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05-11-23 - Ask the Lawyer with Tom Peyton · Ask the Lawyer

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The views and opinions expressed on this program do not necessarily reflect the views and
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opinions of five AD wchs it's employees or w VRC Media. Put the power
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side, the power of basion. There we go. Okay, all right,
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here we go. All right, All my buttons weren't pushed. Good
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morning on five eighths the voice of Charleston Jeff Jenkins with you had a great
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intro too, so I had to repeat it. But good morning, Jeff
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Jenkins. Tom Peyton with the Peyton Law Firm in Nitro is with us,
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and Tom is ready to take your questions about the law three or four three
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four, five fifty eight fifty as we do every Thursday morning. Now approaching
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twenty five years, the Peyton Law Firm has been with us and you're looking
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to plug in over there. Yeah, I can't seem can you hear me?
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Yes? Okay? You here? Great? You sound great. I
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can't hear anything through my headphones because I don't have them plugged in, So
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that's okay, that's it. You think doing us twenty two years, I'd
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figure out plug my headphones in before we get started. But well we're in.
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We were in conversations, a conversation. But yeah, glad to glad
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have Tom here a getting the number to call three or four three four five
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fifty eight fifty eight three or four three four five fifty eight. Glad to
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be here on the radio. You know how you think about I have been
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doing this for twenty two I mean that we started ninety eight to ninety nine,
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but I was in law school. Now, how how quick did he
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put you on the air after well, I think it wasn't graduating from law
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school. But as soon as I passed the bar and gets you got sworn
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in. So the swearing in was like October and bam, I was on
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here like the next week. So I would not want to go back in
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the archives and try and see what I was talking about. It was probably
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a little nervy, but but yeah, you're doing it for twenty some years
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to get real comfortable, and so of course you do it all the time.
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But it's weird because in that kind of you think about what Bob Huggins
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did this week, you know, and it's like, well, and you
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know, I like to think the way I talk on the radio is probably
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similar the way I talk normally, not the same vernacular. And I'm not
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a I won't say I'm a person never says a curse word, which I
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would hope I wouldn't on the radio. But just you know, that's what's
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so unusual I found about it, you know, because Bob Huggins is you'd
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say, normally maybe the football coach, but with the st him out to
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near football. I mean, Bob Huggins is the face of the university period.
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I mean that's you know, nationally anyway. And uh gonna say how
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many radio and television interviews as Bob Huggins done every the years ten thousand or
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something. I mean, I found it. And just to you know,
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as comfortable as I am on the radio, if I accidentally said something I
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shouldn't say, which you know, like a cursewor or something like that,
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before that came out of my mouth, that would there would be a lot
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of I think hesitation like oh that was weird. And so it's just so
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odd that, you know, because no matter what his feelings are in his
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heart about certain things or prejudices or something, and we all have some prejudices,
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uh consciously and of course subconsciously. To let that spell out, I
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just find it almost suspicious, like how what was he? What was his
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state? Where was he? We really haven't heard those details, because it's
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just not I don't know Bob Huggins personally, and I don't know how he
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talks, you know, locker room talk or whatever. Obviously does some cursing
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because you can hear it on the side on the sideline, But but I
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don't know. I'm just kind of curious how that interview even came about,
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and because when you start listening to it, it's it's almost like a cold
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call to him or something. And h but the guy Bill Cunningham just say
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you're on the air. He did say that. You heard that? Yeah,
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I don't that's the interview reads like or listens like he didn't know he
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was on the air, right, And but he definitely was told he was
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on the air, and he knows who he's talking to, which is a
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radio guy anyway. So I I don't know, I just uh, I
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found a real odd the way that came out because I mean, certainly after
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he was contact did I assumed shortly after that interview he realized that, ups,
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I've made a booboo here, and from a legal point of view,
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let me ask you this and Tom Peyton's with us Peyton Mull Firm and Nitro
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and lines are open three or four three four five fifty fifty. He responded
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pretty quickly, right with his pology. And I'm sure they didn't hurt it.
