Latest / WCHS Network Podcasts / 09/25/2025 Ask the Lawyer with Tom Peyton
Transcript
- 0:00Speaker 1: Unlock your dream property with Meeks Realty Group, where Rich
- 0:03Speaker 1: the realtor makes real estate dreams a reality, whether it's
- 0:05Speaker 1: residential or commercial. We've got Charleston to Huntington covered. Your
- 0:09Speaker 1: key to exceptional real estate experience is start here Meeks
- 0:12Speaker 1: Realty Group. Contact us at Meeks dot us.
- 0:15Speaker 2: The views and opinions expressed on this program do not
- 0:18Speaker 2: necessarily reflect the views and opinions of five ad wchs
- 0:22Speaker 2: it's employees or WVRC media courts.
- 0:27Speaker 3: Oh created differ equal, We're mass Come here and to kiton.
- 0:37Speaker 4: They can rosie.
- 0:46Speaker 5: No reason to fight the law. This morning you can
- 0:48Speaker 5: put the law on your side with the Payton Law Firm.
- 0:50Speaker 5: Tom Payton is in studio with us this morning taking
- 0:52Speaker 5: your phone calls. Threes are four three four five fifty
- 0:54Speaker 5: eight fifty eight. If you have any questions for Tom
- 0:56Speaker 5: this morning, this is your opportunity to put the law
- 0:58Speaker 5: on your side with local hometown on attorneys here to
- 1:01Speaker 5: serve you. Threes are A four three four five fifty
- 1:03Speaker 5: fifty eight. Thre es er a four three four five
- 1:04Speaker 5: fifty eight fifty eight on line Peyton Law Firm dot
- 1:07Speaker 5: com more than welcome to give us a call and
- 1:09Speaker 5: steer our conversation to day. But Tom Payton is with
- 1:11Speaker 5: us this morning. Tom, good morning, how you doing this morning?
- 1:12Speaker 5: I'm doing great this morning. How you doing, Dale, I'm
- 1:14Speaker 5: doing well. We're not in the housey on days of
- 1:16Speaker 5: that two and a half weeks of nearly perfect weather
- 1:19Speaker 5: that we had in the Canall Valley for a while,
- 1:21Speaker 5: but it's still not bad for wherever we are coming
- 1:24Speaker 5: towards October.
- 1:25Speaker 3: Yeah, I appreciate the rain, although my wife this morning
- 1:28Speaker 3: was already complaining when is it gonna stop rain?
- 1:31Speaker 5: Well, when you look at the forecast, it's like, well,
- 1:33Speaker 5: there's like rain every day in the forecast. So it does,
- 1:35Speaker 5: but it's that time of year.
- 1:36Speaker 3: It's Yeah, next year it'll be good again, and hopefully
- 1:38Speaker 3: it'll be a good Saturday heading up to Morgantown the
- 1:40Speaker 3: march the Mountaineers beat Utah, so looking forward to that.
- 1:44Speaker 3: Hopefully play a little better than we did last week.
- 1:47Speaker 3: But glad to be here. Yeah. You gave the the
- 1:51Speaker 3: website there, Peyton Law Firm dot com. And if you
- 1:55Speaker 3: hopefully get some calls today, if not, you have a
- 1:56Speaker 3: legal question or concern, you can go right to our
- 1:59Speaker 3: website and submit a question through an email portal, and
- 2:05Speaker 3: that that doesn't go to any third party service. That
- 2:07Speaker 3: goes right to my email and dad's email. And so
- 2:10Speaker 3: we like to get back the same day on those responses,
- 2:13Speaker 3: or maybe the next day. Of course, you can always call.
- 2:16Speaker 3: Sometimes we get stuck in depending on what type of
- 2:20Speaker 3: call it is and the issue. We can we get
- 2:21Speaker 3: some phone tag going when we're back and forth before
- 2:24Speaker 3: we get a hold of somebody. So email is a
- 2:26Speaker 3: really good way to ask a question for your hesitant
- 2:28Speaker 3: to call the radio and ask, or we want to
- 2:31Speaker 3: have a private interaction. Of course, it's all governed by
- 2:33Speaker 3: attorney client privilege. We don't disclose you've ever emailed our office.
- 2:37Speaker 3: It's it's nobody's business. That's you know, confidentiality. Have clients
- 2:42Speaker 3: come in and well just confidential and you I guess
- 2:46Speaker 3: I haven't practiced law for so long. It's take for
- 2:48Speaker 3: granted that people think it is. It's actually take a
- 2:51Speaker 3: little bit offense to it, and people ask, well, of
- 2:52Speaker 3: course it is, why would I go? But you got
- 2:54Speaker 3: to kind of back out of your lawyer role and
- 2:56Speaker 3: realize that people don't don't necessarily understand that. But when
- 2:59Speaker 3: you come to our office. Of course your car's parked
- 3:01Speaker 3: out front, probably, but other than that, it's really nobody's
- 3:03Speaker 3: business that you're even seeing a lawyer. And we treat
- 3:06Speaker 3: it the same way with phone calls, in the same
- 3:08Speaker 3: way with emails through through our website. So if you
- 3:12Speaker 3: if you have some you know, if you don't ask
- 3:15Speaker 3: the right question is really there isn't any dumb legal question.
- 3:19Speaker 3: Certainly if you're not a lawyer, there isn't. And so
- 3:22Speaker 3: if you have some question or concern, take a few
- 3:24Speaker 3: minutes and type out an email, and if it's something
- 3:26Speaker 3: we can give you a quick response on we do.
- 3:29Speaker 3: And if it's something that we need some more information,
- 3:30Speaker 3: we either email back and reply help we need some
- 3:33Speaker 3: more details, or we'll sometimes just say this this requires
- 3:36Speaker 3: a phone call, but there's never any charge for those
- 3:39Speaker 3: initial contacts. And if you've been an automobile accident or
- 3:42Speaker 3: something like that, and maybe you're not hurt, maybe you
- 3:44Speaker 3: got a question about your property damage, or you know,
- 3:48Speaker 3: you're trying to figure out who's going to pay for
- 3:50Speaker 3: your medical bills when somebody else calls the accident, which
- 3:54Speaker 3: you may not need to hire a lawyer, doesn't hurt
- 3:56Speaker 3: to reach out to us and make sure you're doing
- 3:58Speaker 3: the right things so you don't cause a problem with
- 4:01Speaker 3: your claim later if it turns out you've got a
- 4:03Speaker 3: more serious injury or something to that effect. But and
- 4:07Speaker 3: of course we do. I know we've got a lot
- 4:09Speaker 3: of loyal listeners that know what we do. But just
- 4:12Speaker 3: for those that need a refresher or haven't dealt with
- 4:17Speaker 3: us before, listen to the show consistently. You know. We
- 4:21Speaker 3: kind of our bread and butter civil litigation, that's what
- 4:23Speaker 3: we like to do. People have been mostly consumer oriented,
- 4:28Speaker 3: meaning just regular people who have conflicts with insurance companies.
