Yeah, Ritta mad News need advice, so you don't have come run in
just as fast as the can Shooter's gonna help come. Man six is the
Troubleshooter Show. No, Tom Martino, Hi, Tom Martino here, Welcome
to the show. Three oh three seven one three talks seven one three eight
two five five. Now you can call us there. You can call us
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You can leave a message there with a number and we will get back to
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I'm also up on LinkedIn messaging and next door messaging and YouTube. Of course,
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You have to be a moron, but that's pretty easy for most of you.
Welcome three oh three seven one three talks seven one three eight two five
five. Again, let me go to the phones. John Followers with us
personal injury attorney, and we'll talk some interesting things about personal injury. First
and foremost did you know that every year personal injury claims grow. I bet
you you knew that, didn't you, John, didn't you? In what
respect? Number are the number of claims and the number of the the amount
of dollars? Well, that would make sense. I mean, in this
era of just rampant inflation and stuff, every single thing that that would would
go into the computation of damages has gone up, medical services, lost wages,
every thing. You know, to the extent that all of those things
go up, you would expect for the value of damages to go up as
well. But the number of claims have gone up too. But here's what's
interesting. The number of claims have gone up, but the number of accidents
and fatalities have gone down. You know, that's an interesting deal. I've
not heard that before. So but just right off the top, you know
who this is from. This is from my deputy deputy chat, your your
old buddy GPT or somebody. Yes, of course, how come minimums haven't
gone up? Then? Well that's a great question, but mostly because what
do you mean by that? Oh? Oh, minimums meaning they're required minimums.
Even think of a new car that costs less than twenty five thousand and
isn't that the minimum forget about the personal minimum for life, that's personal.
You're you're talking about personal injury fifteen fifteen grand Yep, I mean it.
What it what it really does is it makes it to where you know,
it's just inconceivable that the other guy's insurance is going to be enough to cover
your property, gainst everything, to give you huber for a few months.
Yeah, the average bodily injury claim. Now, John, it distinguishes between
I don't understand this, between bodily injury and personal injury. What does that
mean? There's really no difference between this. I think Chat. I think
Deputy Chat made a mistake here. By the way, I love I love
artificial intelligence for certain things. And it really isn't art to call it artificial
intelligence. I mean, it's a remarkable tool, but it's really a sophisticated
search engine. Who's doing that? Is that Shanning's idea of a joke?
Yeah? Is that your idea of a joke? It was a little gassy,
Yeah, that's that's the old modem sound. I don't even think any
of our well most of our old fart audience would know that, but young
people would not even know that sound. They don't even know what that is,
or a fax machine sound? Does anyone even use facts anymore? Three
oh three seven one three talk seven one three eight two five five. Let's
go to the phones. Dorian is on the phone. I have Brad O'Brien
and he's another attorney we have. He does real estate, John does personal
injury. We have real estate. We have a lot of experts. We
love them. Brad is going to weigh in on this problem with Dorian.
Hey, can I interject something? Tom? And how long ago was this
Dorian's call? Though not that long ago? Bright, Go ahead, here's
the deal. She had a whole bunch she owns a condominium. She had
a whole bunch of problems with leaking, et cetera. And oh sunny veil
in Longman. I see the call now, So the HOA says it's to
management. The management said it's the HOA. So I want to Brad to
answer whether or not if she's If they've had the note for a year and
they haven't done anything, can she have it fixed and then build them or
or take it away from HOA? Dues Well? No, Well, first
of all, the biggest mistake she can do is take stuff away from her
hoa dues. It's not like a landlord where you can do a constructive eviction.
I just want to explain this to Brad O'Brien. It is really what
it is. Is this the water spot in her kitchen? She noticed and
they won't fix it. She doesn't know where it's coming from, Dorian,
did they? Did you trace it to the roof? Are you on the
top floor? Where are you located in your condom? Excuse me, I'm
on the lower level. It's a three story building and I'm on the lower
level than the person that would live above me has a two level condominium above
me. Okay, got it? So they have the roof over their unit.
Yes, and the way it works when there's worms and stuff, the
HUA fixes the roofs or does each one take care of it? This is
not a roof problem. What is it? So? I have been told
by a professional construction company, and I reached out them to them and ash
that they provide me their documentation. The gentleman that's been here, Okay,
but let's get to your part. Let's get to the part where they told
you what it's from. It's from something decomposing or just literally wearing out,
or the lack of improper no flashing. Well, then that's a roof problem.
If there's a flashing problem, that's a roof problem. No, it
is where his deck runs it, got it? Okay, it's the decking
flashing, deck flashing or window flashing or siding flash. There's all kind You're
right, there's all kinds of flashing. They think it's coming from his deck.
Yes, how did they determine that, Dorian? Well, I have
had as many as four to five people here looking at it. And did
they look at his deck? Is what I'm asking? Absolutely good? And
they saw there was no flashing there? Yes, okay, good, Okay.
That's really good, by the way, because at least we know the
area of problem. You know the problem area. What I want to know
is did you tell the HOA it was the flashing on his deck? Because
they need to fix that, not him. I think it's their responsibility.
What did they say? I have documentation from March of twenty twenty three.
No, No, I just need to know did they respond to you?
Did you tell them about it? They think the construction company that and the
management company to employees from the management company and the construction. I guess the
answer is going to be no, they did not respond to you. Yes,
they have not responded to you on that. Oh, they respond to
me the last thing they do? Did and I think I have said?
Can you tell me what they said, Dorian? Can we get to that
part? What exactly did they respond to you? A lot of it's the
same response. Can you give me that response please? The HOA will not
make a recommendation or vote on it, and they say it's in the hands
of the management company and the management But the HOA instructs the management company.
See, I don't understand this, and Doc, when you said it's between
those two, they're not two separate entities. The management company works for the
HOA. It's Doc. Did you talk to the management company? I don't
have my notes from I think I did, didn't I, Dorian? And
they never responded. I've never had any correspondence from anyone there since ire with
Tom's and this. Okay, what is the name of the management company?
Centry s thentry. When you and I spoke the first time, you looked
up some of their reviews. Yeah, they were terrible. We were talking,
Okay, this is a clear cutcase. I don't know what to do
in cases like this, Brad O'Brien. You know this whole condo townhome nightmare
thing, you know, knowing what I know now about how they're formed and
how loosely they're formed, and how difficult it is to get anything done.
I will never own a town home or a condo again, ever, not
unless I can control the entire and it's a co op and I and I
have a voice in it, and there's a few own I mean, Brad,
when you're a homeowner and you're stuck like this and the HOA is ignoring
you, and the management company's ignoring you, what the hell do you do?
I mean without spending a ton of money. Well, you got to
be persistent in demanding that people take responsibility for what they're required to do for
maintenance and repairs, right exactly, And and and they're not. And you
know, didn't that seem puzzling to you when they when the HOA says,
well, we can't do anything. It's in the home. Excuse me,
it's in the hands of the management company. Well that's that's the high they
manager company to do to handle things like this. Exactly exactly. So if
the management company doesn't handle it, you know what we did try calling that
management company and they didn't respond. Let's get their number out. I think
people should let them know. And I think what we ought to also do
is tell everyone about this management company and how they suck. What's the management
I'm really tired of management companies. If they collect money and they do nothing.
What's the number? Do you have the number doc that you called over
there? I don't Dorian should have it. Do you have this the century's
number? I'm trying. I should have had this in advance. But and
go get it, Go get it? Okay. All we can do is
put pressure on Sentry, and I don't blame you for being frustrated. It
is unfricking believable how many times people have to I don't know, they have
to pray that their management company pays attention to them. And your HOA are
a bunch of idiots if they don't understand they're the ones that hire the management
company. Who's the president of your HOA? Who is that moron? The
president currently is not the same president as when I purchased this place. The
president now is the owner of the condominium above me, the one with the
bad deck. Yes, you know, I want to ask something, and
I want to ask Brad and John Fuller. John Fuller does personal injury,
but he knows where I'm going with this. Would she have an action against
that owner upstairs if his deck has the water intrusion or is he shielded by
the hoa? Brad Well, the condo declaration is going to say what components
of the building are the responsibility of the unit owner to repair in the place
in which one which things components are the responsibility of the h ua to repair
in a place like roof walls. So, but I don't know at this
time. Is the flashing on the deck Is that going to be in the
declaration something that the unit owner a boat has to pay for or the h
ua? So I suspect. I suspect it's the hoa. But because it's
outside, that's why I cannot legally repair it, because it is outside of
the interior of my condominium. Okay, I'm going to ask you, Brad,
if you were living there, what would you do this face with the
same exact situation you're living there. The guy upstairs is the president of the
HOA, his deck is leaking into your kitchen. Well, Number one,
investigate where's the source? Sounds like we have that. Number two, look
at the declaration and find out who specifically is responsible for the leak coming into
the flashing of the deck. And then when you find out who's responsible,
then what that's when you make a demand to that part and is responsible back
there this point of the demand to be to the A or to the owner
above. And I think she made the demand to the HOA, and I
think that's what it's going to turn out to be. Did you literally go
to a meeting of the HOA, Dorian? I generally attend most of them,
which they have a monthly meeting on the first Tuesday. Well they change
it, but it's usually the first. And when you try to speak to
them, what are they saying? Line? And I'm always there. All
right, we need to look at it. We need to take a break.
Here's what I want to do, Docy. Call this guy personally,
call this HOA president, personally, call him and say, look, you
know, you guys have a responsibility. Do you what do you want?
What are you doing? No, Tom, that's a good idea. I
never thought of that. Let's just call this president. You live upstairs.
Why don't you bring this to the board and don't let him tell you it's
the management company's responsibility because they hire and control the management company. We have
more coming up, Hey, Dlarian, go with a sure thing Denver's best
roofer Excel Roofing dot com. You don't pay a cent until you're content.
Time for an insurance check up free, no obligation. In comparison, call
Compass Insurance paying too much your coverage at dozens of insurance companies find out now
three O three seven to seven to one help. You'll think you're his only
customer when you choose Frank durand the real estate Man dot com to list your
home with Remax Alliance three oh three nine two zero sixteen twenty two. Tom
Martino, your troubleshooter three O three seven one three talk seven one three eight
two five five. Okay, so let's continue here and we'll have Scott who
has a problem with blood work at UCE Health. Scott, what's going on?
Hey Tom, it's not really so much for a problem. But first
I'd like to thank you and your team for all you guys do to advocate
for us. Thank you, thank you. I appreciate it. Yeah,
yeah, we appreciate you. So, just briefly, I just wanted to
convey some information that may be of interest to your listeners regarding medical billing.
Okay, yeah, So I recently received a bill for diagnostic lab work that
was a lot higher than previous billings, about four times just for routine diagnostic
lab work. Okay. So I'm a healthy mail in my sixties. All
I need each year's an annual wellness visit and the blood draw which the associated
lab diagnostics. What was different this time was that my primary care physician of
maye many years had recently moved his practice to a U See Health clinic.
All right, visit part of my visit. I called and asked what the
process is for the blood draw. They basically, you know, told me,
come in the office. It's just like the same as my doctor did
for you know, years years past. No difference there. What I didn't
ask them was what lab they used for doing the diagnostics, and that turned
out to be important. So after the first visit with my doctor you see
health, I received a bill for the diagnostic lab work for over four hundred
dollars, which is a lot higher than previous lab work. What were the
previous How much did the previous ones cost? Well, so I'm on a
high deductible plan and so without any without typically about maybe a hundred bucks for
the labs, typically about how much? About three hundred? No, no,
I'm sorry, one hundred you said, Okay, go ahead, So
one hundred dollars compared to four eyes four times as much as a lot more.
But did they do more testing? No, no, it was the
same testing. It was the same testing. So let me so here.
So you know, although my very first instinct was to call you Tom Martinez
the troubleshooter and then will jack you over this bill? Instead, I decided
to do take a look at the EOBS estimation benefit from this? Right?
The previous ones were laughing? Or did the dynastics? By the way,
hold on, Scott, A lot of people don't bother doing this, and
it's a good idea. But I want to ask you, is this affecting
you because you have to pay this in your high deductible plan? Right?
Yes? Correct? Okay, keep going. What happened then? Well,
anyway, so so when I when I examined the EOBS, what I found
was that, you know, first I thought, well, you see Health
is just gouge amie on the cost of these procedures. That wasn't the case.
They charged roughly to the insurance the same amount that lab Cort does.