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Yeah, right, no, And I think you know the And then
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you see, because I've been reading internet commentary, which is not a lot
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of times a reflection of the majority thought processes of the public. I don't
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think it's sometimes just the loudest are the ones who want to be heard.
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But you got, you know all about freedom. Of course, nobody's not
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going to be arrested by the government or anything for that type of speech.
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But you know, it's like anything else you and it's a little bit different
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for him because he is a public employee, but certainly with private employers and
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certain most things you say, if your employer doesn't like it, they can
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sanction it. Now, if you're a public employee, there's some extra protections
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because you know, you can't somebody says something politically that you dislike, you
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know, as the employer, if you're a public employer, there's some restrictions
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there, but certainly defamatory type. I'm sure as it was a defamatory statement,
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but the kind of things he said, it is certainly sanctionable by the
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employer. Now you can still say it, Nobody the governments will come in
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and musle you and say he can't say that. So he's he does have
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his First Amendment rights, but that doesn't protect you from employer consequences. And
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if you took the same thing that he did and apply it to probably most
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other public employees around the state, they would have had some consequences as well.
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So you know, it's not really a freedom of speech issue the way
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I see it. And then it just kind of you know, it was
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inappropriate to say for sure, Um I look at it as you know,
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first of all, the punishment, I thought it was about what I thought
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they would do. I thought they might suspend him first and more games.
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You noticed the three games, you know, they yes, they're allowing him
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to go to the Florida trip. The Florida trip where they've got games potentially
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against Virginia SMU and somebody else's pretty highly talented, So um, that was
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convenient. I mean, I don't I don't think. I think firing would
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have been way too far and uh but I thought they might have done a
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little a little more. But you know, it's it's not really the what
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he said to me. I think when you think about it, they targeted.
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It was a homophobic type slur, and it was also against Catholics too,
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which is a really large body of the populations. So it's not necessarily
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that he said it, you know, when you think about it, from
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those folks to him point if you can, I mean, I'm not Catholic
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and I'm not homosexual, So you know, when you're not the you know,
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when you talk about marginalized groups and you're not one of them, I
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think it's impossible. You can try and say, well, I know how
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you feel, but I don't you don't live it. So like if you're
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in an African American or something, I mean, I can never there's no
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way I can ever live in their skin and feel what they feel as a
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minority in this country. It's not possible. You try, I mean you
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try, but but you know the problem is that it's not what he said,
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it's that is that his underlying thought process and is that is he begoted,
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you know, or was he just having a bad day and spouted off
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and those aren't his true feelings. And that's I think the latter. You
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know about Bob Huggins from what I've seen from him over the years, But
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he's I mean, Bob Huggins is smart. Not because I know him,
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I don't remember. I think he did well in school, very well.
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Yeah, but you can just tell from his interviews he's got a quick wit.
