Latest / WCHS Network Podcasts / 03/20/2025 Ask the Lawyer with Tom Peyton

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03/20/2025 Ask the Lawyer with Tom Peyton · WCHS Network Podcasts

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Speaker 4: And you can put the power of patent on your
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Speaker 4: side this morning by giving us a call. Three zero
0:56
Speaker 4: four three four five fifty eight fifty eight. Let me
0:58
Speaker 4: get that number out one more town three four three
1:00
Speaker 4: four two eight one three one I still, I mean
1:02
Speaker 4: for twenty or for one hundred years, it's been the
1:04
Speaker 4: same number, and we're using the office line right now.
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Speaker 4: Threes are a four three four two eight one three one.
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Speaker 4: Threes are a four three four two eight one three one.
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Speaker 4: You can put the power of Tom Peyton on your side.
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Speaker 4: This morning, Tom Peyton is in the studio with U.
1:13
Speaker 4: How are you doing this morning, Tom Good?
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Speaker 6: Three four two eight one three one.
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Speaker 4: Three four two eight one three one anober you could
1:18
Speaker 4: get through for the for the office line. You also
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Speaker 4: text over your questions as well. We get those sometimes,
1:21
Speaker 4: especially for folks that like to remain more anonymous. You
1:24
Speaker 4: can text over your questions to three zero four nine,
1:26
Speaker 4: three five five zeros your eight Peyton mall from one line,
1:28
Speaker 4: Peytonlaw from dot com. P E y t oh And
1:30
Speaker 4: how are you doing today, Tom?
1:31
Speaker 7: I'm doing great, smooth getting here, just uh listening to
1:35
Speaker 7: the all the local new whs coming in about the
1:39
Speaker 7: uh NT double A brackets and I I fill out
1:43
Speaker 7: a couple just for fun and actually have Houston winning
1:47
Speaker 7: one in Alabama winning the other one.
1:49
Speaker 4: Oh nice, okay, a little all right?
1:52
Speaker 7: You know that way, if one of them makes it
1:54
Speaker 7: to the finals, then you you know, you can hope
1:57
Speaker 7: that maybe everybody else in your pull or most didn't
2:00
Speaker 7: pick those teams, you can pick up some points and win.
2:03
Speaker 7: But of course we've had the NC Double A and
2:05
Speaker 7: the news significantly here connected to some legal action or
2:09
Speaker 7: I guess I don't know if it's really legal action,
2:12
Speaker 7: but political talk connected with the law I think in
2:14
Speaker 7: some way.
2:15
Speaker 4: So it really just kind of a like a video
2:18
Speaker 4: memo or something.
2:19
Speaker 6: I don't know.
2:20
Speaker 7: Yeah, I of course, unlike everybody else that we have
2:25
Speaker 7: season tickets, and we contribute significantly to the Christian University
2:30
Speaker 7: for our tickets and have for a number of years,
2:32
Speaker 7: both football and basketball. And Dad's a big contributor to
2:35
Speaker 7: the university on many other fronts. And I really thought
2:40
Speaker 7: we'd get into the n CUAA Tournament. I thought the
2:43
Speaker 7: Colorado loss.
2:44
Speaker 6: Was really bad, but.
2:47
Speaker 7: We've kind of done that all year long, and I thought,
2:51
Speaker 7: what might hurt us? It's kind of like they say
2:53
Speaker 7: it doesn't, but what have you done for me lately?
2:57
Speaker 6: I think is a.
2:58
Speaker 7: Factor in this selection process, Meaning if you look back
3:03
Speaker 7: in the last two months of W's basketball wins, there
3:08
Speaker 7: really haven't been any of her ranked teams who had
3:11
Speaker 7: some really bad loss.
3:12
Speaker 4: Yeah. I mean during the conference season, they played eight
3:14
Speaker 4: under five hundred, you know, overall, you know, with all together,
3:17
Speaker 4: I think they started what were they twelve and two
3:20
Speaker 4: or something at one point.
3:21
Speaker 7: Yeah, and they had good wins, but you look back,
3:23
Speaker 7: like all, we beat Gonzaga when they were ranked three,
3:26
Speaker 7: Well then they they weren't ranked by the end of
3:28
Speaker 7: the season. Beat Arizona before we got into the conference
3:33
Speaker 7: in pre conference play and they were ranked top twenty.
3:37
Speaker 6: I think at the time. They weren't ranked by the
3:39
Speaker 6: end of the season.
3:41
Speaker 4: Even Kansas, you know, Kansas, it was a big win,
3:43
Speaker 4: and don't get on the road, that's still big.
3:45
Speaker 7: I think they were top ten. And we had some injuries.
3:48
Speaker 7: That was right after Tucker Derez was hurt and we
3:51
Speaker 7: had Hansbury, one of our other inside guys that's really good,
3:54
Speaker 7: was out and we went and beat them at Kansas,
3:57
Speaker 7: which we'd never done before, and so that was a
4:00
Speaker 7: big win. But then Kansas wasn't ranked in the season.
4:02
Speaker 7: So you had we beat out with State and when
4:05
Speaker 7: when of the better games I've ever seen at the
4:07
Speaker 7: call see and when they were ranked two, I think,
4:09
Speaker 7: But then and they're still ranked and they were still good,
4:12
Speaker 7: but they lost a few games after that, so they
4:14
Speaker 7: weren't a number two team by the end. So I
4:15
Speaker 7: think our resume got worse as the season went.
4:22
Speaker 6: By no fault of our own.
4:23
Speaker 7: Necessarily because the teams we beat that were highly ranked
4:25
Speaker 7: weren't highly ranked any longer by the end of the season.
4:28
Speaker 7: And you know, you say, well there were two and
4:30
Speaker 7: you beat them or three, But if they're not ranked
4:33
Speaker 7: at the end, then they just were overrated at.
