Yea ripped off.
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This is the Troubleshooter Show.
No Tom Martinez, Welcome, Welcome, my friends to the Only show if it's kind. We're here to solve problems, answer questions, kate complaints. You're lucky to join us today if you've got a problem, because we have got two deputies.
We got deputy doc Deputy Bow.
John Fuller, attorney at law, joins me, and we've got a big show for.
You today coming up at eleven o'clock.
We're gonna have somebody on that actually got a seventy five dollars ticket. It's actually not a ticket, which is we'll get into it to eleven o'clock hour. But but he fought it, John, this guy fought that seventy five dollars ticket for crossing the double lines. I think he's was on I twenty five going on to E four seventy and he fought this whole thing.
I think it took him six months.
He fought it all the way up and sued the state of Colorado. And you know how hard it is to actually sue a municipality or a government agency.
Andy one.
Now he's thinking to doing a class action because well we're going to get into it. It's eleven o'clock hour. But it's absolutely a great story. Make sure you join us for there. But anyhow, we got lines open right now. If you've been ripped off, you've been taken advantage of, you have any questions we want to hear from you. Three oh three seven one three eight two five five three zero three Martino open lines to start the show. Deputy Bo, it's glad to see your still not in
the pokey? Now did someone bake you a cake? And if for people that don't know what we're talking about, he went out on assignment when was that Monday?
That was last Friday? Out to the Spyglass Creek apartments. Yeah, they were doing some unethical and illegal booting of some shady stuff, really shady.
What car was that when you went out to remember what the vehicle was?
Yeah, there were two, like when was a chevrole same place though you have the same tenant had two cars and the parking spaces were not marked yep, And there was no signage stating about booting or towing.
Did he actually cut the boot off, right, I had a different one.
We had like three calls.
He didn't cut up the boot off.
I went down there to try to reason with the manager because.
He actually lived there.
He lived there, he just moved in, and the management company was very reluctant to give him the actual parking pass.
Where did he Where did he park? Wasn't it in the visitors space or a different one?
No, he parked right in front of his apartment.
Oh good, Yes, he parked in front of his apartment.
Yes, okay, And then you went down there and they called the cops. Sign you yeah.
Instead of having there's just a conversation about how we could get the boot removed.
Don you got to turn that off? Bro, I'm sorry everybody. I just we got a cell phone going crazy in here, so go ahead.
So anyway, instead of having a conversation about how to get these boot removed, because the management company to give him the parking pass in time, the manager called me a scammer and was going to he did not going to he did he called the police.
Did the cops ever show up?
No?
I waited three and a half hours.
Why would you even wait?
Because I wanted the police to I wanted to explain to the police of this un ethical activity. And I wasn't worried about getting a trespassing ticket because I told the manager that's ridiculous because I was there as a guest of the tenant. Yeah, you were, and I wasn't being you know, that was crazy, though.
I'll never forget you saying last week, hey, we're on air, or I'm sorry while we were on air, basically saying hey, he called the cops.
He asked me to leave.
Anytime I have showed up on stuff like that and someone asked me to leave, I have left, but generally it's on property.
I remember going down to an auctioneer one time.
And he asked me to leave, but you know, I left, but I went right to the sidewalk there and I was still filming and it went pretty good.
But that was a really good job going down. I thought that was great.
Radio man. Yeah, And let me tell you what ultimately happened on that deal.
Well, what happened because of the commotion with me going in and out of the leasing offices. Cameron, the caller's girlfriend, was just so upset about the situation. While I was sitting at the leasing office waiting for Denver police to show up. She went into an apartment and paid the three hundred and fifty dollars boot fee to have the boots removed well, and I told them not to do this,
And I said, how could these boots get removed? Because I was at the entrance of the part of the apartment complex waiting to see the toe company or the parking boot company. It was scammy. One of the maintenance men of the apartment building went out and removed the boot. So it's just kind of an inside that same.
Company park it Right.
I reached out to him on another call from Friday, and he sent me back the other call. I don't know if you remember this, but the guy's space was taken, so he parked in the visitor lot only, and there's a big sign literally right where he parked saying, you know, park it right, this is for visitors only. And he parked there and they booted his car. But the funny part was he lived there and someone was parked in his spot.
But park it Right still did it. I don't like park it Right.
And I reached out for the owner of park it Right to come out on the air, and he just emailed me back saying, here's the picture of the sign.
But he kind of threatened the guy in.
A text too. Did they do that to your guy? He's like, well, this guy cut the boot off. He goes, Oh, you're destroying personal property. I mean cutting these boots off for nothing. We're going to put a tow truck out there and we're gonna see your cars someday and we're going to grab it and blah blah, and it's gonna end up costing you thousands. It was just a nasty,
nasty text to him. And then when the guy wouldn't come on air, he's the same guy John when they were gonna when they were contemplating changing all these towing laws, they could have put him out of business. During COVID, he wanted to come on the show and plead his case to the public. How Park it writes a better deal because your car's there, it's cheaper. But these guys just throw a boot on there. I mean it's crazy. Tom and I went out one time and cut one off.
Yeah, I wanted to cut this one off because it was done unethically and they didn't give the ten at the parking pass and I believe they did that on perp but.
He definitely lived there. Oh, as you go to the next level, you think they did it just for the money grab.
Sure, I think the manager of this spyglass apartment complex is in on it. He's getting a cut of these of.
That's an interesting opinion.
It is an interesting opinion. I can't prove it, but he was.
The parking company told me that the manager has full authority to remove the boot.
John. He was so fired up when he was down there.
I kept going, you gotta get out of there. It's time to leave now.
In a development where I live, there's different segments. But one of my Buddi's got a parking ticket because he's supposed to know that you can only park on main roads, not on side streets. There's no signage.
But that's not the complex, right, It is the complex that is even though it's the street. You're saying they own the side streets.
It's within the it's within development. And he got towed, He got a boot because he parked on one of the side streets and not one of the main roads.
And how the hell are you supposed to know that?
There's absolutely no signage.
That's interesting. I mean, yeah, I don't know. Maybe I have no idea how you're supposed to know it. I know this for a fact, I don't care if it's a boot.
Well.
Actually, the weird part is, I think boots are different. We have towing laws for tow trucks what they can do, but I don't know if they roll over into this booting product. I mean, I have no idea, John, do you have any thoughts on that? It's like, I know, yeah, So I don't think they do. I think they're different. I don't think they have the same regulations.
I don't think they do because they're mainly acting as an agent of the private property owner.
Yeah, so when they said, oh, you cut our boot off, we're going to come after and tow your car and all this, I don't think they can.
Legally do that.
I don't think so either.
I think they'd have to go to court.
They'd have to get a judgment for the destruction of that private property.
They'd have to prove that is the guy that cut it off.
They'd have to prove all kinds of stuff before they could go out and just randomly tow a vehicle. I mean, I don't know why more people. Honestly, I'm not condoning this because I don't know what could happen to you. But I don't know why more people just simply don't cut the boot off, like really, I mean personally, I don't think I would. I don't, but maybe I would. I mean, I've cut a boot off for a caller before.
Well, how hard it is to cut the boot?
It was nothing, man. We could have done it right there, but we didn't know that going down there. So we brought a tow truck. I got a buddy that owns a tow truck. We went down there, put it on a tow truck real quick. We brought it over to Jeff Vick's place, and he cut it off with a little whiz wheel in less than two seconds.
Right, But somebody, if I walked out this morning and found a boot, what would I need to do to cut it off?
A little whiz wheel would work. Even a little batteryoperty.
On battery, a battery operated, a little hacksaw would work.
That'd be a little pay, but it would definitely work. I don't think it would take all that long. There's not much to these.
Boots, especially these the boots that I encountered, they looked like a pick a ball.
Yeah, this guy, you got to give it to the guy that came up with it. He came up with a direct com. He's a direct competitor of tow truck companies. And I think I think you're right. I think they do get They might pay them a certain amount of money per month, so I wouldn't call it a kickback, but I would love to know how the business model works. But when I called the guy up, man, I tried left a message and I texted him, I emailed him, and all of a sudden, he didn't want to come on.
He just sent me over a picture. And it's like that told me a lot about the guy. I think he's a bum. That's my opinion.
All right, let's take a break.
We got lines open. Anything you want to talk about, if you need help with a contractor you've got any comment on anything going on. By the way, the stock market, Holy mol, fifteen hundred points down.
Yikes.
We'll be right back.
Go with a sure thing Denver's Best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Right three oh.
Three seven one three eight two five five.
Dmitri joins us John Fuller with me any questions issues you have? Three oh three seven one three A two five five three oh three Martino? What do you think? Thoughts guys on this stock market today? Thoughts on the tariffs? You know who wants to start Tomitri?
Go ahead?
What do you Before I get to the tariffs? Yeah, there are regulations regarding private booting on private property. I did look them up. Are they well? The two they're pretty They're not as voluminous as the regulations that affect the towing industry. But the two important ones are the state sets a maximum cap of one hundred and sixty dollars per boot, and the second thing that they set is the maximum for their.
Own boots, I assume, yeah right, yeah, downtown Denver.
Yeah yeah, yeah. I'm not talking about government boots. I'm talking about the private boots, such as the case that BO has been working. And the second regulation deals with their response times. So from the time that you pay the ticket, the state requires that the boot is removed within a certain number of hours during business hours and a larger amount of hours during holidays and weeks.
The one work where you where you were BO?
Do you?
How do they get it off?
They call up a pay back in the day five years ago, park it right, you basically would call up and pay and I thought they gave you a code.
Yeah, what happened here? And also I want to crack something.
The company is called Metro Parking Management, not park it Right. No, Metro Parking Management of Denver. Now what happened? The tenant went back to apartment and called a number and gave her credit card and some a maintenance person from the apartment building came out and removed the boot.
And I think the maintenance guy, boy, that's even a stranger one. So under but under the statute they have to do it in two hours.
I can't remember the exact number. Of hours, but there are two two tight.
And then what happens if like someone does cut it off? And the one that I was checking out and emailed.
Park it right on, Well, it's certainly something I would do, right, I know what I'm saying.
Is there any rules?
Like?
What are they allowed to do?
Well? The regulation affecting private boots does not address your own self help remedies.
See, I mean if you did it, if some and put a boot on there, First of all, how would I know who did it?
I'm just thinking out loud.
I'm sure they put a sticker in a phone number and stuff, but maybe someone takes that off.
Yeah, and I'd be the wind.
Yeah whatever, It's like, okay, see you cut the boot.
Now what I mean, what can they possibly do if you park in the right place the next day? I mean, can they come and tow your car the next day? I don't think so.
No, I don't think they can provide retaliatory towing services for your car. Right.
The text that one guy received was unbelievable from park it right. Oh, They're like, we're gonna see your car and we're gonna get it, and we'll get you and you owe as thousands of dollars.
You destroyed our property.
And you know it's not verbatim, but that's basically what they were saying.
Yeah, I don't doubt that the man sent you an unhinged text or set, you know, the concerner and unhinged text. However, mark you know.
That did on Let me ask you this on that because of a tow company tows you and you can't afford to get your car back, they have to release it for I think seventy five bucks.
Yeah, it's even cheap.
It's like sixty bucks with the uh wait wait with the go ahead.
Yes, so the towing company has to release your car for sixty some dollars and an agreement for you to repay the rest of the three over time.
And let me tell you they are supposed to have signs posted and everything. Oh yeah, and a lot of them people don't even know that's an option. They try to do it on the real download. In fact, I think it was Wyatts they got in trouble for that. Yeah, but people listening, listen if you've got to. If they're going that's four ner and fifty bucks, all you got to say is I don't get the money, and they got to cut it.
You're saying sixty bucks.
It's sixty something. Just boot go for that too, though, No, no, the only two regulations are the ones I mentioned, so the boot is not regulated to the same extent. But Mark, in my research into Bo's matter over here, I came across a more insiduous device out there. Now, what is Are you familiar with the term windshield octopus?
I assume it's something right over your windshield. I think I have heard this. So you literally couldn't drive because you can't see.
It's a steel box about the size and shape of an open phone book if you remember that, and in on the underside of the steel box that contacts your window, or a whole bunch of suction cups. So they stick this thing to your windshield, activate the suction cups, cups, and lock the box. That's unbelieva and it's very difficult to cut off. There is just nothing in there to attack, and you know you could what is it? What shield octopus?