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You know, he's sharp and uh and um, so I think I
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think he'll come through this and you know, that might be a bright spot
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moving forward if he you know, we'll see what Bob Pugins' attitude is on
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it. But you know, I think, uh, let's see how he
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handles it going forward. All his statements so far have been completely appropriate,
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not making excuses, not having a lawyer to talk for him and try and
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you know, spend it or anything like that. So I'm hoping and and
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there's pretty strong uh statement from the university too. I believe about you know,
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this happens again Yeah, they've drawn a line, you know, immediate
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firing. So and I think Bob Uggins won't let it happen again. And
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you know, if he goes back and listens to that himself, which obviously
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I'm sure he has and he's probably not probably ashamed of it, and I
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think that's what he said. So may this will be spun in a different
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way at this point and can turn around him and might be might not be
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a bad thing in the long run. You know, it just gives us
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the state again, because he's, at least sports wise, the face of
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the state, I think at this point. And it's kind of a shame
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that it does put a blemish on the state. But let me ask you
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this, Tom, and Tom Patin's with his Peton Law firm and Nitro three
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or four three four five fifty fifty eight number to call, three or four
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three four five fifty fifty lines are open. What do you make of And
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I think it's significant that his contract, now here's the stated term of his
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contract one year. That's what I wondered too, because you know, they're
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sanctioning him, but he's not a he's a contractual one. I mean,
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it's not like an at Well type employee where you just get paid by the
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hour. So I wondered how they were going to do the I mean,
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he's clearly consented to the sanction in relation to his pay right, and so
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what they did was is I understand that I haven't seen the new contract,
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but didn't they shifted it now to like a year to year, right,
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So maybe after a year they can go back and renegotiate and may get back
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where it was before this incident happened. But you know, I don't I
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don't know what his contract before he said that said about their ability to sanction
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him and probably gave us employer a lot of discretion from bad behavior like that,
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right, or what they perceived as bad behavior. So, Okay,
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we're gonna go with the lines and we're gonna listen. I know you can't
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hear, so we're gonna turn our mics off so we can hear. John,
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John, Okay, we're on the air. Go ahead, John,
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Good morning, Tom. I may be confused about this, but it was
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my understanding that the Supreme Court of West Virginia interpreted the Constitution to say that
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the governor to reside in the governor's manager this seat of government. It's clear
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that he does not do that. What part of what's branch from government is
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required to enforce that interpretation? Ranks JOHNA would turn you down, go ahead.
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Yeah, that's interesting. So that that was the Isaac's Spino Spinagal.
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Yeah, a member of the legislature filed that lawsuit. I think it was
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with Judge King at the time, Circuit judge and then about where the governor
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was living and you know, or where he resides I think is he has
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to reside at this government. And so then there was some I think the
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governor brought in some quote high powered lawyer from out of state to represent him
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in that case. And it went up to the judge King I think ruled
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in favor of the plaintiff and or at least said it needs to go on
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to have some discovery to see where he because where he's quote residing is a
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factual issue. And in the Western Spring Court clarified that. And then when
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it went back down to Circuit court to see what kind of resolution or what
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could be done, for example, at the second court level in relation to
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a governor who's not abiding by the constitution, then the case got resolved,
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and it was an agree a settlement agreement that required the governor to quote reside.
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There might be some other terms. I don't think I had, like
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a particular number of days or anything. I can't remember that, but if
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you recall me, he was basically the governor had made statements publicly essentially touting
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that he doesn't live in Charleston and why would I need to do that,
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and those kind of things. That's not verbatim, but something to that effect.
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And then now after the fact that you know, I think the plaintiff
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in that case threatened to go back and hold a governor justice and contempt or
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fill a reach a settlement agreement type case so he could enforce it. I
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think probably any citizen in West Virginia would have standing to file a lawsuit to
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enforce it ultimately. And I don't know this one hundred percent, but you
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know, if it's if he's continued to out the constitution and violate it,
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which I don't know whether it is or not. I mean, he spends
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a lot of time in Louisbourg, obviously, and so whether he's truly residing
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in at the state capitol, I don't know. I mean you figure there's
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logs or something where you can figure out where he is most of the time.
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But ultimately I guess it would be the legislature. I mean they could.
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That was the question, like, what do you do if he's not
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from a circuit court level, if he's in violation of a court order,
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I think he can be sanctioned and held in contempt. Probably that was one
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of the issues whether the judge could even do anything like that in that case.
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But if there's anything more than that, I believe it's you know,
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the legislature can start impeachment proceedings. They're not going to, so that's not
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going to happen. I don't think a citizen that's not as a member the
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legislature can make them do that. I'm not sure the z act process with
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a governor may be similar to the Supreme Court justices. Remember when we had
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the impeachment round up there, I don't know, five six, seven years
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ago, I guess so any citizen could probably file the same type action that
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was fouled before by mister Spinagle to enforce it. But there is a settlement
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agreement out there that I think involved the parties that were to that case,
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and mister Spinagle could always foul something. Again. I think at one point
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he threatened to file something and then it kind of faded away, and I'm
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not really sure why. I know there was substantial attorney fees paid to him
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for the work he did in that case, so he substantially prevailed in some
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form, But no, so I guess John, you know, a citizen
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could file something probably similar to what was foiled before. We now have some
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law that clarifies at least the legal standard for where the governor has to live,
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and that you're right, that was the Supreme Court's decision, but it
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never got to the point of what what would happen in the circuit court level
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if he's not living in the seat of not residing in the seat of government,
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because it just didn't get that far. They resolved the matter before then.