- 4:33Speaker 3: For the most part, have been injured in some way,
- 4:35Speaker 3: a lot of automobile accident cases things like that. We
- 4:38Speaker 3: do a really good job on those. At the same time,
- 4:41Speaker 3: kind of along that line, we also do some security disability.
- 4:45Speaker 3: So if you come to our office and you you
- 4:47Speaker 3: know you've got a long term injury it's preventing you
- 4:49Speaker 3: from work from working, we can not only handle your
- 4:53Speaker 3: automobile accident case, but we can also handle your sociecurity
- 4:58Speaker 3: disability case. We've done a lot of those the years,
- 5:00Speaker 3: so we know how that process works, can walk you
- 5:02Speaker 3: through it. You don't need a separate lawyer. I've done
- 5:06Speaker 3: a lot of workers compensation over the years, but don't
- 5:08Speaker 3: really do much workers compensation anymore unless it's connected with
- 5:12Speaker 3: the case we have. But if you have a you know,
- 5:15Speaker 3: if you're driving delivery, for example, or on a sales
- 5:21Speaker 3: trip or something, you get in an automobile accident with that,
- 5:24Speaker 3: if you're traveling for work, most likely that's a workers
- 5:28Speaker 3: compensation claim. Or are you at a conference somewhere and
- 5:33Speaker 3: you get injured at a hotel or some other premises,
- 5:37Speaker 3: you know, you may have a claim against that property
- 5:40Speaker 3: owner if they didn't maintain their facility in a safe manner.
- 5:44Speaker 3: But you also have a workers compensation claim. You might
- 5:47Speaker 3: have a socialcarre disability claim. Hopefully you're not hurt that bad,
- 5:50Speaker 3: but we can handle all that. It's kind of a
- 5:53Speaker 3: full three sixty circle, and I think it helps to
- 5:56Speaker 3: have the same lawyer handle all of those things because
- 5:59Speaker 3: we're going to be intomy intimately familiar with your injury
- 6:02Speaker 3: and your restrictions and your medical bills, medical records, and
- 6:08Speaker 3: that's a lot of what we do now. At the
- 6:10Speaker 3: same time, we get a Nitro growing up in Saint
- 6:13Speaker 3: Albans and and doing business now in Nitro. For I
- 6:18Speaker 3: guess for Dad it would be I don't even want
- 6:21Speaker 3: to say, it's probably forty years plus fifty years. You know,
- 6:25Speaker 3: we know a lot of people. So if folks call
- 6:27Speaker 3: say oh I got a problem with small business issue
- 6:30Speaker 3: or a landlord tenant issue, we've learned how to do
- 6:36Speaker 3: that over the years, just because we try and help people.
- 6:39Speaker 3: And so if you have those basic issues, then kind
- 6:43Speaker 3: of everyday things need to deed done, some basic estate
- 6:47Speaker 3: planning where we do a lot of that as well.
- 6:50Speaker 3: And so really any question you have, you can conduct
- 6:54Speaker 3: our office, and if it's something that we we don't handle,
- 6:59Speaker 3: maybe more special. We of course have been around for
- 7:02Speaker 3: a long time, so we will try and refer you
- 7:04Speaker 3: to an attorney who practices in that area. If it's
- 7:09Speaker 3: type of case we're just not taking at this time,
- 7:11Speaker 3: we'll refer you to lawyers that we're comfortable with. Sending
- 7:14Speaker 3: you to. Doesn't guarantee your result, but I think you know,
- 7:18Speaker 3: if you come to us and we can't handle it,
- 7:20Speaker 3: we'll probably give you one or two names of lawyers
- 7:24Speaker 3: we respect and we believe are confident that can help
- 7:27Speaker 3: you with your issue. So don't hesitate to contact us
- 7:30Speaker 3: if you have an issue. There's never any choice, any
- 7:33Speaker 3: injury case, you know, you see these ads, No no
- 7:35Speaker 3: fee unless we win. Well, that's how every lawyer that
- 7:38Speaker 3: handles injury cases works, and it's the same way with
- 7:41Speaker 3: our office. If we take the case, we pay the experts,
- 7:45Speaker 3: we pay the fees or the cost to prosecute the matter,
- 7:49Speaker 3: and then we only get reimbursed for that, and we
- 7:52Speaker 3: only get paid a fee if we win the case
- 7:55Speaker 3: for you. So there's no harm, no foul, And if
- 7:57Speaker 3: it's not an injury type case, we don't start to
- 8:00Speaker 3: ticker running and charge just an hourly rate just based
- 8:03Speaker 3: on some initial consultation. We'll meet and talk and or
- 8:07Speaker 3: talk by phone or email, and you're not going to
- 8:09Speaker 3: get a bill for that unless we formalize our relationship
- 8:13Speaker 3: and we have to do some more in depth work
- 8:14Speaker 3: on your behalf.
- 8:16Speaker 5: One of the things that strikes me and sometimes some
- 8:20Speaker 5: of the industries that I think that do battle against
- 8:23Speaker 5: pop culture a lot of the times, and sometimes it's
- 8:27Speaker 5: flippantly used in you know, movies or TV shows or whatever.
- 8:30Speaker 5: Whenever an absurd situation comes up and a character will
- 8:33Speaker 5: be like you'll be hearing from my attorney, you know,
- 8:35Speaker 5: and it kind of seeds poisons the well a little
- 8:38Speaker 5: bit like look at that absurd situation, you know, of course,
- 8:41Speaker 5: but in reality, more people actually should I think, approach
- 8:46Speaker 5: that and with a realistic outlook, because I think more
- 8:50Speaker 5: people should look at how the law they can access
- 8:53Speaker 5: the laws to protect them because a lot of people
- 8:55Speaker 5: are I think cowed by public perceptions sometimes that oh,
- 8:58Speaker 5: I'm going to be considered latition.
- 9:01Speaker 3: Get protection.
- 9:02Speaker 5: You know, there's the laws are there for a reason,
- 9:04Speaker 5: and you should access them if you can.
- 9:06Speaker 3: Being in the industry for all these years, I mean,
- 9:12Speaker 3: nobody wants to get a lawsuit. I don't think, well,
- 9:15Speaker 3: the president may want to get law exempting that one.
