- 13 hours ago
Category
📺
TVTranscript
00:00Dinah Tasha Ware is suing repo man Bernard Williams for trespassing and damaging her vehicle when he repossessed her car.
00:08Order. All rise.
00:14You know, it's case number 68 on the calendar in the matter of Ware versus Williams.
00:19You're welcome, Judge.
00:20Parties have been sworn in.
00:21You may be seated.
00:22Folks, have a seat.
00:22Mrs. Ware, it is your claim that the defendant is an overzealous repo man.
00:29Yes.
00:30Who trespassed on your property and caused you emotional distress.
00:34Yes.
00:35You want to be compensated to the tune of $5,000.
00:39Yes.
00:40Mr. Williams says that he was trying to do his job.
00:42Could you take off that shield?
00:44It's blinding to me.
00:45Sure.
00:45I know who you are.
00:47Mr. Williams says that he was trying to do his job and you and your family prevented him from doing that.
00:53In the process of doing that, you assaulted him.
00:55He is requesting not only $5,000, but he is requesting the immediate return of the car for which you are delinquent in payments.
01:04That's your counterclaim.
01:05Yes, that's correct.
01:06So let's start out with some of the salient facts, Ms. Ware.
01:10What kind of car are we talking about?
01:12A 2005 Chevy Impala.
01:14When did you purchase it?
01:16January the 10th, 2008.
01:19And you signed a loan agreement with whom?
01:21Westlake Financial.
01:22Until when were you making payments on this car?
01:25The last payment that I made was January the 30th of 2009.
01:29And prior to January 30th, 2009, were you making regular payments?
01:35They were not regular, but they were...
01:37Well, that's what I'm asking you, Ms. Ware.
01:39From January 10th, 2008 to January 2009, which is one year, you should have made one year's worth of payments and they should have been made on a timely basis.
01:50Did you do that?
01:50No.
01:51You have all the paperwork?
01:53Yes, ma'am, I do.
01:53When did you get the request from Westlake Financial?
01:57We received this assignment on April 1st.
02:00When did you receive a notice, Ms. Ware, that your car was going to be repossessed?
02:05I never received the notice that my car was going to be repossessed.
02:07Is this the first car that is a repossession that you've owned?
02:11No.
02:12How many cars have you had where you've had trouble making the payments?
02:16Only one other one besides this one.
02:17When was that?
02:192005, and I surrendered the vehicle.
02:20When were you first told in that situation that they wanted the car back?
02:25I don't remember when I was told.
02:26Okay.
02:27Your Honor, may I say something?
02:29Yes.
02:29I understand that the vehicles were up for repossession.
02:33The case here is that he, the way that he tried to repossess the vehicle.
02:36Just to say, I understand that.
02:37I have to understand, Ms. Ware, where you're coming from.
02:40Okay.
02:41I mean, if you have somebody's property and you're not paying for it, they're entitled to get it back.
02:46And the reason I'm asking you these questions, Ms. Ware, is to ascertain that you're not a stranger to this process,
02:52because you've had a car repossessed before for nonpayment, which means that before, you also had property that you weren't paying for.
02:59I surrendered the vehicle.
03:00Just a second.
03:01I know.
03:02Did you surrender the vehicle immediately when they asked you to surrender it?
03:05Yes, I did.
03:06And how many months were you delinquent?
03:08I wasn't even, I was a month delinquent, a month behind.
03:11Nah.
03:11I don't believe that, Ms. Ware.
03:12I was.
03:13I don't believe that you were a month delinquent and they asked you to surrender the car.
03:16I surrendered it because I couldn't afford it.
03:18Okay.
03:19So you know what the process is.
03:20Now, Mr. Williams, Ms. Ware said she had no notice, and I can find that out easily,
03:27but she says she had no notice that they wanted the car back.
03:30And she certainly knows how to do that, because she just said to me before, which I assume she wants me to believe,
03:37that when she couldn't afford her old car, she turned it back in.
03:42That's what you told me, right?
03:43Yes.
03:44And you clearly couldn't afford this car.
03:47Well, it was...
03:47You clearly, based upon your payment history, couldn't afford this car.
03:51Not at the time.
03:52But this car, you didn't turn back, right?
03:55No, because I...
03:56The first car, you did.
03:57This car, you didn't.
03:58So they had absolutely every right to repossess your car.
04:01Yes, I'm not arguing that they didn't.
04:03Good. Fine.
04:03Now, can I see the order to repossess it?
04:16Okay.
04:17Now you're going to tell me your version of the events surrounding the defendants repossessing your car.
04:22On April the 17th, 2009, me and my husband was at Little Caesar Pizza down the street from my home.
04:28My husband went into Little Caesar Pizza.