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So there's still a little gray area there about what can a circuit court
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even do I think contempt type proceedings if he's in violation. You know,
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if the judge enners in order and says, yes, you have to reside
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in the in the seat of government. Charleston, West Virginia, based on
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the facts established in this case, you have not been So can he order
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him to remember, sanction him for not doing it while he's still acting as
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governor, I mean, not moving back to us to Charleston when he's governor.
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Those are interesting legal questions. I don't know the answer too, because
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and it never played out. Yeah, And I think Judge King, you
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can struggle from the bench. I remember some of his comments from the church
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asking Spinagle, like, what are you expecting me to do? Yeah,
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I mean I can't. He can't impeach him. Yeah, But they're just
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I mean, just like anybody else. I mean, if there's a court
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order that says, you know, Jeff Jenkins to remove his fence because it's
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trespassing on Tom Peyton's property, and he refuses, well, then the judge
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can, I can follow a petition to hold you in contempt at the court
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order because you're violating it on purpose. And then there's a myriad of options
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there, you know, from fines to paying lawyers fees to posting a bond
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to ensure you'll you know, behave to jail ultimately. So I would just
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think the next governor's probably gonna live in the mansion. I would think so
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too, And really honestly, I thought it was a very difficult case when
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Spedagal filed it because it's so factually dependent. Mean, how can you turn
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where somebody's quote residing if they're back and forth within two hours of each other.
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I mean, does he have to stay so many The problem that I
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saw with it from the governor's standpoint, evidentially wise, was that he had
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basically said, I don't I don't live there. I don't need to live
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there, you know, as if it means I mean, maybe you don't
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need to to be the governor and operate properly, but that's what the constitution
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says, so you don't get to decide that, you know. That's the
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problem. I think he likes he's used to maybe getting his own way,
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I don't know, but that's Uh, it was an interesting issue. We'll
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see if it's probably not going to come up again because we're so he's near
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the end of his run as governor. But you know, anybody wants to
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take that on again, you just have to gather some evidence through fo you
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or something to see where he is all the time. Most of the time
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you can go make the same argument that mister Spinagle made. Yeah, I
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don't think that case precludes someone else from filing something if they wanted to,
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and then you know, to remove him because of it. You know,
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it is that an impeachable conduct? I don't know. I mean, obviously
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it's not. There's not there's no political yeah movement to do that, So
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that's not gonna happen. Right, We're gonna take our break. It's eight
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thirty nine, John, thanks for the call line. Drove three h four
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three four five fifty eight fifty eight three oh four three four or five fifty
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a fifty eight. We're back in a moment on five eight WCHS. If
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rights when you need action, count on us. What the power of patent
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on your side? The power of paton it's a forty two five eighths the
21:00
voice of Charleston. Tom Peyton's with us of the Payton Law Firm in Nitro
21:06
three oh four three four five fifty fifty eight. Three oh four three four
21:08
five fifty a fifty eight And we have a call from the callers identifying themselves
21:14
as miss p Okay. Go ahead, you're on the air with Tom.
21:17
Go ahead. Yeah. If you have two beneficiaries on your wheel and one
21:23
has passed away, what should you do? And does their next can become
21:29
their beneficiary in their place? Okay? It depends so certainly if it's you
21:34
look at the language of the will when I do wills. Ordinarily, unless
21:40
the client doesn't want to if you have a first layer of beneficiaries. Let's
21:45
say you're two kids are your beneficiaries, and your spouse has already passed away
21:49
or something, and then one of your children unfortunately passes away before you,
21:53
and the wills I draft I will have language in there that says what happens
21:59
if one of the your two children's passed away before you. And there's two
22:02
common ways that people usually set that up. Normally, you'll the most common,
22:08
I guess you would say, is for people to set it up quote
22:11
purse sturby, which is a Latin term. It means essentially inherit by representations,
22:15
so that if that child had children, they would take their parents' share.