- 9:20Speaker 3: Normal people don't want to get involved in lawsuits and litigation,
- 9:26Speaker 3: and uh that's I think natural. But you do also
- 9:33Speaker 3: have big business, big insurance pay specialty groups oftentimes funded
- 9:41Speaker 3: by the National Chamber of Commerce, and they're they have
- 9:45Speaker 3: local folks here too, sometimes on this station talking about
- 9:49Speaker 3: greedy lawyers, and of course that implies the client's greedy
- 9:53Speaker 3: because we lawyers only. They can't file a case on
- 9:56Speaker 3: you can file it on behalf of yourself. You have
- 9:58Speaker 3: to have a client come to you first and contact you,
- 10:00Speaker 3: would hire you before you have a case. It implies
- 10:02Speaker 3: the person asserting their civil rights is greedy and what
- 10:08Speaker 3: they've done it's been a campaign since I've been practicing law.
- 10:11Speaker 3: It's it's it's acute in a way, but really it's
- 10:15Speaker 3: it's about implanting that thought process in everyone's head. So
- 10:22Speaker 3: people that are everyday folks see it as a negative
- 10:27Speaker 3: to assert their civil rights. Now they don't have that
- 10:30Speaker 3: same attitude when businesses sue people, because it's, as I've
- 10:37Speaker 3: said many times, the great equalizer is the jury trial.
- 10:41Speaker 3: And you get we can handle a case for a
- 10:47Speaker 3: you know, somebody that works at Kroger in Saint Albans
- 10:49Speaker 3: and we can maybe file that case in the Circuit
- 10:52Speaker 3: Court of Kenall County against perhaps the biggest casually insurer
- 10:55Speaker 3: in the world, and no matter what their resources are,
- 11:00Speaker 3: we get the case to a jury in front of
- 11:01Speaker 3: six regular people, and that's where we tend to do well.
- 11:05Speaker 3: But big business and big insurance don't like that because
- 11:09Speaker 3: one they can't control it. They don't have the power
- 11:13Speaker 3: which has like it or not. You know, money allows
- 11:19Speaker 3: a lot of control and influence through lobbying and other
- 11:22Speaker 3: ways and manipulation of the of the economy. So that's
- 11:27Speaker 3: a situation where they can't control it when they get
- 11:30Speaker 3: to that point. And so naturally in business, you wouldn't
- 11:35Speaker 3: want an X factory out there that might be a
- 11:38Speaker 3: cost that significant significantly more than you budgeted for, for example,
- 11:44Speaker 3: so that you get a broad based campaign through billboards,
- 11:50Speaker 3: local interest groups, et cetera. Just browbeating this. You know,
- 11:56Speaker 3: lawsuits are bad or greedy if you do it, and
- 11:58Speaker 3: so you know and often times here, well, I'm not
- 12:00Speaker 3: the kind of person that would do this right. Well,
- 12:02Speaker 3: of course, a lot of people hire lawyers and they're desperate.
- 12:05Speaker 3: I mean, you can say that all you want, but
- 12:07Speaker 3: when you can't work, and you know your wage replacement
- 12:11Speaker 3: through workers comp or so security is is a fraction
- 12:15Speaker 3: of what you're earning before, while you're trying to support
- 12:17Speaker 3: your family, then you're going to do probably what you
- 12:21Speaker 3: have to do. But that there's nothing wrong with exercising
- 12:26Speaker 3: your civil rights doesn't mean you have to be litigious.
- 12:29Speaker 3: I mean, those same big businesses and big insurance companies,
- 12:32Speaker 3: they don't hesitate for one second to exercise their civil
- 12:36Speaker 3: rights if they think they've been wronged. In some way,
- 12:40Speaker 3: but that that kind of bias that's been almost subconsciously
- 12:45Speaker 3: pushed and planted is something that.
- 12:51Speaker 2: You know.
- 12:51Speaker 3: It's it's just there and and that and and that's
- 12:54Speaker 3: what people have to overcome sometimes before they decide to
- 12:57Speaker 3: take actions to protect their civil rights. But there's nothing
- 12:59Speaker 3: wrong with I mean, that's why we have the system,
- 13:01Speaker 3: and it's a it's a civil system. So that if
- 13:05Speaker 3: I mean, if you get rear ended because somebody was
- 13:07Speaker 3: staring at their phone and hurt you, if you don't
- 13:13Speaker 3: have the civil justice system where you can get it,
- 13:16Speaker 3: probably may not be satisfactory. Even you're not. Civil justice
- 13:19Speaker 3: system doesn't let you put somebody in jail. It doesn't
- 13:22Speaker 3: let you hang them up and pull their toenails out,
- 13:25Speaker 3: which you'd like to do to a lot of folks
- 13:27Speaker 3: who commit civil wrongs. But it gives you a way
- 13:30Speaker 3: to get monetary compensation that gives you some satisfaction and
- 13:33Speaker 3: is supposed to make your whole so that you're to
- 13:36Speaker 3: extent the law can It puts you back financially in
- 13:38Speaker 3: the place you should have been if this person hadn't
- 13:41Speaker 3: been staring at their phone or drinking and driving and
- 13:44Speaker 3: rammed into your car and hurt you or your family,
- 13:47Speaker 3: and there's there's there's absolutely nothing wrong with with taking
- 13:51Speaker 3: legal action to exercise your rights in that regard, and
- 13:55Speaker 3: and it's it's I mean, I think it's probably kind
- 13:58Speaker 3: of like going to the doctor, going to the lawyer're
- 14:00Speaker 3: going to the dentist. You know, nobody really, very few
- 14:03Speaker 3: people really like to do that. But yeah, other than
- 14:07Speaker 3: that hesitation, you really shouldn't have qualms about exercising your
- 14:14Speaker 3: civil rights because it's we've had the civil justice system
- 14:20Speaker 3: since the beginning of our country, and it's there and
- 14:22Speaker 3: it's available, and those folks that push that it's bad,
- 14:27Speaker 3: do not hesitate to exercise those rights themselves.
- 14:29Speaker 5: You may find that you were protecting in the ways
- 14:31Speaker 5: you didn't know. I know, in previous conversations that I
- 14:33Speaker 5: had with you and your dad, I got into a
- 14:34Speaker 5: car accident. This was decades ago, but it was with
- 14:37Speaker 5: an older lady and she rear ended me. It was
- 14:40Speaker 5: definitely her fault, and it was in Michigan. And and
- 14:44Speaker 5: my disposition, because it was a sweet old lady, was
- 14:48Speaker 5: and there was no real damage I could see to
- 14:50Speaker 5: the car. My disposition was like, you know, everything's fine,
- 14:52Speaker 5: are you Okay, is anything I can do for you? Okay, well,
- 14:54Speaker 5: everything's my no harm, no foul, that sort of thing.
- 14:56Speaker 5: And frankly, like within a day later, I had all
- 14:59Speaker 5: kinds of neck and like it sounds like I'm making
- 15:02Speaker 5: it up, but it was really true. I was having
- 15:03Speaker 5: all kinds of neck and back pain and stuff like that,
- 15:05Speaker 5: and the the mid back pain really has never gone away.
- 15:08Speaker 5: It's been sort of a problem I've had ever since then.
