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05/18/2023 Ask the Lawyer with Tom Peyton · Ask the Lawyer

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power of Beason on your side. The power of as It's a twenty two
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and good Thursday morning to you. Five ad w C H asked the voice
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of Charleston Jeff Jenkins with you and Tom Peyton to the Peyton Law Firm in
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Nitro. Give us a call line, Drope and any questions about the law.
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Three oh four three four or five fifty eight fifty eight. Three oh
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four three four or five fifty eight fifty eight. Tom has rolled in from
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westward here from Hurricane Yeah, Harrican into into the Canal Valley smooth roll.
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Good morning. Yeah, glad to be here this morning. Yeah, traffic
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was nice, weather is getting warmer. That's right. We're gonna have a
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good day at least today and tomorrow. Yeah, I think tomorrow is going
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to be a great day. Yeah, that's a nice segue. You know,
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I think I mentioned before, but uh, you know, we try
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and get involved in the local community as much as we can afford to.
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Don't have a lot of extra time. But I'm this year and if they
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if they have me, probably this coming year. We run a fiscal year
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like starting in July. But I'm the president of the Dumont Troi County Y
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MCA down in Scott Deepa, which we're we're up and coming. We got
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some projects in the works, nice facilities. So a lot of people don't
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know about us down there. We don't have a very good sign on the
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road where actually if you can see Tays Corporate Center from the Interstate there,
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we're right kind of away from the interstate. From that, I think you
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can see our sign from the interstate a little bit, but then you got
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to go all the way around in front of the new Kroger and back towards
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the movie theater and then come out that direction. We're gonna get a new
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sign. We're working on it, just logistically need to get it put in.
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But you know, why does a lot of good things for the community
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too. And you know, we also have a camp that's out towards Winfield,
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out Church Camp Road where we host I don't know how many kids we
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normally have, but it's quite a few. It's a day camp all all.
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We have a lodge out there and it's all I don't think there's overnights,
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but you know, it helps parents when the kids are out of school
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in the summertime and it's out in the woods and they do multiple activities are
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swimming pool out there and that kind of thing. So good stuff happening there.
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But and then the thing about the y. We have a lot of
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programs for kids, you know, from flag football to soccer, that kind
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of thing. We also have a pre K facility, but we don't turn
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any kids away based on financial circumstances. So we have and there's some government
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benefits that can help with that too. There's a link program and things like
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that. But otherwise it's generally being being able to participate in the in the
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kind of athletic type programs. We have a what we call a scholarship program.
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So it's not a scholarship to go to pay that you go to college.
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It's it's a scholarship that helps us make up the gap financially when we
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have children that can't otherwise afford to participate in some of the YMCA's activities,
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because we're not going to turn any whether we raise enough money through scholarship or
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not, least as long as I'm in charge, and I think the current
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executive director, we're not going to turn any kids away because they're parents or
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if they're staying with grandparents, can't afford to get into the program, but
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to stay viable financially, and quite frankly, over the last ten years,
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you've you know, we're much more than a gym, but we are a
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gym. We are a fitness center too, and of course you've seen the
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Purple Palaces popping it all over the place, charging whatever they charge five dollars
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a month or something to go work out and in twenty four hour gems and
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things like that. So there's been competition over the last decade that really had
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never existed before, and it's certainly diminished some of our membership and made a
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little more difficult from a financial standpoint. Now we offer a lot more than
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just fitness center, and we have an indoor pool, we have a swim
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program, we have basketball court, and we're going to work on expanding some
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of those offerings too and physically and with the programs. So but to keep
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us operating financially, we got to do some fundraising throughout the year, and
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our biggest fundraiser by far is our annual golf event. And we're lucky to
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have a really good relationship with Sleepy Hollow Golf Clubs, so they coordinate with
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us. I think it benefits Sleepy Hollow as well. But they let us
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utilize the club on a Friday, and that event is tomorrow, and so
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it's a golf scramble EVA yeah good weather, Yeah, good brother. So
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that makes a big difference. So we're actually a little shorter on some teams.