Oh?
My god, never have you even seen one besides on air, just.
On the internet. And it's you know, like a big yellow wangle.
So when you get it taken off, then what.
Well, just like the boot, right, somebody would have to come out and stick the suction cups after collecting your cash, and then they take the device back with them. But I assume that can be attacked with a portable angle grinder, just like a private boot could be.
That is unbelievable. Removing the Barnacle parking device, the barnacle, the barnacle. It's easy to remove the Barnacle property device. It works with large suction cups and small suction pump. Every car has a lug wrench to change your tire, so you already have the tool you need. Just slide the flat side of the lug wrench up to the suction cup, push it in and twist slowly.
It will break the seal.
Well hopefully before it breaks your win shoe.
I was just thinking that would suck. You crack your windshield, something will break. I guarantee you the barnacle. The barnacle will come off. But these people are getting kind of crazy, and I think I don't I would love to know if it's legal what they're doing or well. I guess it is legal to boot because you are actually doing it because of the apartment complex or the business, whatever it is. You're working for them and you're monitoring their
parking lot. But I still don't understand what remedy to the booter if someone cuts.
It off and throws it away.
Yeah, I would take a step back. I would ask John here for his opinion on the booters or the Barnacle operator's right to even touch your car, regardless of who ordered that.
So when you move into an apartment, though, you sign a lease. In that lease, you're gonna have an agreement about where you're gonna park, and it's going to talk about a lot of that stuff. So I think there's probably no problem with it in a apartment situation under I'm not saying I'm not saying every lease is correct, but John thoughts.
But Mark, But before we hear John's thoughts, the lease might also say no animals allowed in your apartment. But that doesn't give the property manager the right to come in, grab your cat while you're at work and do away with it.
No, but habit If your cat was in someone else's apartment, well, just like your car is in someone else's space.
Well no, if you have the right to be in that space, that's not something you're not going to.
Go into your apartment and take anything.
You're using the cat as an example, but if you're not supposed to have a gun, they're not going to go take it.
But it's an analogy.
If that cat was outside, I think they'd have the right to take the cat.
In my hypothetical analogy for stuff.
It was a horrible analogy.
So let's get back to the basic of my premise, which is, Hey, it's my car. What right do you have to even touch it? Hover over it, scratch it with your belt buckle, potentially that kind of thing.
Because you live there and it's their parking lot. Yeah, but it's still my car. You park it ball arena and you don't pay, you don't have whatever you're supposed to have down there to park, and they tell your car what right did they have to touch your car?
In that Asselet's get back to the apartment complex and I have the right to be Yeah, what do you have against cats? I don't that's the point. I love my cat.
I need to talk here. Listen.
I don't think you have any rights when you park your vehicle on somebody else's problems.
It's private property.
They can dictate, you know, the terms that you can park on there or not park on there, and and you're subject to them.
I don't think that you have if you've paid to be there.
Well, if you paid, you have a limited license that that dictates your right to be there. But that doesn't mean that you have a property right that can't be you know, trespassed against or something. I mean, I don't know, Maybe I'm wrong about it, but every lease.
Every lease that I've signed, always has specific all tails about parking and the remedies thereof.
Now, if they if limited, that's no different than you pay in the toll to go on a lot downtown. It's a limited license to use that property.
Correct.
All I'm saying is that doesn't create some you know, holy zone that they can't they can't walk across because that's now Ken's parking spot or Dmitri's parking spot.
You know.
I just think that you have a right to park there, But it doesn't.
It doesn't in any way foreclose the owner's right to police that property or to take action against you if you violated their terms.
Right, I agree, That's what I was saying. It's always in every lease I've signed. Those provisions are.
There yet almost everywhere, right, I mean, like for real? Hey, Alex, what's your question?
Hello?
Mark?
Are you doing I'm doing.
Good, Alex? What's going on?
Man?
Okay? So, since you're used to have.
A tire shop, right, yes, sir, I have a.
Question about so when you replace a tire on a vehicle, it's a hard not to scratch the rim.
Oh man, I'm saying. Oh, I'll tell you all about that. Let me take this break. That's a I wonder if he scratched somebody's rim, being the caller, Alex, or if his rim got But I, unfortunately have bought a lot of rims in my life and not for my own car. Three oh three seven one, three eight, two five five. We're gonna have two lines open three oh three Martino, Alex, I promise I'll bring you up right after this.
Go with a sure thing Denver's best roofer Excel roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call compass insurance paying too much your coverage at dozens of insurance companies. Find out now three oh three seven seven to one help you'll think you're his only customer when you choose Frank durand the real estate man dot Com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right, three zero three seven one three eight two five five, you need some help. I also have a course attorney. Any auto accident, I have our personal injury attorney, John Fuller with us. He also does the show occasionally Forced, which is really cool. Let me get back to Alex, but three h three Martino. So Alex, I'm just curious. Is it your rim that got scratched or did you scratch your rim or what?
Yeah, it's my vehicle.
So I took it to the dealer yesterday because I had a puncher on the tire, yep, and they have to replace the tire.
Is it brand new?
Vehicle has less than eight thousand miles, The tires are pristine. So after they replace the tire, I look at the rim and it's all scratch.
And what did they say?
Did you bring it back to him?
Well?
It was it was nice, So I didn't see it until this morning when I looked at the vehicle. So yeah, I'm gonna I'm gonna call him back.
I would, honestly, I would drive down there. It's if I looked at it, I could tell you if the tire machine did it. But when you say it's scratch, what does that mean? Is it scratched like around the entire radius or what is it? Where is it scratched?
Yeah, I can tell as a machine admit it because so it's on the list. Yeah, exactly, it's perfinitely perfectly round all the.
Way around, all the way around.
Yeah.
So here's probably what happened. They use the wrong duckhead and what the duckhead is. So you have your tire machine and you basically have a duckhead that's either steal or plastic or graphite depending on the application.
The worst thing that can happen.
They use this steal one for really big truck tires, not nice rim truck tires, but steel wheel I mean big truck tires like you know, twenty two fives or nineteen five something like that, and they use they accidentally forget to take this steel duckhead off. Then they get a nice aluminum rim or a rim in there, and man, it can do exactly what you do. So I don't think you're going to have any argument. What they'll do is they're going to want to send that rim out
and basically get it repaired. And most of the time that's fine. I mean, if they gouged it too deep, you can't get it repaired, they'd have to replace it. But they'll probably send it out it to get it refurbished.
Okay, Okay, what dealer was it?
It was the dealer over here in Loveland.
Okay, yeah, well, yeah, that's it.
Man.
It's really not a big deal.
Dude.
They'll take it, uh and they'll take.
Care of it. I wouldn't worry about it, honestly. And if they don't take care of it, call us back, man. I mean, we'll call over there. If they don't want to take care of it. Make sure you send me a picture of it so I can verify it as a tire machine. And I assume you haven't been anywhere else. And it only did it to the one tire, right or the one wheel that's the only one, because that was.
The only flat y had.
It was the only one. It's not like you bought tires because usually what happens is people realize they have the wrong duckhad on pretty quick and it's always on that first rim.
Then they'll pull that duck head off and put the right one on. Yeah.
No, And I took a picture right before I dropped the car of the dealership.
That's smart because I had issues.
I had issues in the past, so I took a picture of the rim.
And Uh, that's really smart.
I mean I.
Couldn't see it last night because it was dark, but this morning I can.
Tell Yeah, yep, bring it back. Tell them, but don't be afraid. If they just want to get it refurbished, it'll look perfect.
Bro Okay, all right, see Alex appreciate it.
Bye, all right? Three o three seven one three eight two five five. That's pretty smart to him. Guys, Uh taking that picture? You know where?
I do that all the time? John, Do you rent cars a lot?
Not too much.
I rent cars all the time, and I always walk around with the camera.
Yeah I've I'll tell you when I have actually done that is with U haul truck. Oh yeah, because there is not a pristine U haul truck in this country.
I don't believe.
No, that hasn't been for the rider's under a tree, over a curb, into a wall, you know, into a loading dog whatever they do to them.
They're all banged up. And we had.
One stolen by a homeless guy yesterday on the shelf.
If you don't protect yourself and take all your pictures, you're subject to get charged for all that stuff.
Yeah, I know it's pretty wild.
Anytime I pick up a rental car, okay, I go a step further. I'll walk around it with the video camera on. It only takes a minute. It's no big deal. And I'll point out every little thing I have just by talking. Even if it looks like a scratch. I'll say, oh, in a scratch there, and then here's this and blah blah blah. But I've never had an issue. We get a lot of calls where people return it and you know, four or five months later, their credit card's getting hit.
It's just never happened to me. I've never had it now. I did back out one time. It was in Texas, Dallas Fort Worth Airport, man and I stay a hotel and I'll never do it again. That was on the airport grounds. So every time you left a hotel to go somewhere, you had to go through all the gates. Basically, pay a toll is what it came down to and I went down the wrong one, so I had to back out and go over to one where there was a human and man, I hit this metal.
Gate and scratched the entire car down the side. Oh my goodness. I couldn't believe it.
But my credit card ended up paying for it ultimately, so I had coverage on my credit card so I didn't have to put it through my own insurance.
All right.
Three zero three, seven, one, three eight two five five. By the way, coming up eleven o'clock or eleven oh five. John Bolin, he's the attorney that actually sued Colorado over these seventy five dollars tickets. He's thinking of getting everybody together and doing basically a class action and going after the State of Colorado for everybody that's paid the seventy five bucks. I'm dying to hear this guy's story. Now,
he's an attorney, so it's interesting. Most of us are not going to fight it to that level and sue the State of Colorado. That's gotta that's gotta take a lot of time, right John, I mean, just sue a state.
God love him.
Well, we're gonna see what happens. Three oh three seven one three talk.
Go with a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a.
Cent until you're contenth time for an insurance check up free, no obligation comparison call Compass Insurance Paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right, three oh three seven one three eight two five five. Hey Jim, what is going on with you and Champion Windows?
All right?
So we're coming up in June. It's going to be two years since they started the job.
All right.
I have contacted the number of times.
It's amazing.
They replaced windows and then a signing last door.
Right.
They left my home a total work With the first crew that came in here, they did a lot of dammage inside. They broke glass all over my all over the house inside. They there are class chips on the beds every day. They even used what we use our vacuum cleaner to clean up after themselves, which damny's the vacuum cleaner. I mean, just just incredible. Sent another crew in, they took pictures. I took pictures of it all, sent it all into them, and I mean it was just
just just horrible. The you know, the service, the workmanship, everything. And the other crew came in, they saw what they'd done and they agreed that It's like, you know, this is horrible. This is just amazing. I can't believe that they left you this way and they fixed what they could. They're supposed to replace a screen on a sliding glass door, it's the wrong type, the wrong color, and so forth. They contacted me other times. One guy came out still
didn't have the right one. They still want to the money in order to finish it, but it's like, I'm not going to pay that additional amount.
And how much do you owe? How much do you owe them?
Little over three thousand dollars.
And are they saying that's the reason why they're not finishing this warranty work and replacing the wrong items stuff like that.
No, no, no, because I've talked to them and they said, oh yeah, we'll get somebody out and they didn't and then they said, well, I said, can you connect you with the manager? And that hasn't happened either.
You know, ever since, ever since Great Day Improvements brought to these guys, I think it was twenty one or twenty two. I've never seen a company in my life go to hell so fast. I just haven't seen it. There was a period of time last quarter or actually not last quarter, but the end of last year twenty twenty four. I mean, we got so many complaints on him.
It was almost weekly at one point. And what I learned is there's really no one to complain to except for the guy that you basically worked with who either sold you the windows or was like your project manager.
Is that still the case or has that changed?
Well?
No, I mean I contacted the sales then and about the initially right after this, that first group came in and they destroyed everything all he said, I'll take care of it. Diver heard back from him. So I contacted the service manager at the time. That guy's last name was Trojan, and he basically you know, didn't answer, didn't answer phone calls. He called me one time after that to say, hey, who's the last guy.
You talked to over there, Jill.
Man, if I talked to anybody, it was, it was somebody in their Listen.