4:35
Speaker 6: The beginning of the season. So that hurt us.
4:38
Speaker 7: But I thought we'd probably get in with a fifty,
4:41
Speaker 7: you know, an even record in the league. Colorado lost
4:44
Speaker 7: was bad, but I thought we'd sneak out least to
4:46
Speaker 7: play in game.
4:46
Speaker 4: And I think at Colorado lost was just a just
4:49
Speaker 4: a bad nail.
4:50
Speaker 6: It was.
4:50
Speaker 4: It was a bad loss against a bad team. And
4:53
Speaker 4: it seems like that the that the resume should have
4:54
Speaker 4: got to pass there. But like you said, what was
4:58
Speaker 4: what is the team done lately? In the n C
5:00
Speaker 4: tuple ways? I mean, it is a marketing. It is
5:02
Speaker 4: a business to some degree, you know, so when when
5:04
Speaker 4: it comes to it's not flipping a coin, you know,
5:06
Speaker 4: there's there's very deliberate agency made in these decisions.
5:09
Speaker 7: And that's right, and they don't have a I mean,
5:12
Speaker 7: like as I understand it, you know, like for example,
5:15
Speaker 7: like our high school football playoff ratings, who gets in?
5:19
Speaker 7: I mean, I think that's completely done with a formula.
5:22
Speaker 4: Yeah, but people get mad when when it's called a
5:24
Speaker 4: poll because it's not actually a pole. It is a
5:26
Speaker 4: formula that comes up with a.
5:27
Speaker 7: Yeah, so you can get into the program and see
5:30
Speaker 7: the factors. It's not what they do obviously for the
5:32
Speaker 7: NC double, A selection can be there's these different rating
5:35
Speaker 7: systems quad one, quad two, that kind of thing. But
5:38
Speaker 7: ultimately there's humans in a room. I mean in some
5:43
Speaker 7: format brainstorming where the public's not allowed in it. You can't,
5:47
Speaker 7: you don't. I mean there's no recordings or videos or
5:50
Speaker 7: broadcast of the of the selection, which that would be interesting.
5:53
Speaker 7: Why I'll let everybody see what you're talking about.
5:56
Speaker 4: Let mean a quick question about that because I'm kind
5:58
Speaker 4: of curious on this because a lot of people make
5:59
Speaker 4: a lot of believe they have a lot of rights
6:04
Speaker 4: or privileges when it comes to what the n C
6:05
Speaker 4: double A does as an entity that the NC double is.
6:09
Speaker 4: I mean, they share what they do. But if they
6:10
Speaker 4: didn't want to share anything, do they really.
6:12
Speaker 6: Even have to well, I mean it's a voluntary organization.
6:14
Speaker 4: Yes, I mean if they wanted to be like hey man,
6:16
Speaker 4: that's just the way it is.
6:17
Speaker 7: I mean they have a board, they vote on the rules,
6:19
Speaker 7: and you know, not that w couldn't just leave the
6:24
Speaker 7: n C Double A. I mean, they wouldn't have anywhere
6:26
Speaker 7: to go to play high end UH sporting events. But
6:29
Speaker 7: at the same time, it's a.
6:30
Speaker 6: It's a you know, the format going in and.
6:37
Speaker 7: You know, and in the end, I mean North Carolina
6:40
Speaker 7: got in over US and their their athletic director h.
6:46
Speaker 6: Was on the selection committee. Moye in the chair of
6:48
Speaker 6: the selection committee.
6:49
Speaker 7: And of course you know when you look into his contract,
6:52
Speaker 7: if their team is successful one of the factors being
6:56
Speaker 7: getting into the NC DOUBLEA tournament, he gets a bonus or.
6:59
Speaker 4: Oh for sure, yeah, very shady.
7:01
Speaker 7: Yeah well, I mean but is that not the same exactly,
7:06
Speaker 7: you know, type of contractual provision that most other ads
7:10
Speaker 7: have in schools that you know.
7:13
Speaker 4: Or broadly if you look at business just in general,
7:16
Speaker 4: just anything like that. I mean, it's unfortunate sometimes, but
7:20
Speaker 4: you know, it's a money making agency that's not beholden
7:22
Speaker 4: to public I mean the court of public opinion, sure,
7:25
Speaker 4: but not any legal precedent that makes them make a
7:28
Speaker 4: selection in any particular way. I mean, if they want
7:30
Speaker 4: to come up right out and say, hey, that dude
7:32
Speaker 4: was on the North Carolina board and he wanted to
7:34
Speaker 4: have North Carolina in. It would look bad, but there
7:37
Speaker 4: wouldn't be anything you could do about it.
7:38
Speaker 7: Well, there's nothing you can do about it now, So
7:40
Speaker 7: that's but you know, I was disappointed, sorely disappointed, still disappointed.
7:44
Speaker 7: I thought forty five days ago we were pretty much well.
7:49
Speaker 7: Sixty days ago before we started losing some games that
7:51
Speaker 7: we should be winning, thought we were pretty well locked
7:53
Speaker 7: for the NCBA.
7:54
Speaker 4: There was a legitimates the Year and Player of the
7:56
Speaker 4: Year in the Big Twelve coming out of WV.
7:58
Speaker 6: At one time, you feel bad about Juvon Smallman.