But what was difference was where there was a big difference was in the negotiated
rate between the last and the insurance, and that's what resulted in this quarter
dollars bill. Wait a minute, Wait a minute. They normally don't charge
that much, except for insurance. So typically if you look at an EOB
you'll see that the service provider in this case, you see Health will have
an amount built let's say it's like two hundred bucks, and then the insurance
will say, well, here's the amount. Here's the negotiated amount that we're
going to pay. So it's an amount of that two hundred that is an
agreement between the provider and the insurance on how much is I get it?
Yeah, right, okay, And then and then of course if I have
deductible, that's the amount that I pay, right yeah. So the the
amount of negotiated between my insurance and lab poor had been about between between ten
and thirty percent of the build them out in the case of you See Health,
it was more like forty to fifty percent. So when you add that
up over you know, five six, seven procedures, diagnostic procedures, well
you know it adds up to like okay, but I still I'm still not
what. Okay, you're telling me that this that the test costs exactly the
same. But when you go through you See Health, it's more than when
you go through someone. Yes, because my insurance, the negotiated acceptable rate
that my insurance is negotiated with U S Health is much higher than with lab.
Poor. Okay, yeah, you know they're allowing they're allowing you See
Health to charge more. Basically, yes, exactly. But is you see
Health making a markup on this bloodwork? I don't know, I mean probably,
Well how much are they being charged for it? Well, like I
said, what I found was when I when I compare the amount that you
See Health builds for any of these procedures against lab or, they're about the
same. No, I get it. So is here's what I'm asking you
See Health is doing their own work there, then yes, they have their
own lab Okay, all right, I get it. Well, and guess
guess what I guess this is not new in the world of insurance. I
what I thought you were telling me was that they were both being done by
lab Corps, but one was going through you See Health. You're saying,
you See Health has its own negotiated rate, and lab Core has its own
negotiated rate. If you went direct, they would be roughly the same,
right, yeah, And so how much would it be if you went direct?
By the way, if I went to Labcorp, about one hundred dollars
no direct as a person walking off the street, do you know? Uh
no, I well, oh yes, you see Health, the procedures would
have been six hundred and eighty one dollars. Okay, okay, so you
did get some benefit. It's just a pain in the ass, but there's
nothing you can do about it. I mean, that's the way insurance works,
John John Fuller. By the way, with personal injury, doesn't it
work much that way when it comes to negotiated rates with anything. Don't you
find that in medpay? Well, that's a battle we fight all the time
with medpay. And so you know there is here's the thing. The only
reason you have repricing and stuff that goes on in the medical business is because
there are contractual relationships between the providers and the insurance companies. Right if that
contract doesn't exist, then there's no mechanism for that insurance company to reprice that
bill. So one of the challenges we had, at least early on in
the process was, and Mark can attest to this, was they they would
build these exorbitant rates for things that they never actually intended to receive a cash
payment for, and they would submit that to medpay. Medpayer actually pay the
entire bill. So instead of the six hundred dollars that your health insurance may
pay for the MRI, the hospital was receiving twenty four hundred dollars because that's
simply what was billed to your medical payment. So it's a challenge that we
dealt with forever. So that's weird. So you're telling me, if they
bill medpay they want more than if they bill your insurance, Well, certainly,
yeah, they're greedy, just like everybody else. They recognized early on
that if they managed to submit that bill to medpay early on, that they
could get paid one hundred cents on the dollar versus what they had contracted you
to get that. Are you able to negotiate that. Well, not after
they receive the money. You're not. So when we walked into the er
when Addie got rear ended, John was her attorney. Tom As soon as
you give that car insurance information, the hospital asks for it, they go
after that medpay as fast as they possibly can. It's crazy. So really,
I hate to say it. The best way is you don't give and
I I tell me if this is bad advice, but you don't give your
auto insurance to the emergency room because you're going to be first in line for
that medpay And there's no question, is that right? John? Would you
use your health insurance instead? Oh, if you have an option, absolutely,
I would far prefer for every single bill to go through a repricing entity
like a health insurance or a medicaid or somebody. But then therefore we apply
the medical payments covered. And what do you use medsafe? Medsafe? We
use medpay for deductibles, co pays, out of pocket expenses, all those.
If you have insurance so you can still use medpay absolutely, yeah,
we use it to pay back the subrogation that your health insurance wants. Unbelievable.
This is a great lower price. This is great information. Scott.
By the way, I know that's not why you called, but here's what
I want to ask you. Scott. You said you want to get the
word out. My question is why what can we do? We can't do
anything about it, and I mean that facetiously. Why really, I'm not
expecting to do anything about this. My point in the takeaway is that to
your listeners, as can consumers, we tend to be focused on what coverages
our insurance provides. Is this procedure covers af procedure coverage, but we just
we need to also be very aware of negotiated rates between the insurance and the
medical providers, especially in situations like mine, where you know, I change
from one lab provider to another. So it's just got I feel for you.
But I mean a lot of us that have gone through anything like that
know that. Hey, Tom, look at line one. He says he's
got info. Okay, we will come back and talk about this. He
works at a lab. He's going to talk to us about that. I'll
go to him and more coming up. Go with a sure thing Denver's Best
roofer Excel roofing dot com. You don't pay a cent until you're content time
for an insurance checkup free, no obligation. In comparison, call Compass insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three seven seven to one. Help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com to list your home with
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at other places. Now that's waterpros dot net. Jerry says he has some
information. The guy said look, I'm tired. You see bloodwork pay charges
about the same over the counter for their blood work as lab core. But
when you go there through your insurance, it depends on what insurance you have
and what on what they what they what they negotiate, so you end up
paying more as a patient, uh, depending on the negotiated rate. And
you know, everyone seems to be saying, duh, we know that it
does seem unfair, though it really does. I don't know why it feels
unfair to me, even though I'm all for free enterprise. They ought to
just charge a charge and be done with it. And I'll tell you that
this really is unfair and and and I'll tell you why. I'll give you
an example. But Jerry, go ahead, you say you have info on
that. Yeah, Hi, this is it's actually Terry. I'm out of
Alaska. I've called it a few times, Yes, Terry. Yeah,
I work for the other largest lab, which is Quest Diagnostics, And so
I think there's a big misunderstanding here with this person. I get this all
the time. So what happens is these are CPT trips in test codes,
which is a billable code. You have to wait for the process to go
completely through. Because with labs, we are contracted with all these insurance companies
and sometimes Quest is preferred, lab Core is preferred, or we're both preferred,
which means lowre on of pocket. We're always going to be much less
than the hospitals or the clinics because we're the biggest laps in the world.
We have that negotiating power. But when you get an EOP, I get
this all the time. They call and say, hey, this builds so
much higher. Let it go through the CPT process, give it another sixty
days, and that's where the discounts come off. The discounts are going to
come off right away because it has to go through a process because you have
your diagnosis codes. Everything has to be in alignment with diagnosis. Then if
that diagnosis isn't correct, the insurance won't cover it. But then the provider
can add more diagnosis codes and we can rerun it through. So there's a
lot of different scenarios, but the patients need to be paid because we do
provide the best discounts when it comes to labs. If it's going to the
send out lab like QUEST or lab Coort, if you get that same test
done at the hospital, you're paying ten times on the higher amount. But
that's where we get the bad rep because we're contracted with the hospitals for sendouts.
A lot of hospitals do their own lab work in house, so I
would say tell them just to wait. Let it go through the CPP,
the code process. Don't look at the EOBS. That's the explanation of benefits.
Let the discounts come into play, and then you'll get a final bill.
Okay, So, Terry, I want to ask a couple questions on
this right are you saying though working at where you work, do you charge
different amounts depending on who comes in for the blood work? It depends on
their insurance. So if you and I have both, let's just say,
et none, I might pay more per out of my you know, each
month to get a lower deductible, have a lower responsibility for my family.
No, I'm not talking about that. No, I'm not talking about that.
I am asking if a patient goes in there with one type of insurance
XYZ and another person goes in there with ABC insurance, are they are those
two insurance companies build the same or differently, like with your bearer insurances.
Typically it's the same because we're negotiating with the larger insurances like you're you know,
of Healthcare at INA's Blues, all that kind of stuff. But if
it's a smaller one and they don't let's say they don't want to negotiate,
then they typically are going to have a higher rate. But why for the
same work. I'm just curious why, because quest once, it's all about
business. We want to buy, we want to be No. I get
that, I get that, but that's like really and truly. So what
you're saying is if a customer comes to you, being the health insurance company
and they can bring you twenty thousand patients as opposed to a smaller company that
only brings you a few hundred or one thousand, you're going to give the
better price to the volume. Well, are the ones that's going to commit
to us, so it doesn't necessary. Yeah, I know, I know
what you're saying. That makes sense in that regard the volume pricing makes sense
for the insurance company sometimes though it sounds so arbitrary. Uh, it just
really baffles me how there are so many rates for the same exact procedure and
you you know that they're not taking a loss on anything about how about when
the FEDS, I think it was a FED that came out and said hospitals
had to list prices, and they did that, they passed it. But
there's absolutely no one doing it. There's no teeth in it. It doesn't
almost doing it. Okay, we gotta we gotta take another break, unfortunately,
but but we're going to take all of your calls. Scott brought up
a bit good topic with this bloodwork. Thank you, Scott. Three oh
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Time for an insurance check up free, no obligation. In comparison, call
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three all three seven seven to one. Help. You'll think you're his only
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Martino, Your Troubleshooter three all three seven one three talks seven one three eight
two five five Colin. He wants to talk about identity theft. We have
some open lines after him as well. We have Skinny on the line waiting.
Three all three seven one three talks seven one three eight two five five
Colin. What's going on? Hi? My name is Slin and I'm going
because I just recently got frauded and half identity theft and was staying How did
it happen? So? About three months ago I bought a house and I
gave all my information to my mortgage broker and my insurance broker. Two days
later, I had a credit cards put my name, thank accounts to open
my name bunch like that? Wait right right after both of those, who
do you think did it? To be honest with you, I don't know.
I don't think either one did it because obviously they they were, They're
reputable. I got they were actually referred to me, so I mean they
were, they were trusted accountable, so that I didn't and this sort of
business. So I mean, so this was after applying for a loan and
buying the home. No, this was this was this was applying for the
loan to get the best rate and the brisk interest rate and the best mortgage.
How many people did you apply to? Two? That's just one on
one, one for mortgage, one for insurance. That was it? And
then and how did you find out about the fraudulent accounts? How did you
find out something? I got an email. I got an email saying,
hey, your card's on its way. I didn't get a credit card,
so I called the company. It's actually through Wells Fargo's who was for I
called Wells Fargo to say, oh, yeah, this is the open I
said, well, it wasn't me. So they canceled it, closed everything
down which point they said, hey, cool. Obviously you have a fraudulent
issues. So I went ahead, I contacted the RS dot gov made that
stuff. Did you put a freeze on your credit? That's the most important
thing. Yes, you know what that does? Right? Yes? To
where to where? Anytime they try to open up anything with my credit of
anything, it denies it. That's right. So that's you fixed your problem.
Yes, so that was my So that was that. So then two
days ago, so I haven't had any issues obviously. I mean I saw
that they had over fifteen accounts open my name. They had over three thousand
dollars of stuff on Amazon and ebab Wait wait wait all of that in just
a few days. That was No, that was like I'd say, within
a month after giving all the information out. But yeah, it was pretty
clicked. Did you get it all handled? Though, I guess I'm not
I'm missing the question. Yes, So here's my question. Yes, So
what happened was two days ago I get a call from the Treasury IRS.
Yeah, the number was correct, I verified it. Everything was good.
Yeah, but that's boom, that's wooly. They're not going to call you
ever, They're not going to hang on Colin. We need to tell people
that because you saw, because you saw the number, it was the number.
Hang on, we'll talk about it coming up. Go with a sure
thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent until
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So you don't have anxious can Shooter's gonna help? Come? Man Dix
is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino here,
Welcome to the show. Three oh three seven one three talks seven one three
eight two five to five. Dan McKenzie. This is a law firm that
does wills and trusts, beneficiaries, deeds payable on death certificates. What you
need for your estate, you call him. He'll help you make a plan
and it's easy to remember his number. But everyone should have at least a
plan. He does great person to person meetings, quickly, efficiently gets everything
done. Mackenzie law. They're lean and mean when it comes to your state
plan eight three three co plans eight three three COO plans. The website is
coplans dot co. By the way, that dot co, I don't know
where it came from. It's not for Colorado, but everyone uses it for
Colorado. I mean, I don't think it was originally for Colorado, but
I love it, like even John Fuller here today, my accident lawyer,
dot co. It's so cool. But I don't believe that top level domain
was purchased for Colorado. Was it, Mark? I don't think it was.