Here's what I want. Let me put you on hold. I'm gonna keep you on, but I want you to give Kelly a name of someone that we can call. I want to put a deputy on it right away to see if they can call over the break. And I want to figure out, uh, what what's going on? I mean, and if they don't want to answer us, I mean, we can you know what we can do? Dragon, I let that guy talk for about a minute without
interrupting on purpose. I generally don't do that. I would like if you could to put together a quick thirty second commercial four Champion using this caller's minute long speech. Can you do that during the break? You get the idea. So let's see. Let's see if Champion will talk to us three oh three seven, one, three eight.
Two five five. Don't forget John Bolan coming up.
We're gonna be talking about those seventy five dollars tickets. He actually took Colorado State to court and won. He got his seventy five bucks back.
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seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Ripped of.
Need who you don't have?
Run as we can.
Shooter's gonna help.
Come.
This is the Troubleshooter Show.
Yeah, Tom Martine, Welcome my friends to the only Chauvis Guy. You're here to solve problems, answer questions, take complaints. We got a lot of cooking this hour. But here's the bottom line. If you have been ripped off for taking advantage of today is a great day.
I have got three deputies.
In the room. I also have attorney John Fuller. He's also a co host here. And here's the bottom line. We love helping. If you've been ripped off, bad contractor bad experience, bad Dennis, bad landlord bad anything. We have recovered over three hundred million dollars in the last forty years right here in Denver, Colorado. Actually, Tom, forty five years. You ready for this? Three h three Martino, that's the number. Now I have one line open now, John Bolan, I
am so interested in this. Kelly sent me an article. It was a nine News. I'm gonna bring John up. John. I'll introduce you a little better in a second. But Kelly sent me this article, guys, and it was on nine News, or maybe it was Fox thirty one. I forget, but anyhow, I click on it. And here's a little
short story about John Bolan. We have had so many calls John right to the show in the past, I'd say six months that you couldn't believe it of people saying I had to exit out of one of these express lanes because I almost missed my exit, or I accidentally swerved because someone was coming over and I swerved past the double lines. And you know, everybody's got an excuse. So I'll say that everybody's got an excuse of why they did it. Did you guys know Martino actually got one,
so Tom actually got one as well. And Tom claimed up and down. I never went over the double lines. But interestingly enough, I get all his mail because I'm not even going to go into why, but I get it.
So I opened it up and there was a picture.
Of Tom over the line over the life.
So everybody says they don't do it, but what John Boland did?
And John, you're an attorney, right.
Yes, sure am.
I love this.
I absolutely love this.
Why don't you tell us your story on how and what infraction to begin with?
What happened and where was it?
By the way, Yeah, yeah, I got one of these notices of civil penalties in the mail from something that happened back in May last year, one seventy. I was going north down on I twenty five to get on westbound Sea for seventy and you know there there's a flyover, yep. And the entrance to the tolane is actually on the flyover, So if you miss that, then you've got to take the rest of that flyover and the roads eventually come together next to each other and you can hop in the to lane there.
Yep.
I can picture it perfectly, and I've actually done that same thing.
Yeah, you know, I was just in the car distracted enough by my kids probably to have missed the GPS instructions that I needed to go lest and get in that thing. And so I just hopped in as soon as the lanes came together, which was over the double white line. Like you say, I have lots of us do it. And you know I intended to pay the toll, and I did pay the toll. I've got one of those transponders on the window, and I paid the toll
and I went on my way. And so I got this notice of civil penalty in the mail that I committed a safety violation, yes white line. And I thought to myself, Okay, I mean that sounds legit. It might have been the wrong thing to cross that double white line. So I looked up the statute.
Is the statute, I'm curious?
Yeah, the statute is in the Colorado Advised Statues.
Yep.
The number here is forty three dash four eight.
Eight forty three dash four dash what eight eight eight eight?
All right?
Keep going, man, I wanted to pull it up to.
Yeah, yeah, pull it up. That's the statue to theay cite in their notice of civil penalty that says I committed a safety violation. But that statute says that they're empowered send out these civil penalties or total eVision.
Not for crossing I see what you're saying, Not for crossing the double lines, but for someone that maybe doesn't have an account and they use the express lane and their license plates picked up by the camera and they get charged or whoever gets charged it owns a vehicle and they don't pay it.
That's what the civil penalty is for.
Sure.
Or if they're getting the lane and then they see the little toll taker device coming up and they hop out of the lane to miss that and get back in right.
Yeah, yeah, to avoidable avision.
Sure, And that would be crossing the line in order to commit.
To all avision.
Yeah, it would be.
But I didn't do that. I paid the toll. I wanted to pay the toll. I just got in a little late. In fact, I got less than I paid for because I didn't travel the lane the whole time.
You know.
Well, so what we hear though, is if something happens like that, and I want to be very clear on this, you got charged through your transponder for that toll that section that you ended up in, and then you exited because you didn't want to, of course, pay the toll in the next section, so you got out before the next section. But they billed you not only for the toll you paid that, but they also were trying to get seventy five bucks because you exited early.
Yeah, that's right. I actually took two sections and paid for both of them, and then I hopped out where I wanted to go, and I still got this notice of civil penalty for seventy five bucks.
Now somewhere on that notice, because I've seen plenty of them, they are like, you can go to this website and upload any evidence you have and actually get a hearing.
Did you do that?
I did.
They've got a two step process. The first is, you know, just submitting by text on their website, I think, or by email. Here's why I think there's a problem. Yeah, and I was denied within forty minutes.
Oh my god. So it's probably an auto response.
Yeah, something like that.
That's crazy, Literally in forty minutes. And what did you put in that first thing? Like, hey, I paid the toll and I wanted to get out, or I mean, what did you put?
Yeah, I put the same thing that I'm saying to you right now, which is that got it patute? And the regulation supporting it is for toll eVision. But I paid the toll, so I can't be evading it.
Yeah, So then what they declined it in forty minutes? What's step two?
Yes?
Up to In that same email where they decline it, they say you can have a hearing and administrative hearing and if you want to set one up, here's a link, and you set it up and you go to a virtual hearing like zoom A yeah, like zoom, and this is with an administrative hearing officer.
Hey, John, let me let me John, let me ask you something real quick before we go on to this second one. Isn't there a time frame you have to follow too? So, in other words, if they send the notice out and you don't request the hearing an X amount of days, don't you give up the right to the hearing or something like that?
Yes?
I believe that they stated a time frame that you've got.
To so you were within all these time frames. Yep, Okay, I'm sorry, continue on, Yeah.
No problem. So this is a hearing on zoom with what's called an administrative hearing officer, not a judge in our state system. And these people are lawyers who are employees of the tolling authority.
So it sounds like the worst setup ever. It's like the mafia, keep going, Yeah.
Exactly, it's their tooling authority itself deciding whether it is wrong.
Nobody impartial think about that. It's crazy.
No one impartial, like inn a magistrate or a judge or anybody.
That's crazy.
Yeah, and you have to pay thirty dollars in order to have this hearing as well.
Oh my god, so now you're paying half half of what the ticket is.
How long was the hearing?
Not long, you know, probably fifteen minutes, depending on how much you want to present your own favor, which I did present. I just presented the evidence that I had paid the toll that day. Yeah, and that was it. And I made my argument the same argument, and the administrange hearing officer rejected it hands and that was the end of it.
And what happens, I mean, do they do they let you know at that moment that you lost or do they let you wait a couple of weeks and tell you like they're actually thinking about it.
Yeah, they let me know that moment you ruled against me right there?
And what was there?
What was their reasoning when you tell them, Look, here's the statute and it says this toll evasion. And as you can see by this statement, I assume that I paid the toll.
What do they say?
So the she was referring to the regulation And I can give you the citation for that regulation as well if you like.
Yeah, I would like it.
Yeah, it's two CCR six O six.
Dash one and get what's the gist of it?
And this is how the power to High Performance Transportation enterprises the tolling authority. This is how they define toll evasion.
Oh and inside of that, how do they define it crossing over the double lines?
They do.
They've got a section here that says alevision is, among other things, failing to pay a toll or avoiding a toll by entering or exiting the lane other than other designated access point and are.
Swerving between the lanes, which they call weaving. And that's the scenario that we just talked about, right, Yeah, that's exactly so they can skip the toll.
Yeah, well that I would think that was the intent of that law. I don't think the intent was what happened to you where you pay the toll and you get out because on that place at C four seventy and twenty five, and I don't care what direction you're coming, you can easily get in that left lane on accident or someone might do it.
And if you notice it the long.
Last time, I mean there's a medium of cement about two feet right there. So what did you do after that?
After the administrative hearing?
Yeah?
Yeah, So if you lose at the administrative hearing and you still want to pursue your additional rights, they have some information on the website saying how you appeal to the county court the county where this where this all happened.
So Douglas County, I assume Douglas County. So you go to Douglas County, go ahead, yep.
Yeah, You've got to file a petition what they call it, which is essentially complaint to start a whole lawsuit in the county court.
Yeah, because basically government immunity and other issues. When you go after a municipality or a county in your case, or even a state, you have to give them notice.
Yep.
So you give them, you give them the proper notice and I assume you literally file lawsted.
Let me put you on hold.
I got to take this break, but man, I love it so now think of all these hoops and he's an attorney. How many normal well when I say normal people, how many non attorneys would ever go through this?
It's guys like this.
I love.
Hold on, John, hold on.
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All right, three oh three seven one three eight two five five listen. I want to jump right back to John. And he was great enough to come on the show. He's an attorney. He got a seventy five dollars ticket for crossing the double lines out there.
He actually paid.
He actually ended up because he had a transponder, of course, paying for that section E road, and then he got out went through the double lines. Now granted you're not supposed to do that, John, I did want to ask you something.
Were you exiting Quebec right there?
No, I went all the way to Broadway. I was headed over to see a Cranberry's cover band. Got it my wife's fortieth birthday with a bunch of friends down at the pro.
Screwing nice cool. So I get you there.
So basically you went through the first part is where you go on Colorado's website or whatever the website is and say, hey, you know, here's the deal. And then you went through a hearing over zoom or whatever the state uses, and you lost that. Then you actually told Douglas County you were going to file a lawsuit about this, and then you actually filed a lawsuit.
Yeah, that's right, And you hit the nail on the head. I mean, this is not the this is not an easy process for a layperson to follow.
It's ridiculous.
And what's even more ridiculous on that note, John, from what I've learned from you, because I haven't talked to anybody that actually went through the second thing you went through where you've got to pay thirty bucks for the hearing. But you said, I mean you spend fifteen minutes, and they're like nope. And these people basically work for the same people they gave you the ticket. But so what happens when you get in front of a real judge in fact, who's there for the state or for the county?
Who actually is it?
So the Attorney General's Office showed up to defend the tolling authority.
I bet they hated this.
They're thinking, oh, man, if they lose this, they're going to have everybody out there trying to fight like this guy is.
Yeah, I mean there's lots of folks who are unhappy about these tickets. I've heard from over five hundred myself since that article came out Monday afternoon. Yeah, and so the Attorney General's office is the are the folks handling this? That's one of the difficulties. It's pretty difficult enough to figure out how to write your complaint and get what's called the summons together, get this stuff on file with the court, but you also have to serve people to bring them into court.
Yep.
And I'm sure your listeners have heard of that. All that means is that you have to have a responsible adult physically hand the papers to the person.
Yeah.
Yeah, And we do that because then the person we know that they got the papers, and also it impresses on them. And this is a big deal because people don't just walk up and hand you legal papers every day.
Did they make you actually did you have to go through discovery?
I know we did not have to do any discovery in my case. I kept it pretty simple, got it. If you needed some of that, you could get it.
Yeah, but you didn't need anything. I mean, you've got everything right there in the statute itself.
Yeah, so I get it.
So what was I assume you get up there and you're basically saying the same thing you've said three times at this point, and you have lost every step of the way.
What was different with the judge?
I mean, really, in your own mind, why did the judge find that the state was wrong or the county or whatever it is having What did the judge see differently than everybody else you dealt with before?
Well, you know the other processes I would label a rubber stamp because they're employed by the toiling authority, and their job is to unless it's a pretty clear cut thing like I wasn't driving or the car was stolen. Yeah, no, their job is to let the ticket stand. But the judge, you know, this is an independent process. He's not employed by those folks, so he's taking an independent look at things.
And you know, I felt that I was right about what the statue says and about what the regulations say, and that what matters here is that no one was trying to evade a toll. Yeah, so the judge ultimately agreed with me.