8:01
Speaker 7: He clearly carried the team most of the season and
8:03
Speaker 7: then never got to play at the NCAA tournament. Let's
8:06
Speaker 7: they change a rule in the offseason and give him
8:07
Speaker 7: another season of eligibility. Won't be at West Virginia. Probably
8:12
Speaker 7: he is able to come back. But but you know,
8:16
Speaker 7: as much disappointments as I felt, then I you know,
8:21
Speaker 7: it's just the way it is. And then you have
8:25
Speaker 7: the so then it becomes legal in a way because
8:27
Speaker 7: then we have Monday, we have a press conference with
8:30
Speaker 7: our governor and our Attorney general, with a podium with
8:36
Speaker 7: a placard stuck on the front of it NCAA, but
8:41
Speaker 7: then after each letter with National Corrupt Athletic Association, and
8:47
Speaker 7: I'm still trying to figure out what the point of
8:50
Speaker 7: the well, I know what the point of the press
8:52
Speaker 7: conference was is because both of those folks are politicians
8:56
Speaker 7: and they saw it something that they thought would resonate
9:00
Speaker 7: with constituents and they just do it. And uh, but
9:05
Speaker 7: you know, some this is robbery at the highest level,
9:08
Speaker 7: I think is what the governor said or something in
9:10
Speaker 7: the end when the press was to their credit, they
9:13
Speaker 7: did let press come live and ask questions under like
9:15
Speaker 7: our previous governor. You know, it's hard to figure out
9:18
Speaker 7: what they were really seeking. I mean they're not filing
9:21
Speaker 7: a lawsuit trying to get an injunction. I mean, if
9:24
Speaker 7: you I thought it was just didn't didn't help and
9:31
Speaker 7: made us look bad. And I think that's what we're
9:34
Speaker 7: seeing in commentary across the country. I mean, it should
9:38
Speaker 7: that kind of thing should be below us if they
9:41
Speaker 7: want to. I mean, we already know they they're telling
9:43
Speaker 7: us the criteria. Do I think the selection process is
9:48
Speaker 7: fair necessarily?
9:49
Speaker 4: No?
9:49
Speaker 7: I mean you know that the UNC Fellas says that
9:53
Speaker 7: he steps out of the room when they talk about
9:55
Speaker 7: North Carolina. But sure, there's like a dominant I mean,
10:00
Speaker 7: one has to be out for one to be in
10:02
Speaker 7: and so and I don't know how they if they
10:06
Speaker 7: do each team one at a time, but it has
10:08
Speaker 7: to be coordinated with others, because when you're determining whether
10:11
Speaker 7: a team deserves it by implication, it's whether others, I
10:16
Speaker 7: mean they got to displace somebody else. So if that
10:20
Speaker 7: North Carolina ad is in the in the conversation the
10:24
Speaker 7: entire time except for when they specifically expressly talk about
10:29
Speaker 7: un C, well he's still in the room when they're
10:32
Speaker 7: talking about West Virginia for example. So is he got
10:35
Speaker 7: to vote on that, and he knows, he knows there's
10:39
Speaker 7: two to four teams that North Carolina needs to jump
10:44
Speaker 7: to get into the ncuble A. So is he They've
10:48
Speaker 7: never said he was out of the room for those conversations,
10:51
Speaker 7: so he could vote WVU as the eightieth best team
10:57
Speaker 7: versus the thirty fifth best team. And it's it's exactly
11:01
Speaker 7: the same type of conflict of interest. But that is
11:04
Speaker 7: the format that all of the teams agreed to. Whether
11:11
Speaker 7: they liked it, or not. Some part of the NC
11:14
Speaker 7: double A set up allows that format to be known
11:17
Speaker 7: and voted on, and then we participate in the NC
11:21
Speaker 7: Double A program.
11:22
Speaker 6: So it's you know, it's not really a.
11:26
Speaker 7: I guess from a legal standpoint, we have the Attorney
11:28
Speaker 7: general there, you know, at Tourney General McCuskey reference.
11:33
Speaker 6: What are you seeking?
11:34
Speaker 7: Well, we just need to know objective criteria because there's
11:36
Speaker 7: so much money on the line here. We need to
11:38
Speaker 7: know what we need to do with our schedule to
11:40
Speaker 7: you know, I guess craft it so you can get
11:42
Speaker 7: into the tournament. But I mean that's not real hard
11:46
Speaker 7: to figure out. I mean, you just win a couple
11:48
Speaker 7: more games and you'd be in the tournament.
11:50
Speaker 4: A couple more.
11:50
Speaker 6: How are you going to modify your schedule?
11:51
Speaker 7: You can't modify the You already played what you thought
11:54
Speaker 7: were really difficult games against high ranked teams pre conference
11:59
Speaker 7: and in your conference schedules pretty much set. So I
12:02
Speaker 7: don't I don't really understand what they're looking for there.
12:05
Speaker 7: From a legal standpoint, there hasn't been anything filed. There's
12:08
Speaker 7: not going to be now if you give them the benefit,
12:11
Speaker 7: I mean, I guess if hesitate to even say it,
12:14
Speaker 7: But I mean if, yeah, if there was bribery or
12:18
Speaker 7: something going on. I mean not write bribery in the
12:20
Speaker 7: committee and somebody's paying somebody uh to throw votes one
12:25
Speaker 7: way or another.
12:25
Speaker 6: But there's no evidence of that, and.
12:28
Speaker 4: How could there be. I mean, it would be very difficult.
12:29
Speaker 7: To be difficult to establish without giant, well long term
12:34
Speaker 7: like FBI type lead investigation where people are wearing wires
12:38
Speaker 7: and tracking bank accounts and things like that. We don't
12:40
Speaker 7: have the and and you know subpoenas. You know that
12:47
Speaker 7: work gets thrown around a lot. So you know, I,
12:50
Speaker 7: as a lawyer just can't go issue a subpoena because
12:53
Speaker 7: I want to get access to some documents or some information.
12:57
Speaker 7: There has to be a case filed normally, So if
12:59
Speaker 7: I have a simple case, I can issue a subpoena.
13:02
Speaker 7: I can subpoenas someone to show up, for example, my
13:05
Speaker 7: office and testify under oath in a case. I can
13:07
Speaker 7: subpoena individuals or entities like corporations to produce documents to
13:13
Speaker 7: my office if there's a case pending and if it
13:17
Speaker 7: has a connection to the case. If you're just out
13:19
Speaker 7: there issuing subpoenas because you're curious about things, then the
13:25
Speaker 7: people that are served the subpoena that are supposed to
13:28
Speaker 7: produce documents or appear to testify, you know, they have
13:30
Speaker 7: an opportunity to challenge that.
