[Music] uh people versus demarco law enforcement does not have the right to detain people without a judicial warrant. So they can't walk up to someone, detain them, to do whatever they want without a judicial warrant to be able to detain that specific person. [Music] Welcome to facts or frauds. And then I have Natasha Ballard versus D23 LLC. I'm here. Thank you. Um, your box is identified as V20. Are you When you said I'm here, are you Natasha Ballard, ma'am? This is Adahi for the respondent D 23. L. Hi, Miss Apati. How are you? I'm fine, thank you, honor. Thank you again. Um, the person who just spoke and said I'm here, is that Natasha Val? Oh, I think we've lost that person. Okay. I hope. All right, Mr. Free Up here. Yeah, you're not muted. Okay. Um, Ms. Apati, if you can be patient with me for just a minute. I I I think I the impression I got was that that person was Natasha Ballard identifying themselves. So, I'm going to give them a few minutes to see if they can rejoin the call. Um, and then we'll go from there. If you don't mind, feel free to mute or, you know, whatever while we wait. Okay. Yes, I did want to say that we did want to request for um to see if we could reach a settlement. Oh, like a breakout room so you could talk if she comes back. Happy to do that if we can get Miss Ballard. Looks like we maybe do have her back on the call. Miss Ballard, are you there? I'm sorry. This is from Dar Jerry Patty. It's D23, but I do have my counsel, Miss Adam, on the call as well. This This is Miss Ballard. I'm back. I was sent to a break a break. I I think Mr. for free. I've created a breakout room and and maybe everybody went to join it and it was it really should only just have been those three people. So, I apologize for that. Um, Miss Ballard, um, Miss Apati and Mr. is it Jadapati? Is that correct? Yes, ma'am. Yes, honor. Um, th those individuals are here on behalf of D23 LLC and they were asking if perhaps I could put you guys in a breakout room to discuss whether or not just briefly discuss whether or not there might be some agreement that y'all could come to. Is that something you would be willing to do, Miss Ballard? No, not at this time. Okay. Uh, Miss Apati, that that's the announcement I've gotten. So, can you um tell me, Miss Ballard, um what I'm not going to call your case formally right now. Right now, what I'm looking for is how long do you think that it will take to present um what you want to present to the court today? Um, to my understanding, has the court reviewed the affidavit that has been submitted? Yes, ma'am, I have. Okay. So, what can I expect as far as procedure? How will this hearing go? Well, so typically what will happen because you are the movement. You're the person who's seeking relief. Um, so I would call on you to make any presentation that you would want to make. Um, sometimes people choose to do that. Some people choose don't choose to do that. Um, but the idea is that if you wanted to explain to me what your position is in some shorter or different way from how you put it in the filings that you made, uh, and then I would call on Miss Apati on behalf of, uh, her client, um, to make a response. Uh, and then typically because you're the movement, I would let you have the last word. Uh, and then sometimes I rule during the hearing, sometimes I take it under advisement. Uh it just it just depends on the circumstances. Um but right now at this part of the hearing, what I'm typically doing is just asking the parties to tell me how long do you think it will take if you wanted to make a presentation to me, Miss Ballard, or if you want to rest on your briefs, you can do that. Um but if you wanted to make a presentation to outline verbally for me what you believe are the important issues, how long would that take? I I'm not sure. To my understanding with this hearing, I was under the um understanding that the m the affidavit that have been presented are fully understood and that based on what I have submitted that um there would be a proper decision and rule. Okay. So I I'm interpreting that Miss Ballard as you wanting to rest on the materials that you've sent and that's perfectly fine. Um, Miss Apati, what presentation, if any, did you intend to make? I'm just trying to get a time idea of how long this might take. Five minutes, y'all. Okay. Okay, I'm back. Um, Miss Ballard, Miss Potti. Okay. So, uh I I'm ready to take up the matter of the um Natasha Ballard versus D23 LLC, uh which is an appeal from a dispossessory order in magistrate court. Um Miss Ballard, uh as I mentioned, I have reviewed um the petition that you filed um with the affidavit that was accompanied that accompanied it. Um and so did you wish to make any oral presentation here at the hearing or do you want me to um rely on what you have submitted in your briefs which again is fine. Um you you may do whichever you wish. Sure. So from my position I filed a affidavit of priority interest in the property. Um, I don't understand how we can be at this point when I'm not a tenant and there's no contract for being a tenant. Um, the other party, the opposing party says that they have interest in the property, saying that they have a sheriff's deed, which is what we I mean, it's it's a color of title. It's not the title. there's no there's no position of