Did he agree that the statute doesn't fit the crime? In other words, like if you get arrested for murder and you were jaywalking, I mean, that's just an absurdity. Did he kind of look at it like that, like it wasn't toll evasion? Or was he talking about just your I guess my question is was he talking about just your specific issue or is he setting precedent that they can't do this to anybody and it's going to change the rules.
Yeah, he was talking about my specific case. And you know, the word precedent has two different meanings. One is is there any other court that has to do exactly what this judge did because they're bound under the law to do it. Like when we talk about the United States Supreme Court.
Sure, all the.
Lower courts are bound to do what they say, and that's not the case with the Colorado County Court got it. But is it precedent in the sense that there's.
A ruling out there that was in the favor of the poor guy that got seventy five dollars ticket. I mean, that's the bottom line.
Yeah, and I will call that persuasive.
Now, let me ask you. I was thinking, because I heard either I either read or saw it in one of the interviews I saw with you, that you're thinking about a class action and that's kind of an amazing thing to do for two reasons. One, it would punish them for doing this if they're not supposed to be doing it. Or it would make them define and do this in a better way to where they're within their law. I mean, it's obvious a judge is saying what they did was horrible.
So I mean, how serious are you on that?
Because if there's a thousand people right now and then after our podcast, you know that's fifty thousand people a month plus our YouTube and our Facebook and everything. I mean, if you if you literally got five hundred, one thousand people that had these tickets, they wouldn't have to really do anything.
They're just going to be part of the class.
You guys will figure out if they fit the class or the criteria. But how serious are you in putting a class together?
Yeah, we're working on putting one together right now. We are serious. And because I think that this situation is exactly what class actions were made for it they are this is a seventy five this is a seventy five dollars ticket, and so it makes no sense. You can't find a lawyer to go fight a seventy five dollars Well.
You could have three or four hundred bucks an hour. Yeah, yeah you could. You could find an attorney to do it, but it would be an absurdity, Like literally, it would be absurd. But so you guys are going to do this. The class action people just sit back, you know, you know they're probably going to end up with not much, but who cares what it does.
It's bigger.
It's telling the state you're not allowed to do something like this.
You just simply can't do it.
Yeah, I think that's exactly right. I think that they are acting outside of the authority that was granted by the General Assembly. And if they want additional authority, they want to be able to enforce people crossing the line even if they paid the toll, then you know the right way to go about that is to go and get that authority.
Hey, John, what phone number? What phone number?
Or email? What contact information for anybody listening that has been affected, no matter what, just has received and paid one of these seventy five dollar tickets for crossing the double lines in Colorado? How can people at least get their name to you? And do you want like a picture of their notice? Just give me some real basics where to start telling people to go.
Yeah, there's a form on our website. The website is www dot bow sh dot com.
Well well d ow like dw what.
Bow oho, oscar whiskey the at Charliehotel dot com.
Got it, that's the spot.
And so they can get their name, email address and a brief description of you know, their case in there. We don't have to represent every single person in a class. What you do is we'll find a few representatives, maybe five to ten that you know they have in common everything with the class, and then we can just crosscheck and verify from the people that submit into our forums.
There.
I love it that they're in the class. Yep, we get the info.
Yeah, so just so people know real general, the class means this. It all has to be the same. So in other words, if you were actually trying to evade the toll, that's not part of this class. If you didn't pay the toll, that's not part of this class. This is someone that either accidentally or whatever, ended up paying the toll and crossed the double lines. And unfortunately, there's thousands of people listening that have got this. John Fuller, didn't you say you got one of these tickets?
Yeah? I did.
I don't know that mine was accidentally. I think I cut the corner just a little bit too early or we'll see it. But that's bys because you paid the toll as well. Yeah, I paid the toll every day of my life, it seems like. But yeah, I nonetheless had a welcome in a letter at my house for seventy five bucks.
Hey, John, give me that. Give the website one more time.
Yes, www dot bow sh dot com. Bravo, Oscar Whiskey Sierra Charlie Hotel.
Got it, Bowlin and Shaw Attorneys, and you guys could do it right there. So anybody out there listening, Hey, man, great story. Really appreciate you taking the time. And I'm gonna make sure anybody that calls with you seventy five dollars tickets. I can't believe how many we get that literally paid the toll. We're gonna have him go right to that website for you. So it was great talking to you, and uh, hopefully I meet you in person someday.
Man.
Hey, good work too, really good work.
Oh, thank you, thank you on.
Yeah, you got it. John, that's John Bolan and once again bouch. So it's b O w sch dot com.
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All right, three oh three seven one three eight two five five. Man, I just learned my fifteen hundred dollars German shepherd Niko is now worth I think it works this way, is now worth almost four thousand. Let me tell you why, uh Suzanne brought him up to CSU and by the way, probably not even arguably, probably one of two of the best veterinarian schools and people there, the professors, the whatever they're called events, they got to
do an MRI. So I got a I got to put about two more grand into this dog I paid fifteen hundred for and then we'll figure out what's going on with them. Fine, but you know what I got him to throw in, guys, because when you put a dog through an MRI, of course you got to knock him out. I mean, he's gonna be out. But I got him to throw in, John, You're gonna be proud of me a nail clipping. So while he's out there, gonna co ed and clip his nails. As a added bonus.
You got to throw in like they express, the anal glands and all that stuff to let me ask you.
What's the most? And I pro I'm gonna get listen. I've got tire, Shelley and Stephanie. I'm gonna get right with you, guys. I promise I will on the phones. But what's the most you've ever dropped on a dog? John seriously? Or a pet?
Give me a And I mean at one time, not over a lifetime.
I don't know. We'sed to own horses. Man, that's a whole different case.
No, no, not fair, not fair.
I know it's not.
But dogg or cat, I don't know, my wife, and I mean we dropped a grand on pulling teeth out of a Chihuahua. I mean, I'm just waiting for this dog. You don't have fly, I'm waiting for this dog to run out of teeth. It seems like every time you go in there, they pull like seven or.
Eight of them.
You know they're regrowing. I think they are growing.
They keep pulling him out to the tune of like a grand every time.
It seems like maybe.
It's a baby shock and out of Chiuaha.
That's the most in one.
I know we spent way more than that. How about two three grand? Four grand?
Mark a few years ago, I lost the twenty year old cat, and I spent a few thousand dollars in her last few months. But the last few months, yeah, and I would have given her some of my time if I could.
I know a guy in the last six months spent twenty thousand dollars on heart surgery on a little dog, twenty thousand dollars and it actually lasted a little bit, but I don't think he got his money's worth. A dog was somewhat old too. We all get there. I spend seven grand on Ashitsu. One time we were out of town and we had a house sitter. Her name was Lana. She moved our car out of our garage so she could park in the garage while she was
their house sitting and dog sitting. She ran over our dog in our car in our driveway, got them up to the vet. We were with the kids, our kids were really young, at Lego Land in SeaWorld in California, San Diego area. Get a call at one o'clock in the morning from Lanta. She's at the vet and needs to know if we're going to approve two thousand dollars. And we're like, well, yeah, I mean what happened, she told us. So we approved two grand. We get a
call back. By the time the night was over, we're seven grand deep in this dog.
We're gonna need a different credit card, sir, that one's not going through it.
So we're seven grand deep into this dog.
And that was it. That dog lived another three or four years. I'm going to tell you something that is absolutely unbelievable. Remember our house sitter ran over our dog in our car and our driveway. I would say two three years later, I get a check from her dad.
She was seventeen at the time.
I get a check from her dad from his insurance company I think it was State Farm for seven thousand dollars. He turned it into his homeowners. Now Wyatt took two years. I would have no idea. I didn't even know what was going on, but we got reinburse seven grand. Listen, Stephanie, Tire and Shelley. I promise I'm going direct to you. One of them's got a problem with the Denver police towing their car. An issue with the car accident, that's going to be right up John Fuller's alley big time.
And then Stephanie an issue with a flood and a crawl space that can be catastrophic. Hold on.
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Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right three O three seven one three A two five five. By the way, this hour brought to you by water Pros.
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go to waterpros dot net. It's a water softener and it's a whole house filtration for forever chemicals, so it gets rid of all those little microplastics. And then and then he'll do a at use or a point of use at your kitchen sake or reverse osmosis less than four grand, less than four grand some of the competition twelve grand without blinking on that same stuff waterpros dot net. Now I want to do this. I'm going to go to whoever's been holding the longest and we're just going
to plow through these calls. Period of end of story. So the first one up is going to be Shelley. Shelley, what is going on with you? Shelley hold on? That's my bad, Shelley. I hit the wrong button, Shelly, what's going on?
Hi? Two days ago, my thirty two foot motor coach which I was living in, and I was parked outside of a friend's house, which would they were okay with me being there? Anyway, long story for it. I posted a notice from the cops that I had to move it seven hundred feet, which is ridiculous because three days later, Hey, where.
Is this, Shelley?
Is it?
Downtown Denver, is it?
Yes?
Okay, so it's city.
City Denver, downtown, not down I'm sorry. It was on Chelton Hooker Okay, still Denver. So I rented the truck, moved it to seven hundred feet they required, and as soon as I was returning from bringing the truck back, cops, the fire department, everything there, they towed my my IRV. That's the roof over my head.
So wait a second, I just really want to understand this. So they first didn't toe it. They put a notice say you had to move it seven hundred feet. Now is that a rule like you can't be in the same spot for X amount of time?
Why are they telling you to move it the seven hundred.
Feet Apparently you can't move hips more than three days.
Okay, it's just.
An ordinance of some deal.
So when you moved it somewhere else, did you park somewhere where they could immediately toe it? What I don't understand is why didn't they just immediately tow it where you were? But now they towed it when you moved like they asked you to move.
I honestly I couldn't even tell you. I just know that I live in compliance with the notice and that my biggest issue is, I mean they destroyed that. The right half of the windshield is completely gone. I don't know what happened to that. My stuff was everywhere, lots of things broken. They gave me fifteen minutes to remove all and that's my That's where I was living, you know, So everything I have?
Where did you put everything? Just what happened?
I've rented a new home and went to the They had it at the Sheriff's Denver Sheriff's Inpound Lot. But fifteen minutes, that's just ridiculous. I'm sixty before.
I understand, and I don't agree with any of this, but I'm trying to figure out how we can actually help you.
Can you get the vehicle back?
Now? When you say the windshield, was it cracked in the first place, I mean did they it was crashed? So there's an argument there. It didn't matter the windshield.
Man, that's not even my issue.
What is the issue, then, Shelley, I.
Want the rest of my stuff, That's all I want. I just want to get.
Now, Dmitri, Shelley, please please hold on. I hear the emotions in you, and I do want to help you get your stuff. This is very similar to another one we worked on.
Yeah, yeah, right around what is the Thanksgiving or Christmas? And I'll follow you in on what I found out as as we come back.
We actually have information on this stuff.
So hold on and then Tire, I'm going to talk to you just to get the gist of your car accident question on the break, and then Stephanie you're gonna be up next. Hold on, everybody, and Shelley just calm down. Hold on. We're going to try to help.
You go with a sure thing Denver's Best Roofer Excel Roofing dot com.
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Plea time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
Rid of news need advice so you don't have.
Come runs?
Can Shooter's gonna help come man.
This is the Troubleshooters. Yeah no, Tom Martinez. Welcome to the only show of its kind.
We are here to help you. We're here to help some problems, answer her questions, take complaints. This hour brought to you by Frank Duran, the real estate man. Frank's a great guy. Here's the bottom line. You want the best realtor out there, you call Frank. Frank did so well for Suzanne and myself in our Castle Rock house. You couldn't believe it. He got more than the exact same model in the entire neighborhood of Red Hawk. This
was like five six years ago. He did great and he helped us negotiate and got us a great price in our new house.
You need the best.
He sells more homes in one month than most realtors sell in an entire year, in some cases a year and a half. And you can check out those stats. It's just unbelievable. Frank Duran homes dot com. Now we're trying to figure out how to help Shelley. She's homeless. She lived in her RV and basically Denver. She was parked in Denver. They put a sign up or they put a notice up. You got to move seven hundred feet.
It was seven hundred feet, right, Shelley, Yes, within a period of time where they were going to tow it. She had to call a tow truck over because the vehicle didn't actually run, and she moved it the seven hundred feet. And then I guess you went out somewhere and when you came back or they knocked on what actually did happen?