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You know, we get a lot of businesses that put teams in and
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sometimes when you have businesses move out of the area, then you have some
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waxing and waning on the number of teams you have participating. So We're actually
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down a few teams this year, so I think we got a few slots
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left for tomorrow. And we have a morning flight, so if you know
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you want to get done earlier, you got something to do in the afternoon,
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you can play in the morning or you have an afternoon flight that starts
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I think at one thirty, so you can get some business done in the
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morning and then come out and play. And then everybody that plays where you
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can pay separately if you want to come, we have a party on the
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patio. I think it's a disco theme this year, so if you want
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to put on your seventies gear and come come. I think it starts at
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six o'clock, so you can buy tickets separately for that. If you're not
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a golfer and and you know, Sleepy Hollow Golf Club is really nice.
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It's a private club though, so unless you go with a member or you
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have an event, you may not have the opportunity to play Sleepy Hollo Golf
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Club at least very often. So this is a good chance to get out
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and play the course. It scrambles formatt it's I think seven hundred and fifty
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dollars for a team so if you have four people don't want to play,
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you each put a couple hundred dollars in and come and play. But if
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you're interested, I'll look up the number here. I don't have it handy,
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but it's basically calling the Y and and I think they've got some slots
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left. So if anybody out there's lists and businesses, I actually think the
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number you can call three h four seven to five seven zero zero one six
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where you can go through Facebook. We have an event there, but it's
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going to be really good weather and it's gonna be a really nice day and
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I've tried to participate in it every year that we've we've had it, and
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so it's a it's a real fun time. Food and drinks are included,
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and then yeah, and every person on your team. So if you have
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four guys, for example, a lot of women golf in these days,
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but if you have four guys that are on the team or women, then
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you can bring your spouse. You get an extra ticket for the party that
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evening, which is not You'll have a DJ and food and drink included,
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Silent ox and that kind of thing on the patio behind, which is one
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of the best venues in the Try State, for if it's a nice evening
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weatherwise overlooking the golf course. So it's a great time, good opportunity,
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really good cause. So if you're out there listening, or maybe if you
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can't put a team in, you can do a whole sponsor or something that
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can probably whip up a sign to put out on the hole here even though
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it's you're in the deadline. But if anybody out there wants to play,
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give the Dumont Try County Y m c A a call and let's get some
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teams in there, because we are short by a couple of teams. And
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so this is again helping children during the summer I mean summer time. Any
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programs though, if you have a child, for example, if it costs
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x amount of dollars to participate in the flag football program or the basketball program
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or or something like that, then you know, we if if it appears
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that a child can't afford it or the parent and the parents got to put
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an application in so we can screen it out and make sure they qualify.
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But if they're indigent, then we're not going to turn them away. So
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this money essentially helps fill that gap in our revenue, right, man,
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revenue is tight because of all the competition that we've got just the way it
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is, and we we keep our dues reasonable as well for everyone. So
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they're considering all that you get out of the why our dudes are quite reasonable
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and competitive, can't You know? Some places are charging five or ten dollars
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a month to go work out. I guess at least for now. Sure
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they'll bump them up in the future once they get to that point. But
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you know, it's like in Taste Valley they got the oh, what is
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it, Planet Fitness or something. They're just right over there at Liberty Square
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or Putnam Village. So that's that's encroached towing our business a bit, but
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we're dealing with it. We're gonna overcome it, and we're just gonna improve
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our facility and what we offer and keep plowing on right, all right,
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you've heard it there from Tom and they just contact the y there in Taste
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Valley and get to fill those slots. It's a thirty one. This is
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five eight wchs. Tom Peyton's with US Payton Law Firm in Nitro. Our
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number and the lines are open. And a question is about the law three
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or four, three four or five fifty a fifty eight three oh four three
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four five fifty eight fifty eight. Yeah, so we're a little newspaper article
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here torn out about propelled by high prices, Americans holding onto their vehicles.