- 15:10Speaker 5: Whether it's coincidence or it was related to that, to
- 15:13Speaker 5: that accident, I don't know, but I never even thought about.
- 15:16Speaker 3: It on an accident report, which hopefully a lot of
- 15:19Speaker 3: people out there haven't had to look at a uniform
- 15:22Speaker 3: westionan traffic crash report, which is what it's called officially,
- 15:25Speaker 3: but it's an accident report the police put together. You know,
- 15:27Speaker 3: there's there's boxes, and there was an injury and it's
- 15:30Speaker 3: you know, serious injury, disabling injury, maybe an injury. There's
- 15:36Speaker 3: there's four or five choices for the law enforcement offster
- 15:38Speaker 3: filling the bubble. And you don't know how many cases
- 15:41Speaker 3: I've had where it's no injury at the time because
- 15:44Speaker 3: the person's able to move about, didn't need an ambulance
- 15:49Speaker 3: to take them, but no obvious fractures or broken bones.
- 15:54Speaker 3: But in the days afterward, it's not because they're making
- 15:58Speaker 3: up a claim, you know, which is what insurance adjusters imply. Well,
- 16:02Speaker 3: it says no injury on the accident report, and so
- 16:05Speaker 3: we're not going to pay the claim. You run into
- 16:07Speaker 3: that sometimes, But think about when you go and do
- 16:11Speaker 3: strenuous yard work, go to the gym for the first time,
- 16:16Speaker 3: have a fall somewhere or whatever, getting some physical activity
- 16:21Speaker 3: that you're not used to, whether it's a getting banged
- 16:24Speaker 3: around or just strenuous activity, you you don't normally feel bad.
- 16:33Speaker 3: I mean, you feel a little bit of pain at
- 16:34Speaker 3: the beginning maybe or discomfort, but you don't start feeling
- 16:40Speaker 3: the hurt until a day later, sometimes two days later.
- 16:44Speaker 3: And that's the same thing with automobile accidents. So doesn't
- 16:47Speaker 3: mean that you didn't have an injury just because you
- 16:49Speaker 3: didn't note it at the time. And if you're trying
- 16:52Speaker 3: to get to work or trying to get somewhere else
- 16:54Speaker 3: and your your vehicle isn't doesn't have disabling damage, there's
- 16:57Speaker 3: there's nothing wrong with trying to persevere. And then if
- 17:00Speaker 3: if it looks like you've got some problems then going
- 17:03Speaker 3: to the doctor. But I was reminded one time in
- 17:06Speaker 3: the downtown Pittsburgh when I was up there for a deposition.
- 17:08Speaker 3: It's been fifteen years ago, and yeah, I learned, like
- 17:14Speaker 3: you just referenced, that it's best to uh take some
- 17:18Speaker 3: time for yourself and get a little treatment pretty quickly
- 17:21Speaker 3: if you got neck or back problems, whether it's a
- 17:23Speaker 3: chiropractor or going to see your primary care physician, maybe
- 17:26Speaker 3: they prescribe some physical therapy. Uh, your chances of having
- 17:31Speaker 3: a not having a chronic injury are much improved if
- 17:35Speaker 3: you get treatment rather quickly. And of course in my case,
- 17:40Speaker 3: I uh, maybe you know, didn't. We didn't call law enforcement,
- 17:44Speaker 3: even it was downtown during rush hour, documented it got
- 17:47Speaker 3: the insurance information, et cetera. And then when next started
- 17:50Speaker 3: hurting the next day, well that's you know, I'm whatever,
- 17:55Speaker 3: early thirties, it'll just go away. And then it started popping,
- 17:57Speaker 3: and then of course I figured I probably should have
- 18:00Speaker 3: seen a chiropractor. It was six months later, and uh,
- 18:04Speaker 3: if I didn't follow my own advice, of course, that's
- 18:05Speaker 3: a life lesson. I should have gone and got some
- 18:07Speaker 3: treatment off the bat. But and it eventually dissipated, but
- 18:10Speaker 3: it took years. For years, I would turn my head
- 18:13Speaker 3: one way or the other and hear a pop or
- 18:14Speaker 3: a click, and if I went the wrong direction, it
- 18:17Speaker 3: would hurt. And I always thought, well, if I would
- 18:20Speaker 3: have just got in and got some physical therapy or
- 18:23Speaker 3: you know, some chiropractical treatment, then I probably wouldn't be
- 18:26Speaker 3: dealing with this, and and and eventually it did. It
- 18:29Speaker 3: did go away. But that's an example of what not
- 18:32Speaker 3: to do if you want to know better. So I
- 18:34Speaker 3: didn't follow my own advice there because I wanted to
- 18:37Speaker 3: get back, you know, like everybody else. Naturally you don't
- 18:39Speaker 3: you don't want to, you know, miss work. But the
- 18:41Speaker 3: inconvenience of it all, yeah, I mean I wasn't going
- 18:45Speaker 3: to get any invasive treatment. I don't think it would.
- 18:47Speaker 3: I just needed some some therapy or chiro treatment. But uh,
- 18:52Speaker 3: you know, I didn't want to. I didn't want to
- 18:54Speaker 3: miss work. I didn't want to go do things that
- 18:57Speaker 3: I didn't want to do or didn't need felt I
- 18:59Speaker 3: didn't need to do. And and so I guess lesson there.
- 19:04Speaker 3: Life lesson for me was if you if you think
- 19:06Speaker 3: you have an injury, it doesn't hurt to go get
- 19:08Speaker 3: checked out. If you've been in an accident, even if
- 19:12Speaker 3: it's maybe it was a single biggle accent, you just
- 19:15Speaker 3: ran off the road or hit a deer, ran off
- 19:16Speaker 3: the road something like that. You probably have some coverage
- 19:18Speaker 3: under your automobile insurance that will pay any out of
- 19:21Speaker 3: pocket expenses for treatment like that. And of course if
- 19:26Speaker 3: it was somebody else's fault, then then we can help you.
- 19:29Speaker 3: But ultimately, whether you have a lawyer or not, in
- 19:31Speaker 3: the end, the person's automobile insurance, a person who calls
- 19:36Speaker 3: the accident, I mean their automobile insurance should pay all
- 19:38Speaker 3: medical bills chiropractor, physical therapy, et cetera, so that you
- 19:42Speaker 3: don't have a dime of out of pocket expense by
- 19:44Speaker 3: the time the claim's resolved. And it may be a
- 19:48Speaker 3: claim where you get a few weeks of physical therapy
- 19:51Speaker 3: and and you're all better, But at the same time
- 19:54Speaker 3: there and their insurance company should be paying one hundred
- 19:56Speaker 3: percent of that bill.