13:32
Speaker 6: And quash it in court. But I oftentimes have folks
13:37
Speaker 6: call momfic.
13:37
Speaker 7: So what somebody at the courthouse or Joe Blow told
13:41
Speaker 7: me that, you know, we just need a suboena to
13:43
Speaker 7: get access to this, Like, well, I can't just issue
13:45
Speaker 7: a subpoena, there's no case pending. Go to the magic boxing, sure, right,
13:49
Speaker 7: and and and so. But where I was going with
13:52
Speaker 7: that is there there is some The Attorney General in
13:56
Speaker 7: West mean does have some inherent authority. I mean they
13:58
Speaker 7: can they can issue subpoena is without a pending case
14:01
Speaker 7: as a part of their investigation. Now, my experience with
14:05
Speaker 7: that has been more in the consumer protection area, where
14:09
Speaker 7: they see a problem with price gouging or something like that.
14:14
Speaker 7: They can issue subpoenas to a business that they think
14:18
Speaker 7: is conducting price gouging, for example, and ask them to
14:21
Speaker 7: produce business records.
14:23
Speaker 6: And then now at the same time, if that business owner.
14:30
Speaker 7: Doesn't think there's a good cause for that subpoena, they
14:32
Speaker 7: still have they can challenge it and then go to
14:34
Speaker 7: court and challenge it. But so I'm kind of trying
14:39
Speaker 7: in my mind to give the our officials the benefit
14:42
Speaker 7: of doubt. How would that work in this nc double
14:44
Speaker 7: A thing? And the problem is, you know, I don't
14:46
Speaker 7: think our attorney general most likely wouldn't have jurisdiction to
14:51
Speaker 7: issue subpoenas and make the nc double A produce documents.
14:55
Speaker 7: For example, I guess our attorney general could issue a
14:58
Speaker 7: subpoena and demand the production you know, of any notes
15:01
Speaker 7: used in the deliberative process and recordings or raw data
15:06
Speaker 7: to show who voted on which team and what rank
15:09
Speaker 7: during the NCAA selection committee. But I think they would
15:12
Speaker 7: have a problem with jurisdiction there because it's not based
15:15
Speaker 7: in West Virginia. And then of course the NCUBA would
15:20
Speaker 7: not seed to the subpoena. I mean, they would challenge
15:22
Speaker 7: it in court, and there has to be some probable cause,
15:26
Speaker 7: I mean, some evidence for legal grounds for needing that information,
15:31
Speaker 7: not just wanting it. So I think that one will
15:34
Speaker 7: just fade away probably and it's mostly political grandstanding and
15:40
Speaker 7: in my opinion, but.
15:42
Speaker 4: Too quick observations about that real quick. First of all,
15:45
Speaker 4: NCUBA is an organization. We're talking about an organization in
15:47
Speaker 4: the pre times before Nile and all that stuff through
15:49
Speaker 4: their entire rules enforcement weight behind like kids signing autographs
15:54
Speaker 4: to get money or somebody got a free uber on
15:57
Speaker 4: campus while letting the SEC run them up with paying
16:00
Speaker 4: players under the table. That was not a very well
16:03
Speaker 4: hidden secret. So to say that there's something a little
16:05
Speaker 4: hanky under the hood of the organization, you think, yeah.
16:10
Speaker 7: And there's there's wind under the sales for claims against
16:14
Speaker 7: the NC double A because based on anti trust laws
16:17
Speaker 7: and economic type cases where you know, student athletes were
16:25
Speaker 7: just grossly exploited for their work over the years by
16:30
Speaker 7: that organization and and the courts have struck that process down.
16:35
Speaker 6: And then you have the.
16:37
Speaker 7: Same type legal theories going over to the rules that
16:41
Speaker 7: limited an athlete from transferring from one university the other.
16:45
Speaker 7: So there's there's legs there for these cases and that
16:49
Speaker 7: you know the threat of litigation and because there's been
16:53
Speaker 7: success with that type litigation. Uh and you even I
16:57
Speaker 7: mean Governor Morrisey referenced the the battle or the issue
17:01
Speaker 7: last year with our player raekwon battle about his eligibility
17:05
Speaker 7: issues and eventually became eligible. That was based on you know,
17:10
Speaker 7: the fight was against the NC Double A because they
17:12
Speaker 7: made a decision that he couldn't it was somewhat discretionary
17:15
Speaker 7: that he couldn't play. Yeah, and there's been a lot
17:18
Speaker 7: of success in those challenges to the n C Double A,
17:22
Speaker 7: but the Devil's and the details and this is just
17:26
Speaker 7: a completely different scenario. So to try and group those together,
17:30
Speaker 7: I think was it's nice because it shows that you're
17:35
Speaker 7: trying to you're trying to analogize the current situation with
17:39
Speaker 7: what happened last year and maybe the n I L
17:41
Speaker 7: s u as AH in the bigger picture, but they're
17:45
Speaker 7: just not the same. So I think that one's going
17:47
Speaker 7: to just go away. And and you know, if you look,
17:52
Speaker 7: if you read the National Pundit, sports guys and otherwise,
17:58
Speaker 7: you know it's just.