22:19
So if you know, if one of the children passes away and they
22:22
had three kids, then those three kids would get their parents share. The
22:27
other fairly common way is just to revert it back to whichever child is still
22:32
living. So first you got to take a look at your will, and
22:36
if if you don't understand what the language says, then contact the attorney that
22:41
helped draft it, or if you can. It's hard for me to analyze
22:45
it if I can't see it, but if you could get it to me,
22:48
I'll be glad to tell you whether you need to take some action.
22:52
O now you go for you can always, of course change your will if
22:57
you have a different plan for where you want it to go because of beneficiaries
23:00
passed away, so you can do another will. The law does fill the
23:04
gap. So if if you have a beneficiary that passed away the legislature,
23:10
I mean, there's a in Western code it says where it will go,
23:15
and it just depends on the family situation and structure of who would inherit that
23:21
person's interest. And so it just depends on what first, what the wheel
23:26
says. Second, then it doesn't automatically lapse, for example, and just
23:33
go back into the pot. It It can actually go to that person's errors
23:38
under certain circumstances and who their errors are under the law. Just depends you
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have I'd have to know more information, but you can take care of that
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in the will language. Oh sure, yeah, that that can be addressed
23:49
in the will language. And that's what I was saying. The wheels I
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do certainly we go a second layer down just in case your initial set of
23:56
beneficiaries and it then pass away, So you don't when I do well It's
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like that, as long as your plan is still the same, you don't
24:03
need to do anything in relation to changing your will. It's already taken care
24:07
of. If it isn't taken care of, or it's now going to go
24:11
to someone that you would not want it to go to, then you just
24:15
go do another will and then you can take care of that. Okay,
24:19
that is you, miss Peas answer your question. Yes, and thank you
24:22
so much. And I have listened to you all every day. Well,
24:26
I appreciate that. Thank you. I appreciate that. Three or four three
24:29
four five fifty fifty eight three or four three four five fifty fifty Tom a
24:33
really interesting case in Putnam County where a body was exhumed in recent weeks and
24:41
for a guy that was that might be a perpetrator in a nineteen seventies rape
24:48
and murder, right, yeah, out of Cannon. Yeah, so that's
24:51
interesting. And I haven't done a exhumation. We also haven't had a case
24:56
where we had to do whatever, but somehow it runs through the prosecutors office
25:00
and I haven't seen the paperwork on this one. But yeah, there was
25:03
a there's somebody who was buried in Fraser's bottom, and they this cold case
25:11
rate from the from the seventies, I guess up in Canada somewhere. You
25:15
know, they they have clothing as I understand, and and that kind of
25:21
thing from the scene still and so you know, DNA ovis is advanced so
25:26
far that they've got I guess there must they've done some DNA testing and done
25:30
some profiles and figured that at least doesn't must have some mites to this,
25:34
right, and his brothers gave some DNA, right, Okay, so they
25:40
I guess you need to exhume him to get more specific DNA and see if
25:44
they can prove that he was the one that perpetrated the crime. So that's
25:48
interesting though. Yeah, but that's I think they already did that. I
25:52
mean, I think they got the order permitting the exhumation, so we'll see
25:56
how that. Yeah, they did, and they did the exclamation. So
25:57
they're now testing the rank the remains. He took them back to Canada.
26:02
Yeah, so they've got something up there in the clothing. You know,
26:06
it's amazing what they can do. I mean, a hair fiber. I
26:08
don't know about skin cells, but you know they can they can doesn't take
26:14
much these days. And I don't know about Bali fluid and thing because I
26:17
don't know the details of an underlying crime. It could be seeming blood,
26:22
you know. Hair. What was amazing to me is that he had never
26:25
given DNA, this guy so but somehow they were able to to do a
26:30
profile to to come up with a last name. M Yes, he might
26:37
be so somebody in his fan that that's what they could narrow it down to
26:41
a range, I guess, yeah, and then um get to his family
26:45
members. And these days, I mean just even a lot of people are
26:49
entering their DNA and national databases on these uh you know the ancestry, Yeah,
26:56
ancestry, and so that that's I don't know how that jobs with,
26:59
you know, the government being able to access that or somebody in Canada.