- 19:58Speaker 5: Yeah, that's great information. We'll it's like a break here
- 20:00Speaker 5: in just a moment. But if you want to get
- 20:01Speaker 5: on the conversation, you want to steer the conversation towards
- 20:03Speaker 5: a problem that you wish to navigator, maybe a mental exercise,
- 20:07Speaker 5: something that you just want Tom's opinion, onoining. You're welcome
- 20:09Speaker 5: to give us a call this morning three z are
- 20:10Speaker 5: a four three four five fifty eight fifty eight to
- 20:12Speaker 5: talk to Tom Payton from the pathon law firm three
- 20:13Speaker 5: zero four three four five fifty eight fifty eight. You
- 20:15Speaker 5: can also text three zero four nine three five five
- 20:17Speaker 5: zero zero eight three zero four nine three five five
- 20:20Speaker 5: zero zero eight. The last kind of example that I'll
- 20:22Speaker 5: get to before we go to the break. This is
- 20:24Speaker 5: something I think we had talked about off air, maybe
- 20:27Speaker 5: years ago at this point, but it's another example of
- 20:29Speaker 5: how people can protect themselves that maybe don't make the
- 20:32Speaker 5: same mistake I did. So I'll use myself as as
- 20:33Speaker 5: another example. I had some contract work done on my
- 20:36Speaker 5: house when I first remodeled it and we moved into it,
- 20:41Speaker 5: my wife and I, and over the course of Tom,
- 20:45Speaker 5: we noticed that there were things that were on the
- 20:48Speaker 5: contract that simply were not done. Materials that weren't used
- 20:51Speaker 5: that should have been done, installation that was put in
- 20:54Speaker 5: that wasn't done, the wrong type of wood used in
- 20:56Speaker 5: certain situations, like all kinds of little things that when
- 20:59Speaker 5: added up, meant like my windows were like sort of
- 21:02Speaker 5: dry rotting and pulling out early. The insulation of my
- 21:05Speaker 5: house wasn't as good. My energy bills were bad. I mean,
- 21:06Speaker 5: there was some pretty legitimate problems. And in the meantime,
- 21:10Speaker 5: over the course of maybe the two years that we discovered,
- 21:12Speaker 5: all these issues really kind of piling up. The person
- 21:15Speaker 5: did our contractor also got elected to a public office,
- 21:18Speaker 5: and when it came time that was like, and we
- 21:20Speaker 5: had offered several opportunities for them to come back to
- 21:23Speaker 5: fix the work. We like, hey, this is not working.
- 21:25Speaker 5: And once they came back another time they declined, and
- 21:27Speaker 5: then they just ghosted us, just stopped responding to us.
- 21:29Speaker 5: And then I got intimidated. Frankly, I was like, Oh,
- 21:32Speaker 5: this guy's inn office. Now there's no way in the
- 21:33Speaker 5: world that I'm going to get any remedy to this
- 21:35Speaker 5: huge mistake. I should have I should have sure that
- 21:37Speaker 5: I should.
- 21:38Speaker 3: When I said that, my thought is there's a because
- 21:41Speaker 3: contractor cases are always difficult because you had you know,
- 21:46Speaker 3: you got liability, whether they did something wrong, What are
- 21:50Speaker 3: your damages? What's going to cost to fix this problem?
- 21:53Speaker 3: But the third part is collection, the ability to collect,
- 21:55Speaker 3: and you'll see these contractors or some contractors getting pseudo
- 22:00Speaker 3: contractors they aren't licensed a lot of times getting charged
- 22:02Speaker 3: with obtaining under false pretenses and things like that, getting
- 22:05Speaker 3: deposits and running off. But even even conductors that are
- 22:10Speaker 3: that are legitimately licensed, sometimes it's very difficult to collect
- 22:15Speaker 3: sometimes because they can found bankruptcy. They often don't have
- 22:18Speaker 3: insurance coverage for workmanship problems. So when you were telling
- 22:21Speaker 3: your story, Chase my lawy, your mind was thinking, Oh,
- 22:24Speaker 3: they're in public office. That gives us a much better
- 22:26Speaker 3: chance to get this inimid that. It was just intimidating
- 22:29Speaker 3: they want to have a lawsuit against but makes sense
- 22:31Speaker 3: they might have some wherewithal to actually pay it rather
- 22:34Speaker 3: than have their You know, if they're getting paid to
- 22:37Speaker 3: be in the in a public office, then you can
- 22:39Speaker 3: garnish those wages and it's easy to find the employer,
- 22:42Speaker 3: you know, behind a cast job or something.
- 22:46Speaker 5: Don't make the mistake I did. You can fit the
- 22:47Speaker 5: law on your side and get somebody to help you out.
- 22:49Speaker 5: I feel like you need a remedy for that situation.
- 22:51Speaker 5: I think we have a caller that's on the line. Now,
- 22:52Speaker 5: let's wait to get our caller in before we go
- 22:53Speaker 5: to the break caller, you're on the air. What's your
- 22:55Speaker 5: first name? Clark? Okay, Clark, go ahead. What's your question
- 22:59Speaker 5: for Tom?
- 23:00Speaker 3: Hey? Tom? Just has to do with real estate.
- 23:04Speaker 1: On a transfer on death.
- 23:06Speaker 6: Can you do that on a second home also or
- 23:08Speaker 6: is it only.
- 23:08Speaker 3: On a first Yes, you can do a transfer on
- 23:11Speaker 3: death deed, which I just had a call with somebody yesterday.
- 23:16Speaker 3: Unfortunately she'd done some a lawyer had done in twenty
- 23:19Speaker 3: twenty one, one of these life estate deeds where she
- 23:21Speaker 3: needed her property away and only reserved a life estate.
- 23:24Speaker 3: And now, of course she has a controversy with that
- 23:26Speaker 3: one child. And when you do a life estate deed
- 23:30Speaker 3: that we're in vogue before transferring death deeds, you lose
- 23:33Speaker 3: some ownership of your property. Now transferring death deed, primarily
- 23:38Speaker 3: it's really good for your home place because people get
- 23:41Speaker 3: concerned about whether they or not have to spend you know,
- 23:43Speaker 3: their home is going to be quote taken if they
- 23:45Speaker 3: need to go in a long term nursing home care.
- 23:49Speaker 3: Most of ninety nine point nine percent of the time,
- 23:51Speaker 3: the government through the Medicaid program will not come and
- 23:55Speaker 3: they'll never really force you to sell your home, they
- 23:57Speaker 3: can put a lien on it after you pass away,
- 23:59Speaker 3: and the transferring day deed helps avoid that for your
- 24:01Speaker 3: primary residence. Of course, Medicaid is a welfare benefit, so
- 24:06Speaker 3: just meaning anybody can be on that long term care
- 24:09Speaker 3: form of Medicaid if you qualify financially in your house
- 24:13Speaker 3: up to a certain value, significant value doesn't count against
- 24:17Speaker 3: you when they're determining whether you are financially eligible for
- 24:20Speaker 3: that Medicaid benefit or not, so you can retain your
- 24:23Speaker 3: home and still be on Medicaid. And then the transferring
- 24:25Speaker 3: death deed right now is preventing the government from effectively
- 24:29Speaker 3: putting leans against your home after you pass away. That way,
- 24:33Speaker 3: your herors can potentially inherit it through the transferring death
- 24:36Speaker 3: deed without creditor claims being placed against government or otherwise.