equity with that sheriff's deed. So to my understanding with there not being a contract and um I'm challenging the jurisdiction of this other entity. Um, I'm requesting that this motion under the title under the rule 60V that I mean this is thrown out. I mean it it just we don't have a contract there. There's nothing to really argue here. So, I mean it it's clearly displayed and stated in the affidavit that I submitted. And um bottom line, we we don't have a contract. The other entity does not own this property. Okay. Um I have priority interest and equity in this property. Okay. Um Miss uh thank you, Miss Ballard. Um, as I said, I have had a chance to review the um, magistrate court file and the um, appeal materials that you filed in this case. Um uh one question I did have Miss Ballard is that um part of the so part of the order that was entered against you which you are challenging here right that the magistrate judges the purpose of this action is because the magistrate judge entered an order that said that you were not entitled to possession and that um and you're challenging that order. Uh and I understand that part. Um, but part of the um order also requires that for you to challenge it, you're required to um make some payment um into the registry of the court. And and my looking at the system, I don't see that any payments have been made. I think that that's part of Miss Apat's argument uh in a brief that she filed uh a couple of days ago that you have not made a payment into the registry of the court to preserve your appeal rights. Can you tell me about that? If you have made a payment and maybe I just don't have it in my system or if you haven't made a payment, can you tell me um the basis for that? I have they he they did not ask for rent. They didn't put in an affidavit to ask for rent. So, and there's no contract, but I have paid into the court of registry. The paperwork is there. Can you tell me how much you paid into the court registry? All of it. It's on a continuous basis until this issue, this matter is resolved. the last month and the uh remaining balance everything is in compliance with the order from judge magistrate judge Brooks. Okay. Um I am going to call on Miss Potty for her response right now. Miss Ballard and then as I said because you're the movement the movement on this matter I am going to call on you and let you have a chance to respond. Okay. Miss Apati. Uh your honor, um just to get straight to the point, no payment has been made. I did call the court this morning and there has no been no payment made. So if Miss Ballard is saying that she has made the payment, could she provide to the court some form of um evidence showing that she's made the payment? Because again, as of 15 minutes ago, no payment has been made or the court is not aware of any payment being made. Yeah, I I have looked in both the um magistrate court file, which is often where those payments will go, um and I've looked in this action, um and the the the financial documents don't indicate that any payment has been made in either case. Uh other than uh the original, I think $103 filing fee that was paid by the defendant in the magistrate court. Uh excuse me, the by Yes, by the defendant. D23, the filing fee. Um, Miss Ballard, do you have um any documentation? I'm looking at the file and I don't I don't see anything that indicates payment. I'm happy to follow up with the court because sometimes the the clerk it gets a little bit behind, but do you have any documentation regarding when you made those payments or the amount of the payment? It was a couple weeks ago when I I I filed it into the Florida registry. Okay. What did you file? Did you did you file like a proof of payment or what did you file is basically a a mo a a money order? I apologize. I need to take a brief break for something. Hold on just one moment. Okay, Miss Apati and Miss Ballard, I apologize for that brief interruption. Um, okay. So, where we are right now procedurally, um, is that there is a dispossessory order that was entered by Judge Brooks on December the 7th, um, that awarded a money judgement in the amount of $45,940 to Ms. Apat's client, uh, D23. Um and then also ordered that um any rent amount in the amount of $99811 cents had to be paid on the 5th of each month beginning let's see with January the 5th. Um, but that would have required a prior payment in December. Uh, and there's no um, respectfully, Miss Ballard, I I I don't I if you can if you can provide me with some documentation of the payment, I'm happy to pursue that with the clerk of court and find out uh, if there is some um, you know, issue with it being credited to the wrong file uh, or something like that. But but absent any such documentation, there's no evidence that the required payment has been made um either into the magistrate court or into the superior court file. And absent that payment being made, the order that was entered very clearly says that if tenant appeals the judgment and wishes to remain in possession of the property, those payments must be made. And so that would typically mean that the dispossessory order would be issued in Stanter. And Mr. Um, I'm sorry. D23 LLC would be entitled to uh possession of the property uh in Stanter. Um, which you know would mean immediately. Um, do you