27:03
But yeah, there's a lot of people in databases. I mean, I've
27:06
heard multiple stories over the years about long lost siblings or relatives that you never
27:12
knew you had. But it proves it absolutely so some people are surprised,
27:18
Yeah, exactly. Yes, that's an interesting case. And so the next
27:22
step will be basically to find if this is a match. Yeah, and
27:25
we'll see. I mean, I assume it's just they seem pretty confident obvious.
27:27
Yeah, it sounds like it. And and it seems, um,
27:32
you know, the guy's already if he did the crime, he's already he's
27:36
doing the time. I guess, so, um, you know, but
27:38
it would give some certainly some clarity and maybe some final resolution to the family
27:45
members of the victim. I. Yeah, the mother is still living,
27:47
she's very elderly, Okay, of the of the little girl that was that
27:52
was the victim in this, Yeah, so give her a little bit of
27:53
closure. Yeah, I guess it's the primary point. Yeah, and close
27:57
the case so you don't have another cult it out there spending resources on it
28:02
when you could solve it. I know that this week in Thom's with this
28:06
Tim Peyton and Payton law from a Nitro three or four three four five fifty
28:08
fifty three or four three four five fifty fifty eight, we're coming up on
28:12
those deadlines. When you see the properties public publicize where they're taxes and yeah
28:22
on the pay tax yeah, so you know interesting so yeah, and that's
28:26
a you know, they changed the law last year on that too. It's
28:32
modified a bit. And I'm I've been paying a little bit of attention.
28:34
They did a big sale in Putnham County at the courthouse, so two or
28:37
three weeks ago or something. So it used to be doing every fall.
28:44
The sheriff would do it or somebody from the sheriff's department. Then there was
28:47
a and now I think it's I think it's all kind of controlled by the
28:51
State Auditor's office. I'm still trying to get through the weeds on it because
28:53
those statutes are not the clearest in the world, I would say so,
29:00
But yeah, now you can. I think it's a little quicker process.
29:03
But you know, if you get your property, if your property is quite
29:07
purchased at one of these back tax sales, you don't lose that. You
29:11
still have an opportunity to redeem it for back tax and feed some fees and
29:17
things like that. He used to take like eighteen months for the person who
29:22
bought the tax certificate at the sale to actually get a deed. Now I
29:26
think it's a much shorter time frame as I understand, maybe less than maybe
29:30
six months or something. If it's done properly, maybe a little longer than
29:34
that. So you do need to take action, but all is not lost
29:37
if you you know, if you had some financial issues or you've ever looked
29:41
at you can still go back and redeem it. Even though the sale has
29:44
occurred and somebody has purchased what I called it, the tax lean or tax
29:48
certificate. That's all they get. They don't get a deed. They've got
29:51
to do some other work first, and so you still have time to redeem
29:55
it at that point. But I think they they I'm not sure they're paying
29:59
it. Used to have to pay interest to to the purchaser of the tax
30:03
certificate, and there may be some interest to them, but I don't think
30:04
it's as high as it was before. It was like ten percent or something,
30:08
so folks would go buy those tax certificates and just treat it like an
30:11
investment. Well, if they redeem it, they're gonna at least get ten
30:14
percent on my money. I think they've either nullified that or reduced the rate.