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That's something Larry Dawson talked about yesterday and I did the show yesterday and he
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left that for you too. He wanted, he wanted, I haven't no
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chance to read it. Was the tenor of it that you know, pre
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end vehicles are more expensive these days, yes, twenty average of twenty nine
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thousand dollars. Okay, So that's interesting because you know we you know,
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property damage cases when you have cars that are you know, we do.
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And you see all the ads from lawyers for if you've been seriously injured or
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somebody killed. Obviously that's the part of the case that is the meat of
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the case for the for the client usually and for the lawyers of course,
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um, because that's where, um, you have the most significant damages.
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But frankly, a lot of people that cost at the beginning when they have
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an injury, if it's not a catastrophic injury, but still significant, they're
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concerned about their car, and I've heard and you are a certain law that
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will sign people up. And then when they asked try and ask questions about
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what about my car? How do I get a rental? I would they
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just say, well, we don't handle that part of the case. And
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then they just I've had people then call me and try and get me to
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help, which I'll I'm nice, so I give them some tips. But
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it's like, you know, we I usually will facilitate the property damaged part
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of the claim if we handled the bodily injury part of your claim as well.
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And because it can be confusing, but so if you are in an
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automobile accident and your car's damaged, first of all, what is a total
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vehicle in West Virginia. So the regulations, I think in statute even says
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that if if the cost to repair your vehicle is seventy percent or more of
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the value of the vehicle prior to the wreck, so you take what was
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the fair market value of the vehicle prior to the wreck. So if you've
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got ten thousand dollars car and it's interrec and it costs seventy five hundred dollars
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to repair the vehicle, and it's going to be a total loss. So
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what are your options there? Well, of course you can sign the title
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over and you sign a power of attorney and the insurance company comes and gets
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the vehicle, and then they own it and they have to salvage it.
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It's either reissue with a salvage title or it's just demo somewhere and they give
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you a check, right, yes, what they have? Well, yeah,
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at some point. So then generally you are entitled to know if this
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all depends on whether somebody else calls the accident or whether it's just your fault
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or no one's fault, a single vehicle accident, a gear runs out in
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front of you or whatever. But if it's somebody else's fault, their insurance
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companies should be adjusting the claim and they should give you money or authorize a
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rental from the time essentially of the accident until they get you that check for
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your total loss. Now, a lot of people really like their car,
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and if you're if you're handy, or you're a mechanic, or you in
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cement a mechanic, you want to keep your car, it's tailed you have
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that option. You can tell the insurance company I want to retain that vehicle.
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And then what they do under the scenario I gave instead of getting,
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and what you're intitled to get is fair market value of your vehicle before the
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accident, plus five percent as far as the total loss amount. So and
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my scenario, let's just say it was ten thousand dollars, the insurance company
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will figure out some salvage value I forget. It's usually some really small percent
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of the fair market value, seven percent or five percent. And so then
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when they if you want to keep the vehicle, you can you can go,
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but you got to go get it. I'll tell you are you're gonna
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go run up storage fees. Then they'll just deduct the salvage value from your
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total loss payment. So if you got a thousand dollars so IgE value,
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then you're only going to get nine thousand dollars from the insurance company settlement.
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But eventually you'll get your car back. Now it will have a salvage title,
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so you know that's noted on the title that the car has basically been
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totaled in the past. So if you do that, you're going to have
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trouble ever selling it to anybody else. But if you think you can fix
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it, for example, and get it roadworthy and pass inspection, and you
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like your car, you do have the option of keeping your vehicle. Doesn't
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happen very often, but I've had it happened a number of times over the
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years, so that occurs. But back to what Larry was talking about,
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and so normally people are really upset when they have a total loss because a
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lot of people like their car. Maybe they've owned it since it was new,
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or they've taken really good care of it, and it might be a
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little bit older, but it's their car. So they aren't happy when you
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tell them what fair market value is and they might have to go out and
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now borrow money to purchase another car, and when they did, had this
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one paid off. But that's not you're not entitled to compensation really for the
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fact you may have to borrow money to get a new car, because the
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ideas you're, well, you're getting a new car and you're getting what you
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pay for night hopefully you can use the money that came in from your total
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loss to pay a down payment or something. But people aren't happy with you
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know, the fact that somebody else calls this accident and now all I'm getting
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is right. Yeah, you get an older car, you want to get
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four grand for it. Now, what I've seen over the last really since
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the pandemic, very unusual folks are getting I guess the best example is you've
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got a fairly new vehicle that's a couple of years old, two, three,
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four years old. I've had a few cases where my clients have had
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total losses and the fair market value payment, even before you had the five
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percent, is they're getting paid for their total loss more than they paid for
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the brand new vehicle. When we get back this, okay, take a
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call. Okay, yeah, okay. Bart is on the line with Tom
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Peyton. Bart, thank you, you're in the air. Go ahead.