17:59
Speaker 4: Step nigs Smith absolutely went yees. I mean, that's what
18:02
Speaker 4: he does, that's his thing, but he went pretty hardcore
18:05
Speaker 4: on it. Take a break here in a minute and
18:06
Speaker 4: we'll reset, come back and talk about what the Peyton
18:08
Speaker 4: law from can do to you and talk talk about
18:11
Speaker 4: the law of how it could apply to you. If
18:12
Speaker 4: you want to give us a call this morning. Wrap
18:14
Speaker 4: up the conversation just briefly, and this has nothing to
18:16
Speaker 4: do directly with Attorney General McCuskey. It's the nature of
18:20
Speaker 4: the job now. So I'm more talking about the long
18:22
Speaker 4: bend of the attorney general role in states. And I
18:26
Speaker 4: don't mean even specifically West Virginia. But one thing that
18:28
Speaker 4: I've noticed. I used to do a show with Attorney
18:30
Speaker 4: General through ARP, so ARP would come in, Attorney General
18:33
Speaker 4: will come in. We've talked about things that were problematic
18:36
Speaker 4: to consumers, fraud against seniors, different things along those lines.
18:40
Speaker 4: I always found them massively productive shows. I thought that
18:43
Speaker 4: it was doing the good work of the people, you know,
18:44
Speaker 4: making sure that we're protecting people from fraud claims, that
18:47
Speaker 4: we're protecting consumers against bad actors, and things along those lines.
18:51
Speaker 4: It seems to me, just an observation, in the last
18:55
Speaker 4: ten years or so, the roles of the Attorney's General
18:57
Speaker 4: have gotten way different. There's a lot more national, like
19:01
Speaker 4: Attorney's general banding together to do this and banning together
19:04
Speaker 4: to do that, and issuing memos together and different stuff
19:07
Speaker 4: like that. It seems like the scope has become way
19:09
Speaker 4: more national than.
19:11
Speaker 7: Just us a lot of political symbolism, but you know not.
19:15
Speaker 7: I don't know whose idea it was to do the
19:17
Speaker 7: press conference Monday.
19:18
Speaker 4: You don't even mean that specifically. I just mean over
19:20
Speaker 4: the course of time. It seems like there's been so
19:22
Speaker 4: much more of that over the last.
19:25
Speaker 7: You know, in our Attorney General's office has been pretty good,
19:28
Speaker 7: at least since the last twenty some years I've been
19:30
Speaker 7: practicing while on the Consumer Protection Division.
19:32
Speaker 6: I mean they're pretty active.
19:33
Speaker 7: I think there's still I regularly if if folks have
19:35
Speaker 7: a real small problem and need a you know, a
19:38
Speaker 7: consumer issue resolved, but maybe they that's the good work,
19:42
Speaker 7: not a case where they can hire a private lawyer.
19:44
Speaker 7: I regularly refer them to the Turn General's office. They'll
19:48
Speaker 7: often file lawsuits, but they'll they'll try a mediators see
19:51
Speaker 7: if there's a way to work out a consumer situation.
19:54
Speaker 7: And I do have lawyers there that know what they're
19:56
Speaker 7: doing and are exploienced in that.
19:57
Speaker 6: Realm and so.
19:59
Speaker 7: But at the same time, and I think, going back
20:01
Speaker 7: to what you're referencing, I mean, ultimately the Attorney General,
20:06
Speaker 7: in my experience, is a lot of times administrative versus
20:10
Speaker 7: going into courts and actually actively litigated.
20:12
Speaker 6: The CEO of a deputy attorney generals.
20:14
Speaker 7: That do a lot of a lot of the a
20:16
Speaker 7: lot of the actual legal work. I mean, the ultimately
20:20
Speaker 7: the attorney general is a is a political position, and
20:22
Speaker 7: so that's where you get joining some of these lawsuits
20:28
Speaker 7: where they joined with other attorney generals from states that
20:32
Speaker 7: lean a certain way politically just.
20:33
Speaker 6: To join in.
20:35
Speaker 7: And I think that's what we're seeing a lot lately,
20:38
Speaker 7: which is what you're referencing. It's, you know, you get
20:41
Speaker 7: a headline that you've out in the way that you
20:46
Speaker 7: know you that helps you politically. Then you claim that
20:50
Speaker 7: you were a key call in getting that accomplished, and
20:54
Speaker 7: maybe you were, maybe you weren't.
20:56
Speaker 4: Makes sense, just a strange and I'm not always down
20:59
Speaker 4: into that sort of thing. There's just observation over time
21:00
Speaker 4: because I used to really enjoy those programs because I
21:02
Speaker 4: thought it was I really felt like I did a
21:04
Speaker 4: community service. After that, we're talking about all these things
21:06
Speaker 4: that are affecting people and getting that stuff out there.
21:09
Speaker 4: The work is probably still being done, but I think
21:10
Speaker 4: that maybe access of people knowing exactly how to get
21:14
Speaker 4: to that work and those things being done, maybe they
21:16
Speaker 4: should know more about it. What the government's doing for
21:18
Speaker 4: him because that stuff is hard work. Like you say,
21:20
Speaker 4: that's that's good work for the people that folks should
21:22
Speaker 4: know about. Let's take a break when we come back.
21:24
Speaker 4: There's play stuff that I'm sure that you want to
21:26
Speaker 4: talk to Tom about. If you have any questions about
21:27
Speaker 4: the law, how you can put the Paytent Law Firm
21:29
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21:31
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21:40
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21:42
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21:44
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23:19
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23:21
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23:35
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23:37
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23:40
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23:49
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23:58
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24:01
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24:03
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24:05
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24:07
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24:11
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24:13
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24:16
Speaker 7: the staff or issue and they'll convey it to me, Hey,
24:18
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24:18
Speaker 4: We do have a phone call then, as I called
24:19
Speaker 4: it in this morning to talk to Tom, put the
24:21
Speaker 4: power peating on their side this morning, Good morning, call it.
24:23
Speaker 4: What's your first thing, hey, Pat, what's your question for Tom?
24:28
Speaker 5: All my piece of property that has a lot of
24:32
Speaker 5: errors undivided interest situation. Is it possible to separate for
24:40
Speaker 5: tax purposes to property out with a percentage share, like
24:46
Speaker 5: to do for oil and gas rights.