I don't. I don't really believe that was the original purpose of it.
Yeah, I think it was. Oh it was, I think pretty
sure. Yeah, yeah, yeah, like dot az Arizona. I'm pretty
sure. Yes. Oh, okay, I didn't know that. That's cool
because I remember one time there was a dot CC out there. There still
is, but a lot of the clear Channel people at the time were taking
it saying, you know, for clear channel dot CC, but they adopted
it kind of. But in any case, yeah, you'll see a lot
of websites like that showing up. All right, I'm gonna I want to
go to Steve Sizik, who's with Larson Tax Relief, and I want to
ask about this problem from yesterday. Now, Steve, we did get I
think a solution for this problem. Another guy had a similar problem and he
told us how he solved it. But I still want you away in on
it. Larsen Tax Relief. By the way, these people are great for
any tax problems audits. If you haven't filed, then years and years and
years and you want to get right. But with Jill and Blake, they
simply went to a tax preparer and they attempted to file electronically, and the
irs rejected their return and said that his Social Security number had been used already
to file a return. Now we suspect it might be identity theft. But
you must have heard of this before, have you. Yeah? I dealt
with it this morning, actually with another taxpayer who had a fraud indicator on
like a twenty nineteen return. So it happens all the time. What do
you do about it? There's a couple of different options. There is a
fraud you know indicator line that you can locate on right DOV. Yep,
we found that. We gave that to them yesterday. Uh huh, yeah,
that one's fine. But this time of year, you know, good
luck get a hold of those guys, because everybody and they're you know,
their mom's trying to file their returns, and this is something that's fairly fairly
endemic. Uh what I was doing actually this morning, there is uh,
you know, local taxpayer Advocate which you can find their their line on the
IRS as well, just taxpayer Advocate or a form nine one one and you
can actually call them directly if you file a if you file a nine to
one one request, it's probably for more complex things you're not going to get
a response as quickly. But if you call the the tax Payer Advocate Division
in your whether it's in Denver, they've got them everywhere. They've got them
in in every you know. Yeah. Now they they claim that there's a
dedicated number just for identity theft. Is that true? That eight hundred nine
zero eight ninety Yeah, but you're saying, is still hard to get through
on that one too, you know. Yeah, Okay, go to this
time of year, if you if you wait till after April fifteenth, you
probably have a better chance, maybe like an hour. Wait, but uh,
it's it's a it's a function of you know, how much brain damage
do you want to suffer through in order to get it addressed. And they
say there's a form you could do too. But but here, let me
explain though, what another person did. I was just thinking about that.
Uh the the other person said, he called up and said it happened to
him, and he found out that was because electronically they find out instantly.
And instead he filed by mail. And he said, they work it out,
they investigate. If it's filed by mail, it will not just send
it back to you. Is that true? That guy, in my opinion,
is got lucky. Typically the IRIS doesn't do anything on its own.
As there's a fraud indicator, they will For example, for this client I
had this morning, they actually deleted their return. See this guy said,
oh, you just file it by mail and they'll process it. No,
no, no, that's once again. You know there's aye even a blind
squirrel can find it that every once in a while. Okay, you got
like, okay, see if they and you deal with them way more than
we do. So now Jill and Blake. Their problem is that what their
tax preparer did was took his name off the return and just filed it in
her name. But it resulted in a lesser refund than they would have gotten.
So maybe what they do is go through the process of getting it corrected
and then file a ten forty X or an amended return. Would that be
a suitable Uh No, they wouldn't need to amend it, you know,
So at the end of the day, the original turnat was a fraudulent return
which should be deleted and then they would file their correct you know the Yeah,
but they already filed the return. Now, see when that one,
when theirs was rejected because there was a duplicate return somewhere or a duplicate number,
they refiled with just her name. Okay, is that the wrong thing
to do? Yeah? Okay. You know, ideally you'd want to have
the fraudulent return completely deleted in the system and then have your correct return then
processed as But how do you how do you get their attention to do that?
So if you don't want to wait on the four hours, like I
said, you can call the advocate. What they'll do is they'll get a
two forms of ID from you that you then secure to them on a you
know, up a secure uploaded server and then they process that through directly to
to the fraud division. And that what that starts the that starts the motion,
you know, the wheels in motion for getting be it that fraudulent indicator
pulled, any false returns removed, and then you can that advocate can actually
file the return directly for you as well, so that you know that it's
getting processed. Correct. But that's a different number than the than the TACH,
than the fraud one. It is it is. Yeah, so that's
the text. It's called a form nine one one. Or if you can
go on IRS that up. Just look up taxpayer advocate and they've gotten they've
got numbers listed for every division in which they exist and operate. Okay,
so chill in Atlanta and ors do that, go to uh look for the
taxpayer advocate because right now you already filed. So I don't think they have
a choice. But when they get it fixed to do an amendment, add
Blake stuff to it, and then they'll get the additional money bag. But
because they don't have a choice, they already filed. Yeah, yeah,
they were being very proactive, which I commend, but unfortunately with IRS.
You know, all right, now I have another question for you, if
you hang on real quick, real quick, Colin. Colin, you said
that after you bought a home, you said that you were a victim of
identity theft and there were many many accounts opened in your name. And then
you said you got a call from the IRS recently, and you said,
oh, you know it's real because it showed up on caller ideas the real
number. Blah blah blah, it's not real. The IRS never calls you.
And here's what I think happened. That people who stole your identity are
calling making believe they're the I R S. And they have enough information on
you to fool you. What are they asking you to do? Well,
it already happened. It's the sad part. Did you pay them fifteen thousand
dollars? Wait? No, no, no, no, no, no,
Colin, how did you pay them? I put it into an ATM.
Wait a minute, which I know, sound a sound? Is it
sounds ridiculous? I understand I By all right, Steve, this is happening
too, right, the people masquerading as IRS agents what does that mean?
You put it into an ATM. By the way, can you put Larsen
Tax up at not? Not Steve. I just want to give their number
out. It's eight. I know it's a four to four Larsen Tax.
I want to thank them for being here Larsen Tax belief dot com in the
future for Larsen tacks in the future time. We should give out Steve's direct
number. Yeah. Yeah, Hey, Colin, listen, we need to
explore. Honest to god, you lost fifteen grand. What did they tell
you you? They were collecting for Colin. So basically I have all the
information. Everything was opened, right, so I have all that stuff.
So they called me. They say, hey, I am Susan. Here's
my employee identification number. Cool. This is who I work for? Cool?
All right, awesome, here's my phone number. I verified all that.
Cool. Are you are you calling million? Yes? Is this your
address? Yes? Is this is this your phone number? Yes? Perfect?
Verified who I was? Cool? Now we verified who you are because
of what it is. We have a package in amber Lead, Texas.
Do you know anybody in Amerland, Texas? I said no. But here's
the thing is, I have all the fraudulent stuff's been happening, has been
happening in amber La, Texas, so it makes sense. Well, yeah,
they're all the same people, including the woman you're talking to. So
what happened then? Correct? So then what happened? Then? She said?
Cool? So we have fifteen accounts open to your name. The last
three days, they've moved five hundred thousand dollars from Mexico to that account in
Amarillo, and so and so we have all the accounts in your name.
So she said, every single one of them, all fifteen, and they
were correct. The ones that they had were the ones that were actually opened.
You know, well, of course, because they were the ones that
opened. And then what exactly? So and then at that point she said,
cool. So then she said my actual account, said, well,
that one's mine. I said, that one that is my personal account.
She said, oh, okay, Well, if that's the case, if
you don't want it frozen in the next four to five hours, we have
to get you with police, and we have to get you with and you
have to go to the bank and you have to withdraw money. You need
to with one thousand dollars in your saving you account and one thousand dollars in
your teking account, at which point when you pull the money all just seal
Number'll be right on the bills, okay, And at which point I also
had to be on the phone the entire time, was not allowed to hang
up, was not allowed to talk to anybody else, which makes it.
And they said they were from the IRS. Correct. Did you suspect that
all this that the IRS would never do that to you? No? Because
I had just been going through the identity staff, which that you were just
talking about with the last guy without Yeah, And that's why they sounded so
convincing. But here's Colin, this is really important. So they told you
to draw money out, but where does it get to the part where you
fed money back into the machine and where did it go? So basically so
then they say, cool, what you need to do is they have my
They say, cool, we need to go to this bro. You got
to catch that. Did you catch it? Shannon? We've got to take
a break, Shannon, did you catch it? Please? A yes or
a no? Yes? Thank you? We have he said a bad word.
I'm going to come back to him, but we have to wait for
our delay. Hey, Tom, can I say something as long as it's
not fat. Yes, for for anybody that's listening. If you are a
victim of identity theft, there's a site it's called Identity Theft one word dot
gov and if you go there, they will go through every step of what
you need to do as far as dealing with identity theft. Yeah, but
they're not going to recover his money. No, no, no. This
is for people who are listening, not for him, it's too late.
But for anybody who's had the identity theft, it will go through every step
you need to do so that you protect it as much as possible. Now,
what's really funny is this guy said they had all my information, so
I thought they were correct. The reason they had all this information they were
the scammers. Hang on, we have more coming right up. And this
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three seven seven to one. Help. You'll think you're his only customer when
you choose Frank durand the real estate Man dot com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino,
you're troubleshooter three O three seven to one three talk three O three seven
one three eight two five five. All right. So Colin said he was
a victim of identity theft, which led to a phone call, and that
phone call led to him somehow drawing money out of his account, thinking that
he had to do that for security reasons. The people kept him on the
phone the whole time, claiming they were from the irs, and they just
played him like a fiddle. So he went and got his money. And
then he tell me, how how much did they tell you to draw out
of your bank Colin? They didn't. They just said leave one thousand dollars
in saving the account and a thousand dollars in my checking account. And what
did they say to do with the rest of your money? They say,
pull it out in cash? Then what? And then he needed to take
that money and keep three seats and everything else, and then go to a
gas station, which, which you said before was really suspicious. You used
it naughty word, right, and so it was effing suspicious. You said,
then what happened? Yes, so at which point she said, yes,
I know, sir, it looks very suspicious. She's like, we
get that all the time, and I mean anything that I had a slight,
but this was weird. She had an answer for immediately every time,
Colin, what did she tell you to do with the money? She said,
you need to create an account, said, so, I created an
account with my phone number. So I did that. There an account at
a gas station. Yeah, so it's called a sena ATM And basically what
you do with it, I think is you can my bitcoin other cryptocurrencies.
And it's no point during any of this you didn't go this is stupid.
Yes I did. But to put the greenbacks into the ATM, Yeah,
I continue to go ahead, Yes, I continue to do that. And
the whole time it felt iffy, but at the same time it just it
all made so much sense because the dates, the times, the addresses they
all matched, which made sense because it was the same people, which I
didn't even know. And I didn't know that you were able to mask your
phone number was somebody else's phone number. I didn't know that. Yeah,
yeah, okay, So then Colin, they told you to open an account
and deposit the money, right and what did they say was going to happen?
Then they said, at which point they will make sure all of the
numbers match on the bills that go into the ATM match what I pulled out
of my bank account. If they do match within two hours, they will
release the funds to the trift from the police station. I wish the police
thing will release the funds, which point I can withdraw the money. Okay.
So then, okay, so I want to know when you found out
it was Sam, So you put the money in. Then what she said,
cool, this officer and this officer, there's their bad numbers and they
will meet you at your house at three o'clock. Okay, so you went
home and wait so much? No, I called immediately after that. Why
after she hung up the phone, because I just it felt weird, but
I wanted to verify that. So when you called the police, what police
department? Did you call Adam's County Police department? You mean the Sheriff's department,
Yes, And what did they say? And because they said that they
had no regulation of anybody calling anybody and they do not have officers with those
badge numbers in their system. And you knew you'd win ripped off, Yes
at that point. Yes, So at which point I was like, Okay,
well I created my own account, so that shouldn't be no big deal
to pull my own A big deal. Yeah. Well, the problem was
was because they had all my information. They had already created my account.