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Hey, mister Peyton, I may have this is a bad connection. I
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can't. I can't do that. I'm sorry. I'll try to call back.
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Okay. You sounds okay to us. Yeah, you're clear on our
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end. Okay, all right. So if he calls back, all right,
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so wow, okay, so say that again, that last statement again.
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So like, for example, I have a client that had a Tesla.
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It's a little bit different because electric cars are getting more popular. But
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let's say they paid and this is not real numbers, but their car was
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totaled and it was clearly the other person's fault. In fact, if you
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do have a Tesla, and now I don't know about other vehicles, but
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you know there's black box data and a lot of vehicles, but you got
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to have an expert go download it. And it doesn't Tesla's have cameras all
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over him. So in this particular case, it was a traffic light somebody,
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somebody ran a red light, but it was my client or the other
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person. And I've had those cases where it's he said. She said,
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right, Well, the good thing about the Tesla, when there's a crash
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event, it records like twenty seconds back or something. All cameras on all
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sides. There's even one that points inside the cab or the passenger compartment,
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but you can turn that off for privacy reasons. I didn't see that in
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this scenario, but you can see this particular person driving straight, light is
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green, never turns yellow and then wham hit by the other person. So
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solve that controversy if the other driver is going to claim they had a green
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light, Now unless the traffic light green both ways, which rarely have ever
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had right, So we're gonna go back to Barny. We got Bart again.
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Yeah, we could hear you Bart clear on our end. Yeah,
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go ahead, Bart, go ahead, bark yes or what I speak.
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I was out here as an echo. But anyway, mister Payton, this
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may be a taboo question for you. Recently, I m I'll just say
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I had hired a well known divorce attorney here in the valley and I just
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left to put that and halfway through the divorce, the attorney of representing me
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they either left a firm h either voluntarily or anyway. I didn't have a
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lawyer, so the lawyer that replaced this lawyer and left. They said they
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had no records of my financial statements and whatnot, so I had to supply
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all them again. And then they doubled. They charged me once again for
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all the financial um as they went over the records to determine this and that
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and that. So my so the bill essentially doubled, and I just thought,
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who who would you report? Who would you contact about an attorney you
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think that may have overcharged you or what happened? Is there or is there
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an avenue for that? Yes to us? For me? Yes, can
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you hear me. Okay, yeah, okay, So there is an avenue
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for that. You can contact the state Bar. I think it's through the
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State Bar. Versus there's a Lawyer Dismay Accountcil, which is the kind of
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ethics overseer for lawyers on ethics issues. But I believe it's through the State
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Bar we have which I'm on the board of the State Bar now and I've
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dealt something with this issue. But there's a there's a legal dispute type of
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you can file a complaint if you have a legal fee dispute, and the
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state Bar will then refer it out like Dad's done a couple of them for
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the state Bar. They'll he'll he volunteers to do it, and so if
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there's a fee dispute, they'll send it to him and he'll try and yeah,
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come up with a resolution between the lawyer and the former client. So
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yeah, contact the state bar. And then if you think you've been overcharged
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or you didn't get paid you know, in that sneer, I'm not sure,
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I mean, whether it would be an issue with your former lawyer or
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the versus the lawyers that you continued with. I understand what you're saying.
