not reside, you have to serve them after the court gives [07:40.720 --> 07:46.120] you an order for the U.S. marshal to serve them. [07:46.120 --> 07:51.120] They can't be served by process server, that's insufficient. [07:51.120 --> 07:52.120] That's very interesting. [07:52.120 --> 07:57.240] Yes, and that's if you're filing in the federal court. [07:57.240 --> 08:02.160] Now, if you're filing in a state court, it's different, and the rules are in the state [08:02.160 --> 08:04.840] court, and it's usually by sheriff. [08:04.840 --> 08:10.440] Now, we have an interesting case that I've been working on, and it's kept me busy all [08:10.440 --> 08:20.520] week, and the thing is that this lady had her...she had filed her award into the county [08:20.520 --> 08:24.200] court house as a foreign judgment. [08:24.200 --> 08:31.920] Now, you wouldn't think that an arbitration is to be considered a foreign judgment, but [08:31.920 --> 08:33.200] hear me out. [08:33.200 --> 08:43.320] When you read the laws regarding foreign judgment, it also covers anything that by statute can [08:43.320 --> 08:48.040] be accepted as a judgment, and that includes arbitration. [08:48.040 --> 08:54.000] So, she filed it as the arbitration award as a foreign judgment. [08:54.000 --> 08:56.160] It was created in Mississippi. [08:56.160 --> 08:59.040] She filed it in the state of Washington. [08:59.040 --> 09:00.040] It got... [09:00.040 --> 09:10.760] After she filed that she had served the parties, there's a requirement that you serve the party [09:10.760 --> 09:14.560] a notice of confirmation. [09:14.560 --> 09:18.160] It does not require that they respond. [09:18.160 --> 09:25.880] It requires that you just serve them, and immediately, if it's passed the 90-day statute [09:25.880 --> 09:35.120] of limitations to vacate, immediately the court is required to issue a confirmation, [09:35.120 --> 09:38.960] and she got her summary judgment into a confirmation. [09:38.960 --> 09:44.640] This was back about nine months ago. [09:44.640 --> 09:58.040] This past week, maybe it was Monday or Saturday, she was served only by a motion by mail that [09:58.040 --> 10:02.880] said that she had to appear in court in May 22nd. [10:02.880 --> 10:07.720] Now, she's had this judgment almost a year. [10:07.720 --> 10:12.000] She hasn't done anything to execute it yet. [10:12.000 --> 10:19.040] So, when they sent this motion, this motion is to strike her filing of a foreign judgment [10:19.040 --> 10:21.240] because it's not an actual judgment. [10:21.240 --> 10:26.900] Here she already has it confirmed, and they're trying to file something that would prevent [10:26.900 --> 10:29.840] it from being confirmed after it's confirmed. [10:29.840 --> 10:43.400] They did not file a rule to request a motion for relief from judgment or a motion to open [10:43.400 --> 10:47.320] a judgment or anything like that. [10:47.320 --> 10:58.840] She's calling for a motion to strike the notice of confirmation, and she doesn't realize that [10:58.840 --> 11:04.240] the notice of confirmation she's asking her to strike, the court to strike, is a notice [11:04.240 --> 11:09.280] like you would get when somebody's going to sue you, a notice to, not a notice to appear, [11:09.280 --> 11:10.920] but a notice to defend. [11:10.920 --> 11:16.120] That's not what this, that's a similar thing in arbitration, is a notice confirmation. [11:16.120 --> 11:22.560] It means that you have filed something in a court that you intend to have this award [11:22.560 --> 11:27.400] confirmed, and now she's asking them to strike it because it wasn't confirmed, but it's already [11:27.400 --> 11:28.400] been confirmed. [11:28.400 --> 11:29.840] Can you make any sense of this? [11:29.840 --> 11:33.520] I mean, this is a lawyer doing it. [11:33.520 --> 11:34.520] No, stop. [11:34.520 --> 11:38.640] Well, there's a presumption there that lawyers actually know what they're doing. [11:38.640 --> 11:42.240] This one doesn't, not in the first instance. [11:42.240 --> 11:46.240] Yeah, so you're asking me to make sense of something when the lawyer doesn't know what [11:46.240 --> 11:47.240] he's doing. [11:47.240 --> 11:49.240] It's what it sounds like. [11:49.240 --> 11:50.240] Yeah. [11:50.240 --> 11:51.240] Exactly. [11:51.240 --> 11:53.560] So you know what I told her to do? [11:53.560 --> 11:55.640] This should get a frivolous plea to you. [11:55.640 --> 11:56.640] Sanctions. [11:56.640 --> 12:00.880] Oh yes, we'll do that now. [12:00.880 --> 12:08.220] But tomorrow, or today she was supposed to do this, and tomorrow she is going to go and [12:08.220 --> 12:11.520] get a certified copy of the judgment. [12:11.520 --> 12:18.640] She's gonna get the writ of execution signed, and then she's going to the sheriff to foreclose [12:18.640 --> 12:20.600] on their biggest office building in town. [12:20.600 --> 12:32.200] A guy in Fort Worth did that to the IRS. [12:32.200 --> 12:35.040] A guy in Fort Worth did that to the IRS. [12:35.040 --> 12:39.320] They were supposed to send him a $6,000 check and didn't, and he went to their office and [12:39.320 --> 12:43.280] the sheriff started carrying furniture out of their office. [12:43.280 --> 12:44.280] Yep. [12:44.280 --> 12:47.560] They got him a check. [12:47.560 --> 12:48.560] I told her. [12:48.560 --> 12:52.840] I said, you go right ahead, I said, can you make sure you get it done? [12:52.840 --> 12:53.840] Yeah. [12:53.840 --> 12:54.840] Yes, they got a check quickly. [12:54.840 --> 12:55.840] Yeah. [12:55.840 --> 13:04.040] They did that on the same bank located in Florida when they refused to pay a legal bill. [13:04.040 --> 13:09.640] This woman had been foreclosed and she never had bought the house for the mortgage at all. [13:09.640 --> 13:15.280] She bought it from this bank and paid cash for the house. [13:15.280 --> 13:19.160] And then they tried to foreclose and six months later, the judge took it out, but gave them [13:19.160 --> 13:23.120] her attorney fee, said that you have to pay their attorney fee. [13:23.120 --> 13:24.760] Well, the bank never would. [13:24.760 --> 13:30.080] So, she got her lawyer, went to the judge and got a writ of execution and went down [13:30.080 --> 13:36.720] there with her in a bunch of moving vans and started to get foreclosed on the bank. [13:36.720 --> 13:45.160] And the bank manager locked himself in his office and got on the horn to the main office [13:45.160 --> 13:52.040] and they gave her a check right there and then they gave the, a sheriff a check. [13:52.040 --> 13:53.040] Yeah. [13:53.040 --> 13:54.040] Funny. [13:54.040 --> 13:55.040] Funny how that works. [13:55.040 --> 14:01.040] I told her, I said, yeah, I said, you have to do this before you have your hearing. [14:01.040 --> 14:06.560] And then when you go for the hearing, you know, and then I made out a, you know, a scenario [14:06.560 --> 14:07.560] for her. [14:07.560 --> 14:08.880] I said, this is what you want to have for your opening statement. [14:08.880 --> 14:11.960] And if she says this, this is what you have to say. [14:11.960 --> 14:17.120] So I, I more or less walked her through it because I'm not going to be able to be there. [14:17.120 --> 14:21.960] I'm too far down here and I'm not going to Washington State for anything. [14:21.960 --> 14:22.960] My cousin got COVID. [14:22.960 --> 14:33.920] I am surprised that how often courts and lawyers and judges, when you do something that's not [14:33.920 --> 14:43.040] usual, they simply have no idea what's going on, Don Terry, who has a show on this network, [14:43.040 --> 14:46.920] filed a petition for declaratory judgment. [14:46.920 --> 14:51.240] And they asked, they sent him a letter, the standard letter, asking him to authorize the [14:51.240 --> 14:57.200] magistrate and he talked to me and I said, sure, this is real easy. [14:57.200 --> 15:02.920] Don Terry filed a federal suit against two police officers, challenging the validity [15:02.920 --> 15:08.920] of the transportation code as it applies to a private individual. [15:08.920 --> 15:14.360] And because he filed that suit, they charged him with two felonies. [15:14.360 --> 15:24.620] The stated reason for the felonies was that he filed a federal lawsuit and it intimidated [15:24.620 --> 15:27.860] the officers. [15:27.860 --> 15:32.280] So they charged him with two felonies and held him in jail for 11 months. [15:32.280 --> 15:40.700] So we filed a petition for declaratory judgment, asking the court to rule that the filing of [15:40.700 --> 15:47.480] a federal lawsuit can never be construed as a crime. [15:47.480 --> 15:56.480] They sent it to the magistrate and the magistrate referred it back to the judge saying that [15:56.480 --> 16:03.280] the petition failed a state of claim in which recovery can be had. [16:03.280 --> 16:04.680] Duh! [16:04.680 --> 16:14.840] Apparently, he didn't read it because we cited the Declaratory Judgment Act and all [16:14.840 --> 16:24.720] the necessary law and he just could not wrap his head around something that wasn't a civil [16:24.720 --> 16:25.720] complaint. [16:25.720 --> 16:31.560] He declared it a civil complaint and sent it back to the judge. [16:31.560 --> 16:39.860] So today I was writing a response and I could not find a way to write the response where [16:39.860 --> 16:51.400] I didn't imply that the magistrate didn't have enough sense to pour urine out of a boot. [16:51.400 --> 16:52.400] Hang on. [16:52.400 --> 16:57.360] I'm going to our sponsors, Randy Carlton, Brett Fountain. [16:57.360 --> 17:03.880] We'll be right back. [17:03.880 --> 17:09.800] It's the 2019 Logos Radio Network annual fundraiser and gun giveaway, sponsored by Central Texas [17:09.800 --> 17:10.800] Gunworks. [17:10.800 --> 17:14.440] Go to LogosRadioNetwork.com and enter to win. [17:14.440 --> 17:16.080] Any amount is appreciated. [17:16.080 --> 17:18.080] Everything helps to keep us on the air. [17:18.080 --> 17:24.520] From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15. [17:24.520 --> 17:27.080] More prizes and sponsors to be announced. [17:27.080 --> 17:30.280] Every $25 donation is a chance to win. [17:30.280 --> 17:35.840] When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win. [17:35.840 --> 17:39.560] Purchase Eddie Craig's traffic seminar and get 10 chances to win. [17:39.560 --> 17:44.120] If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can [17:44.120 --> 17:48.480] keep bringing you the best quality programming on talk radio today. [17:48.480 --> 17:51.400] We also accept Bitcoin and other cryptocurrencies. [17:51.400 --> 17:55.240] And remember, every $25 donation is a chance to win. [17:55.240 --> 18:01.240] Go to LogosRadioNetwork.com for details and donate today. [18:01.240 --> 18:05.560] Logos Radio Network welcomes a new show to our lineup for the new year. [18:05.560 --> 18:11.800] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time. [18:11.800 --> 18:14.880] Our goal is in accord with Matthew 5 16. [18:14.880 --> 18:19.900] Let your light so shine before men that they may see your good works and glorify your Father [18:19.900 --> 18:21.440] which is in heaven. [18:21.440 --> 18:26.240] We wish to reflect God's light and be a blessing to all those with a hearing ear. [18:26.240 --> 18:31.800] Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed [18:31.800 --> 18:34.920] to provoke unto love and good works. [18:34.920 --> 18:39.300] Our verse by verse Bible studies will begin in the book of Matthew where we will discuss [18:39.300 --> 18:41.080] one chapter per week. [18:41.080 --> 18:46.160] Our topical Bible studies will vary each week and will explore sound doctrine as well as [18:46.160 --> 18:48.380] Christian character development. [18:48.380 --> 18:54.200] So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to [18:54.200 --> 19:22.840] 10 p.m. starting January 8 for an inspiring and motivating discussion of the Scriptures. [19:22.840 --> 19:52.520] Okay, we are back. [19:52.520 --> 19:58.480] Randy Kelton, Brett Fountain, Rule of Law Radio on this Thursday, the 30th day of April [19:58.480 --> 19:59.480] 2020. [19:59.480 --> 20:08.440] And we're talking to Leslie in Pennsylvania, no, Leslie in Yuma, Arizona, Leslie used to [20:08.440 --> 20:10.720] be in Pennsylvania. [20:10.720 --> 20:15.720] And on the break, Brett had a question and he was wondering if you could extrapolate [20:15.720 --> 20:16.720] on this. [20:16.720 --> 20:22.040] And I assured him that one thing you can get Miss Leslie to do is extrapolate. [20:22.040 --> 20:23.520] You asked this question. [20:23.520 --> 20:24.800] Randy Kelton Sure. [20:24.800 --> 20:30.640] Leslie, I