- 24:40Speaker 3: So you take that same analysis for let's say you
- 24:44Speaker 3: got a hunting camp up in whatever work county or somewhere,
- 24:49Speaker 3: and you go and apply for Medicaid because you're older
- 24:52Speaker 3: and you got long term issues, Well, they do count
- 24:56Speaker 3: the value of that other property against you. So you're
- 24:59Speaker 3: going to you're not going to qualify for Medicaid most
- 25:02Speaker 3: likely if you have some acreage up in another county,
- 25:05Speaker 3: So to that extent, the transferring death need doesn't help. However,
- 25:11Speaker 3: transferring death deeds do take the property out of the
- 25:14Speaker 3: probate process, so for general claims made against your estate.
- 25:20Speaker 3: So when I do a lot of a state administration,
- 25:22Speaker 3: you see things like ambulance bills, maybe some outstanding medical
- 25:26Speaker 3: bills up credit quard or two popped up when they
- 25:29Speaker 3: file claims against your estate after you pass away. It's
- 25:32Speaker 3: not the air's debts. They don't have to personally pay it.
- 25:35Speaker 3: But your assets that go through the probate process are
- 25:38Speaker 3: subject to those claims. So if you have a transfer
- 25:42Speaker 3: on death deed, that transfers to the beneficiaries you've designated
- 25:46Speaker 3: in that deed, notwithstanding what your will says or inheritance
- 25:50Speaker 3: law is, and it does not subject it to the
- 25:53Speaker 3: probate process where claims can be filed. So and generally
- 25:59Speaker 3: I think most title companies are there's no waiting period
- 26:03Speaker 3: or anything. After you pass away. It's immediately vested in
- 26:06Speaker 3: the owners you have named in your transferring death deed.
- 26:09Speaker 3: They don't have to do anything olthough maybe you record
- 26:11Speaker 3: a death certificate if it's a property outside the county
- 26:15Speaker 3: where you passed away or lived. Death certificates are filed
- 26:18Speaker 3: in those counties automatically in the record room, the same
- 26:21Speaker 3: place deeds are. So if you had a transferred death
- 26:23Speaker 3: deed in Kennall County and you passed away here, I
- 26:26Speaker 3: would see your death certificate when I do a title
- 26:28Speaker 3: search and see well, now, Susie Q and John Doe
- 26:31Speaker 3: own this because that's who Clark put down at his
- 26:33Speaker 3: beneficiaries on his transferring death deeds, So it it doesn't
- 26:38Speaker 3: accomplish necessarily that one element of avoiding medicaid recovery if
- 26:44Speaker 3: you actually need to go on long term nursing home
- 26:46Speaker 3: care and rely on Medicaid. But it still takes it
- 26:49Speaker 3: outside the private process. So there are advantages to having
- 26:52Speaker 3: it done so you know, it depends on your budget.
- 26:55Speaker 3: Things like that, if you have a couple, you can
- 26:59Speaker 3: name a contention beneficiary and a primo beneficiary, and transferring
- 27:02Speaker 3: death deed you can name more than one beneficiary and
- 27:05Speaker 3: you're transferring death deed. You can't use them if you're
- 27:07Speaker 3: doing something more complex than it needs to go through
- 27:10Speaker 3: through your will. But otherwise, if you have the budget
- 27:11Speaker 3: to afford to get the deeds drafted and recorded very
- 27:16Speaker 3: an excellent idea. Yeah, it doesn't, it doesn't certainly doesn't
- 27:19Speaker 3: hurt anything. And going back to the example I gave
- 27:22Speaker 3: of the woman who addeded the property to a child
- 27:25Speaker 3: and reserved a life estate, the benefit of transferring death
- 27:28Speaker 3: needs or the difference is you don't lose any ownership
- 27:30Speaker 3: when you record a transferring death deed. You can sell it, borrow,
- 27:33Speaker 3: do whatever you want. You can record a new one
- 27:36Speaker 3: and change the beneficiaries to somebody else without ever even
- 27:40Speaker 3: communicating with your previous beneficiary. So that's that's I like
- 27:44Speaker 3: that because, uh, you know, whether I would ever need
- 27:47Speaker 3: to go into a long term nursing home, you know,
- 27:50Speaker 3: I mean I think that's unless you have a known
- 27:52Speaker 3: issue early early on set, you know, dementia or something
- 27:55Speaker 3: like that. Then it's just speculation. And so I think
- 27:57Speaker 3: you get a lot of overkill with trust and things
- 28:00Speaker 3: like that to address an issue that may never come up.
- 28:03Speaker 3: But transfer on death deeds are simple, and and that
- 28:08Speaker 3: fear of potentially needing to go to a nursing home
- 28:10Speaker 3: where the government doesn't come take your money, I mean,
- 28:12Speaker 3: you just you have to pay your own way, unless
- 28:15Speaker 3: you have insurance for it or you become you know, indigent,
- 28:19Speaker 3: and then then welfare will pay for it, so you
- 28:22Speaker 3: just pay your own way. But I wouldn't based on
- 28:24Speaker 3: that remote chance. I don't want to give my kids
- 28:28Speaker 3: my property or have them have control over whether I
- 28:31Speaker 3: can borrow, sell, or do whatever I want to do
- 28:33Speaker 3: with my property. It's nothing against my kids. I just
- 28:37Speaker 3: I'm not comfortable with that. So I like to transferring
- 28:40Speaker 3: death deed because I can get some advantages of getting
- 28:43Speaker 3: get outside of probate, but not lose one ounce of
- 28:46Speaker 3: control over my ownership of the property. Okay, So it's
- 28:51Speaker 3: a long explanation for a short question, but I hope,
- 28:53Speaker 3: hope it helps.
- 28:55Speaker 6: Yeah, a lot of information there to think about. Thank you.
- 28:57Speaker 5: Yeah, I appreciate the call, and that loves the line
- 28:59Speaker 5: open for you. We'll go and take our break now,
- 29:01Speaker 5: but if you want to get on the phone line,
- 29:02Speaker 5: you're more than welcome to do that and give us
- 29:03Speaker 5: a call. Threes are a four three four five fifty
- 29:05Speaker 5: eight fifty eight. Threes are a four three four five
- 29:06Speaker 5: fifty fifty eight. It's a number you can call to
- 29:08Speaker 5: get online with Tom Payton from the Payton Law Firm
- 29:10Speaker 5: if you need to go via text. Maybe you're at
- 29:13Speaker 5: work you need to type out a message or something.