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Because when a divorce case starts out, you got to fut to even get
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started. You have to fill out a financial statement that's pretty detailed. You
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might have to fill out a parenting plan and stuff like that and stuff you've
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got to and it's a decent amount of work. So if you have to
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go back and rework all that, then uh, certainly, you know,
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I guess the new lawyers think, well, we got to go and spend
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our time on it. But you know what happened with well, this was
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a lawyer through the same firm. Okay, yeah, yeah, don't that's
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not great. You know, I'd like to think they would accommodated you if
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they I mean, unless they're saying we don't have evidence that there was ever
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any work done. But they did. They did say that, And then
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as I was going back through my old emails, I had found where I
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had set them all the financial statements that they had. So yeah, I
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mean, I'm not the lawyer on that one, so I can't really comment
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on the on the details, and uh, I would like, you know,
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i'd like to think you'd have some accommodation there. But if you want
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to dispute the fee, contact the state bar and then they probably have you
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have to fill out some kind of form and then I believe the process then
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as if there's any legitimacy to it at all, they'll refer it out to
21:15
an independent attorney who's agreed to take a look at it and see if there's
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some way to resolve the fee dispute. And sometimes there's just you know,
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it can be more of a mediation where not technically, but it's you know,
21:30
trying to work out the differences and get something resolved. But yeah,
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that's I mean, you can also, I mean just follow lawsuit and say,
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well, you know, they overcharge me or something, or I didn't
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get what I paid for, But that's not then you got to pay money
21:44
yourself, and you're fighting an uphill battle because of course the lawyers can represent
21:47
themselves and uh, but yeah, that's the whole point of the mechanism there
21:51
is to and if you've got a lawyer that's been disbarred or something, there's
21:55
even a small fund to help recoup some fees if if somebody's you know,
22:00
if laws has run off or gone a wall or something. But yeah,
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if they're still around and they can be reached, then that's a good way
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to do it. Contact the state bar and tell him you have a fee
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dispute, and then there is an administrative mechanism to try and resolve that for
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you. Okay, Bart, Well do you think it? Do you think
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it would be a good practice In the meantime, if I go ahead and
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pay the remainder of the bill before I file my complaint or launched, or
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I ask for an investigation or what app Um, I don't know. It
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depends are they still representing you? Are they still representing you? I mean,
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that's you're gonna get in the You're gonna get in the now. Once
22:40
a lawyers in a case, they can't just bail out of it, like
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if it's a case that's going on, You've got to get permission from the
22:45
court to be able to withdraw as a lawyer in a pending case like a
22:48
divorce case, until you get to some stopping point like there's a final order
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or something. So but yeah, when my our lawyer left the case,
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I didn't even know it until my act or now x Calby, I guess
23:02
her lawyer knew before my I did. Well, yeah, they probably fought
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he probably felt he or she probably felt a motion to withdraw his counsel or
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if it's the same from handle. Sometimes they can just substitute in the new
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lawyer of record. But that's unfortunate. It sounds like a lack of communication.
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I always try, especially in divorce cases, to make sure my clients
23:22
are well aware of what's going on, because it's not that great when you're
23:27
soon to be ex spouse is letting you know what's going on in your case
23:32
before your lawyer tells you. And I've had that happened in the past sometimes
23:36
when there's been some ex party things filing on their side and they don't tell
23:38
me, and I explained to the client where they didn't tell me it was
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going on, and then I have to address that with the other attorney.
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But in any event, I can't really tell you whether to I mean,
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if they did the work and you owe the build, then I will I
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will say this. I don't think that. I don't think depending on what
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they're build language looks like that paying it to so they won't come out to
24:03
you for the fee or paying it so they'll continue represent you. I don't
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think that prejudice is your right to still move forward with your feet dispute,
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you might notify them when you pay it that you know, I still have
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a dispute because of that other issue, and I reserve my right to dispute
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that to make sure it's not considered. You agree with everything that's happened in
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relation to the fee, But so, I mean, that's all I can
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really say on that without doing a complete analysis. Thank you Bart, Thank
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you Glad, Glad Tom could help. It's eight forty six. We're gonna
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take a break, and the lines are open. Three or four three four
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five fifty eight fifty eight. Three oh four three four five fifty eight fifty
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eight. Tom Peyton at the Peyton Law Firm in Nitro is with us.