Were you in the vehicle when they came out.
To move it.
No, my roommate was but that I had rented a tow truck and I pulled it myself, and then I was returning the tow truck and when I drove up the they were there.
I wonder, Shelley, tell me if this makes sense?
When they saw you move it the seven hundred feet and have to use a tow truck, I wonder if that's when they made the decision that they were going to tow it because it's inoperable.
Do you think they knew us already? We have we have been dealing with Bim please with this for a questions.
Why would you possibly be in Denver like that? Why wouldn't you go just to the outskirts or somewhere else. I guess I don't understand that logic.
Okay, this is this is a problem, the part that I needed to fix it. Yeah, at like eleven hundred dollars. We were my roommate and I were intending on, you know, repairing it, of course, you know, and we were just I was I was just going to sell it and go back to living in an apartment. Well, now I don't have it to sell, and if they destroyed the living daylights out of it, so not it's not even
feasible for me to even try to sell it. But the problem is they left me homeless, which was bad enough, and that I just wanted to be able to get my personal property out here.
Let's stick to that.
So Dmitri, you dealt with this on this guy's tools, almost verbatim. It was another motor home deal. They towed it, but all the guys tools were in there, and that's how we made a living. And I think it's at the same point, right.
Yeah, So in that matter, the guy was never allowed to get into the into the motor home because he didn't have registration or title to it. All he had was a bill of sale. But the Denver sheriff said that, hey, you know, as far as we know, that's a fake bill of sale. Of course it needs to be official, so I agree with that as.
I do too.
So, Shelley, do you have anything to prove ownership of this RV? Do you have a registration?
The title we have time with your name on it? Yes?
Okay? Is there is there a registration? Also, by any chance.
The registration is expired, okay.
But it has your name on it.
Maybe that's why it was so.
But and the last question I have four you is how do you know that you moved at seven hundred feet?
Because I'm a former math teacher number one, and I measured how far we measured to see how down we moved it two and a half blocks and that's more with actually twelve hundred.
Shelly, why did they just not that it was right? But why did they toe it? I really want to understand that you must have an inkling.
Well, yes I do, because obviously, I mean I'm talking to other people that live in RV's. The state of Colorado wants to get RV's out of here. Okay, they don't even want them.
And honestly, Shelley, if I owned a house or something you were parked in front of there. I mean I probably would have a problem with it, but I.
Was parks in front of my friend's house, which and there's a park across the street, so we were not obstructing.
I get it.
But the rules are rules. But here's the good news.
Yeah, so, Shelley, I still have my contact at the Sheriff's office, So if you could scan and email us your title and your now expired registration, I'll submit those documents to the Sheriff's office and I'll ask them to give you give you access to that RV so you can remove the rest of your stuff. When did a go into the impound yard?
It went in the mpound yard two days ago.
Okay, so it's still there. So yeah, if you can, if you can email that Kelly here, We'll give you our email address and show forward those documents to me right away and I'll follow up on it with the Sheriff's office two days.
You do understand that I did. We were able to go in there yestesterday, but they only I mean I fifteen minutes. It's just a ludicrous You just need a little more time.
Sully did they say you can come back for another fifteen minutes.
Another day, or did they say deputy his last name is my first name, ironically, Deputy Shelley. He said it would be up to him because I said, I said, can I please come back tomorrow? Because he told me he was going to have me arrested for trust happiness?
Why did they Why are they being so difficult with you? Did you throw it?
I mean, did you give them money?
Look, I.
Know they took your house and stuff, but did you get into like an altercation or threaten them or no?
I was crying and yeah, bagging and pleading them, So please let me get my stub.
What would it take to actually get your RV back?
Wow?
I don't want it back. I mean it's two hundred and thirty five dollars at this point, was to the fifty five.
Then it doesn't run.
It doesn't run. I don't want it back. They destroyed it. I mean the whole right windshield is completely missing. It wasn't even anywhere around. And the inside I mean I have pictures of what they did to the inside of They broke a lot of my stuff. I mean I have these little crystal figurines and things were broken and everything out of the refrigerator was just strewn all over
the place. I've had the same toad before, so the way the inside looked was it looks like they just ransacked through everything.
Yeah. I have a suggestion for Shelley. Shelley, yes is bow.
What was the story about the seven hundred Why were they concerned about the seven hundred and fifty feet?
You can't be in the same spot.
I don't want people living on the street, so so all vehicles are required to be moved. Well, I have a small suggestion.
I had a rental property in Denver and someone had similar situation. They put their camper on the street and uh, it was in front of my rental and I kept calling the police about it, and the uh, the person that was that was their only home. So the person and the police wouldn't tow it or get involved. Because the person that was in this camp or or RV called the mayor's office and had some sort of department for the initiative for.
Homeless Oh wow, and she she was able and this was this made me upset.
The mayor's office got involved and they allowed this person to stay on the public street.
In front of my rental house.
They gave some because I called the police department several times because it was kind of an iceore and they slowed. The mayor office got involved and it stays. So you may want to call the mayor's office and ask for the homeless division. There may be an avenue for you to maybe get your RV out.
Hey, Kelly, that's that's that's great advice.
BO.
So we're gonna get all your information. You're gonna give it to Kelly.
Dmitri's gonna reach out, and then I'll have Deputy Bo if he can find that number. If you know what it is, give that to Dmitri. So we got two avenues, but we're gonna try to like, what do you need? Maybe a half hour would that be sufficient? At this point?
Would be great?
And the poor woman only wants a half hour to get her stuff out. I mean, really, this this is kind of absurd if they don't do it. You know, this is Denver where Mayor Mike is the most liberal person I've ever seen in my life, and they won't let somebody in her position get their stuff for a half hour. What's wrong with this picture? How are you so liberal and act like you're the best people in the world and only wanted he.
Could work platform. Remember, he ran on the platform of solving the homelessness situation, and that pencil neck never got back to me when I was trying to help that other guy get his tools out of the impound yard.
He's a tool, That's what's going on here. He's talking out of one side of his mouth.
I might not agree with his politics at all, but when you get up there and say, hey, I'm going to fix the homeless situation and do this or that, and he won't even allow his officers, and they're his officers or guards over there at impound to give this lady a half hour to get everything she owns in life.
Mike, you're an ass.
Thank you.
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seven to seven to one help. You'll think you're his only customer when you choose Frank durand the real estate man dot com to list your home with Remax Alliance three all three nine two zero sixteen twenty two.
All right three O.
Three seven one three eight two five five.
You've been ripped off for taking advantage of Hey, by the way, tyree, call back.
You're up next.
But we had to help that poor woman get her stuff back. But John Fuller is in studio with us. He's a personal injury attorney. So give us a callback, explain what's going on, and we can probably help you. But to gist of it was he was sick and tired of working. John with a big company or a big law firm. He didn't tell me which one, but I understand what he's saying. And they said we don't
want your business anymore. But his side of it, and he just told me that during the break, what would you do in a case like this, not you as an attorney, but anybody listening out there. You hire a law firm you were injured, They take the case, and then every time you call up you got a different case manager. And I talk about this in your commercials, John, I mean, but finally you said, after I got the six new person working on my case and none of these people reach out and call me.
I've got to call them all the time.
So finally he said, I got a little upset and probably said some stuff I shouldn't have, and then I got a call back on we don't want your business anymore. I mean, that's kind of crappy. I mean, seriously, to have to deal with five or six people then you get fed up with it.
Now.
I don't know what he said to them. I mean, it could be outrageous, it could not be, but I mean it's kind of weird.
So just real quick.
And then I got to go to Stephanie. Can an attorney, a personal injury attorney that took your case, can they simply fire the client at any time?
Yeah, they generally generally can.
It's all going to come down, like every other contract issue, to what it says in the contract.
So give the agreement.
Yeah, in the fear agreement, it gives the attorneys a right to withdraw at any time. And so I don't know what was said, but I'm sure it wasn't a pleasant conversation. There's two sides to everything, of course, but yeah, I mean they can they can say, look, there's no way we're going to make this guy happy. We're not going to deal with our employees getting harassed or threatened or anything like that.
I mean, I'm not I don't know that that's what was said.
Yeah, but if that line was ever crossed, it's a line that you can't come back from. I just had one the other day like that, and that asked me to retake on a case and I was like, no, I won't do that to my staff.
You know, just too abusive, I mean, bottom line exactly. Hey, Stephanie, what's going on with this cross space?
So my house back to a Denver public school. They built a soccer field and when they built it, and they put more soil there and made me property higher. So now I have a swell behind my house that's feet higher, so all the excess water comes back into my property. And I've been dealing with this now for seven years. Oh my god, it's oh yeah, no, it's getting progressively worse. And I didn't I couldn't figure out what it was happening at first.
Well, it was.
I want to pull this part out of it, because you said it was the school. If it was just I just from doing the show. I can tell you a few things when someone builds something up. And once again I'm not talking about the government, so this could be different in John, maybe he knows something on that. If not, we have another attorney we can get on. But when you develop something and you're going to change the flow of water or storm drain or anything, you
have to have a plan. So you put that plan together, than someone in the city or the county or wherever sign off on it and say yes, that's acceptable, then you know, you build it whatever it is. I don't care if it's a house next door or a soccer field or whatever. You go out there and you actually
build it. Now, if the water does go the wrong direction and ultimately ends up hurting someone else's property or like in your case, I mean like getting into the crawl space or into the house, it's a pretty tough fight then because they did follow the plan. So the first thing typically you would do is find out if
the construction followed that plan, was it done right? Because if the county, and tell me what you think about this, John, if the county signs off on something when it comes to the flow of storm water and they screw up the engineer screws up. Where does that generally, where would you think that would go back on? I'd either say the county itself or the engineer that did the plan, or or too bad, so sad.
Well, I think no matter what, so much time has passed that the there's gonna be no chance of going back now and dealing with that. I think as long as all the rules were followed, there's a very little recourse.
I think so too.
Or surface water running off onto an adjacent property. I mean, I don't I don't know everything.
It's getting progressively worse, I'm sure, And I mean, let's let me just tell you. It goes under my I have a carport. It goes under my car port and rises up, so I have like watermarks across my carport.
Is it just your house, Stephanie.
Have you tried to do anything with French strange or to mitigate the damage at all, or even a big sump pump.
It's in both of my neighbors. It goes because it goes all the way to the front of my property. It's cracked the street in the front of my house. I mean, we're not talking a little bit of water. We're talking a lot. I had a civil engineer come over last year and do a survey on my yard at the backyard to make sure it wasn't had because they turned around.
That Oh it's mother nature, what they said.
And they're like, you know, water moods and stuff like that, and it doesn't have anything to do with me. And I have a support wall in the back of my house that was built the same by my house was in nineteen fifty seven, and when I bought my house nine years ago, that wall was in perfect condition. The wall is leaning towards my house by thirty degrees.
And my sense, yeah, but you're in that case.
I mean you're talking almost what is that seventy five years and I get it, it's all from there. But Stephanie, here's what I want to do. Hold on a second. I want to get Bradley O'Brien on. So I want to ask him because this is the kind of attorney you would hire for something like this. So let's ask him his advice. Is it passed the statute to limitations? I mean, I've got a ton of questions on this. I just don't know the answers to, but he will do.
I do want to ask you this. So, have you literally just called Denver or whoever built a school or is in charge of that soccer field being done, and had a real conversation like this is crazy, and what do they say?
Are they the ones telling you it's just mother nature?
I have called the school. I have called wastewater. I have called stower water. I have called I have electrical pulls on the prop my property, so I have called Denver Electric.
I have called the Have you ever hold on have you.
Ever called the city and County of Denver themselves? Yes, I assume it's their property. And what do they say?
They?
Okay, so they all say it has nothing to do with them. So wastewater says, because the water isn't flowing over and up above that it doesn't have anything to do with them. And I'm like, oh my god, this is insane. If you come and look at my property, you will be in in regard to you saying it's not still a case to seven years, it's going it's ongoing dammage.
Now, I'm just talking about arguing anything that happens to a wall or retaining wall over a seventy five year period is a hell of a stretch to make.
I mean, that's that's all I'm saying.
I believe it has to.
Do one with the soccer field. That wasn't my point on that.
I'm going I just don't know what you do on a wall that's seventy five years old. It's starting to move.