24:49
Speaker 6: I think I've seen it.
24:52
Speaker 7: So let's take your example so to understand, So you
24:55
Speaker 7: got a property in airship, and let's let's assume that
24:59
Speaker 7: the the states have been done properly over the years,
25:02
Speaker 7: so you know who the different owners are. Now, that
25:05
Speaker 7: would probably be an exception to the lot of ones
25:08
Speaker 7: I see where maybe over a number of generations there's
25:11
Speaker 7: not been proper a state work done. Everybody just assumes X,
25:16
Speaker 7: Y and Z and then other relatives own it, but
25:18
Speaker 7: there's not proper paperwork done to show title in those people.
25:23
Speaker 7: But if you have documentation through the estate process, like
25:27
Speaker 7: each person that's passed away has had their estate administered properly,
25:31
Speaker 7: and the paperwork has filed in the county where the
25:34
Speaker 7: property is located. I think you can go to the
25:38
Speaker 7: assessor and or the sheriff's tax department and ask them
25:44
Speaker 7: to For example, if you have a ten percent fractional
25:50
Speaker 7: interests one tenth, then I think they'll divide out those
25:56
Speaker 7: interests on a tax ticket.
25:58
Speaker 6: But I don't because I've seen it.
26:00
Speaker 7: But I don't know the process unfortunately, or what what
26:04
Speaker 7: you need to do other than talking to them to
26:07
Speaker 7: get that done. I think to get that done, I
26:11
Speaker 7: thought you have to have some pretty solid documentation of
26:15
Speaker 7: who the fractional interest owners are. Otherwise they normally send
26:18
Speaker 7: what normally happens is and what's probably happened in your situation,
26:20
Speaker 7: they won't. It'll just say the estate of and it
26:23
Speaker 7: might be somebody on the tax ticket. It might be
26:25
Speaker 7: somebody that passed away thirty years ago. It's the estate
26:29
Speaker 7: of and it just never gets changed, or it might
26:31
Speaker 7: be one of the errors with you'll see et al
26:36
Speaker 7: after the name, which that just means and others. So
26:39
Speaker 7: then they know there's multiple owners, but they haven't divided
26:42
Speaker 7: the tax ticket up into fractional interest. Then somebody gets
26:46
Speaker 7: it and one of the owners or airrors that cares
26:49
Speaker 7: about is the one that pays the tax bill every year,
26:51
Speaker 7: and yeah, they shouldn't. I mean, it should be divvied
26:54
Speaker 7: up between all the owners if they want to maintain
26:57
Speaker 7: their interest in the property. But they're you know, somebody's
27:00
Speaker 7: got to take the bull by the horns and pay
27:02
Speaker 7: that tax ticket or else will gout for a tax sale.
27:06
Speaker 7: And so that's what I see a lot. I mean
27:09
Speaker 7: the remedy it would be to you know, go if
27:12
Speaker 7: you pay a hundred percent, but you should have only
27:14
Speaker 7: been paying ten percent. It should be pro rated between everybody,
27:17
Speaker 7: but that would take a lawsuit to do that if
27:19
Speaker 7: people aren't contributing voluntarily in essence. And so I have
27:26
Speaker 7: cases where you don't, you know, folks assume who the
27:29
Speaker 7: percentage of owners are or who all the owners are,
27:31
Speaker 7: and then they're wrong and things haven't been done. You
27:33
Speaker 7: see that a lot where if you get a bar
27:36
Speaker 7: against property or sell it, these issues come to fruition
27:38
Speaker 7: because somebody does a title search and figures out the ownership.
27:42
Speaker 6: If you know, you got a couple of family.
27:45
Speaker 7: Members that just live on the property and nobody cares
27:48
Speaker 7: where they go, and then everybody else just kind of
27:50
Speaker 7: visits from ton to time to camp or hunt, and
27:51
Speaker 7: those are the things that drag on sometimes through generations
27:55
Speaker 7: because there's never any real need or gumption to figure
27:59
Speaker 7: it out out. But you don't know if i'd answers
28:03
Speaker 7: your question, I guess I don't know ultimately whether the
28:06
Speaker 7: assessor is required to do that. I think if you
28:08
Speaker 7: had good evidence that who the different owners are, it's
28:13
Speaker 7: worth contacting the assessor and see so that that way,
28:16
Speaker 7: you know if your if your fractional share, which it
28:18
Speaker 7: does happen with mental interests all the time because they're
28:21
Speaker 7: you know that you get a tax ticket for your
28:24
Speaker 7: small percentage of ownership in the in the mental interests uh,
28:28
Speaker 7: versus getting one tax ticket that has to be divided
28:31
Speaker 7: between who knows how many people on your own Uh.
28:36
Speaker 7: But you know, if you had a one tenth interest
28:39
Speaker 7: in the surface, and they've segregated the tax tickets to
28:42
Speaker 7: pre rate it between all the true owners. Uh, then
28:45
Speaker 7: if if you don't pay your portion, or if you
28:48
Speaker 7: pay your portion of the tax, you don't have to
28:50
Speaker 7: worry at being about it being sold out of tax
28:52
Speaker 7: sale the other interests would be. So that's the benefit
28:56
Speaker 7: of doing it that way. At the same time, you know,
29:00
Speaker 7: anybody can bid on property out of tax sale, so
29:02
Speaker 7: you may not stay within the family if you only
29:06
Speaker 7: pay your fractional interest and the other ones go to
29:08
Speaker 7: linkuent for tax purposes.
29:12
Speaker 5: It's a the process to do that. I've got a
29:15
Speaker 5: clear deed will deal with that clearly separates my part
29:22
Speaker 5: of that.
29:23
Speaker 6: Yeah.