24:49
Lines are open three or four three four five fifty a fifty eight Back in
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at Peyton Law Firm dot com. Again, the number to call is three
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oh four seven five five fifty five fifty six. Hi, everyone, this
25:26
is Danny Jones here to tell you that if you're looking for a place to
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buy or sell a vehicle, stop into Larry Dawson's at six. Personally,
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I've known Larry for over forty years and have bought multiple cars from him.
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of Peyton on your side. It's the power of Paton. It's a forty
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eight on five eighths the voice of Charleston Jeff Jenkins with Tom Peyton and the
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Peyton Law Firm in night troph it's Thursday morning. That means the Peyton Law
26:33
Firm is here, and Thomas here and Don is on the line. Don's
26:37
called in to ask Tom a question. Don, go ahead, good morning,
26:41
you're on the air. Ahead, Good morning, Tom, Good morning
26:42
gone. Just a quick question. First, squatter's right? Whoever come up
26:47
with this? I don't understand it at all? But anyway, my question
26:52
is we've had squatters and we've served the eviction notice. We went to the
26:56
magistrate, got the eviction notice, they served it, and now we're wa't
27:00
want to judge to sign off before we can do anything. But in the
27:03
meantime, the two squatters have been incarcerated. Now what can I do with
27:08
their belongings and their two pit bulls that they left? Okay, so there's
27:15
a lot to unwrap it there. So first of all, you got I
27:18
don't think you're so. There's adverse possession, which some people talk about squatters
27:22
rights. That's where somebody's using property that by deed on paper is owned by
27:29
somebody else, and they occupy it for ten years or more without any agreement,
27:33
almost like their trespassers. But nobody files a lawsuit to remove them,
27:37
and then they can gain ownership with a property that way. That's very complicated.
27:41
Had a case like that I talked about a few weeks ago. It
27:42
went all the way to a jury trial. I think what you're talking about,
27:47
and that's you can't have an agreement, so like a tenant can never
27:49
become owner adverse possession. I think what you're talking about is like and it's
27:56
the laws. It's a little gray, but I mean, you let somebody
28:00
move in property without any agreement. That so there's two ways to get somebody
28:03
out of a piece of property that's moved in initially by agreement or consent,
28:08
even implied consent. Then you can if you have a kind of a formal
28:14
lease, then you file what's called a petition for wrongful occupation of residential rental
28:18
property. That's the conventional eviction process. And of course you filed a magistrict
28:25
chord as long as you're not asking for back rent and excess of ten grains.
28:27
There was no rent okay, so and never no formal or even verbal
28:33
lease agreement. Then you got to file a different form basically called unlawful detainer
28:38
in magistrate court and I've learned you got to do one or the other because
28:42
I've had a magistrate try and claim I filed the quote form that was wrongful
28:47
occupation and residential rental property when I should have filed the other forum, and
28:49
then she dismissed my eviction. But I appealed it and got it reversed because
28:56
you know, it's just semantics. It's just two different forms, and it's
28:59
the same process. You're gonna make sure if you depends on what's counting,
29:02
you're in. But you want to foul the quote unlawful detainer complaint if there
29:04
was never any real lease agreement, and then the magistrate will handle it,
29:10
and then we're not having no luck there. We've done did all the stuff
29:14
through the magistrate and then they were supposed to wait for a judge to sign
29:17
off, and they had done been served before they were incarcerated. Well,
29:21
you serve them with the I mean, it's a it's a lawsuit, it's
29:23
just a summary preceding men. You get a real quick hearing compared to other
29:26
lawsuits that might drag out for a year. So you serve them with the
29:30
unlawful detainer complaint. The sheriff serves them. It's not eviction notice. I
29:34
mean it's a you should have already notified them to get out informally before then
29:38
you didn't have away, Okay. So then they get served with a lawsuit
29:42
which says, hey, unlawful detainer is essentially like I've asked these folks that
29:48
are living on my property. I've asked them to leave. They won't leave
29:52
or unlawfully detaining my property, and so you serve them with that. They
29:55
can find answer or they can show up at court. I think they could
29:57
even ask for a jury trialing or some circum stances. And then these people
30:02
would just they wouldn't do nothing like that. They just okay. But then
30:06
you get to the point where if they don't show up, you win by
30:07
default, probably because they never appeared. Assuming you know what you're claiming is
30:12
the least bit plausible, then the magistrate will enter an order. It's a
30:17
little form order saying that you're granted possession in ten days or something like that,
30:22
and you get a rid of possession later and the sheriff can come and
30:25
remove them from the property. Now, I don't know why you're waiting for
30:27
a judge if it's different than a magistrate. That sounds like somebody may have
30:32
appealed or something, because it really should. There was no no appeal,
30:34
but we've talked to the magistrate got a office several times that they said it
30:38
was waiting for a judge to sign off, which well, I'm not understand.