But hold on a second. Let's try to get Bradley O'Brien up.
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All right, three oh three seven one three A two five five.
Kelly's still trying to get Bradley O'Brien on, So you just keep holding there, Stephanie. I want to get the attorney on with this.
Now.
This say is working with Doc by the way, we have two lines open three zero three seven one three eight two five five Any questions for John on personal injury? Is the guy with the basement inslation, So give me give us a little update though, what not an update before I go to him? But what was the initial call?
Doc?
Well, he was he was trying to finish a part of his basement.
Oh yeah, I remember this one.
And he was having some trouble because they want them to do the entire basement yup, and not just the area that was going to be finished.
Yeah, so it's it's it's kind of crazy.
So Keith called in I think it was even yesterday, it was yesterday, and he's just doing one room down in his basement. So when you walk down the basement stairs, there's basically the room, and he finished that room. It's going to be a bedroom. He's done the electrical, he's done the mechanical, everything passed the inspection. Proper windows yup, he's got the egress window. He's got everything he needs to do, and everything more importantly has passed inspection, the framing, everything,
he's done plumbing, so he does insulation. Now when you do insulation, once again, you got a call for you got to pull the permit and you call for inspection. He came out and the guy failed it. The reason he failed it is says you have to do the entire basement, not just the room you're doing. And he's like, well, I don't have that kind of money to do the entire thing. That would cost me about another ten grand. So, Keith, what is the newest update on this?
Hi?
Tom So, I got a call from the county from his name is Mike actually, but he called me and said that he's gonna go ahead and then approve me to go on to the rough drywall portion.
Nice.
However, however, he's put it just as a note. They still are going to request that I have to finish the entire basement, not only that.
Well wait a minute, just so, just so everybody understands, you mean the entire basement, just the insulation on the on the outside walls.
Well, that's what I originally thought. They added another one to it. They now because I have TGI floor Joyce that separate the basement.
To the upstairs. Yeah, they want me to all the.
Unfinished area that I haven't touched the thing in yet. They want me to insulate everything between the tg ice and that's going to cost about twenty two thousand for all that.
So but they're going to sign off and let you put drywall up and complete it. So how are they going to No, No.
They won't let me complete it. They won't let me call in my final. They won't approve the final until all the insulation is done, plus the insallation. Now they want between the TGI.
Now a big kicker on.
This, Tom Keith, Keith, Keith, hold on a second, man, you live there, This is like your primary residence, right, correct, So when you are allowed to finish that room, now, let's just get really back to basics.
Correct, Well, not without inspections.
I'm not going to be able to get an occupancy.
And I understand on the CEO, I got that. I heard that. Believe it or not, I heard that.
But they will let you. It sounds like they will let you finish this project. What they're saying is you're not going to get stamped until you do the other stuff at the very end.
Is that?
Am I correct?
So you can finish the room and use the room, but they're basically not going to do a final.
They won't issue an occupancy.
So basically technically is even though I'm finishing it, I've got to finish room down there. But technically they I cannot allow somebody to stay down there.
Because of some but you can't.
We agree, they're not going to be sending the police out there to see if anybody's down there. Basically, here's what I'm hearing you say, and I don't think you're hearing the same thing, which is crazy, because it's you i'm hearing it from. I think he's saying, Look, we're going to let you finish this, but you're not going to get the final until the insallation's done. And during the phone call yesterday, you were eventually going to do that insulation anyhow, weren't you.
You just didn't have the money for it right now.
Right framing it down so every six months you'd have to pull an inspection, whether it fail or pass, to be able to for that permit to keep continuing every six mont.
Why wouldn't you just let it lapse at that point?
Though then I would pay a fine port and have to reopen it and start the process all over again. He said, it just there's a lot of red tape. This is what he's telling me.
This is what he's telling you.
I think I have to say, is this almost build in two thousand and one?
They Yeah, they've changed the building coach.
No, even back then, this home was up to that code. They he his exact words to me. When that home was built for the original occupation, for the original occupancy for it, they should have accept or should have asked and requested for that basement to be insulated. Yeah, but they missed it.
That's fine, I get it. That's twenty four years ago. You're not going to do anything about that.
But now they're trying to make me do something about it.
I get it. But there's no relevancy to what happened twenty four years ago with the builder. I mean, that's not even it's really not even a part of the conversation.
Hey, it sucks.
I have a question, are you are you trying to wrect out that room.
No, it's gonna be for their.
Right, So who's going to know?
I mean, why why wouldn't you just use it and don't worry about it if it's just going to be you know, friends and family.
That's what I was trying to ask him. He's saying there's going to be all these penalties, and he got to renew a permit every six months and all these other things, and I really, you know, I'll go back to that same question now the doc asked it, But why why simply just get it finished or get it ready for use and then don't worry about it, don't renew the permit, don't do anything. It's not like they're going to come knocking on the door.
Right.
But now, let's say life happens and in two years I decided it's not finished and I'm going to sell the home.
Yeah, then you then you've got to finish it, or actually you still don't. You simply have to disclose what happened. A lot of people people don't realize this. You can do your own work, you can finish your own basement and not pull permits. But when you sell the house, you better you better tell whoever's gonna buy it, you better disclose it.
So you simply disclose it. Hey, I did this. They wanted me to do insulation everywhere else.
I wasn't ready to spend forty thousand dollars, so we just did this part and we never got the final permit. I mean, that's it's not that big of a deal, Keith. I mean it would be nicer if everything was done when you go to sell it.
But I don't think it's that big of a deal.
I mean I really don't. In fact, Okay, let me do this. I want to try to. I want to try to prove it to you. Let's get Frank Ran, the real estate man on. I want to get a real opinion on what the disclosures say and does he really think that's going to be a big idea what he sells? But just hold on, all right. I like the fact they're just going to let him finish on it. But let's see what Frank says. And Keith, if you want to just listen in. I mean, John, everybody in
here has owned a house or at one point. I assume you've owned so many rental properties.
Bo you still do.
I have a suggestion for Keith, what is well? First off, what municipality is.
This in Hey?
Where is it?
Where is it?
Keith?
Isn't it Denver? Oh that's right, Adam's County.
For Keith, I just just let it go.
And then the fine for renewing a permit it's only like fifty two dollars.
And you wouldn't have to do that for whenever until you're ready to finish it.
And there's another thing. If it's a financial hardship, you can go to that county and request a hearing with the appeals board and get a variance.
And we even talked to you, We talked to you about a variance yesterday. Did you even pursue that?
No, I know, I just got a call from him yesterday.
I would do the paperwork on it. Man, go request it, just like BO said.
I mean, just say, hey, you know, I don't have the money for this, but I do want to hear on that realtor aspect of it. But Bo, where I was going with you is, or with John, or with anybody in the room. Over the years, I mean, have you not done work in your house where you're supposed to pull a permit? It did not.
I don't care if you were ever.
I refinished my whole game exactly. I refinished my whole basement without a permit. I did too in my last house.
Perish the thought.
I mean, I hired electricians, I hired everybody that knew what they were doing. So I didn't worry about that, but I didn't pull the permits.
And when I eventually sell the property, I'm just going to put on the real estate form that no permit was taken.
Yeah, you just basically we'll talk about the disclosures. Let's take this break so we're not up the top of the hour. I got two lines open three zero three seven one three A two five y five.
Go with a sure thing Denver's best roofer Excel Roofing dot com. You don't pay a cent until you're content. Time for an insurance check up free, no obligation. In comparison, call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right, three oh three seven one three eight.
Two five five. By the way, join us on YouTube at any time. We always have conversations going behind the scenes. During the breaks. You can hear us talk just to give you the idea we were talking about diving during this last one. But now I want to go back to Keith in his basement issue and I'm going to kind of lock him up. But I brought up her expert, Frank drand the real estate man. First of all, Frank, how are you doing, sir Mark good to hear.
Of your friend.
I'm doing great.
We're running like crazy and putting these homes under contract right unless it's been really good, thank god.
Anytime I talk to Frank, it's crazy. So we do advertising for Frank and I personally speak for him all the time. And what's really funny is anytime I talk to him, I'm like, how's biz? And it's crazy because it's busier and busier. I'll talk to other realtors that are like, well, they might get one or two listings a month, maybe, Frank, I swear there is weeks where you'll get five to ten listings. It's absolute lutely amazing, and it's because of how good you are.
I don't care what anybody says.
You get more than the average realtor for the house, and you sell more than the average realtor. Isn't it isn't it?
Really?
What does the average realtor selling a year.
Frank, you know, statistically, I've seen stats that says the average realtor closes less than maybe seven transactions a year.
Sees Yeah, so that's ye.
That seems to be pretty pretty typical. I guess, you know, for average.
Now, I love how he will never too to his own horn. He would never answer. He knows my next question, but he's not going to go there. How many did you sell last year? Let's take something very recent.
Oh, gosh, we closed gosh a little over I think one hundred transactions market and back. We just put ten under contract listing size plus buyers. So we've been moving them and getting good prices and all price ranges.
All right.
So there.
I mean, that's why I talk about you all the time. I want people to really hear it. I always talk about those stats, but I'm way off. I say, you know, you sell way more in a month than the average. Wiltear way more. It's not my numbers are even wrong. I gotta update my copy. But let me ask you this man, how many times are you selling a house where someone did a bathroom and they didn't pull a permit upgraded a bathroom or probably the biggest one out there.
And what we're talking about with Keith right now is actually did a room in the basement. Now, he did everything properly, So I want to explain something to you, Frank. He actually had everything inspected, he's had electrical, he's hired the right people, he's had the inspections. Denver comes over and checks or I'm sorry, Adams County comes over and everything has gone perfectly. They got to one part, which
is the insulation. And because things have changed or because the builder twenty three years ago did not do the right thing, they he needs to insulate all kinds of things besides the one room he's doing in the basement. So bottom line is he's going to finish it up and he's not planning on moving right now. But when he does go to move, he's going to have a beautiful room. That's been the electrician and everybody's signed off on.
But he's never going to get the final. Let's say he never gets that final on that job or on that permit he pulled for that room because he doesn't want to insulate the rest of the basement because it's going to cost him twenty forty thousand dollars whatever it is. So when you list a house like that, I know there's a disclosure for him, but in reality, to people
care if it was done right. I mean, everybody would love to see the final in the permit, But how does that work in the real world when you're selling that house?
Well, you know, Mark, great question. In fact, I'll tell you there's a number of these homes we sell in that situation. There is a spot on the seller's property disclosure and it specifically says that or it asks if there's any additions or non aesthetic alterations made without a building permit. So if that's the case, you just simply Mark, yes, you explain the situation. And you know, I can't even recall any time I've ever had a buyer just not buy a house over that. I've never had one not
to close over that. So I think the key is just disclosure up front and everybody's happy.
Yeah.
So, I mean, do you have any questions after here and a guy that sells more homes than virtually any other realtor in the.
State of Colorado per year, if.
Not every realtor, Keith, I mean, he's saying and he's saying out of the thousand homes he's sold, it's never been an issue.
Well, I guess my biggest question, My biggest concern is what's led to this whole conversation. So I bought it at the three three bedroom, three bath homes. So now it's a four bedroom and it'll soon be a you know, a four bath home.
So different wait wait, wait, Keith, different issue because I'll tell you why it's in a basement. Frank, please explain that.
In other words, if it's a nonconforming mark, is that what you're asking?
Well, it's actually conforming.
But my understanding was if it's in the basement and you added it on the basement, doesn't count for the square footage.
But that's that's why I have you on.
Frank. I like when you list it now that it's four bedroom in X amount of baths because he's doing these, I mean, how does that work.
The only key mark on that is.
You just disclose it.
That's all this is.
You can show actually what the square footage is, but then put the disclosure in there that there's no permit.
Or okay, listen, I'm sorry, hold on. I'm going to put you both on hold if you want to hang. Hey, Frank Durand the real Estate Man Frank Duran Homes dot com. Frank, if you want Kelly to call you back, She'll get with you. Keith, let Kelly know if you want to stay on and Stephanie hold tight.
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Time for an insurance check up free no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three O three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real Estate Man dot com. List your home with Remax Alliance three all three nine two zero sixteen twenty two.
Ripped.