30:19
But I'm not real familiar with it because it's just new and I haven't
30:23
had to deal with it very much yet. But but yeah, it's they're
30:29
doing sales now. I think they can do them fairly regular at the auditor's
30:33
discretion. Maybe, I'm not even sure there's a time a specific date set
30:37
for that. But before you try, you know, if your name was
30:38
in the paper and you hadn't pat your tax, you we're up there and
30:42
try and pay it before the end of October so it wouldn't be on the
30:45
auction block. And but that was not I mean it's you didn't lose your
30:51
property if it was auctioned off, you just having a buyer and you got
30:55
to pay more money to get it redeemed. So yeah, it's a good
31:00
I mean it can be. There's some companies out there from out of the
31:02
state. They send agents down, they just bid on all kinds of stuff
31:04
and then if they think it they finally they figure that's a junkie property.
31:07
They just let it go back again and figure costs of doing business. But
31:11
but yeah, if you do, and if you're on the other side and
31:14
you're buying property to tax sale, make sure you follow through and do it
31:18
right, because if you don't do the redemption notices correctly and all that.
31:21
I've had a client unfortunately who tried to do it himself and didn't notify all
31:27
the proper parties and didn't serve notice properly and lost his money. You don't
31:32
get your if you know it's the way the statute reads. Now, I
31:36
believe if you don't, and they give you a lot of leeway, I
31:38
mean, there's different opportunities to do it correctly. But if you go buy
31:42
properly to tax certificate sale and pay too grand for it and you don't do
31:47
the proper notices to redeem or service on the folks that are entitled to notice
31:52
to redeem within the timeframe, you forefoot the money you paid. You don't
31:56
get it. You don't get it back. So you know this person had
32:00
and it just depends on what you want to put into it. I mean,
32:04
if it's valuable property or important to you, you want to make sure
32:07
you get it done right. So you need to pay lawyers some money to
32:08
get you proper title search and make sure proper notice is done and then that
32:15
protection. Then ultimately, if you get a d that's a taxill purchaser,
32:20
you still have a little and there's still I think I think they changed it
32:22
to two years, what's three years after the deed were anybody that had was
32:25
entitled to notice to redeem, they can file a lawsuit to set aside your
32:30
deed saying they didn't get proper notice. I may not win that, and
32:35
if they win, they've got to pay everything back of course to get it
32:37
back into their name, but that causes them. Sometimes you can't get lenders
32:42
to loan your money on it, you know, for example, if it's
32:45
within that two or three year period when there's the potential a laws that could
32:49
be filed to set aside the deed, so it's it's interesting. And then
32:53
of course if you want to take affirmative action and you thought that you did
32:55
give everybody notice properly, you want to clarify it within that two or three
32:59
year you can follow lawsuit to quiet title and you join everybody that was entitled
33:04
to notice and trying to have the court declare that you did it correctly.
33:07
And then there's a court order entered that says, you know, nobody can
33:09
come back and see over this because Tom Peyton did this right and he's vested
33:15
in the property right now, he owns it, and that's it. And
33:16
then you can market it as good title basically and you go to sell it
33:22
or if you want to borrow against it. And it kind of just kind
33:24
of build off our conversation last week about abandoned houses. I mean, I
33:28
know a guy who his mother they were abandoned houses beside her, and she
33:34
tried. He's tried and tried and tried to get the city to do something,
33:37
and have the city to do something. They're solder to tax sale.
33:40
Somebody said, oh, I can fix them up, but then just let
33:44
them go back to the taxi, you know, And then so they stayed
33:46
abandon right or on my office that's boarded up. Yeah, And it went
33:52
up on the right auction block there a few weeks ago, and I had
33:57
somebody down at the yeah, trying bid on a little bit, and we
34:00
didn't. We didn't get it, but you know, the person knew bid
34:04
on it. I'm not sure they even knew what they were getting because they
34:07
then we saw him driving by later that day after they take a look at
34:10
it. So yeah, I'm not sure that they know what they're getting into
34:15
because you know, next thing city comes and condemns it and tears it down
34:19
or something, or you know, there could be new leans on it after
34:22
they get ownership. That then they've got to address. But it can be
34:28
I mean, it's interesting arena. I mean a lot of them are just
34:30
junkie properties. And that's why people don't pay the taxes on them. But
34:34
you know, if you get lucky and hit one right, certainly it can
34:38
be a good, good investment, but you got to do it correctly or
34:42
you're not going to get a good title ultimately and probably lose your money.