- 29:15Speaker 5: You can do that as well. Threes are a four
- 29:17Speaker 5: none three five five zero zero eight is a text
- 29:18Speaker 5: line number three zero four non three five five zero
- 29:21Speaker 5: zero eight. We'll take a break and be back right
- 29:22Speaker 5: after this. You can find more information online. Paytent Lawfirm
- 29:24Speaker 5: dot com, p E y t O and Peyton Lawfirm
- 29:26Speaker 5: dot com located in a Nitro, West Virginia. Their number
- 29:29Speaker 5: seven five five fifty five fifty six three zero four
- 29:31Speaker 5: seven five five fifty five fifty six. You can call
- 29:34Speaker 5: us though at three zero four three four five fifty
- 29:35Speaker 5: eight fifty eight. We'll be back right after this. You're
- 29:37Speaker 5: listening to ask the lawyer on five eight WCHS A
- 29:40Speaker 5: voice for Charleston.
- 29:40Speaker 4: Why do people trust Peyton Law Firm for personal injury
- 29:44Speaker 4: claims in West Virginia? Simple, Tom and Harvey are from here.
- 29:48Speaker 4: They live here, and they're proud of it. If you've
- 29:51Speaker 4: been hurt and you want no nonsense representation that gets results,
- 29:55Speaker 4: you want the Peyton Law Firm. Don't let insurance companies
- 29:58Speaker 4: take advantage of you. Call three zero four seven five
- 30:02Speaker 4: five fifty five fifty six today for a free consultation.
- 30:06Speaker 4: Discover more at Peyton Law Firm dot com. The latest
- 30:10Speaker 4: and news talking sports when five eight WCCHS has brought
- 30:13Speaker 4: to you by Jarrett Construction.
- 30:15Speaker 6: Visit Jarrett Dashconstruction dot com for more information.
- 30:18Speaker 1: Time right on budget, came on Jerit's construction.
- 30:26Speaker 6: A smooth close, barbiusall shave lifts your confidence. Your whiskers
- 30:30Speaker 6: may fall, but today you can ascend to greatness. So
- 30:33Speaker 6: lather up and dream big. Just don't forget to pick
- 30:36Speaker 6: up that gallon of milk on your way home. Barbousol,
- 30:39Speaker 6: it's a can of can.
- 30:40Speaker 5: Do your hometown attorneys with your hometown music. Coming back
- 30:55Speaker 5: to a little country roads. You know, I like and
- 30:58Speaker 5: we talk a lot. We've talked a lot on this program.
- 31:00Speaker 5: I am uh ask the expert other than outside of
- 31:02Speaker 5: ask the lawyer on different types of industries and things
- 31:05Speaker 5: like that. And a lot of people like to go
- 31:07Speaker 5: back to our old feeling on the hardware store. You know,
- 31:13Speaker 5: we all have the remembrances when you go into your
- 31:15Speaker 5: local hardware store and you would see Bob there who
- 31:18Speaker 5: you've known forever, and you're coming in and you say, hey, Bob,
- 31:20Speaker 5: I have a problem with my dryer at home. I
- 31:22Speaker 5: have a problem with this issue, and I'm trying to
- 31:24Speaker 5: work on this around some plumbing that I have in
- 31:25Speaker 5: my bathroom. Bob knows a little bit about everything. He's
- 31:28Speaker 5: known you for years because you've always come to win
- 31:29Speaker 5: with your problems. He's like, oh, wait a minute, you
- 31:31Speaker 5: put that new pigtel on that dryer last year. Don't
- 31:33Speaker 5: you hold on a second, we see what I can
- 31:34Speaker 5: help you with. After a few minutes, Bob comes back
- 31:36Speaker 5: to you and you check out, you going, You're really happy.
- 31:39Speaker 5: Bob knows you. You know the store, Everything's fine. It's
- 31:42Speaker 5: hometown service. The juxtaposition of that is going into a
- 31:46Speaker 5: big box store and hitting the button in whatever section
- 31:48Speaker 5: it is that you need your equipment in and some
- 31:50Speaker 5: teenager wander over to you and you try to explain
- 31:53Speaker 5: what it is you're trying to do and they have
- 31:54Speaker 5: no idea what you're talking about. And to me, that's
- 31:56Speaker 5: sort of the difference between the Peyton Law firm getting
- 31:58Speaker 5: hometown coverage from your from your legal advice and just
- 32:01Speaker 5: sort of generical robofirm.
- 32:03Speaker 3: That's a good example. I mean, we have a lot
- 32:04Speaker 3: of clients that just are lifetime clients. They trust us
- 32:07Speaker 3: and they come back to us for small business things.
- 32:10Speaker 3: And like I said, if it's something gets uh, you know,
- 32:13Speaker 3: you got an income tax issue, it's complicated. We don't
- 32:15Speaker 3: really do that type work. Or you have if you
- 32:17Speaker 3: get into a bankruptcy situation or something, we don't do
- 32:19Speaker 3: that type work. So but we have lawyers that we
- 32:21Speaker 3: know that do that, and we'll be glad to refer
- 32:24Speaker 3: you out to them. But you know, back to Clark's question,
- 32:27Speaker 3: you know that's that's the kind of thing you have
- 32:28Speaker 3: just an inquiry about that. Should I do a transferring
- 32:31Speaker 3: death deed? Send send a message through the website and
- 32:34Speaker 3: then we can get back real quick on that or
- 32:36Speaker 3: have a quick phone call, and then you can decide whether,
- 32:39Speaker 3: depending on the costs, what do you want to have
- 32:41Speaker 3: transferring death deeds done? Yeah. Here locally, there's something I've
- 32:46Speaker 3: been following. We've talked about a little bit as the
- 32:48Speaker 3: uh this long path of the Religious Exemption Act or
- 32:56Speaker 3: what it's called now URPA UH and other. You got
- 33:02Speaker 3: this dispute between the Governor's executive order and mandatory vaccines.
- 33:05Speaker 3: All we got another call we have call right, do
- 33:07Speaker 3: that real quick?
- 33:08Speaker 5: Color what's your first name. You're on the air with Tom.
- 33:11Speaker 4: Larry.
- 33:12Speaker 6: I got a question about uh uh why did they
- 33:18Speaker 6: drop the coverage of the w VE.