Welcome back to the only show of it's kind on the radio. This is the Tom Martinez Show, where they've been solving problems, answering questions, and taking complaints for consumers for more than fifty years. If you can believe that, my name is John Fuller, Mark has stepped away from the microphone for a moment. He'll be right back, but in the meantime, the you know, the Fox is away, it's time for time for the John Show right now. So we've got open lines. We're here to help you.
I am a personal injury attorney here in Denver, and if you have questions along the lines of accident cases, I'm always available to help answer your questions and help you know steer you in the right direction.
So give us a call.
The phone number here is three oh three seven one three eight to Today's a special day for my firm. For the last several months, we have been working on a new website. I wanted to direct everybody's attention towards that. And if you could just bomb the heck out of my website and let Google know that we're we're here and we're proud of This site is www dot personal
injuryco dot com. I would like for there to be at least five thousand people out there that that type that you are ln and go to the web page let us know what you think about it. You can either fill out a comment on the on the site itself, send us an inquiry if you have a case that we can be of assistant. Song We'd love to hear from you and if you want to give us a call here on the show and talk about that, you're welcome to as well. We've got lots of crazy stuff going to the world.
Questions for you.
Yeah, would you recommend that everybody if there is in an accent that wasn't or even if it is at fault, at least go to that primary care doctor if there's any chance of an injury that might not manifest itself right away, what would show up a day or two later.
Yeah.
So the thing to keep in mind with any sort of injury case is that you have the burden of proof.
Okay, so what does that mean.
That means that that we kind of start from a default position that you're not injured and everything is perfect, and we're going to maintain that position until it's proven otherwise,
and you have the burden of proving that. So the reason we tell people to go to the doctor right away and to get checked out just as an abundance of caution, is because if you wait a couple of weeks and something comes up that you absolutely know is related to the accident, you're going to be criticized for taking that two weeks as a failure to mitigate and that's actually a defense that the defense brings up in our cases down the road. And it's not just a
little two week gap in treatment. It can be not showing up for treatments. It can be you know, waiting and doing home exercises or doing some non traditional, you know, therapy method that you got off of Google or something. Any of that stuff that you might do is going to fall short of being able to prove that the accident injuries were reasonable, necessary, and related back to the accident. So whether it's an urgent care center, the er, your
primary care doctor really doesn't matter. It's the fact that you now have a record that shows that you complained about these injuries and related them to the accident.
So yeah, so proximity is significant.
Well, proximity, causation relatedness, everything like that Temple proximity.
Absolutely it is.
And so you know, we see some health organizations that just really don't want to be involved in cases and they take these absurd positions like, well, you know, I don't need to be concerned about causation to know, you know, the diagnosis.
So what does that mean? That means you can you can wheel a guy in out of.
An ambulance that just came from the scene of an act accident with a broken arm. And we've got some practitioners in this state that say, I can look at an X ray and diagnose the broken arm, but I have no idea how it got there, you know, And I don't need to know to be able to diagnose
that that broken arm. And so against that mindset, you need to always be thinking that we've got to document the temporal proximity, meaning the relation to the time of the accident with the onset of the injury and everything else. The better you do that up front, the better off we're going to be down the road, and the ability to prove those damages were caused by the accident, you know.
Okay, John, have a suggestion. I think you should give out your website another time because it.
Went quick crazy.
Personal Injury co dot com CEO stands for Colorado Personal Injury COO dot com. So go on there, take a look.
Let me know what you think.
The goal in our website is to have a a source to go to and get most of your questions answered, but more than anything, to let you know that you're not alone in what you're going through. When you're having challenges with the insurance company. It's not unique to you. The entire system is set up too, you know, for the insurance companies to be able to dispense with these
claims as cheaply as possible. We had a gal on the radio show yesterday who who you know, had suffered injuries, had been to the doctor, but didn't really know that she had a case, and nobody at the insurance company ever told her. That's the oldest trick in the book, is to not tell people that that, you know, there may be a cause of action here, there may be a claim here, maybe we're we're responsible for those medical bills.
The insurance company perspective is that if we just don't tell them, yeah, nothing, some of those people would just go away and they'll never know.
And so that's a problem. And so you have to educate yourself.
And we hope that our website is a source to have a bunch of those questions answered. Other issues that come up frequently, are you know, down the road issues of you know, does my insurance company actually have to get paid back? Why would I pay a health insurance company when I've been paying them premiums? All these years and stuff that seems crazy to a lot of people, but it's true and it's an important thing. And if you don't honor the rights of that health insurance company,
you can find yourself in trouble down the road. Either they'll come knocking on your door to actually get repaid in the future, or worse shit, perhaps you have a condition that's still somewhat related back to the car accident a few years down the road, and they won't pay
for it, and then you've really got a mess. This health insurance that you've had for years is saying, no, our duty to pay for that went away when you failed to honor our contractual obligations back when you had that little car wreck and you had no idea that a big surgery was going to be on your horizon.
So, John, if you get injured in an accident, that's your fault. Who who does your insurance cover that or not?
As far as the medical bills. Yeah, So the only part of your assurance.
Yeah, the only part of your insurance that would cover an accident that you were at fault for would be your medpay provisions or something like that. Those are not fault dependent, so they're going to pay out no matter if you were at fault or the other guy was at fault. That's the really the cool thing, or one
of the cool things about medpay. Your health insurance only has a right to get repaid when there's some third party that you're going after that you're going to then collect benefits from or collect damages from that are based in whole or part on the existence of that medical treatment and that injury that was related back to the accident.
John, you know, one of the questions I have for you is regarding what to do right after an accident, regard of whose fault it was. If I'm insured and I have med Pay, and I go either to the er and an ambulance or on my own, the first person I see is going to ask me about insurance.
Should I avoid telling them that I have med Pay, And should I avoid giving them any of my insurance information until I can get a hold of you later on so that you can take over and start renegotiating all these medical bills.
Yeah.
So I'm never going to tell somebody to deny that you have any particular coverage. But my preference in almost every circumstance is that if you have private health insurance, give that to the hospital. Let that be the starting place, and then we'll go from there. Because the medpay to a certain degree has a priority based on who comes asking for it first. Okay, and you may not know that as you're sitting there in the er. It may be the ambulance that wants to get paid, and it
may be the er that wants to get paid. The problem is if you don't know that, it could be the case that the er has already built and exhausted those benefits before you got the bill for the ambulance that maybe is not covered by your health insurance. So there are very very legitimate reasons why you want to kind of keep those cards tight to the chest and at least evaluate your position and figure out whose priority really is the most important one and needs to be paid.
There are also issues with respect to repricing of medical care. I don't think it's a secret to say there's a you know, a moving target on what the price point is for various procedures.
And so as an example, we were.
Talking earlier about cat scans, MRIs that kind of stuff. I mean, you can literally get an MRI in Denver for as little as six hundred bucks, or you can get almost the exact same you know, MRI and have it build out it close to ten thousand dollars for the exact same procedure. It's the only thing different is who's paying for it. So that's crazy. But in my mind, I don't want my clients to pay five or ten thousand dollars for something that maybe they could get for
six hundred or a grand or somewhere in there. So part of what we do, you know, I've said for years, if given the opportunity, I really think I can put you know, an additional thirty percent of money in people's pockets just because of how we structure the use of our benefits and stuff. That's part of it is making sure that we're not paying too much for the identical
service that we can get. If we just play with the order that things get built and who we get that service from, we can radically alter the end result of how much we owe to these providers and how much we owe in reimbursement to our health insurance.
John.
The second question deals with my dash cam in the event of an accident. Let's say it's a serious one and the police respond and a policeman notices that I have what's left of a dash camera hanging out of my car. They what are the odds that they're going to request that memory card? And if so, am I
required to give it to them? And the reason I bring that up is that memory card is going to contain critically important evidence in support of my case, and I would rather not trust a random cop who's got three hundred other things to do with a memory card that is smaller than a dime. So what is a legitimate way for me to deny giving the police that original memory card?
Yeah, so that's a really complicated question. And to be honest with you, I've never had a police officer directly ask somebody to give up their memory card. I've never seen that happen. So, and what I'm thinking of, just off the top of my head is I've had plenty of accidents where where they initially write up the at fault party for not having proof of insurance. They absolutely had insurance and they just didn't present the officer with proof because maybe they were busy in the.
Ambulance or something.
And the police are not going to go rummaging around the car because that's a search, and they don't have the probable cause that gives them the ability to go search. So I don't think that there's any circumstance. I shouldn't say there's no circumstance. In most accidents, there's not going to be a circumstance where they could go in your dash cam and just physically remove that without getting a warrant or you know, having some consent to do that. So I've never had a police officer do that. I
can't really fathom that they would ask for it. If you know, I've had people that were not related to the accident at all come walking up with a SIM card and say, I've got a dash cam.
I've got it right here on this car. Do you want it?
And they hand over the video. Sometimes that's great, Sometimes it's not so great.
It's like a fifty to fifty odds.
You just don't know when you put that card.
It's great for identifying the truth.
Listen, I think right, I mean, you know, dash cams are incredible. I'm a rear facing dash cam on my bicycle. That's how much I think it's it's incredible.
Is that?
I mean, there's just no substitute. I'll tell you the truth.
I've gripped about this so many times when I started practicing law twenty five years ago, and we would have accident cases. I don't recall that we ever really had well, I can't say we've never had it, but but true liability, he said. She said disputes were almost unheard of because the cops would would really investigate and go out of their way to do that. Fast forward twenty five years. I think there's a number of reasons. I mean, the police are shorthanded, they have a lot of stuff on
their plate. They just don't have the opportunity to really get into investigating some of these true, he said, she said, And so they don't write anybody a ticket and they send them down the road with, you know, with the police report that basically says I don't know who was
at fault. And I'm telling you, even though there may have been witnesses and there may be an easy way for them to figure it out, if they don't go that extra mile and do it, you're looking at a case that's going to cause huge problems for those injured parties because the insurance companies only have to go by what their insurance says, and if the other you know, the other party says, oh, it wouldn't my fault, I didn't run the red light, they're going to deny liability
on the case. And the only way you're ever going to prevail in that case is to go to litigation and proceed to a jury trial and convince a jury of that, which I'm telling you is going to be very difficult in the absence of you know, cameras or witnesses or other evidence that help support that. So back to your question about dash cams. Many times that's the difference completely between a case that can't.
Be resolved and a case that absolutely.
You've made a believe right of me. You know, probably six months ago I went out on board to dash at. It was one hundred and fifty bucks, but it gives you a great peace of mind.
Yeah, I totally believe in them. We're gonna go to a break right now, We'll be right back.
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Find out now three oh three seven seven to one help.
You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right, three oh three seven one three eight two five five. John Fuller of course, joins me, John, I just checked out your website. You put some money into that.
You updated that thing?
Did I did?
It looks absolutely great, man, fantastic.
I love the top. A five minute call could get you thirty percent more. It looks like you got a new free case review. You got a lot of your own reviews on there. I got to leave one for you on this.
How come all the testimonies up from women?
Yeah?
Personal checking in people out here, people out there, especially YouTubers, check it out. Personal injury ceo dot com. I'd love feedback on it too. What do you think?
I mean?
You know he's a personal injury attorney, but I think it looks absolutely beautiful.
Did a great job, Thank you.
Yeah, it's got a lot on motorcycle accidents, bicycle accidents, car accidents, types of cases you handle. I'd love feedback. It help a troubleshooter dot com. But check it out Personal injuryco dot com, Personal injuryco dot com. What do you think of the website? Now? Who do we have? Who do we have on here?
Hold on, Charlie, Charlie. Yeah, I was just talking about dash cans.
Hey, Charlie, go ahead, sir, Yeah, just was curious.
You said you have a a dash cam for for your bicycle, but it faces rear I do. What What I mean is it's specifically designed for for bicycle.
Absolutely it is.
It's made by Garmin, and it actually has radar that's rear facing. It lets me know when cars are coming up behind me. And it has an active camera that is in there. And then the event that something ever happened, it would you know, it would be recorded on that on that device.
Okay, And it has an easy way I mean we're talking bicycle, bicycles.
Right, yeah, road bike.
It looks pretty cheap too, like one hundred and fifty bucks, more like three hundred, but it's uh oh, I see that's just one part of it.
Yeah, it's a it's a very cool technology.
Here.
It is right here at ri e I Garmin Verrea ye rear view radar with camera and tail light back.