34:45
Right right, Tom Peyton and the Painting Law Firm in Nitro three or four
34:50
three four five fifty eight fifty eight, it's eight fifty six, couple of
34:53
minutes left in the show. And always Tom reminds us what the Peyton Law
34:58
Firm does. Yeah, so stuff we've talked about today, of course,
35:00
but really our bread and butter is civil litigation on the plantiff side. So
35:05
if we have an awful lot of autobile accident cases or issues where folks are
35:10
fighting against insurance companies are big business to because they've been hurt either physically or
35:16
financially in some way. And so that's and we do all those cases.
35:20
We're nearly on contendency fee. So if you just like all lawyers do,
35:23
really, so if you have an issue like that, don't hesitate to give
35:27
us a call. And we never charge to feel in those type issues.
35:30
First of all, we don't charge fees for initial consultations anyway by phone or
35:34
by email, And on injury type cases, we don't charge to feed unless
35:38
we win, and then it's just a percentage that comes out and then we
35:43
front the costs and things like that. But we also do a lot of
35:45
basic estate planning, a state litigation deeds will so scary disability. Do some
35:53
family law, not very much. If you have a question on it and
35:57
I'm available, I'll certainly try and give you some information. Can't promise I'll
36:00
take a case because I'd kind of like to keep a limited Caselet on family
36:04
law, some criminal defense. I got some criminal defense cases in like last
36:07
week after I left here, I went and did this. I came out
36:12
of a road rage incident. Yeah. Yeah, we were able to get
36:15
the case. We won. Case was dismissed. So the client was extremely
36:20
happy on that one because it was could have been pretty serious about the firearm
36:25
because my client was innocent and so things went the way they should have.
36:30
But do a little bit of criminal defense mostly can all puttingham. Don't do
36:32
any federal criminal defense, don't do bankruptcy, don't do income tax work.
36:36
But otherwise, if you have a question about something don't hesitate to. You
36:38
can send an email through our website at Peyton Law Firm dot com. You
36:43
can give us a call or you can stop by. If it's something that
36:45
we don't handle regularly, We've we've done this so long. We have colleagues,
36:52
lawyers that we can refer you to or something. And even if it's
36:54
early on, or you don't think you're hurt very bad, doesn't hurt to
36:58
give us a call, start that relation ship and maybe we can give you
37:00
some pointers on to do this, don't do this, or here's how this
37:02
works. And then you know, certainly, if it's something that that we
37:07
can help you with, we'd be glad to And all we can do is
37:09
ask you to consider us. I mean, we don't we do a lot
37:12
of radio advertising. Obviously, we get a lot of cases from referrals and
37:15
word of mouth. We don't do a bunch of I got a couple of
37:16
billboards. Act you're on the billboards. I've set. Yeah, I gotta
37:20
built a couple of billboards, but I'm not gonna have thousands of billboards or
37:22
thousands of TV commercials. That's just not the way we operate. We kind
37:27
of like to keep it. You know, we've got enough resources. We
37:30
think we can handle any case, and we can, and we do and
37:32
do it well. At the same time, we don't like to just make
37:37
people aren't a number to us. We don't turn them out. We don't
37:38
have thousands of so security cases. We got about fifteen or twenty and I
37:43
know what's going on and pretty much all of them, you know, And
37:45
so you get I think, better attention and personalized attention from our firm.
37:51
And that's not a criticism of anybody else. That's just the way we like
37:53
to offer it, all right, Tom Peyton and the Payton Law Firm nitro
37:57
that's Peyton Lol dot com, Peyton Hall Firm dot com. That's right,
38:00
Peytonhall Firm dot comer seven five five fifty five fifty six seven five five five
38:06
five five six Okay, Tom, appreciate it. Thanks all right, Tom
38:08
Peyton, and stay tuned. ABC News is next. This is five eighty
38:12
wc HS.