was wondering, you mentioned something a moment ago about arbitration rules and how [20:30.640 --> 20:35.920] the arbitration rules kick in where they are defined and then where they're not, then you [20:35.920 --> 20:38.360] fall back to the civil rules. [20:38.360 --> 20:45.360] And I was wondering, could you, do you have handy the legal support for that, the authority [20:45.360 --> 20:49.280] that says that that's the way this works? [20:49.280 --> 20:53.760] I'm wondering if what you have for that could also be useful in criminal because we got [20:53.760 --> 20:58.360] some lawyers that just act so ignorant about that. [20:58.360 --> 21:04.680] Randy Kelton Oh, hold on, let me, I forgot to unmute her. [21:04.680 --> 21:08.080] Okay, I'm sorry, Miss Leslie, I didn't have you unmuted. [21:08.080 --> 21:19.440] Okay, they're nine USB nine, there is a, it's describing how they get a confirmation, but [21:19.440 --> 21:24.480] when you go down there, it tells you exactly at what time period in within one year to [21:24.480 --> 21:25.480] get it confirmed. [21:25.480 --> 21:33.720] You must file within one year, then it tells you how to file it and where to file it. [21:33.720 --> 21:38.080] If no court is specified in the agreement, then it has to be the United States court [21:38.080 --> 21:45.720] in and for the district within such a word was made, that is very specific, okay. [21:45.720 --> 21:54.360] The other thing is that it says that if the adverse party is the, notice of application [21:54.360 --> 22:02.440] shall be, no, it's not a motion, a notice to what you call respond, but a notice of [22:02.440 --> 22:08.760] the application shall be served upon the adverse party and the court then should have jurisdiction [22:08.760 --> 22:11.520] of such a party as though he appeared generally. [22:11.520 --> 22:16.600] If the party is a resident of the district wherein the award was made, such service shall [22:16.600 --> 22:22.360] be upon the birth party or his attorney as prescribed by law for service of notice of [22:22.360 --> 22:25.360] motion in the action in this same court. [22:25.360 --> 22:31.520] However, if the adverse party shall be a non-resident, then the notice of application shall be served [22:31.520 --> 22:38.080] by the U.S. Marshal of any district within which the adverse party may be found. [22:38.080 --> 22:40.840] Now, they missed that. [22:40.840 --> 22:46.720] When they go in, this is where they always miss, under USC 10, all they read is under [22:46.720 --> 22:50.160] what they can get it vacated for. [22:50.160 --> 22:56.600] They missed the first paragraph that says in any of the following cases, the United [22:56.600 --> 23:06.280] States courts in and for the district wherein the award was made, that is the only court [23:06.280 --> 23:14.560] in statute that may order a, prepare an order vacating the award, they don't believe that. [23:14.560 --> 23:24.520] But when you go to number 12 in the U.S., in USC 9, it says that the notice to vacate, [23:24.520 --> 23:30.480] require correct award must be served within two, three months after the award was filed. [23:30.480 --> 23:32.560] They never look at that. [23:32.560 --> 23:35.320] They never look past number 10. [23:35.320 --> 23:37.400] And then they go the same way. [23:37.400 --> 23:42.440] If the party is a resident of the district wherein the award was made, service is the [23:42.440 --> 23:45.600] same as anything else in that court. [23:45.600 --> 23:52.520] If the adverse party is a non-resident, then they must be served by U.S. Marshal, okay? [23:52.520 --> 24:01.200] Then it goes into U.S. Code 13. [24:01.200 --> 24:06.900] What papers do you need to file to get an order to confirm? [24:06.900 --> 24:10.920] And it gives you the list, okay? [24:10.920 --> 24:20.560] Now under those things, that's where it supersedes all other rules of civil procedure, the federal [24:20.560 --> 24:22.720] rules of civil procedure. [24:22.720 --> 24:23.720] Because the delivery rules- [24:23.720 --> 24:28.440] I guess what I was looking for is something that specifically says that we're gonna fall [24:28.440 --> 24:35.600] back to the civil procedure rules if there's nothing specified here. [24:35.600 --> 24:41.680] We're gonna fall back and we're gonna sort of fill in the holes using the default, the [24:41.680 --> 24:42.680] civil. [24:42.680 --> 24:43.680] There is a rule- [24:43.680 --> 24:47.680] Isn't that in the civil rules that they apply unless something else preempts them? [24:47.680 --> 24:52.600] It's in the civil rules of procedure, I think, that they're made something that is unless [24:52.600 --> 24:55.600] authorized by statute, is usually what they say. [24:55.600 --> 24:58.280] And this is where it's authorized by statute. [24:58.280 --> 24:59.280] Gotcha. [24:59.280 --> 25:00.280] Okay. [25:00.280 --> 25:02.280] I'll look that up. [25:02.280 --> 25:03.280] Okay. [25:03.280 --> 25:08.480] Now, states also have the same thing. [25:08.480 --> 25:13.640] They have what they call the uniform, I see we have the Federal Arbitration Act, and then [25:13.640 --> 25:20.280] they have the Uniform Arbitration Act, where most all states have applied it like they [25:20.280 --> 25:21.280] do the UCC. [25:21.280 --> 25:24.400] A couple of the little things might be different. [25:24.400 --> 25:26.400] The wording might be slightly different. [25:26.400 --> 25:32.440] Like in, for instance, Pennsylvania, they do have separate issues or separate statutes [25:32.440 --> 25:34.760] for common law. [25:34.760 --> 25:42.720] All of the arbitrations we have for Dale Whitman are done in Pennsylvania, in Philadelphia [25:42.720 --> 25:46.800] County, or the Philadelphia area. [25:46.800 --> 25:58.640] And so they come under the common law arbitration statutes that are available in Pennsylvania. [25:58.640 --> 26:03.520] I haven't seen any other ones where they have, I'm not saying they aren't any, I'm saying [26:03.520 --> 26:10.240] I have looked at several state arbitration statutes under the UAA, and they're not like [26:10.240 --> 26:11.240] Pennsylvania. [26:11.240 --> 26:14.960] That's the one place they're different. [26:14.960 --> 26:18.600] They have a lot of similar things regarding witnesses that can be called for an arbitration [26:18.600 --> 26:26.600] hearing and depositions that can be called for an arbitration hearing, and they're all [26:26.600 --> 26:27.960] the same. [26:27.960 --> 26:33.400] And the process is the same, but there is a difference when you get down to the common [26:33.400 --> 26:34.560] law arbitration. [26:34.560 --> 26:42.520] The requirements are different, and it's much simpler because all you do is 30 days after [26:42.520 --> 26:47.000] the hearing, you go and you get it confirmed, period. [26:47.000 --> 26:51.680] No 90 days, everybody else has to wait 90 days, but in Pennsylvania under common law, [26:51.680 --> 26:52.680] you don't. [26:52.680 --> 27:00.280] So I don't understand that, but that's the way it is. [27:00.280 --> 27:03.000] You know, it's different everywhere. [27:03.000 --> 27:07.240] We have people who have tried in many courts. [27:07.240 --> 27:13.120] We have a couple in Utah that are now in the court of appeals. [27:13.120 --> 27:14.760] I don't know how it's going to turn out. [27:14.760 --> 27:20.720] I hope it turns out well for them because this is the thing. [27:20.720 --> 27:28.520] They had an arbitration hearing, and after the hearing, the arbitrator sent out the... [27:28.520 --> 27:34.320] Wait, wait, hold on, you're fading in and out pretty bad there, and I'm using my mic [27:34.320 --> 27:35.320] to make sure it doesn't... [27:35.320 --> 27:36.640] I don't know why. [27:36.640 --> 27:43.240] If I have noise on my end, if you have noise on your end, it'll dampen the caller. [27:43.240 --> 27:47.200] So make sure you're not turning away from the mic. [27:47.200 --> 27:49.200] Do you want me to start again? [27:49.200 --> 27:50.200] I got the mic. [27:50.200 --> 27:53.200] It's permanently on my head. [27:53.200 --> 27:55.080] Oh, okay. [27:55.080 --> 27:56.080] And that's not it. [27:56.080 --> 27:57.080] Maybe it's the connection. [27:57.080 --> 27:58.080] Okay, I'm sorry. [27:58.080 --> 27:59.080] I'll shut up now. [27:59.080 --> 28:00.080] Go ahead. [28:00.080 --> 28:01.080] Yeah. [28:01.080 --> 28:02.080] The connection of the head? [28:02.080 --> 28:03.080] Okay. [28:03.080 --> 28:11.800] This couple in Utah had an arbitration. [28:11.800 --> 28:19.040] When they got their arbitration award, the arbitrator had a notary present the award [28:19.040 --> 28:21.040] to the bank. [28:21.040 --> 28:29.840] The bank went and put it into their foreclosure lawsuit and didn't ask the court to do anything [28:29.840 --> 28:41.320] with it, which they could have, because it was, at that time, a Pennsylvania arbitration [28:41.320 --> 28:47.880] that was...because the people were in Pennsylvania and it was created in Eastern District of [28:47.880 --> 28:48.880] California. [28:48.880 --> 28:49.880] Yeah. [28:49.880 --> 28:51.840] So they had it filed there. [28:51.840 --> 28:57.440] Well, the couple waited about 100 days or more, and then they filed it into the court [28:57.440 --> 29:02.920] in Utah after they got their award, because they had just moved there. [29:02.920 --> 29:05.760] And when she filed it... [29:05.760 --> 29:06.760] Oh, okay. [29:06.760 --> 29:10.080] That was a question I was going to ask, because you've talked about these before, where they're [29:10.080 --> 29:18.880] filed in one court, and then somehow the case gets in another court, it's not the one they [29:18.880 --> 29:24.640] filed in, and I had a question about how the jurisdictions get changed. [29:24.640 --> 29:32.800] In this case, because at the time they filed, they lived in Utah, and the way the contract [29:32.800 --> 29:35.840] was written is they have complete control and... [29:35.840 --> 29:38.160] Wait a minute, Lesley, you're losing me altogether. [29:38.160 --> 29:42.920] Brett, can you mute out in case there's some subtle sound in the background? [29:42.920 --> 29:43.920] Yeah. [29:43.920 --> 29:45.520] I'll mute out. [29:45.520 --> 29:48.120] I've been muted, actually. [29:48.120 --> 29:49.120] Okay. [29:49.120 --> 29:50.600] Then this has to be... [29:50.600 --> 29:51.600] Okay. [29:51.600 --> 29:56.240] Go ahead, Ms. Lesley, I'm going to mute you out to make sure there's no sound in my background [29:56.240 --> 29:58.240] causing this. [29:58.240 --> 29:59.600] Okay. [29:59.600 --> 30:06.360] Businesses ask you for a lot of personal information, and you may trust them to keep it safe, but [30:06.360 --> 30:11.040] it turns out that even the most trusted companies may be unwittingly revealing your secrets. [30:11.040 --> 30:15.920] I'm Dr. Catherine Albrecht, and I'll be right back with details. [30:15.920 --> 30:17.500] Privacy is under attack. [30:17.500 --> 30:21.100] When you give up data about yourself, you'll never get it back again. [30:21.100 --> 30:25.880] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.880 --> 30:31.040] So protect your rights, say no to surveillance, and keep your information to yourself. [30:31.040 --> 30:33.640] Privacy, it's worth hanging onto. [30:33.640 --> 30:37.920] This public service announcement is brought to you by StartPage.com, the private search [30:37.920 --> 30:41.480] engine alternative to Google, Yahoo, and Bing. [30:41.480 --> 30:45.160] Start over with StartPage. [30:45.160 --> 30:49.920] Social privacy is a big deal, so nearly every company has a policy explaining how they handle [30:49.920 --> 30:51.720] your personal information. [30:51.720 --> 30:54.360] But what happens if it escapes their control? [30:54.360 --> 30:55.760] It's not an idle question. [30:55.760 --> 31:01.160] According to a recent survey, a shocking 90% of U.S. companies admit their security was [31:01.160 --> 31:03.960] breached by hackers in the last year. [31:03.960 --> 31:07.280] That's one more reason you should trust your searches to StartPage.com. [31:07.280 --> 31:12.040] Unlike other search engines, StartPage doesn't store any data on you. [31:12.040 --> 31:15.520] They've never been hacked, but even if they were, there would be nothing for criminals [31:15.520 --> 31:16.520] to see. [31:16.520 --> 31:17.640] The cupboard would be bare. [31:17.640 --> 31:21.120] Too bad other companies don't treat your data the same way. [31:21.120 --> 31:23.080] I'm Dr. Catherine Albrecht. [31:23.080 --> 31:30.800] More news and information at CatherineAlbrecht.com. [31:30.800 --> 31:31.800] I lost my son. [31:31.800 --> 31:32.800] My