So when I created the account, I did create one, but it was
already created, so it just set me my old QR code or my old
wallet, which they had access to. I did not, So they had
already throwed that money out. Correct, Yes, so it's gone. So
did you try that number? That number on your caller ID? Whose number
was that? It's the it's the actual IRS office for the Treasury of Okay,
so the actual number. Yeah, so Colin you saund how old are
you? By the way, I'm twenty nine. That's a lot of money
for you to lose. M God. So but here's the thing is that
the big, the biggest reason why I'm calling is to a to get the
word out because I have never heard of anything like this ever. I've heard
of. Hey, you know your mom, if you listened to this show,
you know, if you listened to this show, you would have known
immediately it was a schep. You would have you would have immediately, you
would have known. But I also want to say something that I was shocked
about. I actually was having breakfast with someone, someone that I know that
I mentored a little bit, and he and his wife were with me,
and or not breakfast, I might have been dinner. We were talking and
he said that he could not log on to his bank, and he called
a number for the bank. He happened to call a spoof number that wasn't
his bank. And he was on the phone sharing his screen when his wife
walked in and said, what are you doing? Banks never do that,
and she disconnected the computer and saved their ass. And this is a guy
that actually has worked with us in the past. So it's amazing to me
how convincing people can be. So I don't think it's impossible. I think
it happens to the best of us. And it's a shame Colin, and
you're you know, as far as getting the word out, we do that
each and every day. This story is chilling, and it all started when
they somehow got a hold of you. I'd like to know where the whole
was to begin with, where they got all your information, because it is
the only two people that have my information ever were two credible businesses. But
here's the thing. Did you tell those businesses? Yes, what did they?
People said, We've never had any issue like that. In the end,
twenty eight thirty years have been in this have never once had an issue.
And you're thinking it's too much. It can't be a coincidence, any
coincidence. Two days, two days after giving my bank account information, my
social security my address, my ID everything to buy a house, you know,
you know, all that stuff they had everything. Somebody could be working
for them on the inside shuttling that information out. I don't know. But
my other question was because I've done the LifeLock, I've done everything that I
can do online everything. So my question is, as long as I don't
do physically something like that, again, I'm protected right Like they can't like
open up a credit card my name, I don't have to be in it.
If you have a credit freeze, no one can open anything in your
name. In fact, sometimes I forget I have the credit freeze, and
when I apply for something, I'm turned down and I say, what the
hell am I turned down for? And then I go and find out that
it's because they couldn't put a check. Sometimes they tell you they can't pull
the check. At other times they just turn you down. But always keep
the freeze on and only on freeze it for a couple hours at a time.
I'm telling you you have to lock everything down, and you should have
two party verification for everything you do, meaning when you have a password,
you also want them to text you a code to your phone. Okay,
always, Now here's the other thing. Don't know this. No one will
ever ever, ever, ever, tell you again, ever that you need
to take cash out of your account. No one that's a no one will,
no one, absolutely, no one that never happens. That's a sure
sign of a scam. I'm sorry to having con three oh three seven one
three talk. I wish I had better news. Three all three seven one
three eight two five five. Go with a sure thing Denver's best roofer Excel
Roofing dot com. You don't pay a cent until you're content. Time an
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seven seven to one help. You'll think you're his only customer when you choose
Frank durand the real estate Man dot com to list your home with Remax Alliance
three all three nine two zero sixteen twenty two. Hi Tom Martino, you're
a troubleshooter through three three seven one three talk seven one three eight two five
five. I noticed this guy's been on for a while or this woman.
Skinny goes by the name Skinny. Hello Skinny, Hey comod what's going on?
A long term fan? What kind of name is skinny. I'm just
a skinny guy. Used to be a professional musician. So oh okay,
arms playing the drums just out of the skinny guy. So what's happening.
So I run a business in the music industry and everything, and so I
have business insurance and lots of assets and all of that with the equipment that
I have. So I have insurance, and every month, my insurance comes
out, and I just know how much my expenses are every month, and
I keep a certain amount of money in my account, you know, fifteen
grand or so in the off season, twenty twenty five in the on season.
I just you know, make sure that I've always got enough money for
all the automatic payments to come out so randomly. Yesterday morning, my insurance
company took twenty thousand dollars out of my account. And twenty thousand dollars.
Now, had you been paying your premiums right along? Well, you know,
I set it up on auto payment, right and usually those payments can
be around, you know, three and a half four thousand dollars or so,
and I kind of noticed that they were a little bit low, and
so, but I wasn't worried about it. Right, because I just kind
of set this up. How were they skinny? How low they may have
been like two thousand dollars? Well, how let me ask you this,
skinny, How when do you make your payments your premiums monthly or yearly?
Monthly? Yeah, they just come out monthly. And how much are they
usually usually? What are they monthly? H And they're usually around uh like
I said, about thirty thirty five to four thousand thirty eight every every single
month. Yeah. Yeah, Like I do about a million a year in
revenue. And uh so there's there's all of the equipment, and now what
do you what do you do? Can you tell me so I can have
a better picture what do you do with your business? So I wrote a
company called SSS Production. Figure the stagings, Like I know you've been to
Denver Octoberfest, right, right, and so you know the trailers that turn
into stages that go out the end of the road. And yes, so
I've got seven different stages. Okay, so this is this is amazing.
Your setup is okay, So so skinny, skinny, In order for me
to help you, you have to draw cash out of your account and go
to an ATM I'm going to tell you where to go. Oh you heard
that damn call, So now you're not going to do it, Okay,
so listen. So, so your payments were running low, and let me
just guess, was this a makeup because they were taken out too little in
the past. Yes, So randomly, without telling me, they decided to
run eight of the payments for the I think it was my auto bak And
do they know? Why? Do they know why they were lower than usual?
Why they underbuild you? I have heard that the insurance company isn't you
know, full of incapable people, but their billing company that they hire to
do the billing is full of incapable people. So but here here's the thing.
And I think John Fuller, who's our personal injury attorney, but he's
there, he's also an attorney. I mean, he knows what he's talking
about. And I think we've probably heard stuff like this before with accounting errors.
If you truly owe the money, the burden is this. You plan
for you just said it. You plan for cash flow, you plan for
expenses, and technically you should have been planning for around four grand a month,
and when that was artificially low, you had more money, you didn't
notice it. And what happens is when they take the money out, that's
rightfully theirs, although not when they said they would. It puts you in
a bad way. We have had this same recurring problem with you name it,
not just with insurance but with even all kinds of stuff where people end
up especially utilities, where people end up with a lumps do. What they
should have done is called you and said, hey man, we've been having
an error. But to just take twenty grand all at lunch is crazy,
That's what I say. And you summed it up perfectly. So I don't
deny that I owe the money. I've had coverage the whole time, and
so and I can manage it because whatever, it's twenty grand, it's the
off season. That's a tough pill to swallow. But I could manage that
if they had just called me and said, okay, take double the payment
over the next six months. Is this an insurance broker you're dealing with.
So I have a great insurance. We're going to get down to the bottom
of this. And yeah, but now of course I'm like overdrawn five grand
and then another payment comes out and another man, they should have never done
that without notifying you. That to me was reckless. You know, it
depends on what your contract says. It might even be a breach of contract.
Do you have been writing somewhere how they were supposed to draw premiums?
Yeah, you would think right. You signed contract saying that you're allowing them
to take the payments out, and then they say they're going to do it
in monthly installments, and then when they don't, that's the question is like
when they don't do it in monthly installments and then they come back, I'll
have to look at the letter of the law to say, like, because
obviously this is going to be painful and it's hurting me for all these overdraft
fees that I'm getting in the last But may I ask something if you do
budget, If you do budget, you should I mean, for example,
I've had cases where sus will come to me and say, you haven't been
built for this in a long time, or this guy never cashed a check
we sent or something. I mean, in other words, doesn't extra money
show up for you? I mean, how many months does this represent of
underpayment? It was eight months? Over eight months. Why wouldn't you notice
extra money as a result of this. I mean, I'm not trying to
give you a hard time, but why wouldn't you notice that? I mean,
I, like I said, I sort of noticed that those payments were
lower, you know, And I know insurance payments can fluctuate because they are
you know, your assets might appreciate this. Just things happen right where you're
not ensuring as much or you're ensuring more, so they go up and down.
Yeah, but you're the one that determines that, not your insurance company,
right right. You know, at the end of the day, I
just put things on auto pay, and I assume that you know what I
you know, I can see where that happens. I see what you're saying.
You just put it on auto pay and you didn't so you okay,
I get what you're saying. And you don't necessarily draw a profit or anything
in you're every month and you're not. I can see where that can happen.
Yep. I can see. Yeah, it's terrible, terrible, terrible.
But then theoretically the money should still be there too, because you don't
necessarily live hand to mouth, So the money is there because you were paying
less than you normally had accounted for right, like, and I'm just cash
flowing every month of course, and and so it's just a surprise. Now,
did you have a question for us, like, like, did you
want to know if there's anything you can do about it? Yeah? I
guess the question is, right, is there any legal sort of you already
mentioned that you alluded to it where I'd have to look and see if if
they took payments other than the terms of your agreement, you could argue that
their recklessness or breach of contract cost you some inconvenience, over draft fees and
all of that ultimately all all than the money. But they did, they
were in breach of what they said they would do. I mean, John,
is is that kind of how you feel? John Fuller? Yeah?
I really feel like that. You know, there's there's a certain responsibility that
goes along with putting things on auto pay and and and stuff. And I
know that I if I were, you know, expecting a certain amount coming
out for insurance and it was being charged a lot lower, my immediate concern
would the am I getting the coverage that I'm supposed to be getting? And
if something, you know, is something wrong here that I need to go
check out, and I would affirmatively call those people and say what's going on,
what's the deal, and we get to the bottom of it. By
the way, that's John Fuller, my accident lawyer, Doscio. He's here
for other reasons as well. We have more coming up. I got to
take this break, and I know Annie has a quick question. I'll get
right back to her. Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content. Time for an
insurance check up free, no obligation. In comparison, call Compass Insurance paying
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seven seven to one help. You'll think you're his only customer when you choose
Frank durand the real estate Man dot com to list your home with Remax Alliance
three all three nine two zero sixteen twenty two. Hi, Tom Mars,
you know let's go to Deputy Chopper. He has a follow up. Deputy
Chopper, I hope we can get to you. Yeah, this is a
I'll make it quick. I won't do my rant, Tom. Uh.
Remember you can do your rant. You can do your rent later. Go
ahead, Okay, we had to two days school. We had a lady
write us a letter about her apartment and the problems, and she said Catholic
Charities should know about everything and people shouldn't die in her apartment. Well,
I remember that she's saying. It was terrible, terrible condition. She was
saying, you know, people were just croaking everywhere. Man, yeah,
and veterans especially, she said veterans. And then they don't find him for
weeks and weeks. Was she exaggerating a little or right? I have no
way of knowing that, but I contacted Catholic Charities, their media relations lady
Stacy, who wasn't an excellent contact. She took the letter, looked at
everything, gave it to their director, and they went out anything that applied
to running the building. They took care. They couldn't handle, you know,
people dying because of course not what happens. Yeah, well that's good
though, that you hey, make sure we put that on our angel list
there, that would that's great. It always kind of irritates me, just
in general, when people are some form on some form of a subsidy and
they're complaining left and right. Now I'm not saying that they shouldn't have been
living conditions, but Catholic charities, you know, they're creating low income housing
that might not be there if they weren't doing it. Yeah, and I
know what they're saying. Yeah, Yeah. I talked to Stacy and told
her I want her to be my angel, and she has no problem with
us contacting in the future. Good good, good, because when we have
problems there or inquiries, I say it's a good place to start. If
you want to ran, Deputy Chopper, feel free to do that. Coming
up in the next hour, I'm Tom Martino three oh three seven to one
three Talk. I also have some text questions for John Fuller Fuller Law,
and we'll talk to him coming up three oh three seven to one three.
Talk is our number seven one three eight two five five. Go with a
sure thing Denver's Best roofer Excel Roofing dot com. You don't pay a cent
until you're contenth Please time for an insurance check up free, no obligation comparison
call Compass Insurance paying too much your coverage at dozens of insurance companies find out
now three oh three seven to seven to one help. You'll think you're his
only customer when you choose Frank durand the real estate man dot Com to list
your home with Remax Alliance. Three oh three nine two zero sixteen twenty two
ripped news you need that you don't have? Come runs just as fast as
we can. Shooter's gonna help come, Man Dix is the Troubleshooter Show.
Now Toohn Martino. You know down there all right? Three oh three seven
one, three eight two five five. Welcome to the show. By the
way, I'm not sure what happened to Tom, but we'll get him back
up here. Here's the deal. Three zero three Martino. That number of
works on and off the air. You got any questions right now, it's
a great time to get through. Three zero three seven one three eight two
five five. Let's get right to the phones. Randy, what's going on
with you? I purchased a twenty twenty hundredridge line from Auto Nation on the
other than four okay, let's less than ninety days ago. It had a
certified It has a certified. Hey, Randy, when you said left ninety
days ago, what does that mean? You bought it ninety days ago?