30:42
And then what there's a there's a there's a disconnect there because now you
30:47
can call magistrates judges, and in federal system they're magistrate judges, but it's
30:51
different like most magistrates in like them are not lawyers in West Virginia. It
30:56
doesn't mean they're not qualified, but they have power to sign the rid of
30:59
possession and you have the sheriff go remove folks. Now if they're already left
31:03
the property, you just want to get an order giving you possession just to
31:07
protect yourself. Then you can go in and well that's it. It depends.
31:14
First of all, if you've got animals there that I mean, I
31:18
don't know you called a humane officer. If you got pit bulls in there,
31:21
we don't know who's taken care of them. If nobody's in there,
31:22
you need to call it. We've already called them like five times. Well
31:27
I don't have called them, and yeah, nobody's can take them. I
31:32
mean, can you get them and just take them to the human you know,
31:34
I don't know. I'm not no, I'm not going to get around
31:37
but all right, well, I mean I don't I don't want to.
31:40
I mean there's options there. Probably, you know, we need to discuss
31:42
a little more detail. I didn't mean you talk about Bannon personal property.
31:45
It all depends on its value. How you do it. I mean there's
31:48
some there's some. If you know, if you have high value items like
31:53
there's nothing like that, well then I don't know, right, so you
31:57
have to make a decision based on reasonable that's like do you I mean,
32:04
if you have something has any decent value, you've got some duties to store
32:07
it and give them notice and give them time to get it. And then
32:09
maybe even if you can't afford to storey anymore, even sell it and retain
32:13
the money somewhere and give them so much time to come back after it.
32:16
Then you can you set it to unclaimed property with the States and then they
32:22
can come out and get it later. If you're talking about some clothes and
32:24
stuff, I'd probably have a different opinion, But you know, okay,
32:29
it just it just depends. But I don't know what you do about that.
32:31
I mean, you know, you got host feeding the dogs. I
32:36
mean, there's nobody in there, and I don't know why. It's gonna
32:37
be animal cruelty at some point. Well the animals are outside chained up.
32:43
Well that's not even better. You know it's gonna get hot. Yeah,
32:46
yeah. Let me let me ask you this. Let me ask you this
32:50
real quick. How does this happen in the first place? If you don't
32:52
mind me asking how, I don't mind that. Okay, My wife's mother
32:57
passed and now she's executive of the property, and they let the sister move
33:04
in just because she had no place off to stay. Well, in the
33:07
meantime, her daughter and her wife come down from Pennsylvania to stay just for
33:14
a few days. Well, they got in there and they would never leave,
33:19
and they were they were abusing the parents, and they were tearing up
33:22
the place, busting up windows, and they won't leave. But now they're
33:29
incarcerated, and I don't know what to do with their belongings. All right,
33:32
if you want to call me at the office, we can. I
33:35
can give a little more direction, probably better off the radio. And then
33:38
um, well, that's a real comments that's an unlawful to tunor situation.
33:43
You let somebody move in just gratuitously, but once they're in there for it,
33:49
you know, you can't get the sheriff just to remove them as trespassers
33:52
because they got their belongings in there and they've made it kind of a residence.