nephew. [31:32.800 --> 31:33.800] My uncle. [31:33.800 --> 31:34.800] My son. [31:34.800 --> 31:35.800] On September 11, 2001. [31:35.800 --> 31:38.960] Most people don't know that a third tower fell on September 11. [31:38.960 --> 31:42.020] World Trade Center 7, a 47 story skyscraper. [31:42.020 --> 31:43.200] Was not hit by a plane. [31:43.200 --> 31:47.040] Although the official explanation is that fire brought down Building 7. [31:47.040 --> 31:51.840] Over 1,200 architects and engineers have looked into the evidence and believe there is more [31:51.840 --> 31:52.840] to the story. [31:52.840 --> 31:54.240] Bring justice to my son. [31:54.240 --> 31:55.240] My uncle. [31:55.240 --> 31:56.240] My nephew. [31:56.240 --> 31:57.240] My son. [31:57.240 --> 31:58.240] Go to buildingwhat.org. [31:58.240 --> 32:01.080] Why it fell, why it matters, and what you can do. [32:01.080 --> 32:05.200] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:05.200 --> 32:07.560] In today's America, we live in an us against them society. [32:07.560 --> 32:11.040] And if we the people are ever going to have a free society, then we're going to have to [32:11.040 --> 32:13.040] stand and defend our own rights. [32:13.040 --> 32:16.240] Among those rights are the right to travel freely from place to place, the right to act [32:16.240 --> 32:20.280] in our own private capacity, and most importantly, the right to due process of law. [32:20.280 --> 32:24.120] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:24.120 --> 32:25.440] our rights through due process. [32:25.440 --> 32:29.480] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:29.480 --> 32:33.260] most comprehensive teaching tool available that will help you understand what due process [32:33.260 --> 32:35.640] is and how to hold the courts to the rule of law. [32:35.640 --> 32:39.680] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.680 --> 32:41.200] ordering your copy today. [32:41.200 --> 32:44.240] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:44.240 --> 32:48.720] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.720 --> 32:51.040] documents and other useful resource material. [32:51.040 --> 32:54.400] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.400 --> 33:02.920] Order your copy today and together we can have the free society we all want and deserve. [33:02.920 --> 33:06.280] Live free speech radio, logosradionetwork.com. [33:06.280 --> 33:13.280] Yeah, Mr. Officer, you're taking the law in your hand. [33:13.280 --> 33:22.280] Won't you follow the law of the land? [33:22.280 --> 33:25.280] I don't understand. [33:25.280 --> 33:32.280] Your job is to protect and preserve, not be a abuse. [33:32.280 --> 33:33.280] Officer! [33:33.280 --> 33:39.280] When you gonna stop abuse your power? [33:39.280 --> 33:45.280] When you gonna stop abuse your power? [33:45.280 --> 33:50.280] When you gonna stop abuse your power? [33:50.280 --> 33:56.280] When you gonna stop abuse your power? [33:56.280 --> 34:02.280] So please Mr. Mack, let each officer have to abuse their power. [34:02.280 --> 34:07.280] Send a request to the leader, the captain of all officers. [34:07.280 --> 34:13.280] Tell them to uphold the law, or please don't abuse their power. [34:13.280 --> 34:19.280] The beat and the beat and the cheat and the cheat and the lie every hour. [34:19.280 --> 34:26.580] Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ms. [34:26.580 --> 34:33.080] Leslie in Arizona and we were trying to isolate a problem with Ms. Leslie fading in and out [34:33.080 --> 34:35.080] and it turns out she wasn't. [34:35.080 --> 34:40.980] Debra tells us that she's going out okay, it's just that Brett and I are both up in [34:40.980 --> 34:47.080] the Dallas area, we may have a internet issue between us and Austin. [34:47.080 --> 34:50.080] Okay, go ahead, Leslie. [34:50.080 --> 34:57.580] Okay, I was thinking about the Utah case that everybody was watching and the reason they [34:57.580 --> 35:04.080] were watching it is because this couple had their award put into their foreclosure by [35:04.080 --> 35:09.080] the bank and the bank didn't ask the court to do anything with it. [35:09.080 --> 35:14.580] The court didn't file anything in the Eastern District of California that would say they [35:14.580 --> 35:16.080] wanted to vacate the award. [35:16.080 --> 35:22.080] They knew they had it, they put it into another court case, they failed to file any motion [35:22.080 --> 35:29.080] to vacate the award for any reason that they thought was applicable, so the couple waited [35:29.080 --> 35:38.580] 100 days and then they filed into the federal court in Utah because their contract said [35:38.580 --> 35:45.080] that they have complete control over where they can file because that's what ruled. [35:45.080 --> 35:52.080] Whatever the contract says as far as confirmation, anything else cannot be, that is the only [35:52.080 --> 36:00.580] thing as far as that for the district court, you can specify in your contract where you [36:00.580 --> 36:07.080] want to have it confirmed, so they had complete control over that so they put it into the [36:07.080 --> 36:09.080] Utah court. [36:09.080 --> 36:18.580] Now they filed a notice, they mailed the notice and served the Utah representative of the [36:18.580 --> 36:30.080] bank and as soon as they filed an appearance, the judge dismissed the case saying that it [36:30.080 --> 36:39.580] was fraudulent, it was...the award was...you name it, he said it and so we took it to the [36:39.580 --> 36:51.580] court of appeals and in the court of appeals, everything that he had gone through, we countered [36:51.580 --> 36:52.580] with. [36:52.580 --> 36:58.080] He didn't even ask us, you know, he didn't give us an opportunity to say anything about [36:58.080 --> 37:03.080] what he was, you know, they have already, what would you call it, accepted the contract, [37:03.080 --> 37:09.080] they accepted the award, they had the award, they put it into other court cases, they are [37:09.080 --> 37:13.080] stopped from any kind of objection. [37:13.080 --> 37:20.080] The Supreme Court of the United States says that you're supposed to confirm the award. [37:20.080 --> 37:26.080] If there's no order to vacate the award, you must confirm it. [37:26.080 --> 37:33.080] Now, this implicates...Leslie, this implicates constitutional. [37:33.080 --> 37:42.080] There is a constitutional prohibition forbidding the courts to interfere with a private contract. [37:42.080 --> 37:47.080] This was the contract the judge interfered with. [37:47.080 --> 37:51.080] He defiled against the judge. [37:51.080 --> 37:57.080] Well, they're going to after, you know, after they're done with the court of appeals, that's [37:57.080 --> 37:58.080] their next project. [37:58.080 --> 37:59.080] Good. [37:59.080 --> 38:03.080] Because it goes on and on because they... [38:03.080 --> 38:04.080] Okay. [38:04.080 --> 38:14.080] When I filed criminal charges against federal judge McBride in Fort Worth, that really got [38:14.080 --> 38:16.080] his attention. [38:16.080 --> 38:21.080] So, it does work when they get a call from the FBI. [38:21.080 --> 38:26.080] And any complaint you file against the judge, the judge is going to get a call from the [38:26.080 --> 38:27.080] FBI. [38:27.080 --> 38:35.080] They didn't even wait for the other party to respond to the application. [38:35.080 --> 38:38.080] They just still respond to you. [38:38.080 --> 38:41.080] The same day that they appeared, he dropped the case. [38:41.080 --> 38:42.080] He dismissed the case. [38:42.080 --> 38:43.080] The same day. [38:43.080 --> 38:51.080] That's why I'm saying, that's why I'm saying he didn't enter a judgment and in entering [38:51.080 --> 38:55.080] the judgment failed to properly apply the law to the facts. [38:55.080 --> 38:57.080] That's not what he did. [38:57.080 --> 39:03.080] He used to respond to preemptively interfere with your private contract. [39:03.080 --> 39:06.080] He nullified your contract. [39:06.080 --> 39:13.080] He had no motion asking him to nullify your contract. [39:13.080 --> 39:16.080] He did that on his own. [39:16.080 --> 39:20.080] That's not something he has power to do. [39:20.080 --> 39:28.080] That's a direct violation of the prohibition in the US Constitution against the government [39:28.080 --> 39:30.080] interfering with private contracts. [39:30.080 --> 39:36.080] As soon as you get this past this judge, and when I said file criminal charges, not now. [39:36.080 --> 39:41.080] If you file them now, the court of appeals is going to want to protect the judge so they'll [39:41.080 --> 39:42.080] rule against you. [39:42.080 --> 39:49.080] But after you get the apparent ruling, especially if it comes back in your favor, then it's [39:49.080 --> 39:50.080] time to hammer the judge. [39:50.080 --> 39:54.080] Because when that kind of stuff happens, everybody finds out about it. [39:54.080 --> 39:59.080] I suspect everybody knows I filed criminal charges against Judge McBride. [39:59.080 --> 40:00.080] That is so rare. [40:00.080 --> 40:03.080] Anyway, I'll stop interrupting now. [40:03.080 --> 40:17.080] There was another case where this fellow was awarded against a car manufacturer finance [40:17.080 --> 40:18.080] company. [40:18.080 --> 40:28.080] And as soon as they got the award, they filed it in Utah, of all places, when it was created [40:28.080 --> 40:33.080] in Arizona, and the party lived in Texas. [40:33.080 --> 40:40.080] So they served him by process server for a case in Utah, which you're not supposed to [40:40.080 --> 40:51.080] do under the FAA, which is 9 USC 9. [40:51.080 --> 40:59.400] So that means the judge left subject matter jurisdiction ab initio. [40:59.400 --> 41:02.080] Not just subject matter in personam jurisdiction. [41:02.080 --> 41:08.400] He didn't have jurisdiction to vacate the award because it wasn't created. [41:08.400 --> 41:12.160] If he had subject matter, he would have in personam. [41:12.160 --> 41:14.760] But he didn't have subject matter. [41:14.760 --> 41:18.080] They couldn't get past the front door. [41:18.080 --> 41:19.080] Exactly. [41:19.080 --> 41:30.080] So he filed at arm's length to the court, he filed a motion to dismiss, and it was said [41:30.080 --> 41:39.880] the judge gave the opposition till June, believe it or not, to file specific answers to each [41:39.880 --> 41:46.320] and every item that he brought out in his motion to dismiss. [41:46.320 --> 41:52.520] And before that was due, which hasn't even occurred yet, they filed a motion to transfer [41:52.520 --> 41:53.920] the case to Texas. [41:53.920 --> 41:58.360] Well, I don't know what they're going to do with it in Texas, except get another motion [41:58.360 --> 42:01.360] to dismiss for lack of subject matter jurisdiction. [42:01.360 --> 42:04.600] Too late, too late. [42:04.600 --> 42:13.460] If it's filed in the wrong jurisdiction, the judge in that jurisdiction has no power to [42:13.460 --> 42:16.800] move it to another jurisdiction. [42:16.800 --> 42:21.880] It must be vacated and refiled in the proper jurisdiction. [42:21.880 --> 42:22.880] Cannot be moved. [42:22.880 --> 42:34.040] Well, he's filing those kinds of papers, lack of jurisdiction, to even transfer. [42:34.040 --> 42:38.720] A motion to move it to a proper jurisdiction is a frivolous motion. [42:38.720 --> 42:44.520] It can't be construed that the lawyer doesn't know better. [42:44.520 --> 42:53.040] If it's filed in the wrong jurisdiction, and that judge has no power other than to dismiss, [42:53.040 --> 42:56.440] he can do nothing else. [42:56.440 --> 43:01.000] He cannot transfer, and these lawyers absolutely have to know that. [43:01.000 --> 43:05.720] That should get a motion for sanctions. [43:05.720 --> 43:14.880] And that's essentially admission on the part of the lawyers that they filed in the wrong [43:14.880 --> 43:15.880] jurisdiction. [43:15.880 --> 43:16.880] Okay. [43:16.880 --> 43:18.880] I'll shut up now. [43:18.880 --> 43:19.880] Exactly. [43:19.880 --> 43:26.680] Well, he can't transfer jurisdiction he never had, period. [43:26.680 --> 43:38.680] So when this fellow, they gave him until like the 5th of May to respond to this pleading, [43:38.680 --> 43:43.440] and he's gonna file another motion to dismiss for lack of jurisdiction. [43:43.440 --> 43:47.280] Because they transferred it, they still don't have subject matter jurisdiction to begin [43:47.280 --> 43:48.280] with. [43:48.280 --> 43:53.080] And if they transferred it to Arizona, they still wouldn't have the jurisdiction to begin [43:53.080 --> 43:57.320] with because he wasn't served by