04:30Mr. Williams jumped into my car with no permission.
04:34I was in the car.
04:35He just jumped in behind my back seat and said that he wasn't getting out.
04:38No, just a second.
04:39What did he say to you?
04:41Nothing.
04:41Did he tell...
04:41Ms. Ware, you have to tell me things that I believe.
04:43Okay.
04:44You understand?
04:45Okay.
04:45You have to...
04:46You mean he didn't say, I'm here to repossess the car?
04:48No, he didn't, ma'am.
04:49He did not say anything.
04:50He just jumped into my vehicle.
04:51Jumped into your car and said, I'm not getting out?
04:54That doesn't make sense to me.
04:55I believe that he jumped into your car.
04:58Yes.
04:58I don't believe that he didn't say to you, I'm here to repossess your car, once he got
05:02in the back seat.
05:03He jumped into my car.
05:04He did not say who he was, ma'am.
05:06He didn't say anything.
05:08What did he say?
05:08I'm just in here?
05:09I'm a vagrant?
05:10The only reason why I knew...
05:11The only reason why that I knew he was repossessing the vehicle, because I saw the tow truck and
05:15his wife video recording the whole thing.
05:18And then when my husband...
05:18Just a second.
05:19So at the time he got into your back seat...
05:22Yes.
05:22You were aware of the fact that he was there to repossess your car?
05:26No, I was not.
05:27Well, you just told me you were there.
05:28That's the only reason why I knew that he was repossessing it.
05:30That you knew.
05:31After he jumped in, though, he was already in.
05:33You knew?
05:33Shh.
05:34So when he jumped into the back seat of your car and you looked around, you saw his wife
05:38videotaping, you saw the tow truck, and you knew he was there to repossess your car?
05:42Yes.
05:43Now tell me the conversation.
05:45There was really no conversation.
05:46I just asked him to get out of my car.
05:47I was scared.
05:48I didn't know who he was.
05:48I had never seen him before.
05:50Well, now, just a second.
05:50Now, according to you, you knew who he was.
05:52You knew he was there to repossess your car, right?
05:55Yeah, I did.
05:56Okay.
05:56So you said to him, get out of my car?
05:58Yes.
05:59Okay.
05:59And now at this point, you know he's there to repossess your car?
06:02Yes.
06:02And he's there to repossess your car because you hadn't paid for it?
06:04Yes.
06:05And he said to you, I am getting out or I'm not getting out?
06:07I'm not getting out your car.
06:08And you said to him?
06:09Get out of my car.
06:10I was scared.
06:11And you said, get out of my car.
06:16And drove to my home with him in the vehicle.
06:19Just a second.
06:19So you called 911 with him in the car and drove to your house,
06:24which is, according to you, down the block from the pizza place.
06:27Okay.
06:28Keep going.
06:29And when I drove to my home, he was in the garage with us,
06:32scuffling, trying to get the keys.
06:33I was on the phone with 911 the whole time.
06:35I told him what happened.
06:36I have the police report.
06:38He refused to leave out of the vehicle.
06:39His wife came inside of my garage,
06:42were calling me all kind of names and saying all kind of things.
06:44They wouldn't leave off the property until the police came.
06:46That's all I wanted them to do was to leave my property
06:48until the police got there and they refused to do it.
06:51He just wanted to stay there and wrestle and tussle for the keys.
06:53He wanted the car.
06:55I know.
06:55But it's the way that you do things.
06:57You don't just jump in somebody's car.
07:03Real cases.
07:04Real people.
07:05Judge Judy.
07:07Dinatasha Ware says repo man Bernard Williams
07:10trespassed and damaged her car
07:13in an attempt to repossess the vehicle.
07:16Bernard is countersuing for assault and false imprisonment.
07:19Now, Ms. Ware, I gather from your complaint
07:23that you still have the car.
07:25The police made him give it back to me.
07:27You didn't answer my question, Ms. Ware.
07:29I gather from your complaint that you still have the car.
07:32Yes.
07:33The last payment that we discussed that you made
07:35was in January 2009.
07:38Correct?
07:39This incident happened in April, right?
07:42Yes.
07:43Did you make a payment in April?
07:45No.
07:45Did you make a payment in May?
07:47No.
07:48So you still have somebody else's property
07:50and you're not making any payments on it?
07:52Nope.
07:53But he's not the repossession guy on the car anymore.
07:55He got...
07:56Yes, we are.
07:57No, you're not.
07:58Shh, shh.
07:58Don't speak to him.
08:00Just speak to me.
08:01Okay.
08:01I'm just asking you whether you're driving around
08:04with somebody else's property.
08:05Just a second.
08:06Ms. Ware, just pay attention to me.