have any additional documentation that you could perhaps email to Mr. Freehoff and copy Mr. Potty on so that I could see it and then follow up with the clerk regarding what happened to a payment that you made. So, I tendered a payment into the court of registry. If my payment was not accepted, I would not have received a case number for this case right now. The the payment was accepted. It has to it had to have been in order to get this case number. Actually, that's not correct. So, the the file indicates, Miss Ballard, the file indicates that you submitted an affidavit of poverty um and that that um poverty affidavit was granted for the filing fee. So, you didn't have to pay a filing fee to be able to open this case. Um respectfully, I tender the payment in the magistrate court. Right. I'm not I'm not questioning, Miss Ballard, that you did. What I'm saying is there needs I need some documentation of that payment because there's no such payment reflected in the magistrate court. And so if you have a receipt, if you have a copy of the money order, if you have even a bank transaction indicating where you withdrew that money from, um, or where you obtained the money order, that would be some information that I could then go to the clerk and say, "Hey, I've got a party telling me that they made a payment and there's no record of it. Can you help me find this payment and why there's no record of it?" According to law, I tendered the payment and I don't know if there's some type of mixup between both courts, but I felted in both courts. The tender payment is there respectfully. Otherwise, I would not have been able. They even said this has to be satisfied in order to get a new case number for this appeal. Miss Ballard, I I understand that. All I'm asking is can you tell me what was the amount, when was the payment, where did you get the money order from? Those are that that's the type of information that I would then be able to go to the clerk and confirm that information. Um, and then they might be able to track the payment and figure out where it went if you made the payment. All right. Can you hold one moment while we get information? Thank you kindly. I'm back. Excellent. Very good timing. Miss Ballard, were you able to locate some materials regarding that matter? Yes. So, let me just um turn on my camera real quick. One moment. Okay. I filed a notice of tinder payment into the courts and um yeah so uh to settle this account I did file a tender payment to the court and the I'm sure you can see the affidavit in there and it has proper endorsement. It's been properly endorsed and if you like. I mean I Miss Ballard, can you can you tell me the case number on that? Is it this case number 2023 CV39111 or is it the 23ED284322 case number? It's 23ED284 322. Okay. Um give me a moment to look in the file and see what I can locate. Okay. Give me just a second. Thank you. Yes, Mr. Yes, Mr. Freehoff. Uh, judge, I just wanted to I'll come I'll come talk to you. Okay. Okay. Thank you for your patience as I've sort of worked through this. Uh, Miss Ballard, Miss Apati, um, I was able to locate the filing that I think I was that Miss Ballard was referencing, which is a notice of tender of payment, um, to settle and close account. Um, yes. And is that the thing you were referencing, Miss Ballard? Yes. Yes. Okay. That was filed. It was filed in the magistrate court on December the 12th. Yes, that is correct. Okay. Um, my review of the notice that you filed. So, first of all, I've spoken with the clerk of court. Um, and they have no record of any payment. Um they um they have looked everywhere they can think of including associated with your name, associated with this case, associated with the superior court case and they can find no record of payment. Um, but more importantly, Miss Ballard, it my review of your filing seems to indicate that you are rejecting the acknowledgement that there is that that money would be any like like it doesn't appear that you actually submitted legal tender of any sort to pay or satisfy this. you instead submitted some sort of um signed I know some sort of authorized representative document um but no money order, no check which I don't think they take, no cash, um no certified check, anything like that. Is that is that an accurate statement? Am I correctly understanding what you filed, Miss Ballard? I filed a tender payment and it didn't it I mean the law says that I can tender a payment. It never stated how to pay it. So I mean I did I I fulfilled the contract based on the order. I mean, um, Miss Apati, um, other than the motion that you filed regarding the lack of payment and your statements here that there has not been a payment, um, what what is your position, uh, on behalf of your client on this matter? Proposition is that this um, this matter should be dismissed. Um, the the Miss Ballot has to comply with the order of the court before filing this appeal. Okay. Um, Miss Ballard, I um I I understand I I find First of all, thank you for helping me understand what it was you filed because originally when you were saying a money order or something like that, I I was looking and I was not finding. Um, and so I I have reviewed what you filed now that I understand what I was supposed to be looking at. Um, and you know, due