U.S. Marshals. [43:57.320 --> 44:00.120] Okay, wait, wait, wait, he said he's gonna file a- [44:00.120 --> 44:01.120] I love logos. [44:01.120 --> 44:04.680] Without the shows on this network, I'd be almost as ignorant as my friends. [44:04.680 --> 44:07.320] I'm so addicted to the truth now that there's no going back. [44:07.320 --> 44:08.560] I need my truth fixed. [44:08.560 --> 44:10.520] I'd be lost without logos. [44:10.520 --> 44:13.240] And I really want to help keep this network on the air. [44:13.240 --> 44:17.000] I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't [44:17.000 --> 44:20.360] have any money to give because I spent it all on supplements. [44:20.360 --> 44:21.960] How can I help logos? [44:21.960 --> 44:23.920] Well, I'm glad you asked. [44:23.920 --> 44:27.160] Whenever you order anything from Amazon, you can help logos. [44:27.160 --> 44:31.360] When ordering your supplies or holiday gifts, first thing you do is clear your cookies. [44:31.360 --> 44:37.760] Now, go to logosradionetwork.com, click on the Amazon logo, and bookmark it. [44:37.760 --> 44:43.400] Now when you order anything from Amazon, you use that link, and logos gets a few pesos. [44:43.400 --> 44:44.400] Do I pay extra? [44:44.400 --> 44:45.400] No. [44:45.400 --> 44:47.040] Do I have to do anything different when I order? [44:47.040 --> 44:48.040] No. [44:48.040 --> 44:49.040] Can I use my Amazon pride? [44:49.040 --> 44:50.040] No. [44:50.040 --> 44:51.040] I mean, yes. [44:51.040 --> 44:52.040] Wow. [44:52.040 --> 44:55.880] Giving without doing anything or spending any money, this is perfect. [44:55.880 --> 44:56.880] Thank you so much. [44:56.880 --> 44:57.880] You're welcome. [44:57.880 --> 44:58.880] Happy holidays, logos. [44:58.880 --> 45:04.480] Are you the plaintiff or defendant in a lawsuit? [45:04.480 --> 45:09.720] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [45:09.720 --> 45:15.040] four CD course that will show you how in 24 hours, step by step. [45:15.040 --> 45:19.440] If you have a lawyer, know what your lawyer should be doing. [45:19.440 --> 45:23.080] If you don't have a lawyer, know what you should do for yourself. [45:23.080 --> 45:28.080] Thousands have won with our step by step course, and now you can too. [45:28.080 --> 45:34.640] Juris Dictionary was created by a licensed attorney with 22 years of case winning experience. [45:34.640 --> 45:39.400] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.400 --> 45:43.640] principles and practices that control our American courts. [45:43.640 --> 45:49.880] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.880 --> 45:52.680] pro se tactics, and much more. [45:52.680 --> 46:14.920] Please visit RuleOfLawRadio.com and click on the banner or call toll-free 866-LAW-EASY. [46:14.920 --> 46:31.040] If you did not have any problems, where are you going to look for one? [46:31.040 --> 46:48.640] Okay, we are back. [46:48.640 --> 46:57.120] Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 30th day of April 2020. [46:57.120 --> 47:03.760] And we're talking to Ms. Leslie, aka Bad Grandma from Yuma. [47:03.760 --> 47:07.480] Okay, go ahead, Ms. Leslie. [47:07.480 --> 47:13.040] Okay, I was talking about this case in Texas, but it's now in Texas, originally it was filed [47:13.040 --> 47:14.040] in Utah. [47:14.040 --> 47:18.920] And the only place with subject matter jurisdiction would be Arizona. [47:18.920 --> 47:26.800] So he's filing another motion to dismiss because they don't have jurisdiction either. [47:26.800 --> 47:34.360] And the reason that the other judge would even consider moving it to Texas is because [47:34.360 --> 47:40.280] he had no understanding, the lawyer had no understanding in demanding it be moved to [47:40.280 --> 47:45.040] Texas, that Texas didn't have jurisdiction either. [47:45.040 --> 47:53.800] And these all must be filed within three months, they must be served by U.S. Marshals within [47:53.800 --> 47:57.200] three months of them receiving the award. [47:57.200 --> 48:03.240] Well, he was never served within three months, so they can just flip that away. [48:03.240 --> 48:06.120] So they won't be able to get it. [48:06.120 --> 48:10.760] Okay, wait, I'm thinking of how to say this. [48:10.760 --> 48:14.660] This is not res judicata. [48:14.660 --> 48:25.560] This is lack of subject matter jurisdiction as a matter of law. [48:25.560 --> 48:34.560] They now cannot, they fail to timely file in the proper jurisdiction. [48:34.560 --> 48:42.100] Filing in the wrong jurisdiction doesn't stop the clock. [48:42.100 --> 48:50.120] If you have a certain amount of time to file and you file in the wrong jurisdiction, that [48:50.120 --> 48:54.660] doesn't buy you time, clock still runs. [48:54.660 --> 49:03.940] It's like in foreclosure, when you're in a foreclosure case and you file some alternative [49:03.940 --> 49:16.660] action and the foreclosing party stops their foreclosure until your other action is completed. [49:16.660 --> 49:25.960] Like a friend of mine in California, they were foreclosing and we filed a challenge [49:25.960 --> 49:31.360] to jurisdiction and they stopped the foreclosure action while the challenge to jurisdiction [49:31.360 --> 49:35.600] was being heard for six years. [49:35.600 --> 49:42.360] And they eventually ruled against us, but the clock didn't stop. [49:42.360 --> 49:46.500] So the time ran out to foreclose. [49:46.500 --> 49:52.040] They didn't want to foreclose while there was a case going on because if they lost that [49:52.040 --> 49:58.080] case and they had foreclosed, they would have created a lot more harm. [49:58.080 --> 50:05.200] In your case, if they get a ruling in their favor and it turns out that ruling is bogus, [50:05.200 --> 50:07.920] then you're harmed by that ruling. [50:07.920 --> 50:13.620] Oh, they're not going to want to do that and then you can run the clock out. [50:13.620 --> 50:17.160] This is the trick we like to use to run out the clock. [50:17.160 --> 50:21.600] So here they filed in the wrong jurisdiction, it's their fault. [50:21.600 --> 50:26.080] They don't get to whine about the clock running out. [50:26.080 --> 50:31.880] I think the only way their clock stops running is if there's a court order forbidding them [50:31.880 --> 50:34.000] or restraining them from continuing. [50:34.000 --> 50:36.560] Is that correct? [50:36.560 --> 50:37.560] Exactly. [50:37.560 --> 50:44.940] Restraining order, if you get a restraining order against you, you didn't stop of your [50:44.940 --> 50:46.880] own accord. [50:46.880 --> 50:53.460] You could not proceed as a matter of law, so that doesn't count against you. [50:53.460 --> 51:03.620] It's like in a criminal case when they count the time if the accused asks for a continuance. [51:03.620 --> 51:09.640] When the continuance is granted, the clock stops until the reason for the continuance [51:09.640 --> 51:14.020] expires and then the clock starts again. [51:14.020 --> 51:20.320] So all of the time you delay the case counts against and stops the clock. [51:20.320 --> 51:26.680] The time the other side delays the case counts against it. [51:26.680 --> 51:30.880] In this case, they ran the clock out. [51:30.880 --> 51:34.580] What about if it's not clear which side is doing it? [51:34.580 --> 51:38.440] What if it's like right now you've got all this coronavirus stuff and there's a lot of [51:38.440 --> 51:40.480] extra delays? [51:40.480 --> 51:41.480] Just curious. [51:41.480 --> 51:48.240] There's a court order. [51:48.240 --> 51:56.880] When you read the law about bringing someone before a magistrate, and it will have to be [51:56.880 --> 52:06.480] in there, you must bring them within 72 hours unless there are extenuating circumstances [52:06.480 --> 52:10.920] that prevented you from bringing them before the court. [52:10.920 --> 52:21.840] You cannot be held responsible for failing to do something that there was a reasonable [52:21.840 --> 52:25.520] impossibility for you to do. [52:25.520 --> 52:33.600] So what the courts are going to say here, well, there's nothing preventing someone from [52:33.600 --> 52:36.560] filing a motion or an answer. [52:36.560 --> 52:43.120] But getting a case put on for hearing in a timely manner, if the courts are closed, you [52:43.120 --> 52:48.000] can't get that action put on for hearing. [52:48.000 --> 52:55.640] So you can't be held responsible for what it is impossible for you to do. [52:55.640 --> 52:56.640] And that's reasonable. [52:56.640 --> 53:02.600] And when you look at the law carefully, it's always reasonable. [53:02.600 --> 53:05.040] Go ahead, Lacey. [53:05.040 --> 53:08.680] I've been looking at different courts across the country, and a lot of them have standing [53:08.680 --> 53:17.700] orders for this COVID-19, that they will be in their offices working, and that the judges [53:17.700 --> 53:20.240] sometimes work from home. [53:20.240 --> 53:25.120] But the thing is that they do take filings, you just cannot come to the door and do it. [53:25.120 --> 53:30.000] You can either drop them in the box in the case of a district court, a federal court, [53:30.000 --> 53:34.880] or you can mail them in in the case of a local court. [53:34.880 --> 53:42.080] They will have their hearings by telephone, or by video, or by Skype, or by YouTube. [53:42.080 --> 53:46.240] They have it on their website, on the court website. [53:46.240 --> 53:50.640] And they're doing something that I like to see. [53:50.640 --> 53:58.400] I tell people that are pro se, always object to oral argument, because you're out of your [53:58.400 --> 54:00.200] league with a lawyer. [54:00.200 --> 54:05.020] They can get up there and lie to the judge, and the judge will buy it because he's a lawyer. [54:05.020 --> 54:06.600] So always object to it. [54:06.600 --> 54:11.280] Here now the judges are saying, I just had someone recently tell me the judge said to [54:11.280 --> 54:15.160] file your pleadings, and I'll rule on the pleadings. [54:15.160 --> 54:17.120] That's the way they should do it. [54:17.120 --> 54:19.600] So yeah, the courts should still work. [54:19.600 --> 54:20.600] Yeah. [54:20.600 --> 54:27.200] Now, one of the things I was going to tell you is that when you file to have it confirmed [54:27.200 --> 54:35.160] in one state, and the other state is where they have to file to have a motion to vacate, [54:35.160 --> 54:44.080] there is absolutely, by statute, it says that when you file a motion to vacate in that proper [54:44.080 --> 54:50.880] court, they can create an order to say the proceedings in any other court in the country [54:50.880 --> 54:54.960] where there is a motion to confirm. [54:54.960 --> 55:01.960] And that motion to confirm has to be stayed until the motion to vacate is heard, because [55:01.960 --> 55:06.560] the motion to confirm is final. [55:06.560 --> 55:13.480] That's 9 USC 12. [55:13.480 --> 55:15.120] Hello? [55:15.120 --> 55:16.600] Hello? [55:16.600 --> 55:21.480] I'm using my mic. [55:21.480 --> 55:30.680] That's reasonable, because a motion to vacate and a motion to confirm, if a motion to vacate [55:30.680 --> 55:36.080] would render the motion to confirm moot. [55:36.080 --> 55:42.800] So if you have the motion to confirm first, and they rule on the motion to confirm, then [55:42.800 --> 55:47.360] a motion to vacate is moot, so they're mutually exclusive. [55:47.360 --> 55:48.360] Right. [55:48.360 --> 55:56.760] But it's specific in the statute that if they file the motion to vacate in time before the [55:56.760 --> 56:05.000] motion to confirm has been heard or acted upon, within the 90 days, within the three [56:05.000 --> 56:10.160] months, they have to create an order to stay the motion to confirm. [56:10.160 --> 56:11.460] It's not the other way around. [56:11.460 --> 56:14.480] They can't stay a motion to vacate. [56:14.480 --> 56:23.200] Right, because if you have an improper ruling before the court, and you're trying to confirm [56:23.200 --> 56:30.200] it, and the other person files a motion to vacate, and it gets confirmed anyway, then [56:30.200 --> 56:35.000] they have denied you in your right to petition the court for redress of grievance. [56:35.000 --> 56:36.000] Exactly. [56:36.000 --> 56:41.480] That would be constitutional, so they would have to hear your vacate first. [56:41.480 --> 56:42.480] Right. [56:42.480 --> 56:43.480] Right. [56:43.480 --> 56:52.720] And like I said, this is all part of the rules of civil procedure for arbitration, and they're [56:52.720 --> 56:55.120] similar on each state level. [56:55.120 --> 57:03.720] It's almost like they adopted the federal law into an individual state law, the state [57:03.720 --> 57:04.720] statute. [57:04.720 --> 57:06.720] I am looking forward... [57:06.720 --> 57:07.720] Go ahead. [57:07.720 --> 57:18.520] I'm looking forward to getting some final rulings on this, to get this settled. [57:18.520 --> 57:20.840] This can be a very powerful tool. [57:20.840 --> 57:29.240] Well, this one girl already got hers confirmed in Washington, and it was 10 days after. [57:29.240 --> 57:35.920] They confirmed it gave her a summary judgment the day she filed it, the day after she filed [57:35.920 --> 57:36.920] it. [57:36.920 --> 57:44.440] The day after she filed the affidavits of service to these other parties in the state [57:44.440 --> 57:45.440] court. [57:45.440 --> 57:46.440] No. [57:46.440 --> 57:51.440] Generally, the clerk can sign that summary. [57:51.440 --> 57:56.560] Yeah, but Dave, she asked for an order. [57:56.560 --> 58:00.480] Here's another weird thing that happened in the same case. [58:00.480 --> 58:01.480] She asked for an order. [58:01.480 --> 58:05.600] She says, oh no, it's not an order, it's just a summary judgment right there. [58:05.600 --> 58:13.560] So she made him do it again, and he signed an order, but she, meaning the plaintiff, [58:13.560 --> 58:17.280] did not know that the judge had ever signed an order. [58:17.280 --> 58:23.680] Not only did she not know, but the opposition did not know, which is why they filed the [58:23.680 --> 58:29.460] motion to strike her notice of confirmation. [58:29.460 --> 58:35.640] The funny thing is, when she asked for some records in the court, and they said, we don't [58:35.640 --> 58:36.640] get that. [58:36.640 --> 58:45.000] And I said, ask her, ask the clerk, say, after almost one year in this court, why is it the [58:45.000 --> 58:50.300] order signed, if all you can find is a proposed order? [58:50.300 --> 58:55.720] The Bible remains the most popular book in the world, yet countless readers are frustrated [58:55.720 --> 58:58.520] because they struggle to understand it. 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[59:52.960 --> 01:00:00.640] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:00.640 --> 01:00:06.720] The following newsflash is brought to you by the Lone Star Lowdown. [01:00:06.720 --> 01:00:12.080] Markets for Monday, the 22nd of July, 2019, open with precious metals, gold at $1,429 [01:00:12.080 --> 01:00:20.160] an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a [01:00:20.160 --> 01:00:25.800] barrel, Brent crude, $62.47 a barrel, and crypto is an order of market cap, Bitcoin [01:00:25.800 --> 01:00:37.480] Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin [01:00:37.480 --> 01:00:42.760] Cash is at $324.10 a crypto coin. [01:00:42.760 --> 01:00:52.320] Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated [01:00:52.320 --> 01:00:57.640] on Market Street in San Francisco during the World War I Preparedness Day parade, killing [01:00:57.640 --> 01:00:59.640] 10 and injuring 40. [01:00:59.640 --> 01:01:04.640] Today in history. [01:01:04.640 --> 01:01:09.280] In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp in [01:01:09.280 --> 01:01:13.880] a Texas law back in June, county prosecutors around the state, including Houston, Austin, [01:01:13.880 --> 01:01:17.960] and San Antonio, have been dropping marijuana possession charges and even refusing to file [01:01:17.960 --> 01:01:22.600] new ones since they are stipulating that they do not have the time or the laboratory equipment [01:01:22.600 --> 01:01:24.680] to test the herb for THC. [01:01:24.680 --> 01:01:28.320] Margaret Moore, the Travis County District Attorney, announced earlier this month that [01:01:28.320 --> 01:01:32.920] she was dismissing 32 felony possession and delivery of marijuana cases because of the [01:01:32.920 --> 01:01:33.920] law. [01:01:33.920 --> 01:01:37.480] Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter [01:01:37.480 --> 01:01:41.960] to county district attorneys back on Thursday that marijuana has not been decriminalized [01:01:41.960 --> 01:01:48.120] in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works. [01:01:48.120 --> 01:01:54.440] As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat, [01:01:54.440 --> 01:01:58.840] who also stated earlier this month that the law, quote, will not have an effect on the [01:01:58.840 --> 01:02:01.560] prosecution of marijuana cases in El Paso. [01:02:01.560 --> 01:02:06.640] However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender [01:02:06.640 --> 01:02:11.120] in Harris County who stated that, quote, the law is constantly changing on what makes something [01:02:11.120 --> 01:02:13.360] illegal based on its chemical makeup. [01:02:13.360 --> 01:02:17.240] It's important that if someone is charged with something, the test matches what they're [01:02:17.240 --> 01:02:22.480] charged with. [01:02:22.480 --> 01:02:27.120] A paper by Tulane University identified a five and a half inch American pocket shark [01:02:27.120 --> 01:02:32.240] as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket [01:02:32.240 --> 01:02:37.520] shark ever captured or recorded, with the other one being found way back in 1979 in [01:02:37.520 --> 01:02:39.120] the East Pacific Ocean. [01:02:39.120 --> 01:02:43.640] According to the university paper, the shark secretes a luminous fluid from a gland near [01:02:43.640 --> 01:02:45.480] its front fins. [01:02:45.480 --> 01:02:50.600] For the purpose, it is hypothesized to lure and prey who may be drawn into the glow. [01:02:50.600 --> 01:03:05.960] This is Rook Roadie with your lowdown for July 22nd, 2019. [01:03:05.960 --> 01:03:21.040] Hi. [01:03:51.040 --> 01:04:19.720] Okay, we are back, Randy Kelton, My Bad, and Breath Fountain, here with Leslie in Arizona [01:04:19.720 --> 01:04:30.400] and my bad, Leslie called in, but Leslie calls in and generally she has a lot to talk about [01:04:30.400 --> 01:04:36.800] so we generally have her call in on the guest bridge and I saw the call on the guest bridge [01:04:36.800 --> 01:04:44.920] and didn't realize she was on the guest bridge so I never turned on the phone bridges, but [01:04:44.920 --> 01:04:53.640] I turned them on now. Phone lines are open, 512-646-1984. If you have a question or comment, [01:04:53.640 --> 01:05:00.320] give us a call. We'll actually take your calls. Okay, go ahead, Leslie. [01:05:00.320 --> 01:05:08.760] Okay, I was talking about this woman that she was waiting for this order to come from [01:05:08.760 --> 01:05:16.720] the court so they redid the case again so they gave her a written thing that she didn't [01:05:16.720 --> 01:05:22.560] even know about so when she asked for other records they said, well, we can't find this. [01:05:22.560 --> 01:05:26.520] We can't find the order and she said, well, there has to be an order. She said, did you [01:05:26.520 --> 01:05:31.120] misplace it or something and then they finally found it. So now she ordered five copies of [01:05:31.120 --> 01:05:41.600] this summary judgment order that they gave her, but it's been done twice. [01:05:41.600 --> 01:05:48.800] Hold on, it's been jumped twice? It's been done twice. First the clerk entered [01:05:48.800 --> 01:05:55.000] it as a judgment, then they ordered a summary judgment that the judge signed. [01:05:55.000 --> 01:06:03.280] Yeah, that's how it's done. You take summary judgment into the clerk and the clerk looks [01:06:03.280 --> 01:06:09.640] at it and you say, okay, I filed this on this day at this time. I gave service on this day [01:06:09.640 --> 01:06:18.440] at this time. And then the clerk will go into the record and look to see if she sees a response [01:06:18.440 --> 01:06:24.800] within the statutory time limit. If she doesn't see a response within the statutory time limit, [01:06:24.800 --> 01:06:32.440] he signs the order. And that tells the judge that the clerk has looked in the record and [01:06:32.440 --> 01:06:39.080] there was no timely response and then the judge will sign the final order. The clerk [01:06:39.080 --> 01:06:40.080] has no power- [01:06:40.080 --> 01:06:43.760] Wait, you're doing a- [01:06:43.760 --> 01:06:44.760] Go ahead. [01:06:44.760 --> 01:06:46.760] Go ahead. Okay. In arbitrary- [01:06:46.760 --> 01:06:57.320] I was saying that the clerk has no power to actually- Okay, we're talking over each other. [01:06:57.320 --> 01:07:00.320] Go ahead, Liz. [01:07:00.320 --> 01:07:05.680] The arbitration itself is like a judgment already that you need to be confirmed by another [01:07:05.680 --> 01:07:13.480] judge. So what they do is they say, well, for 90 days in the state of Washington, you [01:07:13.480 --> 01:07:20.840] have to object to this or get a motion to vacate and you can only do it on so many grounds [01:07:20.840 --> 01:07:26.000] and they're listed in state and federal law and they're very similar. And it goes down [01:07:26.000 --> 01:07:32.360] to fraud or misconduct or corruption, three reasons basically. So unless they can prove [01:07:32.360 --> 01:07:38.920] that, then after 90 days, that's set in stone. So all she has to do is take it down and have [01:07:38.920 --> 01:07:45.120] a judge confirm it. So as soon as she proves that she has served these people, she doesn't [01:07:45.120 --> 01:07:54.960] have to wait 20 days. She can't get a judgment just on that because the Supreme Court said, [01:07:54.960 --> 01:08:06.000] if there is no order to vacate this award, then you have to confirm it. There's no if, [01:08:06.000 --> 01:08:15.840] ands, buts, or maybes. That's if that's been case decisive, tiring decisive, siren decisive. [01:08:15.840 --> 01:08:25.800] Yeah. Let me see. There's a famous case that was done in January of last year, Archer, [01:08:25.800 --> 01:08:32.960] Shine v. Archer, Archer v. Shine. Yeah, Shine v. Archer, I think. And that it did right [01:08:32.960 --> 01:08:40.080] there. And that's what it said. If you don't agree with the award, that's too bad because [01:08:40.080 --> 01:08:47.200] they can even go against stated law or social, you know, whatever they, whatever they think [01:08:47.200 --> 01:08:57.840] is right, stand. You can't second guess what they decide. So it becomes residue. Yes. You [01:08:57.840 --> 01:09:05.880] can only confirm it. And confirmation is nothing more than saying nobody has vacated this award. [01:09:05.880 --> 01:09:23.960] That's all it is. It's settled. You know? So do you have, do you have any that are completed? [01:09:23.960 --> 01:09:31.120] In what, through the court system? Just this one in. The award was, the award was given [01:09:31.120 --> 01:09:41.400] and the appeals or objections have been exhausted. No, only this one that she was getting ready [01:09:41.400 --> 01:09:46.080] to get it executed. And these people come in with a stupid motion. So she's going to [01:09:46.080 --> 01:09:50.600] get, like I said, she's going to go foreclose on them this week, but that's it. That's the [01:09:50.600 --> 01:09:55.640] one that we have. That would be very interesting to see how that happens. To see what happens [01:09:55.640 --> 01:10:08.480] when they go in there to foreclose and start carrying the furniture out. This is too funny. [01:10:08.480 --> 01:10:15.800] And it's not like she has a big award. Her award isn't. I was concerned. Leslie, I was [01:10:15.800 --> 01:10:21.880] concerned that, you've been on an hour now and I was concerned that we weren't going [01:10:21.880 --> 01:10:36.880] to get the opportunity to hear, to hear that evil laugh. Yeah. Yeah. There's just something [01:10:36.880 --> 01:10:43.920] really evil and devious about that. We have another case where there's a fellow that you [01:10:43.920 --> 01:10:51.160] know, they've been, go ahead. I was just going to say we have Tina on the line and I suspect [01:10:51.160 --> 01:11:00.440] she's going to have a comment on topic. Let me bring in Tina. Hello, Tina. Let's see that [01:11:00.440 --> 01:11:07.000] didn't take. There we go. Okay. Tina. Yeah. I'm not sure that they, are you there? Yes, [01:11:07.000 --> 01:11:21.760] I'm here. Can you hear me? There I can hear you. Do you have a comment on point to what [01:11:21.760 --> 01:11:30.720] Ms. Leslie was talking about, about these arbitration awards? No, because I don't know [01:11:30.720 --> 01:11:36.560] enough about them and I'm not eligible to do one because my property is gone. Otherwise [01:11:36.560 --> 01:11:46.200] I would have had one on the go already with Ms. Leslie and I wish I could. But unfortunately [01:11:46.200 --> 01:11:52.440] Ms. Leslie says that there is no hope for me in that. I have a comment on something [01:11:52.440 --> 01:12:00.680] else. I'm looking