29:24
Speaker 7: Sure, so if you have a if it's if it's
29:26
Speaker 7: not that complay. I mean, I've had cases where you have,
29:28
Speaker 7: you know, tens and tens of owners and it's really
29:30
Speaker 7: hard and you can't find people.
29:32
Speaker 6: And things like that.
29:32
Speaker 7: But if you have a basic case where let's say
29:35
Speaker 7: somebody passes away, the will says I hereby divide all
29:40
Speaker 7: my real property and equal shares between five different people,
29:44
Speaker 7: and that is uh, you know, admitted to probate. The
29:48
Speaker 7: property interest is listed in the probate forms, and then
29:52
Speaker 7: the estate closes. That will in essence serves as the
29:56
Speaker 7: same purpose as a deed. So you can take that
29:58
Speaker 7: documentation to the assessor or the sheriff's tax department and
30:04
Speaker 7: ask them to one you know, it really should be
30:09
Speaker 7: the tax ticket should be updated to reflect the true
30:12
Speaker 7: owners at that point, which when my scenario would be
30:13
Speaker 7: the five people, and then you can ask that they,
30:17
Speaker 7: you know, subdivide the tax ticket between all the individual owners,
30:22
Speaker 7: which is what is in the will. Now, a lot
30:24
Speaker 7: of times people came off and say the courthouse told
30:26
Speaker 7: them I need a deed in that scenario. You don't
30:30
Speaker 7: need a deed in that scenario. The will basically serves
30:32
Speaker 7: as the instrument that conveys title to the heirs, and
30:36
Speaker 7: there's documentation if it's done correctly, the same place where
30:39
Speaker 7: deeds are recorded. It's all public record to show that
30:42
Speaker 7: you and the other folks who inherited that interest are
30:46
Speaker 7: all the owners.
30:46
Speaker 6: You don't need a need.
30:48
Speaker 7: There's exceptions, I mean, if you have a I have
30:50
Speaker 7: one right now where somebody hand wrote their own will,
30:52
Speaker 7: which I discourage, and they tried to subdivide their land
30:57
Speaker 7: in their will, but they didn't use legal descriptions as
31:00
Speaker 7: they talked about monuments they were familiar with that are
31:05
Speaker 7: too general to tell exactly where the line is supposed
31:07
Speaker 7: to be. Now, person A will say, well, I know
31:09
Speaker 7: he meant the line was to be here, with the
31:12
Speaker 7: person B says, well, I know he meant the line
31:14
Speaker 7: to be here, because this is the noll he was
31:16
Speaker 7: talking about, and this is the creek he was talking about.
31:18
Speaker 7: So in that situation, if everybody will agree, it's good
31:21
Speaker 7: to get a deed done. That way, you can slidify
31:23
Speaker 7: all the boundaries and it's set in stone going forward.
31:27
Speaker 7: But otherwise, a will works as the document that conveys
31:31
Speaker 7: ownership to all the airs. So yeah, you should be
31:33
Speaker 7: able to take a copy of the will over to
31:36
Speaker 7: the assessor and maybe some of the other documents that
31:38
Speaker 7: were filed. And if it's an A county, it's right
31:40
Speaker 7: across in same building, same way in Putnam, and see
31:46
Speaker 7: if they'll one day ought to read you the tax ticket.
31:50
Speaker 7: So it's not in a deceased person's name anymore. It
31:52
Speaker 7: should be at a minimum in the name of all
31:54
Speaker 7: the heirs in the estate too. You can ask if
31:58
Speaker 7: they'll segregate it and send you your own tax ticket
32:00
Speaker 7: based on your fractional interest in the property.
32:07
Speaker 5: Okay, all right, thank you.
32:09
Speaker 4: Very much, appreciate your phone call. Thanks for calling in
32:11
Speaker 4: this morning. I think we had a caller that was
32:13
Speaker 4: on hold that dropped off. If you want to give
32:14
Speaker 4: a call back, you're more welcome to do that now.
32:15
Speaker 4: Threes are a four three four. Threes are a four
32:17
Speaker 4: three four two eight one three one threes are A
32:19
Speaker 4: four three four two eight one three one. Have about
32:20
Speaker 4: five minutes left before we I'll call it four minutes
32:22
Speaker 4: before we have to leave the airways this morning, so
32:24
Speaker 4: we can get another quick call if you give us
32:25
Speaker 4: a call right now.
32:26
Speaker 6: Yeah, interesting issue. That's you know what we do.
32:29
Speaker 7: Of course, we do kind of our bread and butter
32:31
Speaker 7: civil litigation, trial work, whether it's uh, we do a
32:35
Speaker 7: lot of injury work people that have physical injuries as
32:39
Speaker 7: regarding or rising from accidents, car wrecks, falls. We also
32:45
Speaker 7: do a lot of civil litigation where people have been
32:48
Speaker 7: financially harmed, maybe they can't get an insurance company to
32:50
Speaker 7: pay their claim, something like that.
32:52
Speaker 6: We do so security disability.
32:54
Speaker 7: At the same time, as far as civil litigation, you know,
32:58
Speaker 7: we we don't limit ourselves a whole lot, and so
33:01
Speaker 7: we do some proper litigation, the state litigation, things like that.
33:06
Speaker 7: So the call we just had is similar to calls
33:09
Speaker 7: we take every day, and it's a common problem. Like
33:13
Speaker 7: you know, he may get maybe the caller is the
33:16
Speaker 7: one that cares about the property the most. Everybody else
33:19
Speaker 7: lives out of state, et cetera. Well he's got to
33:21
Speaker 7: go around if the taxi comes in one one deal
33:24
Speaker 7: and he either pays it or he's got to convince
33:27
Speaker 7: everybody else to contribute and then make the payment on
33:29
Speaker 7: their behalf.
33:30
Speaker 6: And that's tough. H Yeah, it's problem.