Last night? Yeah, within ninety days oh, okay, gotcha, got
it. I had the opportunity to turn the air conditioning on for the first
time since I've purchased a vehicle. It was blowing hot air. I took
it back into the dealership. Did you buy any kind of warranty or do
they have any kind of warranty when you buy a used vehicle? This is
a certified pre owned Okay, with a Honda true warranty. Well, hold
on a second, Randy, I'm not very familiar with the Honda warranty.
But is there a bumper to bumper and a power line? What is the
warranty you have? Yeah, bumper, the bumper with the power line for
how long? I know, I'm within that period of time. I don't
know specific. Okay, So you're saying it's under warranty no matter what,
right, Okay, keep going. So hondsa dealer, you know, they
said it passed one hundred and eighty two point inspection, were included the AC
sure And now I've taken it in and they say there's a leak in the
AC system and at the repair will more likely be covered by the Honds of
warranty. But they charged me six hundred dollars just to diagnose the problem.
Well, a couple of things here, man. One, there's no way
of telling if that AC worked or didn't work when you purchased it. You
follow what I'm saying, and I would guess just logically looking at it,
it probably didn't work. And because it's cold out, you didn't use it.
I get all of that, but they do have an argument there.
And then the second thing is, I'm still not sure about this warranty.
I think what you have when I look up a certified pre owned Honda,
it has a powertrain coverage of seven years or one hundred thousand miles. It's
not a bumper to bumper, so therefore it would not cover the air conditioning.
I think when you cover the air conditioning, it says specifically in the
warranty information. I've got that the air conditioning is coverage. Okay, so
why are they charging you for it? Randy? Power trains don't normally cover
that. Do you have a separate warranty in addition to that? Yeah,
I've got the warranty paperwork in front of me. I mean, did you
buy that warranty or did it come with it? No, it came with
it. It's certified pre owned, it came with it. I don't so
you didn't purchase another warranty? No, I mean it's just a certified pre
owned Honda. How many miles are on it? Nine? Okay. I
do not think you have a warranty for the air conditioner, but I could
be wrong. I could absolutely guarantee you I do. Okay, Then why
are they charging you? Okay? Hold on? That's a good question.
You have in writing there the Honda warranty and it says the air conditioner's covered,
right, Okay, So Mark asked, why are they a good question?
Why are they covering it? Why aren't they covering it? What they're
they're charging? They're charging me. Oh, the diagnostics to diagnose the problem.
Okay, hold on, which I think is said, that's weird.
So what would prevent them from charge you never heard of it? What did
they say is wrong with it? Randy? What is wrong with the AC?
So there's a leak somewhere? What do they have to replace? I
don't know yet, but what they have to do is they have to recharge
it quick die and let the dye come up so they can determine where the
leak is see mark, they are going to fix it. They're just saying
it cost them six hundred dollars to find out what was wrong with it.
Well, I've never heard of a warranty like that. Never, never have
I. I mean, did you ask them how they justify the six hundred
dollars? I mean, you have a warranty and you took it in under
warranty and they said, Okay, the warranty is going to fix it,
but you have to pay for the diagnostics. Well the problem, I think
where the problem arises is that the warrants is through Honda and not through the
dealer. Well, what does the warranty say? Have you have you pulled
the warranty and read who's responsible for diagnostic testing? No? I didn't,
I didn't know. Is this the dealer you bought it from? Yeah?
Are they a Honda dealer? Yeah? It's an Auto Nation Honda on one
hundred and fourth in schedule. I don't get it to me when you take
a car in for warranty work, I have never heard of them charging you
for diagnostics? What years that ridgeline? Okay? Okay, and rise you're
for non powertrain coverage, it says is covered scario. Does it say anything
in the warranty about diagnostic charges or for how long is it covered? You
know it's it's uh okay air conditioning system compress or compressor clutch. I probably
want to look under this section of what is not covered? Right? That's
exactly right, except do you have exclusions there in that policy? Can you
send that to us? Do you have a digital form of that? Yeah?
I just good send it to us. Three oh three seven one three
talk. That's what we need to do rather than guessing three O three seven
one three eight two five five mark. Have you ever heard of, ever
heard of a warranty ever? Well, and even consider that a warranty.
So my check engine light comes on and I go in there and they charge
me six hundred dollars to diagnose it and tell me I got a bad gas
cap and give me a five dollars gas cap. It makes zero sense,
right? Or or what's to prevent them from charging five thousand dollars? And
you need a new engine but it cost them five thousand dollars to figure it
out. I mean, you know, there's got to be something in that
warranty we need to look at three all three seven, one, three,
eight, two five five. I totally agree with John. We got to
see it. It's probably a matter of contract. Again, you may want
to try another dealer to see how they handle it. That would be the
most crooked warranty I have ever heard from a car manufacturer. There's crooked ones
out there on the secondary market everywhere, but for Honda to have a certified
vehicle pay diagnostics, that's worse than any other brand I've ever heard of.
I have never paid for diagnostics on a warranty issue on a Hondai ever on
a Hyundai. Right, And this one is this, let's put it this
way. Particular one is this particular one is for It's not the regular Honda
warranty, right, it's for the certified pre home. Yeah. So I'm
looking at Honda's site. They have Honda True Certified plus Honda Truth Certified,
Honda True used and then used. So they're they're listening everything. I have
no idea what he bought, though we got he said it's a True What
was he calling? And I want to get the exact name of that.
Yeah, but there's multiple ones. There's Honda True Certified plus Honda True Certified
and handah, you know, Randy. What's the name of your actual warranty?
Is he there? That was my bad Tim he's there, Now go
ahead. What is the name of your policy? The actual name? Just
true certified. That's it. Yeah, Okay, what's that it's not the
it's not then, okay, got it? Okay, Well we'll look at
it. We'll look at it, send it to us. Well, we'll
be right back. We got more three oh three seven one to three talk.
I'll be interested to see what that does. Denver Regen dot com.
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think you're his only customer when you choose Frank durand the real estate man dot
com to list your home with Remax Alliance three all three nine two zero sixteen
twenty two. Hi Tom Marksino here three all three seven one three talks seven
one three eight two five five. John Fuller's with us, and I want
to talk about a few things. I've been getting some questions here. Here's
a real easy one. I know it's one of your most terrible subjects because
he's called my accident lawyer dot co. And he's even though he takes other
kinds of personal injury, he said, premises liability is one of the worst.
First of all, John, before I even ask you this question,
this person wants it was about the last snowstorm. Why are premises liability lawsuits
so hard? Well, it's easy because our Colorado legislature back in the eighties
decided that the simple concept of negligence was too low of a standard for us
to use in Colorado, and so they set out to build a statute that
would define the duty of landowners so that we had a tougher road for claimants
to go down before they could prevail in you know, what's commonly known as
a slip and fall. So our legislature decided that they wanted to make it
very difficult for people that had been injured to actually successfully bring claims. So
can I ask something? So they made it very difficult, and I want
you to spell out what it takes to do a lawsuit for premises liability,
But I want to I wanted to ask you something. When was that?
When were those laws passed? That to me sounds so me. First was
passed back in kind of the era of tort reform, which was the early
to mid eighties. I think the latest rendition was about eighty six. And
in fact, first the first version TOM was so bad that it was subsequently
declared unconstitutional and they had to go back and kind of revisit it come up
with some different different verbiage to pass muster. But the main thing that they
did is they they they recognize, which I don't have an issue with,
that there are different statuses that people can have on property. So the different
statuses are obviously, trespasser would be somebody who's owed the lowest duty of care
because they're not supposed to be on the property. The second two are invitees
and licensees, and those are a little less clear as to what they what
they amount to. But it's an effort by the legislature to say that the
duty of a landowner or the person responsible for property is different depending on your
status on the property. And so somebody that is there for their own reasons
only, it's going to have a different standard than somebody that's they're doing business
with. You like a a customer at a store, if you took a
grocery store, So you have your customers, which would be considered what are
they well, their invite the customers are considered invitings, and the bran guy
that's delivering bread would be a leasey, would be a licensee or a licensee,
And so that's a great that's a great example of the different standards.
So the guy that is there as a customer is going to enjoy the most
protection, and the landowner is going to be responsible for a dangerous condition that
they knew of or that they should have known of, whereas the guy that's
the licensee has to actually prove that the landowner was aware of the dangerous condition
and did nothing to protect from it. So that level of knowledge is the
difference, and in many cases that's a huge difference in terms of being able
to prove the liability of a landowner or not. And real quick, the
grocery story. Again, if oil spills, a glass breaks and it's oil,
and someone slips and falls, does it matter? If the cost doesn't
matter how long you'd been sitting on the floor, If it's been there for
one minute or an hour, does that matter? Yeah, it does matter.
And the statue says a new or should known standard. And so the
reason why when we have a grocery store case we get sweep logs and mop
logs and stuff that show that they were down that aisle like every six minutes
is because they understand that the jury is eventually going to have to consider and
decide whether the efforts that they took were reasonable. So it could have been
there for three hours. If a jury decides that that's reasonable, that they
didn't discover it in three hours, Okay, you and I know that that's
probably not not going to an employee walked by it and decided he was going
to be lazy and kept going for sure. Yep, now what about this
one? Then somebody wants to know. With the last no storm, they
were out in front of the business and slipped on the snow. It hadn't
been shoveled well at same standard dangerous condition that they knew of or should have
known of. And it goes deeper. We have to consider the role of
the land owner. Is it the land owner, is it a lessie,
is it a tenant? You know, all those issues have to be worked
out as well, but it's an unreasonable failure to take reasonable steps to protect
against the dangerous condition that you knew of or that you didn't or that you
should have known of. So you've got two unreasonables and anew or should have
known all in the same senate. So the reason they're so tough is that
you can you can just manipulate that sentence fifty eight ways from Sunday and arrive
at a different conclusion. Okay, and if you're if you what if you're
walking by the store on a public sidewalk, but they're responsible for shoveling or
clearing the snow, You're not there. You're not an invitee. You're not
a licenseee, are you. You'd probably be closer to a licensee in that
situation. But again, here's really just walking past the store. You're there
for your own purpose, your own benefit. You're you're traversing the property to
get to a location that you know is entirely self serving. So it probably
would be a licensee. But here's one of the challenges Tom, and this
is the crazy part about the statue is those issues are for the judge to
decide, and that typically happens right before trial. So you may go all
the way through the litigation process and not know exactly what the standard is that
the landowner's going to be held to when you actually go to trial. And
that's what makes them so difficult to get resolved, is that there's so many
variables that are not decided and are not clearly known the as you go through
the process. What insurance cover you before you even go to court, Like
if somebody's bucking by in falls or does insurance fight that kind of thing,
Well, they're going to fight every one of those cases. I mean,
for a long long time, every single case I had that was a premises'
case went into litigation. So I mean every single case went into litigation,
and so you had to know that going into it and As a result,
we're very selective in the cases that we take for premises liability because we know
we're going to be held to, you know, put up or shut up,
So we're going to probably have to go into litigation. Now that doesn't
mean that you'll actually have to go to trial, but it means that your
case is going to be test they're going to review everything, they're going to
depose the witnesses. It's going to be hotly contested and litigated before you finally
get it resolved. At the end, someone else wants to know. If
you are injured and can't work, but you didn't have a job, but
you can show what your income would have been, you couldn't even look for
a job, how do you figure out lost wages? Well, that's a
really touchy gray area. I am of the opinion that that hypothetical losses are
not damages that you can truly claim. You know, obviously there's lost opportunity
things that you might be able to carry the burden on. But if you're
unemployed, and unless you can truly show that you missed an opportunity, that
a job offer was on the table that was going to pay you a definite
amount of money, it's going to be very tough for you to prove that
in court. Well, you'd lost me a little bit there. So if
you have someone, let's take twenty five years old and they're a lost student,
and they have this path ahead of them of making x amount because that's
what lawyers make, whatever it is, or a twenty five year old that
you know works at the dollar store making ten bucks an hour and that's their
path forward, and they both get injured, not killed, but extremely injured
where they can't work period. Wouldn't the one with the more successful path ahead
end up with more money if the insurance is there. Well, not necessarily
unless they had that job and they lost it. Because there's plenty of kids
with law degrees that are working at Starbucks okay and not making that what lawyers
are supposed to make. There's a million different paths that lawyers can take that
don't pay very great or wonderful or even very good. I mean, so,
no hypothetical losses are just that hypothetical intentions have a burden of proving.