at helping a couple of people file federal lawsuits. One of them is, is [01:12:00.680 --> 01:12:11.480] Don Terry. We filed a petition for declaratory judgment. And if, when we get the judgment, [01:12:11.480 --> 01:12:17.160] then we have res judicata. Then we come back and file the lawsuit against the jurisdiction. [01:12:17.160 --> 01:12:23.700] And then I want to talk to Ms. Leslie about how to set this up so that we can run the [01:12:23.700 --> 01:12:31.200] arbitration routine on this jurisdiction. This is a municipality in Georgia, I'm sorry, [01:12:31.200 --> 01:12:42.360] in Alabama. I'm going to want to run that on them. Okay, Ms. Leslie. Do you have anything [01:12:42.360 --> 01:12:49.520] else for us? Have we addressed everything or have we missed something? Ms. Leslie or [01:12:49.520 --> 01:12:58.200] me? Yeah, I was talking to Ms. Leslie. Oh, Oh, okay. Well I was going to tell you about [01:12:58.200 --> 01:13:04.400] this other case that we do have. I was thinking we do have one other that was finished and [01:13:04.400 --> 01:13:15.260] he sold his to an investor in Australia for 80% of the value. But they wanted to have [01:13:15.260 --> 01:13:19.960] a transcript. They needed to have a panel poll. They needed to have a recording of the [01:13:19.960 --> 01:13:34.020] hearing to make sure it actually happened. But he sold it for millions. Okay. This was [01:13:34.020 --> 01:13:47.540] an investor in Australia? Yeah, he bought the award. Wait a minute. An investor in Australia [01:13:47.540 --> 01:13:58.160] bought the award? Yeah, a man in California got an award from our firm and he later sold [01:13:58.160 --> 01:14:09.720] it to an investor in Australia or New Zealand down there somewhere down under. Yeah. Well, [01:14:09.720 --> 01:14:14.280] that's interesting. While we were on the, just when we got on the air, I got a telephone [01:14:14.280 --> 01:14:19.160] call and it probably went out over the air because I didn't have the ringer cut off and [01:14:19.160 --> 01:14:26.360] it was someone from Australia calling me about a case down there. So let me talk to them [01:14:26.360 --> 01:14:32.700] about this. That's interesting that an investor bought the award, that the investor must have [01:14:32.700 --> 01:14:43.160] had sufficient confidence in securing payment and that's good to hear. Yeah. Well, he wanted [01:14:43.160 --> 01:14:48.560] a lot of different information about who the people were, who the other parties were. And [01:14:48.560 --> 01:14:55.320] he wanted basically from Dun and Bradstreet, we gave him what Dun and Bradstreet had and [01:14:55.320 --> 01:15:01.680] I supplied him with the recordings of the, the recordings of the hearing that I used [01:15:01.680 --> 01:15:13.280] for transcribing the hearing. That's interesting because it puts in a third party and this [01:15:13.280 --> 01:15:20.720] third party is essentially a ringer. It's an investor and the investor is likely to [01:15:20.720 --> 01:15:30.040] have more clout with the courts than a pro se litigant. Yes. Exactly. So I really liked [01:15:30.040 --> 01:15:42.240] that idea. So that raises a question. What state was this award granted in? Philadelphia [01:15:42.240 --> 01:15:52.600] and Pennsylvania. Pennsylvania. So that would mean that Champertie. Okay. Are you familiar [01:15:52.600 --> 01:16:07.320] with the term Champertie? Champertie and maintenance? Yes. Are you there? Yeah, I'm here. Okay. [01:16:07.320 --> 01:16:13.520] You are fading out really bad. I'm not, okay. Now you're, now you're back in. Are you familiar [01:16:13.520 --> 01:16:28.880] with Champertie and maintenance? Yes. Okay. So is that legal in Pennsylvania? No. I didn't [01:16:28.880 --> 01:16:38.840] get that. You broke up. Can you? No, I don't think it is. Okay. If that's the case, then [01:16:38.840 --> 01:16:48.480] selling the award is a problem. You can only do that if Champertie and maintenance is authorized. [01:16:48.480 --> 01:16:58.280] Can't you sell a judgment? That may be different. I'm not sure about a judgment. A Champertie [01:16:58.280 --> 01:17:05.040] and maintenance. Logos Radio Network welcomes a new show to our lineup for the new year. [01:17:05.040 --> 01:17:11.320] Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time. [01:17:11.320 --> 01:17:17.000] Our goal is in accord with Matthew 5 16. Let your light so shine before men that they may [01:17:17.000 --> 01:17:22.280] see your good works and glorify your Father which is in heaven. We wish to reflect God's [01:17:22.280 --> 01:17:27.560] light and be a blessing to all those with a hearing ear. 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[01:19:19.560 --> 01:19:25.080] We are back. Randy Kelton, Brett Fountain, Real Law Radio and we're talking with Leslie [01:19:25.080 --> 01:19:31.760] in Yuma. When we went out, I was talking about champerty as applied to a judgment and over [01:19:31.760 --> 01:19:39.120] the break, had a chance to kind of think about it. Actually, a judgment is private property [01:19:39.120 --> 01:19:47.160] as opposed to champerty. Champerty and maintenance is where you have a claim but you don't have [01:19:47.160 --> 01:19:52.520] the funds to adjudicate the claim. Someone else can buy your claim and then they can [01:19:52.520 --> 01:19:58.040] adjudicate it. That's called champerty and maintenance. Some states allow it, some states [01:19:58.040 --> 01:20:05.520] don't. Some states don't allow it because they're concerned that it will cause excessive [01:20:05.520 --> 01:20:11.600] or frivolous litigation and other states allow it because it allows people who otherwise [01:20:11.600 --> 01:20:19.440] would not be able to afford the litigation like when a large insurance company refuses [01:20:19.440 --> 01:20:25.360] to pay a claim. If you don't have, if you need the money and you don't have the money, [01:20:25.360 --> 01:20:28.560] you don't have the money to fight the insurance company. So you can sell it to a lawyer and [01:20:28.560 --> 01:20:32.800] a lawyer can, or to anybody, you can sell it to somebody else and they can hire a lawyer [01:20:32.800 --> 01:20:39.640] and adjudicate the claim. But in this case, a judgment would not fall under that because [01:20:39.640 --> 01:20:47.640] the judgment is raised due to CAHTA, it is considered property. Okay, I've clarified [01:20:47.640 --> 01:20:54.160] my ignorance. Okay, do you have anything else? Leslie. [01:20:54.160 --> 01:21:07.680] No, no, no. I'm there if you need me. I'm sorry, Leslie, you're fading out completely. [01:21:07.680 --> 01:21:14.840] I said, I'm there when you need me. Okay, then I'm going to go to Tina in California. [01:21:14.840 --> 01:21:20.560] Hello Tina. Hello. Well, congratulations Ms. Leslie for getting [01:21:20.560 --> 01:21:29.080] that judgment sold for that much. Normally judgments do not sell for any more than 50% [01:21:29.080 --> 01:21:35.960] of the value of them. Okay. Brett and I must have a, are you still, [01:21:35.960 --> 01:21:45.960] is Tina fading out on you, Brett? Yeah, seriously. I think it could be the connection, the Skype [01:21:45.960 --> 01:21:49.360] connection because it's got, it's happening for both of us. [01:21:49.360 --> 01:21:57.520] So it's probably us when we go to their next break, then Brett and I will reconnect. Maybe [01:21:57.520 --> 01:22:02.080] we can fix this issue. Okay. Start again, Tina. You faded out completely. [01:22:02.080 --> 01:22:10.080] Okay. Well, I was congratulating Ms. Leslie on getting a judgment sold for 80%. Normally [01:22:10.080 --> 01:22:17.440] a judgment is not sold for any more than 50% of the value because it costs money to collect [01:22:17.440 --> 01:22:24.480] it. So that's absolutely awesome. I've never heard of a judgment selling for 80%. And hurry [01:22:24.480 --> 01:22:29.480] up Ms. Leslie and find a way to get me one of those arbitration awards after the property's [01:22:29.480 --> 01:22:39.520] gone. But I called in to tell you that, remember we filed some bar complaints in Florida for [01:22:39.520 --> 01:22:51.280] my friend and he got a letter back just the other day saying that, you know, the Florida [01:22:51.280 --> 01:22:57.200] bar regulates attorney conduct and disciplinary action is warranted is taken against the attorney. [01:22:57.200 --> 01:23:02.360] You state that the attorney is violating applicable law on court rules in connection with a mortgage [01:23:02.360 --> 01:23:07.640] foreclosure case. This is a matter must be addressed by the court. The Florida bar is [01:23:07.640 --> 01:23:12.880] not a substitute for the judiciary. The matters which your allegations of premise involve [01:23:12.880 --> 01:23:19.360] a civil dispute and present questions of law. The Florida bar is not the correct forum in [01:23:19.360 --> 01:23:24.800] which to have such legal issues adjudicated and resolution of these issues must be left [01:23:24.800 --> 01:23:30.240] to the appropriate tribunal. The Supreme Court of Florida has ruled that the disciplinary [01:23:30.240 --> 01:23:35.920] process and proceedings are not to be used as a substitute for civil proceedings and [01:23:35.920 --> 01:23:41.840] remedies. This determination does not preclude you from consulting a private attorney and [01:23:41.840 --> 01:23:46.960] exercising any legal remedies which may be available to you. In the event the proper [01:23:46.960 --> 01:23:55.080] tribunal enters a finding or order which supports your allegations concerning the attorney in [01:23:55.080 --> 01:24:02.200] this regard, you may resubmit your complaint with a copy of such findings or order for [01:24:02.200 --> 01:24:08.440] consideration. This case has been closed. Now what we had put, one of the things we [01:24:08.440 --> 01:24:15.800] had put in the complaint is that the Honorable Judge Howard Cote stated that if Ms. Villalas [01:24:15.800 --> 01:24:25.040] claim is true, and that is James' former attorney, that Mr. Hood did indeed mislead, lie and [01:24:25.040 --> 01:24:30.680] act with less than candor to the court, it is an issue that needs to be referred to the [01:24:30.680 --> 01:24:39.040] Florida bar. We even included the exhibit with the lines where the judge had stated [01:24:39.040 --> 01:24:44.960] that. Hence this complaint has been filed to bring attention to the state bar for the [01:24:44.960 --> 01:24:51.800] fraudulent conduct of Mr. Hood. We talked about what he did and he stated that just [01:24:51.800 --> 01:24:57.480] for the record again I object to any reliance on the deposition which the court properly [01:24:57.480 --> 01:25:05.560] overruled. We went on to include the exhibit and we did something about the fraud when [01:25:05.560 --> 01:25:13.200] used in these rules, the terms fraud or fraudulent refer to conduct that has a purpose to deceive, [01:25:13.200 --> 01:25:20.080] which is against the Florida and any of the business and professional rules of conduct. [01:25:20.080 --> 01:25:23.920] So where do we go here? [01:25:23.920 --> 01:25:37.940] Okay. How upset and angry is this guy? Is he angry enough to sue the bar? [01:25:37.940 --> 01:25:45.440] If I would find a way to help him write the suit, yes, but he's just overwhelmed with [01:25:45.440 --> 01:25:51.800] all the stuff he's got going on, but I'm sure we could persuade him if I could find a way [01:25:51.800 --> 01:25:54.440] to figure out how to write it, yes. [01:25:54.440 --> 01:26:05.040] Well, you have a case here where the judge at least stated, did the judge, did the judge [01:26:05.040 --> 01:26:14.920] accuse the lawyer of acting inappropriately and referred the litigant to the state bar [01:26:14.920 --> 01:26:26.160] association and he followed the judge's recommendation and then the state bar association rejected [01:26:26.160 --> 01:26:34.400] the complaint for failing to do what he actually had done. That indicates that the state bar [01:26:34.400 --> 01:26:45.560] failed to act in good faith. Now the state bar, if it receives public funds, then they [01:26:45.560 --> 01:26:54.280] have misappropriated public funds. This sounds like from what I heard, you were kind of fading [01:26:54.280 --> 01:27:02.440] in and out, so I want to make sure I got all of this right. If the judge accused the lawyer [01:27:02.440 --> 01:27:12.160] of acting improperly and the bar refused to act on the complaint because he needed the [01:27:12.160 --> 01:27:20.360] judge to make a ruling that the lawyer acted improperly when the judge already did, that [01:27:20.360 --> 01:27:25.840] shows that they're just scamming the system. They're taking public money and then they're [01:27:25.840 --> 01:27:36.360] not