respect, ma'am, but it is not uh filing a paper that says, "I hereby tender payment that is not actually accompanied by a payment recognizable in legal acceptable tender in the United States, then you have not made uh a payment under any legal definition that I am aware of." And so, as a result of that, Excuse me, Miss Ballard. I'm speaking and and in a moment I'll let you respond if you would like but you have to let me finish. Thank you. Um so as I was saying the motion I think is to dismiss the um the appeal of the dispossessory um and to issue a a dispossessory affidavit in Stanter which would seem to be appropriate here because there's been no payment made and in the absence of a payment um there can be no appeal. Um, and that is the position that D23 is taking. Would you like to respond to that before I rule, Miss Ballard? Yes. So, I mean, on the order, it did not specify how to pay. What species of payment is on there to pay? It was not specific. I'm sorry. Are you saying it wasn't specific in amount or it wasn't specific in method? In method. Yes. Yes. Okay. Uh I I disagree. Um this is a standard order and the vast majority of everyone I've ever dealt with uh that deals with these orders understands that when it says tenant must in capital letters make the following payments into the court registry. Uh by the time specified, everyone understands uh that I've typically dealt with that that means money that is recognizable as legal tender in the United States. uh which would either be cash or a money order uh or a certified check. And in the absence of those things being paid um then the court wouldn't have any choice but to dismiss um the the appeal. And so I gave you a bill of exchange which is the same thing. I'm sorry ma'am. I gave you a bill of exchange which is the same thing. No ma'am it's not. A bill of exchange is not recognized as legal tender in the United States and therefore it would not satisfy the requirement that tennis m tenant must make the following payment into the court registry. Will you will you be so kind to confirm under what law? For that reason I am dismissing case number I mean ma'am res I object your I object. I mean I it's it's there under what law does it say that it is not a legal payment a legal tender? So um I I in all honesty I don't know the answer. I could do some research and find the answer, but Miss Ballard, it's your obligation as the movement to provide the information that the court requires in order to um understand your case to accept your case. And you have not provided me more importantly with any documentation or a legal citation that would provide me with some sort of basis to accept your providing me with this note of exchange as legal tender. Um, as I said, my understanding of the law is that a note of exchange is not legal tender recognized in the United States and therefore it does not constitute a payment. You have not provided me an answer, but under what? Yes, ma'am. I did. The answer I gave you was it was your obligation. Mr. Fre, please what I have to say. Mr. Freehog, please mute Miss Ballard if she's going to continue to speak over me. Thank you. Miss Ballard, you've been muted because you continue to speak over me, which is disrespectful to the court. I'm not trying to be respectful using and not properly. You are continuing to speak and I Miss Ballard, stop. I understand that you do not like the outcome. I understand that you believe that that legal tender or notice of exchange that you gave me should count, but it does not. The answer to this question is that the order that was entered says that tenant must make the following payments into the court registry and there were no payments made into the court registry and the filing that you submitted does not constitute a payment of legal tender into the court registry and does not constitute compliance with the order that you make a payment into the court registry and therefore the case is going to be dismissed. Um, case number 2023 CV 390111 will be dismissed for lack of payment. Uh, anything else that the parties need? Um, Miss Ballard, you may pursue whatever appellet rights you wish to pursue. You cannot make a ruling over something that you don't know. I'm sorry, Miss Ballard. You cannot make ruling over something you can't know. You saying you don't know is an unacceptable response. Respectfully, Miss Ballard, as I said, my answer was if you would like to direct me to case law that says that what you submitted is legal. Miss Ballard, is this a court of law, you it is unacceptable for you. This matter is adjourned. Miss Ballard, you may pursue whatever appellet remedies you would like to. And we're going to have another person because you guys are very [Music] I didn't quite understand at first, you know what I mean? And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section telling me what you think. And a huge thank you to all of our Fax or Frauds channel members. [Music] If you'd like to become a member, click on the link in the description or click join right next to subscribe. Now, if you're still hanging out, thank you. I appreciate you all. Why not hit the thumbs up button, make sure you subscribe, ring the bell, and leave a comment in the comment section. Tell me what you think. Until next time, I'll see you soon.