You know, you have the burden of satisfying that that proof that you've actually
lost those those dollars of earning, but age would come in right. In
other words, two people's same job, same salary, same kind of car
accident, they can't work anymore. Let's say they're dentists. Yeah, yeah.
If one of them sixty and one of them's thirty. Yeah, if
they had jobs and they were not able to perform those jobs anymore, then
certainly the you know, the younger one, the younger one is going to
have a larger claim if he's not going to be able to work for the
rest of his life. The older one, you know it, statistically only
has fourteen more years of her working life. That may be a factor.
Yeah, for sure, got it? Hey, John, right, three
oh three seven one three talk. We'll come right back to this, John
Fuller, my accident layer Docio. Somebody wants to know the value of a
car at oh eight Hundai Accent and a twenty ten Corolla plus more on the
Troubleshooter Show right after this. But how old go with a sure thing?
Denver's Best Roofer Excel roofing dot com. You don't pay a cent until you're
head time for an insurance check up, free, no obligation. In comparison,
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Find out now three O three seven to seven to one help. You'll think
you're his only customer when you choose Frank durand the real estate man dot com
to list your home with Remax Alliance three oh three nine two zero sixteen twenty
two. Hi Tom Martine here at three three seven to one three talk Listen,
I Randy. I read over your agreement here, your warranty work,
and it says in the warranty work that the only time diagnostics are not covered
the cost of diagnostics and tear down if the breakdown is the result of a
non covered part or condition, or if the non covered part causes damage to
a covered part. So, and it's pretty typical for a warranty company.
I don't care who it is to say or the dealership say hey, if
we're not going to get paid for the teardown because it's not a warrantyed part.
When we get in there, you need to sign, say and you
will. That's normal. Yeah. Now here's what I want to tell you,
though. This is really important if that charge was going to be more
than one hundred bucks, and I think they get plus ten percent under the
autow Repair Act in Colorado, they should have given you a written estimate,
or they can't charge you more than one hundred dollars or one hundred and ten
because it's one hundred plus ten percent, but or ten percent over. I
don't get it. I don't get anywhere where they can just charge you arbitrarily
six hundred bucks. I think all they're saying is, if the warranty company
doesn't cover it, we used to take engines in. So is that what
they're saying, Randy says, is that what they're saying, Randy, that
that if the warranty doesn't cover it, you have to pay the six hundred.
No, they said I had to pay the six hundred because they need
to tell you to perceive that those steps, I find it. I find
it hard to believe the whole thing. I find hard to believe that.
Well, Well, send me, Randy, send me over the work order,
and I'm going to call these guys. I'm going to pick up the
car today and let me go pick up the car and see what the charges
are, and then I will send you a copy of this. Yeah,
but you shouldn't pay the charge, you know, or they should not charge
you for you can tell them under the auto repair active there was going to
be a charge more than one hundred and twenty five bucks. They needed to
tell you in writing. Well, they told me over the phone. They
didn't tell me any Well, actually, they don't have to tell you in
writing. I'm sorry. You have to get You have to get a written
estimate unless it's after you leave. They can call you and time and and
get the time and date and manner of cons Well, wait a minute,
you just said something that just blows up your argument. They called you and
said, by the way, there's going to be a six hundred dollars charge,
in which you could have turned it down. Oh I could have turned
it down, but Randy hold on. So they did give you an estimate
upfront and told you they're going to charge you six hundred dollars. I never
said they didn't. My point was that I don't feel I should be paying
that that fee. Well you should, you should, because you agreed to
it. No, but I disagree they should not be charging him if it's
under warranty. Mark, I understand what you're saying, but he you know,
Okay, okay, that was a really important part to leave out that
they they told him up front there was going to be a six hundred dollars
charge. Mark. It's not like they sprung it on him, I know.
But it's underhanded. Oh yeah, I understand what you're saying. It's
underhand meaning they they had him over a barrel. Yes, and they say,
look, you're gonna we're going to charge you. Did they tell you
how much? Did they say there's going to be a diagnostic fear? Did
they tell you exactly how much? They told me they first took in the
car, they said, if I didn't accept their diagnostic charge, it would
be one hundred dollar charge to get the car back without them doing anything.
You know what I do? Listen, listen, I just thought of this.
And do you know why there would be one hundred dollars charge without them
doing anything, because the Auto Repair Act allows them to do that. What
I would do, Randy, Listen, I am not kidding. I would
call up Honda. I would take this dealer out of it and call up
Honda say, I bought this certified, here's the bin, here's the mileage,
here's when I bought it. I just picked it up and they charged
me six hundred bucks for a broken air conditioner. What the hell's going on?
That's what I'm going to do. I saw that in the contract.
That's what I'm supposed to. Just call Honda America and I'm going to do
that. But did we even ask what dealer this was? Yeah, Sat,
this just sounds so underhanded, it's hard to believe. I'm Mark,
Mark. You Mark, You ought to call over there and just say,
you know what, what is the uh? What is the point of having
a warranty? The only time if they bring this up, Mark, tell
them that the only in the warranty. The only time they're allowed to charge
for that under the warranty is if it's an uncovered part. Now, you
did bring it, You brought he brought it back to where he bought it.
Yeah, let me say that. Let me say something about that.
You did say something that possibly, if it is a covered part, maybe
that five hundred and sixty dollars won't be charged me. Maybe they just said
that in case it was right? Yeah, right, that could be right.
That could be go pick it up. If they charge you, you're
going to send that invoice to help it. Troubleshooter dot Com and we're gonna
be uh talking to the people over you know, Mark, I think that's
what's going on. I think that's what's going on. I think they called
him under the Auto Repair Act. Here's what they said, We're going to
have to charge you for a diagnostic fee if it turns out the warranty isn't
covered, right, right, Yeah, that's what Mark's been saying all along.
Yeah, that is exactly why, because it doesn't make sense that they
would simply add a diagnostic fee. So Mark suspected that that's what that.
Hey, you should call back and let us know because a lot of people
heard this glass and we want to know if there was some underhanded stuff where
it was a misunderstanding. Yeah, for sure, I'll definitely call you back.
I will send you the invoice regardless of the outcome, and you'll buy
us lunch. Brad, Brad, what do you want to know about homeowners'
rights and squad This thing is going on all over the country. Let me
explain something. Do you know there are videos now on TikTok showing people how
to become a squatter and get a place to live for at least forty five
days by the time they get you out. Go ahead, Brad, Florida.
What's that? Except in Florida? Do Santas just signed in order making
it easy for you to call the sheriff and have them evicted on the spot.
Okay, good I didn't know about that, Brad, Go ahead.
Yeah, how are you today, Tom good Man? What's happening? Pretty
damn well? Well, what's happening Tomy? Is I got these squatters across
the road. Okay, First of all, my address here? Will I
live here on the corner and rad? Are they in your home or are
they in someone else's home? No, they're just on a vacant lot,
is what they are with their motor home. Okay, hold on a second,
Hold on. That's a whole different set of circumstances. We'll talk to
you right after this. Go with a sure thing Denver's Best roofer Excel Roofing
dot com. You don't pay a cent until you're content. Time for an
insurance check up free, no obligation. In comparison, call Compass and Durance
paying too much your coverage at dozens of insurance companies. Find out now three
oh three seven seven to one help. You'll think you're his only customer when
you choose Frank durand the real estate man dot Com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Marks,
you know here, okay? Right to the phones. And Brad said,
there's a vacant lot and a camper on it. And how do you
know they don't have permission to be there? Brad, Well, it's it's
my parents' estate, is what it is, and I'm taking care of because
my parents are dead, So the land belongs to your parents. Well,
it was my parent but it's in my name and two other brothers names.
Well, what I mean is you guys own somebody in your family owns the
property right right, and you did, and you did not give permie to
them to be there. No, No, I gave them permission to be
there, and they were going to be there for ninety days. Ding ding
ding ding ding ding ding. You gave permission hand, okay, but he
was a hired hand. You gave permission right then two months after he paid
me rent, he come up with this deal where I supposedly assaulted his wife,
which never happened. It wasn't established by the Sheriff's department. That none
of that matters. Brad. Here's you want to get rid of them.
You have to go through a legal eviction process. I realize that. I
realized that, Tom. But it's different. Hold on, Brad, what
you don't realize. What you don't realize. It is totally different than an
apartment eviction was because it's a mobile home you have. You I'm telling you,
you're not going to believe the red tape you have to go through to
move that. Well, I'm believing it. Believe me because to me now,
I'm not telling you it's insurmountable. Brad. You didn't call me to
get bad news. You need to, but you can't do it alone.
You need to hire an attorney and get it done forthwith. The longer he
stays, the longer he stays, the more rights he will have. That
is so wrong. Yeah, I know, I mean, I mean,
I'm on social Security, I'm on a fixed income. I cannot afford a
lawyer, Brad. I know what they're doing is just taking advantage of the
elderly, is what they're doing. No, they're not. They're taking advantage
of everyone. Yes, yeah, because they conspired to destroy me. And
that's exactly what the no, no, you're not the what I'm trying to
get at is they're not taking advantage of just you and the elderly. This
is happening all over the country. Brad, Well, why isn't it fixed?
Well, I could give you an opinion, but then I'm going to
get some hate mail. I'm going to tell you something. Okay, we
have Okay, I'm going to tell you, especially in Colorado, but this
goes elsewhere. Okay, this goes elsewhere. We have voted in everything that
we're getting, either directly or indirectly. Every single thing we are getting,
we have voted for. I'm saying we as a people, not me,
not you. But that's it. That's it. Every single thing, the
crime, the shoplifting, the squatting, the drugs, the free injection sites,
the whatever, you just name it, name it, you voted for
it. Well I didn't vote for it. Well, okay, I know
what you mean. I'm not saying you personally, but Brad, I'm serious.
You said this property loans to you and your brother, your peep,
your family. You got to chip in, right, don't try to do
it alone, Bread and don't try to do self help. I'm going to
tell you something I know that Mark says, if somebody's in my home,
I'm going to call the ship. You're I'm telling you all over the country,
and Colorado's one of the worst. You're not gonna if someone moves into
your house while you're on vacation, You're not going to get your house back
without a court battle. Now, I'm not saying you won't get it back.
You will. Now. There are there as many there are tapes,
not tape, you know, presentations on YouTube and TikTok telling people how to
do it. There are also ones telling people how to fight it. And
we have actually had I've watched YouTube videos of people getting arrested for trying to
get a squatter out of their home that the homeowner got arrested. Yeah,
yeah, I just I always look at it. And and here's where I'm
going with this. There's one thing. If you're gone for ninety days,
I don't even know about that. But to be honest, Tom, I'm
going for a week and I come home and I go into my house and
all of a sudden, I'm surprised by someone in there. I'm gonna shoot
him. I'm gonna kill him. And I'm gonna call it to make my
day law because they're in my house. Okay, but you're gonna If you
did that, you will be in serious, serious trouble. And I hope
you don't do that. Honest to God, I hope you don't. And
Mark, I'm not telling you that you're wrong for feeling that way or that
you won't win ultimately, John, what are You're a You come home from
a week's vacation and walk in It doesn't matter what John power. There's a
guy there look look like it or not. John is a man of law,
like it or not. I mean he can take matters into his own
hands. But the law is what it is. I'm not agreeing with it.
I hate even talking about it. We'll talk about it though. Coming
up, I'm Tom Martine. Go with a sure thing Denver's Best roofer Excel
Roofing dot com. You don't pay a cent until you're content. Three time
for an insurance check up, free, no obligation comparison call Compass Insurance.
Pay too much your coverage at dozens of insurance companies find out now three oh
three seven seven to one. Help You'll think you're his only customer. When
you choose Frank durand the real estate man dot Com to list your home with
Remax Alliance three oh three nine two zero sixteen twenty two rip of news,
you don't have come run anxious as fast as we can. Shooter's gonna help
come. Man, this is the Troubleshooter Show. No Tom Martino, Hey
Tom Martino here, this is the final hour of the show. We're going
to go right to the phones. We've got a lot of things going on,
and I don't want to get sidetracked on the entire show. But man,
every time we bring it up, it just pisses people off. And
I want to make something clear. I'm not telling you what I like,
what I would do, my preference, I'm not telling you any of that.