33:54
So then you got to go through courts. There's that line between.
33:58
You know, if somebody just comes in your property, you call the sheriff.
34:00
If they won't leave, that's a trespassing and they'll either be trudge criminally
34:04
or the sheriff will tell them to get out or make them get off.
34:06
But once people have kind of set up shop, I guess you would say
34:10
residents almost, then you got to basically go through the court system at that
34:14
point, and it can become them. Then then you're lucky at it and
34:16
shut because if they show up and say, well, Mama will promise that
34:21
I would own this or something. Once you have ownership issues, even ones
34:24
that I view as frivolous claims and the matter just don't have jurisdiction anymore,
34:29
then you get bumped up to circuit court, where it's not forms to do
34:31
things. And you know, if you need a lawyer, who's gonna cost
34:34
your money. So you just gotta be real careful about, you know,
34:37
letting people move in like that. That's gonna continue to happen because everybody's nice.
34:43
You want to accommodate folks. You just gotta be better off get now
34:45
if you have. If you're in that situation and even a family member,
34:49
a friend wants to move in, you're better off putting something in writing to
34:51
formalize it. That way, they're always just a tenant, and if you
34:55
have to remove them, it's clear that they're not. It's not some least
34:59
to own and it's not some ownership, right, you know. I guess
35:01
the big the big news on that front, and a whole different thank you
35:07
deal is the Tiger Woods thing going on right now. Yeah, where his
35:08
girlfriend is is suing him for thirty million dollars saying that because they broke up,
35:14
right, I guess ex girlfriend right, So now he's being sued by
35:16
her saying, well, he promised that I could live there for at least
35:21
eleven years or something. She only made it five. So she wants thirty
35:23
million dollars, which would be the cost to rent the same thirty thousand square
35:27
foot home somewhere else. So interesting, So with don give Tom mccault the
35:34
office seventy five five fifty five fifty six, right three or four seven fifty
35:37
five fifty six, we can spend a few minutes. I can give you
35:39
some guidance on the property. It's it's just very factual dependent. And then
35:45
dogs just got a practical issue. I mean, I guess eventually the humane
35:49
officer would have to come and put both fans out there. They just have
35:52
you know, there's a there's a there's a sec that of folks that really
35:55
adore pit bulls, and uh, I'm sure if you put something on Facebook
35:59
you would have somebody come willing to help with those dogs. We got a
36:02
minute left here, time, Hey, all right, So anyway, I
36:06
was I was talking about the Tesla story earlier, but take out a little
36:08
bit further. So let's say that person bought their Tesla for thirty five thousand
36:12
dollars. A year and a half later, it gets totalled, insurance companies
36:16
paying them fifty thousand dollars for the car. Now, never in my career,
36:21
and I'd had that even with non Tesla's pre owned vehicles like that are
36:22
getting high prices that I know what Larry's talking about here on high value,
36:28
and so it's just weird. For the first twenty years of my practice,
36:31
I never saw that you're getting paid much less. You know, minute you
36:36
drive a car off a lot, it's worth less than it was when you
36:38
just bought it new. Well, it hasn't been the same case with all
36:42
vehicles over the last two or three years, so it's kind of interesting to
36:45
see how that shifted. But yeah, if you have an issue, legal
36:47
issue, and you didn't get a chance to call the radio, or you
36:50
get somebody particularly hurt in an automobile accident, or you're fighting an insurance company
36:54
on a claim, then give us a call at the office three or four,
37:00
five, five, five six. You can always stop by and we'll
37:02
help if we can. Twenty to one First Avenue, and then our website's
37:07
a great place to go Peyton Lawfirm dot com. It's p E Y T
37:10
O N and you can submit an email right through there and it goes right
37:14
to me and two Dad's computer and we'll respond personally. Okay, Tom,
37:17
good to see you you two Okay, don't forget the fundraiser for the y
37:21
down in Putnam County. Contact them if you want to get it. Yeah,
37:23
contact us now. We got a few spots left. Sleepy Hall is
37:27
a great venue. Okay, all right, ABC News is next. This
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