33:32
Speaker 7: And then you know, if you have joint owners, because
33:34
Speaker 7: they all own an interest in the whole thing, if
33:37
Speaker 7: it just says all my land goes to these four
33:39
Speaker 7: different people, then if you can't get along, then you've
33:42
Speaker 7: got to go to court.
33:43
Speaker 4: We got a call, yep, we've got a caller back on.
33:45
Speaker 4: Go ahead and come on the air this morning. Caller,
33:46
Speaker 4: what's your for saying? Hey, Eddie, what's your call? What's
33:50
Speaker 4: your question for Tom?
33:51
Speaker 2: Hey?
33:52
Speaker 10: Since he's talking about property and all this stuff, I
33:55
Speaker 10: gots you thinking about the it's and how they abandoned
34:01
Speaker 10: that railroad. It goes from the boulevard all the way
34:04
Speaker 10: back to the tunnel at Florida Street where you used
34:07
Speaker 10: to it, tally him. But it had a huge fire
34:11
Speaker 10: and the city is trying to get a four you
34:14
Speaker 10: request now from the fire marshal, and they took pictures
34:18
Speaker 10: of like the siding on the side of my house melted,
34:22
Speaker 10: all the siding off the side of my house, and
34:24
Speaker 10: he took pictures of it all that night, and I
34:27
Speaker 10: can't get nobody. They can't find out who owns that
34:32
Speaker 10: property nobody. I mean, it's an environmental nightmare. I found
34:37
Speaker 10: out because all the kreathod had soaked in the ground
34:40
Speaker 10: back through there is the only reason I hadn't been
34:43
Speaker 10: torn down. It'd be like a thirty to forty million
34:46
Speaker 10: dollar project. I've tried to I've had to research all
34:50
Speaker 10: this my stuff. I can't get nobody lawyers to take
34:54
Speaker 10: my case anyway. But the how are they allowed to
34:58
Speaker 10: just abandon it and it kisses on fire and does damage?
35:04
Speaker 10: How were they not liable for it?
35:06
Speaker 7: I mean, well, no, it's difficult for me. First of all,
35:10
Speaker 7: I think you were a reference. You didn't know who
35:12
Speaker 7: owned it. And certainly if there's an owner of property,
35:17
Speaker 7: I mean it's very general state of the law. But
35:20
Speaker 7: you know, if there's an owner of property and they're
35:22
Speaker 7: negligent with the manner in which chemicals are stored on
35:27
Speaker 7: it or the business they conduct on it, and it
35:29
Speaker 7: causes harm to someone else, then there should be liability.
35:32
Speaker 6: At the same time, you know, someone made go up.
35:35
Speaker 10: That's what made the fire go up so fast? Is
35:38
Speaker 10: where we had that drought last summer, and they don't
35:40
Speaker 10: cut the grass from nothing around it, and somebody just
35:43
Speaker 10: walked by it. It's like midnight and somebody just I guess
35:47
Speaker 10: it's threw a cigarette butt over it and it went up.
35:50
Speaker 10: I got videos of it like burning. It was one
35:52
Speaker 10: hundred from there, and I was big in the fire
35:56
Speaker 10: department to spray down the side of my house to
35:58
Speaker 10: make it wet. I lived like the own too property
36:03
Speaker 10: and then my house set on the third property away
36:07
Speaker 10: from the railroad directs, and it's the I mean, yeah,
36:11
Speaker 10: there's soil falling off my house.
36:14
Speaker 7: There's just so many contingencies and factors in that it's
36:17
Speaker 7: hard to really comment on it. But you know, as
36:19
Speaker 7: a general problem. And the other thing is when you're
36:21
Speaker 7: talking about trying to get lawyers helping with the case
36:23
Speaker 7: or you know, as you've talked about and reference, this
36:27
Speaker 7: is pretty complicated and so it takes experts, it takes expense,
36:31
Speaker 7: and the reality of it is if there's somebody that
36:34
Speaker 7: just abandoned the property that was an owner in the
36:36
Speaker 7: past and they don't have a lot of funds or
36:41
Speaker 7: you know, there's no prospective. You can be right all
36:43
Speaker 7: you want but if there's no prospect of actually recovering
36:46
Speaker 7: anything to remedy the situation, then you're going to have
36:49
Speaker 7: a tough time, you know, beyond doing it yourself getting lawyers,
36:54
Speaker 7: and you know, you look at it, well, why wouldn't
36:56
Speaker 7: the lawyers take the case? Well, would you put your
36:58
Speaker 7: money into the case. I mean, if there's generally three
37:02
Speaker 7: parts to every case. You got liability, you know, whether
37:05
Speaker 7: it's somebody else's fault or they owe you money, then
37:07
Speaker 7: you got damages.
37:08
Speaker 6: What are you entitled to?
37:09
Speaker 7: And what people often forget is the third part, which
37:12
Speaker 7: is collectibility, And sometimes that's the most difficult part of
37:18
Speaker 7: the case because you can't You can win all you
37:21
Speaker 7: want and have an order from a judge saying they
37:23
Speaker 7: owe you money, but if it just becomes a decoration
37:26
Speaker 7: on your wall, and I've got a few of those, unfortunately,
37:29
Speaker 7: and that's how they turn out.
37:31
Speaker 4: It's the Pigonmall Firm, Peytonmallfirm dot com.
37:33
Speaker 7: Hey, yep, be back next week, seven months, go ahead, sorry,
37:36
Speaker 7: three or four, seven, five, five, fifty five eighty six
37:38
Speaker 7: three zero, four, seven, five, five fifty five to fifty
37:40
Speaker 7: six next Thursday.
37:41
Speaker 4: Peyton Law Firm have a great everyone.
37:43
Speaker 2: Five eighty w c HSAM ninety six point five's in
37:46
Speaker 2: Charnalson one oh four point five Cross Lanes, WPRC Media Station.
37:52
Speaker 2: We're proud to live here too,