I think the whole thing is just terrible, this squatting problem. In
fact, if you look on my callscreener right now, sus, you can
attest to this. I have under show notes a note from several days ago.
I wanted to get brad on about this because we've getten so many increries
about it, and that what we're talking about is squatters and what rights people
have. We don't have a lot of rights. We don't. If they
invade while you're in the house, you can shoot them. You can kill
them. I mean, if there are signs of break in, breaking in
and they're stealing things or things are missing, you can make a case to
the local police that they broke in and took that stuff. If none of
that is true and they're sitting there watching TV and they say, we moved
in here while you're at work because you said we could, or we have
a right to be here, or we're a sovereign citizen, and I'm telling
you, they can bogus up written contracts. They can do it by hand
and claim that you signed it. Here's what else they can do. Look
at I'm looking at these cases. All thing you could do if you came
back from vacation and there's someone living in your house would be to call the
cops. You just get it handled, man. Now. Now. The
other thing is this. The other thing is some people have had listen to
this mark. They have had packages delivered there. So when you're out of
town, a package is delivered there in their name, they come there,
pick up the package, break in the house, they fix the break in
or they don't really even break in. They just get in and well,
and if they do break in, they cover it up. But the point
of the matter is they've had a package delivered there. This is one of
the TikTok video. You know what's amazing to me. On a side note,
do you remember that we could not post anything on Facebook or YouTube or
any of the social media about boosting your immune system, not taking a vaccine,
or anything to do with COVID because they said it was dangerous. But
we have people on all of those telling people how to become squatters and take
over people's homes. Does that sound balance to anyone? How does that happen?
How does that happen? Well? In any case, the squatter problem
is real, okay. And Brad said on his property it's vacant land.
Okay, it's not the home, it's a camper on vacant land. And
he made the mistake of giving them permission. And because he gave them permission
and then they overstayed their welcome, they're not paying anymore. Then they start
accusing him of doing something to his wife. And here's the bottom line.
For Brad, to get them off of that property is going to be even
harder than a normal squatter because that will fall under mobile homes. Now,
Ben, you have a comment. What is your comment? Ben? Well,
let's first let me say that I've been listening to you for over fifty
years here in Colorado. Well, it would have to be forty four and
a half. But go ahead. Not only that, not only that he
discovered you because his dad was listening. Yeah right, So anyway, Ben,
So what's going on? What's your comments? Are? Well? This
down and for just a little while ago, sign the law allowing all all
Florida citizens to the kick the squatters out of their houses. No, you're
right, but Doc told us that. Doc told us that absolutely good for
them. Love the dissents. Well, I'm telling you he does stick up
for people's rights, doesn't it. How about that sheriff down there? You
guys heard this guy play that real quick, play sheriff, real quick.
Oh I want me to play ready, I have it somewhere I'll keep Here's
the deal, I will. I'll do it right now here somewhere if I
can find it. I did have it, played it before I didn't.
I thought Dragon played it well, Dragon has it handy, Dragon uses it
all every Friday. I still show you the difference between Florida and Colorado.
Just share. Imagine Douglas County sheriff coming out and saying, well, you're
going to hear this is a real clip, man, Do you have it?
Do you have it to tell them? If you value your life,
you probably shouldn't do that in Polk County because the people of Polk County like
guns. They have guns. I encourage them to own guns, and they're
going to be in their homes tonight with their guns loaded. And if you
try to break into their homes to steal to set fires, I'm highly recommending
they blow you back out of the house with their guns. So the community
alone love it. Yeah, that says. Then there's another one about Denver
County guy coming out and saying that somebody's breaking in your house here, more
than welcome to shoot them. In Santa Rose County, we prefer that you
do. Actually, hopefully you'll save the taxpayers money even better. I think,
honestly, if that was Denver, you know what they'd say. In
fact, I think it's going on in Chicago with like car thefts. They
were breaking into homes to steal the car keys. So the cops came out
and said, the best thing you can do this is no bs. The
best thing you can do is leave your keys out front in a bowl.
Then they won't break into your house. Yeah, I know, they were
actually telling you that they gave out. They literally told the public that it's
insane. I know, I know, you know. Nothing surprises me.
Okay, So now we're going to move on to Patty because she's been waiting
a long time. Patty, go ahead, Hi, Hi, Patty.
What's going on? I had a contractor that was doing from work at my
house and we had a falling out and he text I assume he drunk texted
me because of the way the texts were coming in. I got twenty seven
texts from him from eight pm until four twelve am. So you fired You
fired him? Right? So well, he kept threatening to come get his
tools, like you know, I'm not going to but did you fire him?
I need to know that that's important. Yeah. So we severed our
agreement and he came over the next morning and picked up his tools and was
stumbling, almost fell over twice. So that's why I assume he was drunk.
God it anyway, he and I was I felt very menaced by these
text message. Hey, Patty, I was going to ask you that were
the texts like like coming onto you or were they related to the projects?
No, they weren't. They weren't an effectual nature at all, nothing like
that. It was more menacing, like like like, what give us an
idea of why all of a sudden did he start drunk texting? Like?
What? Okay? So what led up to this is he kept put you
know, his you know how most contractors it always takes twice three times as
long to do things. Well, it was the week before week before Christmas,
and you know, he kept telling me my bathroom was going to be
done in time for my Christmas company to come. And that morning he said,
oh I should get the floor tile put in today. And so when
he left that evening, I said, did the floor tile get put in?
Oh? No, I didn't get to that. And I'm like,
Kevin, you told me it was going to get done, you know,
and he went on me okay, but what was he texting? Let's get
to that hard said to him. I said to him, you know,
I know you're going to be working hard, but I'm also going to be
cracking the whip to make sure things get done. What was the texting about.
He was very pissed off that I said, crack the whip. Okay,
now, Patty, Patty, hold on a second. I need to
ask a few things. You mentioned something about color, Patty. No,
he's occasion, Patty. I want to ask you something about the leaning part
of this. Do you owe him money? I do? Well? Why
do you have you paid for what was done? I feel like I have?
Yes. Okay, if you can get an expert to help you value
what you paid and what you got, that's going to come in handy.
If the guy puts a lien on your house, you can't prevent it.
What you can do is just sit tight. The lien will go away if
they don't perfect it, and if they do try to perfect it, you
can then use your defense. You know the defense. You have to get
it removed. Now, if you wanted to sell or get a loan before
this whole mess was settled, you may have to either bond around it,
or you could do what's called a quiet title action to sue him to get
it removed. So there's a number of different options. What are you concerned
about? Do you think he really will lean the place, I don't know.
So he's got to send you an intent to lean. So that's got
to show it first. It's a ten day notice. After that, he's
got four months. He's got four months to basically perfect a lien and at
least get a court date and show up and prove in front of a judge
that he is right. Then the lien is sitting there, and really it
won't go away until you pay it or sell a property. Okay, so
I'm writing this down a ten day notice, which I think he sent me.
He just sent me an email that said, no, I don't think
John. Do you know if an email works, I sure don't think so
I would send it. I would send it by registered mail. Oh but
he already he already sent you a notice by email or by mail email.
He just said, I'm going to put a lien on your house. I
wonder if it's still going to give it. It has the same effect on
her when he puts a lien on it, because it's not they're not going
to ask did you give her attention? It doesn't regardless. So let's say
that happens. Then what happens is they had four months from that period of
time from the last time he was in your house. When's the last time
he was in there? December sixteenth was the last work he did. December
sixteenth, he picked up his tool mark. I think his four months to
file the lean right. No, No, they have four months, that's
right, four months to file it from the last time they were on the
property, right, and then he has to perfect it within how much six
months? Yeah, so he'd have to start a foreclosure in the six months.
Doesn't add on to the four months. The six months is from the
last time he was working at the property. Now, here's the thing,
Patty, don't assume you will win if you're going to represent yourself. And
here's why. We had a woman who who had her face ripped off from
an ugly, disgusting ripoff contract. It was horrible, horrible, and she
lost Listen, she lost her home, she sure did. And I was
in court with her because she insisted on representing herself. It was horrible.
They ate her alive, ate or alive. Yep, And she was right,
definitely right. I'd been to the house, there couldn't have been The
roof literally had some light coming through it. Yeah, And and the guys
put a lien on it. But because she defended herself. Now, Mark
went there to observe all this. You're bringing back a bad memory. No,
no, no, he did. He went to observe it. Well,
well, the judge was off base, and that the attorney was off
base. They were totally off base. John. It was unbelievable, just
chastised by a judge. And mister Mark was sitting there. He was sitting
there. He had every right to sit there as a friend, every right,
and they said they accused him of representing her well and practicing without a
license. Let me set the tone though, Tom. What happened was we
went to lunch break. I went out and called you live on the air
talking about what clowns these two attorneys are. And the judge doesn't seem to
know what the hell he's doing. Oh, that never works out, So
we come back. Yeah, but the judge had the nerve to tell him
he's not allowed to talk about this case on the air. So we come
back. We come back from n can issue? Can he issue a gag
order like that just out of the blue, Well, when you're sitting in
front of him, you sure can. I have no idea about the legalities
of that. I come back. I would suggest that it's poor form to
run out in the hallway. There used to be just hold on. I
come back in from lunch, and before they bring the jury back in,
those guys want to go up and talk to the judge. So I'm sitting
there. The three of them were talking, and all at the same time,
they look over at me and he pulls out a recorder in place to
the judge what I just said on the air, and the judge went ape
crap. I can imagine, I told Tom, he's bailing my ass.
No, I guess he could. He could have done it. Officially,
judges can do a gag order they think it's in the public interest. But
that wasn't it. He didn't do a gag order. He accused you and
me of practicing law. I wasn't even in the courtroom. And I get
a letter saying that we were giving I was giving opinions on this case on
the air, and he's saying that we're trying to represent her, we're practicing
without a license. The guy was so full of crap. We by the
way, they investigated it and dropped it immediately. Yes, because the judge
was a moron. But and so were the attorneys. They were just pissed
off that we were there to watch these shenanigans as this woman lost her home.
Yeah, she walked. She ended up losing the trial. It was
a jury trial too. They came back. She just had no idea.
She tried to call witnesses, expert witnesses. She had him there. The
problem is she didn't do the paper. Yes, so he never did,
never did her proper civil rules of procedure, So no prescrue yourself. Oh
my god, and he cost her everything. That's horrible. Yup, the
whole thing was horrible. She had three or four genuine roofers there that knew
where they were talking about, pictures, everything. She never turned any of
the discovery over. So Patty, you've got to hire if they if he
puts a lien on the house, do not try to defend yourself. That
was the moral of this story. I need to take this break. Go
with a sure thing Denver's Best roofer Excel Roofing dot com. You don't pay
a cent until you're content. Time for an insurance check up free, no
obligation in comparison, call Compass insurance paying too much your coverage at dozens of
insurance companies. Find out now three O three seven to seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate
man dot com to list your home with Remax Alliance three oh three nine two
zero sixteen twenty two. Hi, Tom Martino, Patty has a few more
questions, Kenny, hang on about your car. And we also have room
for other calls. And I have a text for John Uh. Okay,
Patty, go ahead. You had a few more questions about a situation with
the contractor. Go ahead? Ron, What what what did you mean?
What's meant by perfected? I don't know, Okay perfected? All that means
is this a leen is an accusation that you owe and they preserve the right
to take it to to freeze your property. That's all it is. It's
not a foregone conclusion. It's a judgment. Basically, they got a win
in court. No, the lean is not a judgment. No means an
accusation. She's a perfection. Perfecting it would be getting getting that lean into
a judgment and then for closing. That's full perfection. Okay, So that
would include the court proceding and stuff. Yeah, everything, Yeah, okay,
Now before they can before they can get a judgment, you would have
your day in court. John. It means a little bit different than that.
It means that they went through the proper steps to put you on notice
and then file that lean against your property. That's really what it means a
by perfection is that it's actually been filed and it's a lean that would show
up on a public record search of your property. Okay, it's not just
a facts to you saying hey, you owe me the money. It's going
the extra step of actually getting that thing filed on your property as a lean.
John, I want to I want to make this clear though, because
I want to make sure I have the right understanding. So if I do
that, if a contractor does that and went through the proper procedure, what
is it called when he goes to get a judgment. Isn't that called perfecting
it to or not? Well? I don't think he needs a judgment to
actually foreclose on the lean. It has the same force of laws. He's
kind of proper, Okay, He's okay, So no, wait, wait,
wait, Listen, he's got six months from the last time, whether
it's a service or it's supplied there to actually win in court, is my
note. But you're right, but he still has to go through the notice
and the filing and all that stuff. My point is that when he goes
through the notice and filing and all the stuff that the statute requires, then
it becomes a perfected lian, you know, ran mechanics, lean, whatever
it may be. But if he wants to foreclose that lian, he's just
like any other lien holder. He can do that, and then it's up
to you in a hearing to show it's not valid. That's exactly right,
got it. Okay, So you don't have to get a judgment first and
then foreclose, correct. Okay. Now, so what was the four months?