providing a service, so sue them for what they, the funds they get in a year. That's [01:27:36.360 --> 01:27:39.160] going to look really bad for the bar. [01:27:39.160 --> 01:27:45.880] Okay, misappropriating public funds. Well, it would be interesting to do that. Would [01:27:45.880 --> 01:27:47.920] you sue them in state court? [01:27:47.920 --> 01:27:48.920] Yes. [01:27:48.920 --> 01:27:52.320] Or federal, in state court? [01:27:52.320 --> 01:28:04.760] Unless the bar receives federal funds, which I doubt, but it's not about winning the case. [01:28:04.760 --> 01:28:17.280] It's about dragging the bar through, the whole state bar through the mud. It's about politics. [01:28:17.280 --> 01:28:27.760] And then you talk to Ms. Leslie and see if you can't set up the suit where you run arbitration [01:28:27.760 --> 01:28:32.080] on them. Ms. Leslie, are you there? [01:28:32.080 --> 01:28:37.160] Yes sir, I am. [01:28:37.160 --> 01:28:43.020] How would we set them up? How would we set up the bar? We sue the bar for misappropriation [01:28:43.020 --> 01:28:50.200] of public funds. How do we set them up for an arbitration award? [01:28:50.200 --> 01:28:57.680] When they make you an offer, you make them a counteroffer. It's that simple. [01:28:57.680 --> 01:29:03.440] What kind of offer would they be offering if you sue them? They just go for dismissal. [01:29:03.440 --> 01:29:10.920] Oh, oh, okay. I had to think about that a second, Tina. You sue the bar, you ask the [01:29:10.920 --> 01:29:16.880] court to order mediation, and the bar is going to say, oh yeah, wonderful. We'll give you [01:29:16.880 --> 01:29:25.880] five bucks. Well, they made an offer. Would that be enough, Leslie? And then you make [01:29:25.880 --> 01:29:34.080] a counteroffer. You want five million bucks. And now you have an offer and counteroffer. [01:29:34.080 --> 01:29:36.680] From there, Ms. Leslie, how do we get them set up? [01:29:36.680 --> 01:29:40.960] The counteroffer includes an arbitration, yes. The counteroffer would include an arbitration [01:29:40.960 --> 01:29:41.960] agreement. [01:29:41.960 --> 01:29:49.040] Oh, so you file a counteroffer and, okay, hold on, make sure I get this right. [01:29:49.040 --> 01:29:51.160] Including the counteroffer. [01:29:51.160 --> 01:29:55.700] You don't ask the judge to run off the cliff. We're about to go break. This is the first [01:29:55.700 --> 01:30:00.160] time I didn't run off the cliff. We'll be right back. [01:30:00.160 --> 01:30:08.800] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps [01:30:08.800 --> 01:30:13.840] on growing. But now researchers say we can add stress to the list. I'm Dr. Catherine [01:30:13.840 --> 01:30:17.040] Albrecht. Back with details in a moment. [01:30:17.040 --> 01:30:21.560] Privacy is under attack. When you give up data about yourself, you'll never get it back [01:30:21.560 --> 01:30:27.360] again. And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:27.360 --> 01:30:33.600] So protect your rights, say no to surveillance, and keep your information to yourself. Privacy, [01:30:33.600 --> 01:30:38.920] it's worth hanging onto. 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Order [01:32:55.520 --> 01:33:00.520] your copy today and together we can have the free society we all want and deserve. [01:33:00.520 --> 01:33:14.520] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [01:34:00.520 --> 01:34:18.760] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, here with Ms. Leslie on [01:34:18.760 --> 01:34:22.920] the bridge and we're talking to Tina. And what we're talking about is how to set up [01:34:22.920 --> 01:34:32.360] the bar and Deborah had a question on the break. And this is the exact concern I had. [01:34:32.360 --> 01:34:47.640] How do we trap them into a contract? How do we get the bar to offer mediation or to offer [01:34:47.640 --> 01:34:57.960] a deal, to offer us a deal? If we ask the court to order mediation, is that going to [01:34:57.960 --> 01:35:04.760] screw up the process, Leslie? [01:35:04.760 --> 01:35:12.880] If the bar association accepts that it does, but if they say instead of mediation, how [01:35:12.880 --> 01:35:19.720] about if we pay you $25 and then you can come back with a counteroffer. And in the counteroffer [01:35:19.720 --> 01:35:24.560] I'll have to have several different elements. It has to have a commerce element. It has [01:35:24.560 --> 01:35:30.360] to have an arbitration element. It has to have a performance element. And if we're in [01:35:30.360 --> 01:35:36.720] the performance element, you must put in there a failure to do this. [01:35:36.720 --> 01:35:49.680] Hoda, you're passing the part that is most important. How does the bar commit itself [01:35:49.680 --> 01:35:50.680] to a – [01:35:50.680 --> 01:35:56.360] Arbitration agreement. That's where I'm getting. [01:35:56.360 --> 01:36:02.480] This is Deborah's concern. Failure to respond when there is a duty to respond is equated [01:36:02.480 --> 01:36:04.480] as fraud. It's tweal. [01:36:04.480 --> 01:36:05.480] Right. [01:36:05.480 --> 01:36:17.160] How does the bar have a duty to respond just because it made an offer? [01:36:17.160 --> 01:36:24.840] Well, if it made an offer and you have a counteroffer, and in the counteroffer you have the performance [01:36:24.840 --> 01:36:26.560] end and in there you put – [01:36:26.560 --> 01:36:32.480] No, wait. You're jumping past that. You're saying if and if, but just because they made [01:36:32.480 --> 01:36:42.520] an offer, does that bind them to be compelled to respond? How does their failure to respond [01:36:42.520 --> 01:36:47.720] automatically become capitulation? [01:36:47.720 --> 01:36:52.920] Because in the counteroffer you say either you accept this – I mean either you respond [01:36:52.920 --> 01:37:01.600] to this and reject it or – and if you don't respond to it, you've accepted it. [01:37:01.600 --> 01:37:10.560] Yeah, but that doesn't bind me just because you say that. Where is law that binds me? [01:37:10.560 --> 01:37:12.000] If I make an offer to you – [01:37:12.000 --> 01:37:14.960] See, there has to be a relationship. [01:37:14.960 --> 01:37:15.960] You make a counteroffer. [01:37:15.960 --> 01:37:17.560] That's the problem. [01:37:17.560 --> 01:37:24.720] What binds me? I'm thinking possibly UCC because an offer is an offer to contract. [01:37:24.720 --> 01:37:25.720] Exactly. [01:37:25.720 --> 01:37:37.560] If an offer to contract is made and a counteroffer is made, am I bound under my original offer [01:37:37.560 --> 01:37:43.640] to respond to the counteroffer, and if so, what binds me? [01:37:43.640 --> 01:37:54.120] See, usually it's relationship. In the matter of creditors, it's easy because they're [01:37:54.120 --> 01:37:59.040] a creditor. There's an ongoing relationship. That blinds you. But when you're dealing [01:37:59.040 --> 01:38:03.560] with an outside entity, it's a little bit harder to see that. [01:38:03.560 --> 01:38:13.960] Okay, I need to figure out – that's always been my biggest issue is how statutorily does [01:38:13.960 --> 01:38:14.960] the – [01:38:14.960 --> 01:38:24.040] Let me give you an example. In the city of Salem, New Jersey, the city is broke. In what [01:38:24.040 --> 01:38:31.160] order to get your trash picked up, you have to buy stickers at the guest station and put [01:38:31.160 --> 01:38:35.520] them on your bag. Now, what the people are doing is they're taking their trash bags [01:38:35.520 --> 01:38:42.360] and they're putting them on vacant property, and then they're finding the people with [01:38:42.360 --> 01:38:45.480] these trash bags on their lawn who have no idea that they're there because they don't [01:38:45.480 --> 01:38:56.680] live there. My son had a house in Salem and he was renovating it, and they took and someone [01:38:56.680 --> 01:39:01.840] stole all of the kitchens out of the house while he was renovating it, and he went into [01:39:01.840 --> 01:39:06.360] paint one day and found all the kitchens were gone. And it's across the street from the [01:39:06.360 --> 01:39:11.960] fire company, and they said, yeah, we saw who did it, and they went to the police. And [01:39:11.960 --> 01:39:17.320] then when my son went to the police, he said, well, why didn't you arrest the guy? And [01:39:17.320 --> 01:39:24.080] they said, well, he's one of our informers. We can't arrest him. So my son starts getting [01:39:24.080 --> 01:39:29.720] these notices that there's trash in the yard. He's getting behind $100 here and $100 there. [01:39:29.720 --> 01:39:37.360] He says, you know what? Screw this. You have an agreement with me that you're going to [01:39:37.360 --> 01:39:42.080] be giving me protection and all this kind of stuff. So I'll tell you what. I'll give [01:39:42.080 --> 01:39:49.280] you my house for 20 bucks. And he signed a deed, recorded a deed, and sent him the deed. [01:39:49.280 --> 01:39:55.720] Last week, he gets another $100 fine in the mail, a summons. Now, they made him another [01:39:55.720 --> 01:40:03.200] offer because now he doesn't have property in Salem. But they made him an offer. They [01:40:03.200 --> 01:40:09.360] made him an offer that he has to pay $200 because they say there's trash in his yard [01:40:09.360 --> 01:40:15.760] that he used to own a year ago. Okay, but they made him another offer. So guess who [01:40:15.760 --> 01:40:18.600] got another arbitration agreement? [01:40:18.600 --> 01:40:27.760] Okay, so that was an offer to contract. And that's an offer to contract under UCC. [01:40:27.760 --> 01:40:32.920] And when they proved to him that he owned property in there, then they're free from [01:40:32.920 --> 01:40:39.640] the contract. But otherwise, then they have to pay him, damages, $500,000. [01:40:39.640 --> 01:40:49.600] Okay, that's the part we need, which we need the statutory support for that duty. And I'm [01:40:49.600 --> 01:41:01.040] sure it's in UCC. It's under offer and counter offer. And I've always had a sticking point [01:41:01.040 --> 01:41:07.680] on that because that's the first question the other side is likely to bring. Well, I [01:41:07.680 --> 01:41:08.760] didn't have a duty. [01:41:08.760 --> 01:41:09.760] Exactly. [01:41:09.760 --> 01:41:16.280] And just because she made a counter offer, how do I have a duty to respond? It doesn't [01:41:16.280 --> 01:41:25.440] become default unless I have a duty. Is there something in Chapter 9 that addresses this? [01:41:25.440 --> 01:41:34.160] No, because it's based on an arbitration agreement. It doesn't define the agreement. And it doesn't [01:41:34.160 --> 01:41:39.840] define that both parties have to sign it. It just says both parties have to agree by [01:41:39.840 --> 01:41:41.840] not sending back a disagreement. [01:41:41.840 --> 01:41:45.960] How can I imply a arbitration agreement? [01:41:45.960 --> 01:41:52.760] Well, if you have the arbitration agreement, the arbitration agreement is required to be [01:41:52.760 --> 01:41:58.480] in writing. It's not required to be signed by both parties. I came across that yesterday. [01:41:58.480 --> 01:41:59.480] Okay, that's... [01:41:59.480 --> 01:42:00.480] If by not... [01:42:00.480 --> 01:42:08.320] Is that in case law or is that in black letter law? [01:42:08.320 --> 01:42:11.680] Case law. Both. Both. [01:42:11.680 --> 01:42:18.040] I would very much like to see that case law that binds the... [01:42:18.040 --> 01:42:25.680] I'll look it up and I'll send it to you. Yeah, it's a performance binding. Like, say, if [01:42:25.680 --> 01:42:31.920] you can bind them by performance. If they perform this, then they agree. Then that shows [01:42:31.920 --> 01:42:37.240] the agreement. You have to put something in there they want to do and that they will do. [01:42:37.240 --> 01:42:39.760] And when they do that, they're bound. [01:42:39.760 --> 01:42:47.680] Okay, this is still a little bit too cryptic for me to wrap my head around. [01:42:47.680 --> 01:42:59.600] How do we get the bar to offer... to make the initial offer? Do you have any tricks [01:42:59.600 --> 01:43:03.640] for that? [01:43:03.640 --> 01:43:13.160] The Bar Association is... you know, they're snakes. They're all snakes. I am so... [01:43:13.160 --> 01:43:22.560] Lawyers are chumps. If you ever had a lawyer on the stand, they make the worst witnesses [01:43:22.560 --> 01:43:31.640] ever. So they might be the easiest ones to con because they think they're so smart. Hang [01:43:31.640 --> 01:43:39.680] on. We're actually going to go to our sponsors before I dive off the cliff this time. If [01:43:39.680 --> 01:43:47.000] I can get a step, I lost my clock. Oh, there it is. It came back. I was beginning to think [01:43:47.000 --> 01:43:53.200] that the fates were plotting against me. Randy Kelton, Brett Fountain, Ruva Radio, I call [01:43:53.200 --> 01:43:57.280] it number... We're going to our last segment, so I won't give out the call at number. We'll [01:43:57.280 --> 01:44:00.200] be right back. [01:44:00.200 --> 01:44:05.520] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:44:05.520 --> 01:44:10.760] Ask debt collectors now with the Michael Meris Proven Method. Michael Meris has won six cases [01:44:10.760 --> 01:44:15.520] in federal court against debt collectors, and now you can win, too. 