- 33:23Speaker 5: The pre game, the pre game legal question question. I'm
- 33:29Speaker 5: gonna answer it for that for you, Larry. Basically, UH
- 33:33Speaker 5: Metro News has been doing that for years. Of course,
- 33:35Speaker 5: UH Metro News and West Nina Radio Corporation doesn't have
- 33:38Speaker 5: the play by play of the games. Of course, that's
- 33:40Speaker 5: through UH that's through lear Field and UH they do
- 33:43Speaker 5: a great job with Tony and Brad and those guys
- 33:44Speaker 5: on there, And frankly, it just came to the point,
- 33:47Speaker 5: we've we did nine years for years, we have kind
- 33:49Speaker 5: of a reallocation of some of our resources and things
- 33:51Speaker 5: that we're doing. We'd still give full coverage on the
- 33:55Speaker 5: website and through our various programs. You'll still hear a
- 33:57Speaker 5: lot of the same things on talk Line, on mid
- 33:59Speaker 5: day and on how Line, but it is true that
- 34:01Speaker 5: the nine hour coverage that we had in the middle
- 34:03Speaker 5: of the day this year anyway has gone with of
- 34:06Speaker 5: course Hoffe retired and he was one of the main
- 34:07Speaker 5: anchors of the program.
- 34:08Speaker 3: Do you still have some do you have pregame covers
- 34:11Speaker 3: at all, no, we don't cover anything at all.
- 34:13Speaker 5: So on CCHS you're getting like a college football doubleheader
- 34:15Speaker 5: every Saturday now because before we couldn't do that. And
- 34:18Speaker 5: I hear you believe me. We we know folks are
- 34:21Speaker 5: used to our WVU coverage and thanks for being aware
- 34:23Speaker 5: of that.
- 34:24Speaker 3: I enjoyed it. I liked it, I mean obviously, I
- 34:26Speaker 3: mean I've griped about it before on here and when
- 34:29Speaker 3: when Westernior Radio Corporation did not get the broadcast rights
- 34:34Speaker 3: for the play by play, of course it hurts because
- 34:36Speaker 3: a lot of people will just tune into that channel.
- 34:39Speaker 3: But I haven't found their frequency as good or as clear,
- 34:43Speaker 3: and there is my opinion. I mean, their pregame and
- 34:49Speaker 3: post game commentary was not nearly as good as Western
- 34:53Speaker 3: Radio Corporation, even after you guys lost the broadcast rights.
- 34:56Speaker 5: I mean we created that.
- 34:57Speaker 3: Was that Gary that called so I feel his pain?
- 35:00Speaker 2: Yeah?
- 35:00Speaker 5: Yeah, And thank you for listening and thank you for
- 35:02Speaker 5: being a fan of that program. And we're in you know,
- 35:03Speaker 5: we're always listening and adapting. We had to try something
- 35:06Speaker 5: a little bit different this year just because of the
- 35:07Speaker 5: situation that we were in, and we're offloading some of
- 35:10Speaker 5: our coverage. We don't know what next year is want
- 35:11Speaker 5: to bring to us, but for this year, this is
- 35:13Speaker 5: what we had to do after you know, eleven years
- 35:15Speaker 5: of providing the service. But you were talking about the vaccines. Yeah,
- 35:18Speaker 5: back to that. So we have this.
- 35:22Speaker 3: We've got a court in Raleigh County. I think it's
- 35:26Speaker 3: Judge Frobele who entered a preliminary injunction which at least
- 35:29Speaker 3: applies to Raleigh County. So if you apply for religious
- 35:34Speaker 3: exemption for your child, you I presume the injunction says
- 35:40Speaker 3: you can. You can now attend public school without mandatory
- 35:44Speaker 3: or compulsory immunizations right now. Then you have two other
- 35:48Speaker 3: counties and I can't remember the counties who've ruled the
- 35:51Speaker 3: opposite way, And I thought, you know, well, Judge Froble
- 35:55Speaker 3: must be favoring the the governor's execscuative order, which overrides
- 36:02Speaker 3: what it tries to interpret a statute generally about religious
- 36:06Speaker 3: exercise of a religion and say it a Trump's The
- 36:09Speaker 3: more specific statute on compulsory immunizations in the state school
- 36:12Speaker 3: Board does not complying with or does disagrees and says
- 36:16Speaker 3: it has to go with the statute governing compulsory or
- 36:20Speaker 3: requiring compulsory immunizations. So we have these, but actually, Judge
- 36:24Speaker 3: Trobel said another hearing, and I think the court subpoened
- 36:29Speaker 3: one of the higher up government officials I can't remember
- 36:31Speaker 3: the Health and Human Services person, and wants them to
- 36:34Speaker 3: come and testify. And I realize why because when you
- 36:38Speaker 3: go and apply for your religious exemption under a religious
- 36:41Speaker 3: exemption statue referenced by the governor, all the applicant has
- 36:48Speaker 3: to provide is there the name date of birth of
- 36:51Speaker 3: the student requesting religious exemption, the name of the parent
- 36:55Speaker 3: of the guardian, the name of the school the child
- 36:59Speaker 3: should be enrolled in, and the mailing address of the
- 37:03Speaker 3: parent or guardian. So that's all you supply through this website.
- 37:07Speaker 3: So where is the religious part? And even in the
- 37:14Speaker 3: Governor's I guess letter proclamation of May ninth, it says
- 37:20Speaker 3: parents can seek a religious or philosophical exemption. So Judge
- 37:24Speaker 3: Frabel's hold in on that. He said, well, you know,
- 37:27Speaker 3: I'm trying to figure out whether these folks this law
- 37:30Speaker 3: about religion should exempt them from compulsory humanizations to attend
- 37:37Speaker 3: public or schools. And hold on, government, you've got questions
- 37:43Speaker 3: that don't have anything to do with that. You just
- 37:45Speaker 3: say you don't want to just by, and the law
- 37:48Speaker 3: the governor relies upon only applies to sincerely held practices,
- 37:54Speaker 3: sincerely held religions. So based on the poor things you
- 37:58Speaker 3: got to provide, it doesn't even if they witch religion
- 38:01Speaker 3: or why or anything. So I think Judge Froebel, even
- 38:04Speaker 3: though he granted that injunction, we'll see what happens. They've
- 38:06Speaker 3: got a hearing here in a couple weeks now. The
- 38:07Speaker 3: Attorney General has filed something trying to get the judge
- 38:10Speaker 3: to in essence, shifts it all to the Western Streme
- 38:14Speaker 3: Court and probably don't want to have that hearing, So
- 38:17Speaker 3: we'll monitor. I think it's October age or night, so
- 38:18Speaker 3: we'll watch that and do a little follow up afterward.
- 38:20Speaker 3: But but yeah, if you want to get ahold of
- 38:22Speaker 3: us at the office three oh four seven five five
- 38:24Speaker 3: five five five six, feel free to give us a
- 38:26Speaker 3: call or stop.
- 38:27Speaker 5: By at seven five five fifty five fifty six pathon
- 38:29Speaker 5: Law Firm dot com. Have a great day everyone. Dave
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- 38:33Speaker 5: the Voice of Charleston.
- 38:39Speaker 4: Fighting WCHSAM ety six point five that Charleston one oh
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- 38:47Speaker 2: We're proud to live here too,