I think Mark said some in order to actually place the lean. If
he waited more than four months from the end of work, he loses his
right to place the lean. Okay, but he could be just like we're
all saying though, he could still place it. But if you did end
up in court because he's trying to cash in on it or foreclothes on the
property, then your defense would be it was five months. It's almost like
a statute of limitations that says you have to bring an action before two years.
It's not to say that you can't walk down to the courthouse and file
a lawsuit at five years, but they can immediately file a motion to dismiss
it because it was after the statute of limitations. Debt collectors a lot of
times will realize his statutes run, but they'll still literally suit somebody, not
file the paper just to scare, just to scare them into maybe maybe some
of them get scared and actually pay up, so yeah, or or what's
worse is they get scared and make a payment and resurrects the entire thing.
People don't know that. Yeah, really a debt collector, Let's say it's
outside of the statue. Let's say it's five years in one day and they
call you up and talk you into paying two dollars on one hundred thousand,
you owe the whole hundred thousand again. Okay, we have to move on
to uh, Kenny, go ahead, Kenny, what's going on with you?
Well, I'm trying to find out what how do I find out what
my cars are really worth? Especially for insurance purposes? Because you know,
maybe I should just get liability on them if they're not worth very much KBB
dot com. Well, there's all kinds of places to get I mean,
uh, there's all kinds of places. Even the question itself, Kenny,
doesn't make any sense. In fact, the insurance companies, Kenny will put
a value on it. Well, they will. Well, I guess what
I'm saying is there's not much point in having full coverage on it if it
joining worth a thousand bucks. Okay, Well, let me give you an
idea, because I already ran your cars for you. Okay, you asked
about your cars. Okay. The eight day Hunday accent ranges from thirty seven
hundred to seventy five hundred, depending on the mileage and the condition. Right,
okay, thirty seven to seventy five. Now, your Corolla ranges from
sixty three hundred to eleven thousand and five hundred. There's a big range.
Now, the average of both of them last night, it was like six
hundred dollars to six thousand dollars. And oh I got to get closer than
that. The average for the eight is six grand. The average for the
Corolla the ten is eighty eight hundred. Hey, Kenny, would you let's
say they were only worth six hundred bucks when you would you just get the
state minimal? Is that what you're saying. No, he's talking about collision
coverage. He's not talking about liability. Okay, well, no, the
state minimums only are for life. I'm asking Kenny what what he's thinking,
because it just brings up, you know, a learning experience with John.
Yeah, I want to chime in on this. So, so here's the
here's the way to look at it. Now. I have a ton of
cases where where people made this same exact decision and decided to just get liability.
And their logic for that is, well, the car's not worth that
much and if somebody, if somebody totals it, then their insurance will buy
me another car. And that is a fallacy that that doesn't that rarely plays
out. Okay, here's the way I look at it. If if you
can stand that car just disappearing overnight and you're not going to be in a
position where you have no way to get to work or you have no way
to go pick your kids up, I mean, if you truly can just
write a check and buy the car, then maybe you're a candidate that would
be okay with liability, But let me tell you, man, two thirds
of the people out there on the road have you know, have just liability
or no insurance at all. So you're talking minimal limits and stuff. So
if your car has value and you're not in a position to just write a
check for it in the case of it disappearing, then I don't think you
should just you should self andsure you. John change my mind a bit about
this. I used to recommend if your car's not worth that much, don't
spend the money on collision. And then one day John was on the air
doing one of his commercials is where we do the question and answer, and
he brought out that some of these older cars are so cheap to buy collision
for that. Really it is not a bad idea in some cases because even
though they're old and not worth much, let's say they're worth five grand,
well to get collision on that won't be a lot of money because they're only
worth five grand. That's exactly right, That's exactly okay, right, So
I would encourage you to price it out both ways, Kenny, and actually
get quotes and find out exactly what the investment is for that coverage, and
then compare that to your ability to just break out a check and buy another
car overnight so that you're not without transportation. We're working on it with five
hundred dollars deductible, thousand dollars deductible and liability. I gots. My question
was what are these stupid cars worth? What you just told me was like
twice as much as what we thought. What we looked up, how many
miles in your cars? Cars are worth so much? You got one and
fifty thousand, Okay, well then they'd be on the lower end. They
would be on the lower end. So as I said, you would be
probably around six thousand for the Corolla and you would be around four thousand for
the Hyundai Accent right, So, well that gives me something to think about
and company working on it as well. Now you can always call Compass Insurance.
We highly recommend Compass Insurance Group. They're great people and they will do
a free analysis of what you have and what it will cost. Three oh
three nine nine six nine thousand more coming up. Go with a sure thing
Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're
content. Time for an insurance check up free no obligation comparison call Compass Insurance
paying too much your coverage at dozens of insurance companies find out now three oh
three seven seven to one help. You'll think you're his only customer when you
choose Frank durand the real estate man dot com to list your home with Remax
Alliance three oh three nine two zero sixteen twenty two. Hi Tom Martino or
troubleshooter three oh three seven to one three talk three oh three seven one three
eight two five five John Fuller, Oh, let me grab this, Anthony.
What is your issue? Go ahead, Anthony, I'm sorry, say
that once more. Yeah, what's going on? Anthony? How can we
help you? Yeah? I don't want to take up an awful lot of
your time if there's not an issue here. But in October of last year,
I was being a post I was replacing a post fence post in my
yard. I took out an old post and I dug in the exact same
spot, only I went a couple inches deeper. I reckon and I hit
a gas my gas line. I did not pull a permit because I was
pulling an existing post, or I didn't. I didn't call for lowcase because
I was digging out an existing post and would never ever expected to hit my
gas line or any other line at any rate. So maybe I don't have
a leg to stand on here, but I can tell you. I can
tell you before you go on, you don't because locates are not just for
left and right, they're also for up and down. Mm hmm, okay,
I got you. If if here's here's the way it is, you
are responsible for anything you hit unless it's off the easement, and I mean
way off the easement and they just haphazardly put it down there. H Is
it way off the easement? No? No, no, no, they
got you know what I am. I'm embarrassed to say it, but I'm
a contractor myself. How much are they charging you? Uh? You know
what they're charging? This is the issue I'm having if they're charging me.
It started out at twenty nine hundred. I kind of complained. They dropped
it down to twenty six hundred dollars and out of that twenty six hundred dollars,
twenty four hundred dollars is labor. Well, that's that's that's true.
That's true. Honestly, it's kind of cheap. Guys. Yeah, that's
true. What makes you surprise that a gas line would be mostly labor?
What makes you? I mean, pipe doesn't cost anything. Didn't the fire
department show up as well? Oh yeah, uh huh. Yeah, this
happened in my house, and let me tell you, it costs me a
hell of a lot more than that. Did you did you hit the line
mark? No? I hired a guy that did our fence when we first
moved in. Why didn't he call? He did call. In fact,
not only did he call, I called. They came out and marked it.
The contractor that built my house, you know, in two thousand and
one. This happened five years ago. Put the gas line in the completely
wrong place. Yeah, but that but that's what a locate does it.
It tells you where, well the locate had it one d wrong. It
wasn't even close. Instead of coming teeing off of the neighbor behind me and
coming to my house, they teed off to the neighbor beside it. But
hold on, okay, I just wanted to tell you something. When they
locate, you know, how they locate a gas line right, Yeah,
they have that little machine thing that tells it too. No, they have
a tracer wire on all gas line. Yes, and they walk by with
that like a metal detector or whatever. Well, there's only two things that
could have gone wrong there. Yeah, their machine was broke or they were
stupid, or no there was no trace or wise you totally miss what I
said. They instead of going from the house behind me, which was on
the plans, they went from the house beside me. They ran two gas
lines, but only connected one, so they traced the one that there was
the bridge to nowhere. Oh, so they when they traced that, they
believed, okay, we got your gaslightly that on the actual plot or whatever
it's called for my property, that's off where the gas line is shown.
So everything was wrong. But my fence guy hit it with his post till
digger. The fire department had to come out. They turned it off.
And I'm thinking at this time, because I don't realize what happened with the
two gas lines, is that his insurance is going to cover all this and
he screwed up. But sure enough, after we found out what happened,
it was my problem. I mean, there was no one from me to
go after. So you're right because they thought they thought the locate company thought
when they located a gas line, that was your gas line. So now
it cost me about forty five hundred. The part I remember about it more
than anything was it was about a thousand bucks in gas. A thousand bucks
in gas. But they said, we're lucky the whole place didn't blow up.
So Anthony, you're gonna have to pay it. You understand, right,
Well, let me ask you one real quick question and then I'm gonna
let it go on. Yeah, gladly, I will, yes, yes,
yes, I did get kind of a breakout of their costs and their
and their per their employees. And they call them fitters, Anthony. They're
gonna bill you whatever they want to. Hold on, Hold on, Anthony,
why do you think what are you gonna save by nichol and diming this
bill? What are you going to say? Tell me what you dispute?
Go ahead? They built. This happened in October of last month. I'm
being built five hours or in uh, I'm building being built five hours in
December. Also, I don't get that part. I have no idea what
that is. What do you mean five hours in December. What did they
do in December? I have no clue, That's what I want to know.
Well, ask them. I have no clue either. I mean,
when did the break happen in October? Okay, they they must have come
out in December to do something, but just ask them. Listen. They're
not looking to make a big profit on this deal. They really aren't.
I would just ask, what did you do in December? I thought you
just came out once and fixed it. That That's what I would do.
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Remax Alliance three oh three nine two zero sixteen twenty two. Hi Tom Archino,
you're a troubleshooter. Three oh three seven one three talk seven one three
eight two five to five, Kent, what about your toe bill? What's
going on? If it's too long, we're gonna have to continue it.
What's going on, bro? Try to make it real quick. First time
call, I appreciate it to thank you. Breast lane outside authorized access zone
and I'm in a rental car brought in from Arizona and I never even knew
about it. They have twenty days they're contest it. I paid whenever I
have that happen, immediately pay it. But this one's seventy five bucks and
it pops up to one hundred and Yeah, you were crossing the lines,
brother, you were playing Lucy Goose. It went through a rental car,
so he said he would have paid it. They pick it up. Yes,
I actually paid for it, but no, but because it took so
long, it's more than you would have paid normally double. Yes, yeah,
that makes sense. You only get that period of time and never never
knew about it. It's pretty new. They only pass that now. Hold
on, it's not long. Ken. Kent's not even disputing that part.
He's just feeding the fact that the rental car company took so long to get
to it. Is that right? I don't think that matters. Well,
well, they have to. You give it to the corporate and then corporate
gets in touch with it, right, So that's right. So I don't
think I think that's on you right now. I think that even though it's
more than it normally would be, you're trying to make the argument it wouldn't
have been had they done it quicker, or I would make the argument he
should have told the rental car company when he brought it back what he did
then. Yeah, but no matter what, even if he did, it
would have never been paid on time. Yeah, that's the way all rental
cars though. That's the way it works, except in California. The Orange
County toll Roads and California toll roads have an account that you log onto that
gets associated. It's a long story. You can go on within seven days.
So when I get home from California, I go on and simply pay
whatever I racked up. It's a weird system, but you don't have to
you don't have to wait, and they don't have that system here. So
did you guys see where if you drive into Manhattan, now, fifteen bucks?
Tom, Can you believe it? What? Fifteen bucks just to drive
there? To drive into Manhattan. Oh well, fifteen bucks. Nothing surprises
me anymore. Hey, John Fuller, really quickly here. I don't know
if we even have time. But if somebody's fixing somebody wants to know.
If somebody's fixing his car up my house in the garage and it falls off
the jack and hits his leg, can he put a claim into my homeowner's
policy or sue me? You know he's gonna have to. Yeah, I
mean you can put a claim in for anything, whether or not they pay
it. I think it's going to be a different analysis. Some of it
may go back to that premises liability stuff that we talked about before, and
you know, the owner's awareness of the dangerous condition becomes an issue. So
I don't know how successful that would be, but they can always put a
claim in, John Fuller, my accident lawyer, dot co O. Remember
three O three Martino