Yep.
That's pretty cool. And it looks like it just mounts right on the bike.
Yeah, right on the seat stem.
Yeah.
Are you a bit time bicyclist.
Yeah, oh no, I got a grandson that is.
Hey.
I think it's money well spent. I like it because I can't always hear the cars. I mean, you know, you got people like Mark out here in his electric car with license plates that are like I go fast, get out of my way and stuff like that on there, so you don't really hear those guys sneaking up on you. So I think that, you know, the little notification that it gives me on the on my little bike computer that everybody has a bike computer is well worth it.
So it's it's a cool technology. It's not that much money, and if anything ever happens, the cost of you installing that to get a video of it is just nothing compared to the benefit of it.
Yeah.
Yeah, all right man, thanks Charlie yep, Garment, Yeah, all right, thank.
You, Garman. It's they selled at ari I or of course Amazon three O three seven, one, three, eight, two five five, John, you went long on that first uh segment.
I know, I'm just a rookie. I've never you know, do the best I can.
Yeah, Hey, that website personal injury CEO looking at that down at the bottom the different kinds of accidents. And we just talked about bikes. I mean, a bicycle that hits a car, what happens? Because you're not gonna have insurance on your bicycle. But if a bike hit you know, a brand new Mercedes or something and causes you know, five six grand worth of damage to the door, if not more, or even one of those scooters, you don't have insurance on those scooters downtown.
Do you know a lot of times that's when people's homeowners insurance will kick in.
That will kick in a.
Lot of times. Yeah, it's crazy, but it's true. Now, not everybody has a home or homeowners insurance, so you run into that sometimes. But I've had cases where we have actually gone after damage done by a bicyclist where we've used a homeowner's policy to cover that, yep, and it works out, and it worked out yep.
Well, you just hope they have some form of insurance or you know, at least a houks ya lot want people that don't want.
In particular, a lady was hit by a bicyclist on a trail. You just got run over by this guy, and we successfully went after the home owners insurance.
How bad was she injured?
Pretty bad?
Like really, Like that's crazy.
I wouldn't recommend getting hit by a guy flying down a bike trail, you know it's.
I always thought if you got hit by one of those scooters. Now, I know they can't throttle up to thirty or something, but man, they're pretty heavy, those little.
Heavy and they're fast, and you know, yeah, you don't want to get hit by.
If you had any cases where someone downtown getting hit by one of those scooters, I have not.
I have not.
I wonder when you ran them through like Uber or Lyft or wherever. I think I think some of them are through the Uber app. In fact, I know they are because I've done it before. I wonder if there is any insurance coverage when you when you rent them. I doubt it.
Yeah, I don't know. I can tell you this.
I mean I've had a few cases where things have happened on those scooters where like they'd hit a little bump and the thing just falls apart and they get bad, bad injuries. And I can tell you that the releases that people sign for those stupid scooters in the app so comprehensive and far fetched and far reaching, and there's so many layers of foreign ownership on those that there's virtually no chance of you recovering for like a product liability theory.
You know, something like that. Give me your thoughts on this. So I was in an Uber yesterday. I had to drop off my RV to get some roof work done, and Suzanne had to be here. So I was like screwed. I didn't even know I was going to drop it off, but I had to get it right, so I Uber. Oh, and I have my dogs with me, so I had to get an Uber dog thing. So I had to go from basically Commerce City all the way to Franktown and it was only like sixty bucks. I mean, I
couldn't believe how cheap it was. A TAXI probably would have been six hundred bucks, But that's not my point. My point is this. I'm talking to this Uber driver because we're together so long, and he's got a Tesla Model three and I'm watching him drive and this truck comes over into our lane on two twenty five almost hit him, but to Tesla jump and he jumped and we were fine. Nothing hit there. And I started thinking, if I was an auto drive, the car would have
actually reacted quicker than him. What happened with his is when it got really close, he kind of jerked it and moved out of the way. It wasn't his fault. It was definitely this huge tractor trailer truck. And I mean really, it was pulling a trailer. We could have been under that thing. We could have been killed, but everything worked out fine. And I thought of my autopilot. My autopilot would have reacted way quicker than what the human did in this. And I'm not saying he's a
bad driver. I might have reacted even worse than he did. I mean, I don't know. So I asked him, I said, do you ever just use a full autopilot on this? And he goes, now, it would be too slow. And there is some truth to that, like when you're an autopilot full self driving, it's not going to go over eighty five yet simply won't go over eighty five and good. There's some other stuff like there's no California stops. When you come to a stop sign. You will come to
a stop sign. Now you can hit the gas and kind of tell it to do it and kind of break the rule. But you know, if you're not touching the gas or the steering wheel, it's simply gonna come to a one hundred percent full stopped to go. But I started thinking, these taxis, this guy's gonna have elon musk. These are going to be probably the safest things in
the world in any accident. If that truck did hit them, every single thing is on one of like the eight cameras on that vehicle, right, I mean think about that, you would actually have the video of the truck coming over. It's remarkable. That could really change eventually your industry. I mean, oh absolutely not in your lifetime, but I see a
place where car accidents pretty much aren't happening. You take out that human element, and with the exception of a hacker breaking in and like doing something.
You're absolutely right. But there's no way we're ever going to get to the point where you flip a switch and everything is on auto drive all of a sudden so Stull got this, you know, Yeah, these grandfathered in Oh, of course gas.
If they can't afford a new one, they're not going to get one, And you're not gonna tell people they have to.
That's going to be the case for the next thirty or forty.
Years, easily. But what I said is I can see a time I can I'm not saying our lifetime. But it's getting kind of strange.
All right, Everybody hold tight.
I got to do this, and I promise I'll get back to the phones.
Go with a sure thing Denver's best roofer Excel Roofing dot com.
You don't pay a cent until you're content.
Time for an insurance check up free, no obligation comparison call Compass Insurance paying too much your coverage at dozens of insurance companies find out now three oh three seven seven to one help. You'll think you're his only customer when you choose Frank durand the real estate Man dot com to list your home with Remax Alliance three oh three nine two zero sixteen twenty two.
All right, three oh three seven.
One three eight two five five. What do you guys think? What do you guys think? When it comes to consumer issues. The number one problem people face right now. Number one just consumer related, money related. Let me put it that way. I'll give you an example, but I don't want to give you the best example because that's the answer to it.
I would just say fraud.
I mean, there's so many opportunities to be scammed out there. There's every one in the world on email and just everywhere you turn.
Have you ever been scammed?
I've certainly had a zillion scam emails come my way.
Have you ever fallen for one?
Yeah, I'm sure I have. I don't recall specifically, but yeah, absolutely.
I had a guy ripped me off big time.
Well, that's happened so many times I can't even tell you.
Yeah, let's hear it, Mark, how did you get ripped off?
I had a general manager over five of my good years that opened a store on his own while he worked for me, using my credit and my dollars. He got me for about a quarter million bucks.
Wow, and he opened his store without your knowledge.
I had no idea it's his own store. He bought tire equipment, he bought an alignment rackies a ball. My head's gonna block just thinking of Gary.
How did you run a store without running yours?
He was a GM he was the one running the five stores and then run.
I had enough time to run his own on your dime.
No, he had not a brother in law son in law that was running the one he was opening.
He barely got it. Here's how I busted him. This is the craziest thing. So I get a call from NAPA. GPC parts everybody's heart of NAP. It's owned by GPC. So I happened to set up years ago before him. If something was over five thousand dollars one part, only I.
Could authorize it. And I get a call. Oh man, thinking of Gary drives me insane. But I get a call and basically the call goes like this, so and so at NAPA we have a five four hundred dollars part that needs a PO And I go, what the hell part costs that? I mean, I've never heard of this. I'm thinking, what could it be?
Even this is going back aways and they don't sell like transmissions or rebuilt engines. Okay, So what he had in order to use my credit he bought a not a Camaro, a corvette like a seventy something Corvette and he ordered through NAPA. He had NAPA order through Jasper Engines, so basically it would go through my line of credit. A Corvette engine. Okay, so up until then, my whole point is, we never would buy engines from NAPA. So, I mean, I've never heard of anything over five thousand
dollars for NAPA ever. So I was like, what the hell is and they told me what it was, and I was like a Corvette engine and then boom. Within about twenty four hours, I put it together. I started running audits on everything, including the checking account out and I figured out there was a big problem and I figured out who it was. So within a week's time, what I did was it was in the middle of
the night. I grabbed the locksmith because he had keys every store, and we ran around in the middle of the night to every store and changed every single lock. I didn't know who else was in cahoots. I didn't know if any store manager in coots or anything else. We changed the locks. I called the police. I actually, luckily listen, I'll tell you how good this guy was. Guys.
So when I first hired him, within two months, within two months of hiring him, I received a call from a guy that owned two or three Big O franchises in Colorado. He said, this guy is the biggest thief you're gonna meet. He is the biggest crook ever. But Gary already convinced me that he like slept with this guy's wife and his old boss might call and makeup stuff. He covered every base and he was the best sales guy ever seen. Sat there and watched him when he
was a store manager in my Castle Rock store. This guy could sell.
Anything to walk through the door.
He was great. He was good. And I don't mean sell stuff that wasn't needed. I'm saying when you give someone a laundry list, you need tires, brakes, whatever it is. I mean this guy could close every ticket. He was incredible. He upped that store by probably fifteen twenty percent in a good way, meaning not selling crap, doing it the right way, in a very short.
Amount of time. That's how he became the GM so quick. So but anyhow, then I just put it all together. But the guy from Big O.
What the guy from Big O didn't tell me or I wasn't listening to because Gary already got into my brain about him. Literally, I think he told me he slept with the guy's wife or something or something. It was something very bizarre like that, but he set it up perfectly. Oh my god, just thinking of this guy. So what happened this story about Gary's not so I
got to speed it up real quick. But so, he was already in the f federal system for payroll taxes and he was on probation for some form of probation, some form of probation before he worked for Big O over payroll taxes. But of course he had a story for me about that as well. But I knew this, so I reached out to his federal parole officer and I sent her all this information. He was writing checks, forging checks with my name on it, everything, So she
got involved. He ended up doing two and a half years in the federal prison system, and I learned this, You immediately get twenty percent good behavior unless you blow it. So he basically did about two years federal. His wife divorced him in the meantime. This guy was so crooked though he ran out before whatever he did with the tax evasion where the Feds were involved, right before he was in court okay, and got probate and everything. He was afraid he was going to go to prison for
a year or two. He ran out and adopted a child with his wife. The kid's name was Max. He ran out and adopted a child. Okay, was in front of the judge. We just adopted the child. Here's the kid. They pleaded the case. He didn't get any jail or prison time, didn't get any because of this kid. Apparently after it went over, I didn't even know this was a thing. They brought the kid back. Can you even imagine? And it's a true story.
That's dirty to do.
Even this is all from and where I learn all this isn't from Gary. It's the parole officer who is actually a federal attorney. It's not a parole officer. She was the federal DA or what are they called, United States attorney going after this guy. So I learned all about his past. Once he robbed me and he gets to two and a half years the next place he went and I got to finish his story here Gary.
So he gets out of prison on googling his name. You know, the guy ripped me off big time.
So I'm always checking up on him because if he gets back into the automotive business. I'm going to call up and warn somebody just like that poor Sap did to me. I'm gonna warn him better though. I'm gonna tell him how good the guy is. He goes to Schenectady, New York. He talks the mayor of Schenectady, listen to this into rehabbing these homes. So he goes in and he's gonna gut them. Then he's gonna use his people to rebuild them. He'll pay the property taxes, then they'll
split the profit after their rehabbed. I mean a lot of older communities do this. Everybody's heard of it. He goes in, he makes all these deals. There's one person where the news story came out that goes, this guy seems like a front. There was one guy on the commission there that just was like, this guy doesn't smell good and we don't want to deal with them. But
everybody else out voted him. The mayor stamped it. He goes in and his idea of rehabbing is he him and his crew crew stripped all the copper, stripped anything of value out of the houses, and split town. And here's how I found it. I was googling this guy, Gary Pappis. I'm literally googling him one day and I see an article on him Schenectady and this one guy that smelled them knew the guy was bad. Was the
guy in the article in the paper? So I read the article and sure enough, it was definitely the same guy. I mean, this guy was just a con and a creep from the beginning. I gotta take a break.