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[01:45:01.160 --> 01:45:07.560] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, [01:45:07.560 --> 01:45:14.760] the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. [01:45:14.760 --> 01:45:20.880] If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, [01:45:20.880 --> 01:45:26.240] know what you should do for yourself. Thousands have won with our step-by-step course, and [01:45:26.240 --> 01:45:33.040] now you can, too. Jurisdictionary was created by a licensed attorney with 22 years of case-winning [01:45:33.040 --> 01:45:39.000] experience. Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:39.000 --> 01:45:44.480] about the principles and practices that control our American courts. You'll receive our audio [01:45:44.480 --> 01:45:51.500] classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much [01:45:51.500 --> 01:45:58.500] more. Please visit RuleOfLawRadio.com and click on the banner, or call toll-free, 866-LAW-EASY. [01:46:22.500 --> 01:46:32.500] Some things in this world I will never understand. Some things I realize fully. Somebody's gonna [01:46:32.500 --> 01:46:42.500] police that policeman. Somebody's gonna bully the bully. There's always a room at the top [01:46:42.500 --> 01:46:49.500] of the hill. I hear through the grave mind in his lonely love still. They're wishing [01:46:49.500 --> 01:46:56.500] it was more than opposition to fill. They know that if they don't do it, somebody will [01:46:56.500 --> 01:47:06.500] do some things. And this world will never understand. Some things I realize fully. Somebody's [01:47:06.500 --> 01:47:19.500] gonna police that policeman. Somebody's gonna bully the bully. I know they will. Yeah, they're [01:47:19.500 --> 01:47:25.500] gonna put the bill because I see so much injustice still. I know they will never fail to tip [01:47:25.500 --> 01:47:35.500] back the scale. I know they will never fail to tip back the scale. I know they will. I [01:47:35.500 --> 01:47:48.500] know they will. I know they will. I know they will. I know they will. I know they will. [01:47:48.500 --> 01:47:54.500] Went down to that old rock quarry the other day. I know they will. That's where I heard [01:47:54.500 --> 01:48:00.500] that old rock quarry man say. I know they will. He knew I always had a place for my [01:48:00.500 --> 01:48:15.500] ercquie bridge. I know they will. I know they will. I know they will [01:48:15.500 --> 01:48:32.100] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we have Leslie on the [01:48:32.100 --> 01:48:45.820] bridge. And Tina, we never did get to your question. Or did we? You had you had this [01:48:45.820 --> 01:48:52.100] party that the bar? Yeah, we did get to your question. So I'm losing track of where I'm [01:48:52.100 --> 01:48:59.860] at back and forth. So we're trying to figure out how to settle your guys issue how to trap [01:48:59.860 --> 01:49:08.780] the bar so we can beat them up. Yes. And that's just easy with a creditor because they can [01:49:08.780 --> 01:49:20.660] send you what we use with arbitration is if the creditor sends you a offer to modify, [01:49:20.660 --> 01:49:27.140] you can send them a counter offer. If they have a change and servicer and they send you [01:49:27.140 --> 01:49:37.860] a notice and you send them back a counter offer with evidence requiring evidence that [01:49:37.860 --> 01:49:45.460] they are who they say they are, then you can include arbitration with that. Is there anything [01:49:45.460 --> 01:49:59.500] in civil procedure that goes to an alternative methodology for settling a case? Say if a [01:49:59.500 --> 01:50:08.620] party in a civil case makes an offer to settle, do you have a duty to respond to that offer [01:50:08.620 --> 01:50:20.540] to settle? I don't know. Because if I have if you offer me a settlement and I have a [01:50:20.540 --> 01:50:31.060] duty to respond, then when I respond, you would have a counter duty to respond to my [01:50:31.060 --> 01:50:39.620] counter offer. Trying to find a way to trap them into that. Well, we'd have to do some [01:50:39.620 --> 01:50:47.300] studying and it's all state by state. I'm going to bet there's something there's got [01:50:47.300 --> 01:50:54.700] to be something in there because the courts really want you to settle this out of court. [01:50:54.700 --> 01:51:02.100] In Arizona, I should just tell you, and in other states too, there is binding arbitration [01:51:02.100 --> 01:51:08.500] requirements on suits less than a hundred thousand or seventy five thousand something [01:51:08.500 --> 01:51:18.540] like that. Binding arbitration requirement mandatory. Now is that on a credit issue or [01:51:18.540 --> 01:51:29.060] is that on any civil issue? Any civil issue. Oh, that's what we need. It is there somewhere. [01:51:29.060 --> 01:51:36.380] So binding arbitration requirement in Arizona Superior Court. Yes. Tina, can you look that [01:51:36.380 --> 01:51:41.900] up in California? So we're looking at what? Tell me what I'm looking up here. I'm writing [01:51:41.900 --> 01:51:51.540] it down. We look up a requirement for arbitration for a civil suit under a certain amount. Under [01:51:51.540 --> 01:52:02.940] a certain amount. OK. I'm not here. There we go. OK, go ahead, Tina. Requirement for [01:52:02.940 --> 01:52:10.740] a civil suit under a certain amount in California. I will look that up. This is getting very [01:52:10.740 --> 01:52:15.220] interesting because it's obviously, you know, I've got issues with the state bar of California. [01:52:15.220 --> 01:52:22.380] James has got them in Florida. And Liz Leslie, I'm sending you, I sent you an email. I wonder [01:52:22.380 --> 01:52:28.660] if this will go towards the fact that James has made an offer of settlement to his Freddie [01:52:28.660 --> 01:52:34.380] Mac of five million dollars for his twelve years of torture. They came back with an offer [01:52:34.380 --> 01:52:40.420] of ten thousand dollars if he left the property bloom clean. We sent them back an offer saying, [01:52:40.420 --> 01:52:44.700] you know, Freddie Mac made seven point eight billion dollars last year. You made eight [01:52:44.700 --> 01:52:50.380] million dollars, eight billion dollars or eight million dollars. Our offer has now gone [01:52:50.380 --> 01:52:55.740] to twelve million, which is one million for each year of his life and his partner's life [01:52:55.740 --> 01:53:02.540] that they destroyed. They're not going to be opposed to that because that's not something [01:53:02.540 --> 01:53:12.460] a court would ever allow. Leslie, how would you handle that? When you get over five million [01:53:12.460 --> 01:53:20.660] dollars, the courts go wacko. So if you want to make an offer, keep it less than five million. [01:53:20.660 --> 01:53:27.780] I don't know how you figure it, but you have to be able to substantiate it. But when you [01:53:27.780 --> 01:53:38.300] do that, if he has had offers and counter-offers in his counter-offer because they are his [01:53:38.300 --> 01:53:44.580] creditor, he can make a counter-offer including an arbitration agreement and make them prove [01:53:44.580 --> 01:53:50.180] of who they are and make them prove that they paid for the loan. I mean, it all has to go [01:53:50.180 --> 01:53:56.980] into discovery, too. I mean, that's what the arbitration contracts are that I have [01:53:56.980 --> 01:54:03.020] to say. Well, maybe you and I can talk about this over the next... Can talk later, yeah. [01:54:03.020 --> 01:54:10.220] ...to go to trial because he has literally been financially and emotionally tortured [01:54:10.220 --> 01:54:17.860] for twelve years over this. And the party who claims ownership has changed multiple [01:54:17.860 --> 01:54:25.780] times, and they refuse... I can send you something that says they refuse to tell us who really [01:54:25.780 --> 01:54:31.020] is the party except for Freddie Mac is the only one they will allow us to know, but they [01:54:31.020 --> 01:54:38.140] keep talking about these mysterious investors. We've asked them to specify what they want. [01:54:38.140 --> 01:54:45.140] So maybe you and I can talk, and then we can discuss it on air later. And I just also sent [01:54:45.140 --> 01:54:50.660] you something that I sent to Randy who is... If I seem quiet here, it's because it may [01:54:50.660 --> 01:54:55.780] be my internet connection, but I am having trouble with his entire conversations fading [01:54:55.780 --> 01:55:04.380] out on me. So go ahead and don't pay any attention to us. We're back here listening. [01:55:04.380 --> 01:55:10.260] Okay. Yeah, so we can be in touch offline, you know? [01:55:10.260 --> 01:55:11.260] Yeah. [01:55:11.260 --> 01:55:13.260] And look at that. [01:55:13.260 --> 01:55:21.140] Good. That would be great. Randy, would you... I sent you that notice to a public official [01:55:21.140 --> 01:55:23.460] that you thought was very well-written that said you were going to leave. [01:55:23.460 --> 01:55:26.780] I am. I'm sorry. We're having a internet issue. [01:55:26.780 --> 01:55:27.780] Oh, gosh. [01:55:27.780 --> 01:55:36.300] I am getting almost nothing. So I did get that you wanted to discuss this offline. So [01:55:36.300 --> 01:55:44.340] if each of you will send me an email, I will forward those to each other so everybody has [01:55:44.340 --> 01:55:53.420] everybody's contact information. And we can get this part handled. For me, this has been [01:55:53.420 --> 01:56:04.420] a real sticking point. I need to find a way that I can draw them into the duty, the initial [01:56:04.420 --> 01:56:13.820] duty. And if some states have binding arbitration requirements, other states are likely to have [01:56:13.820 --> 01:56:22.820] arbitration, if not a requirement, at least an arbitration alternative that we may be [01:56:22.820 --> 01:56:38.020] able to include a request for arbitration in our regional pleading. And then I was... [01:56:38.020 --> 01:56:39.020] Go ahead. [01:56:39.020 --> 01:56:42.580] Sometimes they call it alternative case resolution. [01:56:42.580 --> 01:56:43.580] Yes. [01:56:43.580 --> 01:56:44.580] Yes. [01:56:44.580 --> 01:56:50.660] That's another name they call it in some states. [01:56:50.660 --> 01:56:57.740] Arbitration by any other name is still arbitration. So if we can get schmooze them into that, [01:56:57.740 --> 01:57:08.780] and then get them set up so we have something to say, they had a duty to respond. Because [01:57:08.780 --> 01:57:16.420] for me, that would be the first objection I would have. And then it does go to a private [01:57:16.420 --> 01:57:22.740] contract. And if I can get it, it don't have to be a great answer, I just need to have [01:57:22.740 --> 01:57:29.820] one. And some statute that appears to bind them. Because we're trying to push them to [01:57:29.820 --> 01:57:31.820] write us a deal anyway. [01:57:31.820 --> 01:57:44.420] Right. Right. When, like, say, I don't know, Randy, and I'll talk to you again. I was going [01:57:44.420 --> 01:57:52.260] to say, when you have it as part of the lawsuit, and it's part of the statute, usually the [01:57:52.260 --> 01:57:58.700] judge will appoint the arbitrator, and it would be a JAWA arbitrator. There are like [01:57:58.700 --> 01:58:08.460] four different kinds of arbitrators. And there's the AAA, and then there's the JAWA, and then [01:58:08.460 --> 01:58:16.940] there's independent ones that are neither. So, basically, that's what you're looking [01:58:16.940 --> 01:58:17.940] at. [01:58:17.940 --> 01:58:25.900] Okay, we are, I'm sorry, Leslie, we are out of time. This is Randy Kelton, Brett Fountain, [01:58:25.900 --> 01:58:33.500] Rule of Law Radio. We'll be back tomorrow night on our 4-hour info marathon. Thank you [01:58:33.500 --> 01:58:39.740] all for listening. And tomorrow night, I'll try to get the phones turned on earlier than [01:58:39.740 --> 01:58:47.980] I did today. It was my bad. I seldom have someone call in on the bridge. 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