08:09I'm asking you whether you're still driving around
08:11in property that you haven't paid for
08:13and haven't turned in like you did, according to you,
08:16in May of 2005 when you knew you couldn't afford a car
08:20and voluntarily turned it in.
08:22Now you have a car that you haven't paid for
08:24and you haven't turned in, right?
08:26And you want $5,000 for emotional distress
08:29for the people that tried to repossess their property.
08:32I'm just laying out the case.
08:34Okay.
08:35The people that tried to repossess their property
08:36because you weren't paying for it,
08:38you want $5,000 from them.
08:40That's what I want to understand.
08:41Yes.
08:42Okie dokie.
08:43Good.
08:44Now...
08:44Whatever.
08:45It really doesn't matter.
08:46I will tell you that there are certain jobs
08:48that have a cloud, an aura of ill will surround them, sir.
08:55You know, like executioners, right?
08:59Repo men.
09:01It's a thankless job.
09:03I'm starting out with this as a general statement
09:06based upon my years of living in the world.
09:09Sure.
09:09And if somebody is withholding somebody else's property...
09:13I'm not withholding.
09:14Hey, if I'm speaking,
09:15somebody is withholding somebody else's property
09:18and not turning it back because they can't afford it.
09:21It has been my experience, you know, from movies and stuff
09:25that repo men resort to lots of things.
09:29You know, they'll put boots on the car,
09:31they pick it up in the middle of the night,
09:32they do whatever they have to do
09:34in order to repossess their property.
09:37It's been the law.
09:38Yes, ma'am.
09:38That's what your job is, you know?
09:40It's like being a bounty hunter, you know?
09:42If somebody's on the lam because they haven't paid their bail,
09:45they very rarely come out of, you know, the diner and say,
09:47well, here I am, take me back to jail.
09:50What you have to do is you have to resort
09:51to sometimes trickery, deceit, whatever it is, stealth.
09:56The question that I have and what the issue that Ms. Ware,
10:00who does not come to court with clean hands, by the way,
10:04because she's withholding somebody's property,
10:06and even after she knew that they were trying to get back their property,
10:10she still didn't pay for it,
10:11and I assume still driving around in it.
10:14So I have zero sympathy for that position.
10:17If you can't afford something, you have to turn it back.
10:19And I agree with that, but it's the way to do things.
10:21Just a second. Just a second. You haven't done it.
10:22She's made arrangements on...
10:24Just a second. Ms. Ware, don't interrupt me again.
10:27You haven't done it.
10:27If you knew that he was trying to repossess the car on April 17th,
10:32on April 18th, you should have turned back the car.
10:34Your Honor, there's no repo company on the vehicle right now,
10:37and I have been trying to make arrangements with Westlake.
10:39They took him off because of it.
10:40Listen to me.
10:41They took it off because you made a complaint.
10:43If you couldn't afford the car, you'd turn it back.
10:45You clearly can't afford the car
10:47because you didn't make a payment in April,
10:48and you didn't make a payment in May.
10:50Either you can pay for the car or you can't pay for the car.
10:53And if you can't pay for the car, you turn it back.
10:55Now, just tell me your version of what happened.
10:59She's correct.
11:00We did make contact in the parking lot of Little Caesars.
11:04Put your hand down.
11:05You spoke.
11:06He didn't interrupt you.
11:07Go.
11:08We made arrangements to go to her house.
11:10How did you know?
11:11Tell me how you made contact.
11:13Tell me what you said.
11:14Tell me what she said.
11:15That's what I want to know.
11:16I told her I am...
11:17How did you tell her?
11:18Did you get into the back of her car?
11:20The door was open, yes.
11:21Just as...
11:21I don't care if it was open or not.
11:24Listen to me.
11:25Let's not play with each other.
11:26I want to get over with this case already.
11:28It's taking a long time.
11:29Mr. Williams, what I want to know is,
11:32did you get into her car?
11:33Yes, I did.
11:34Okay.
11:34You got into the back seat of her car.
11:36Where was she seated?
11:37She was seated in the driver's seat.
11:38Okay.
11:39And she turned around, and you're now in the back seat.
11:42I had already introduced myself before I got in the back seat.
11:45Tell me what you said.
11:45Put your hand down.
11:47Tell me what you said to her.
11:48I had not introduced myself.
11:50I said, I'm Bernard.
11:50I'm with Fast Track Repossession.
11:52We're repossessing this car.
11:54Okay.
11:54And what did she say to you?
11:56Oh, no, you're not.
11:57And I said, well, you know you're behind in payments.
12:00We need to get this car now.
12:02At that point, she saw the tow rig, the flatbed.
12:04But for her, when she said that she didn't know who I was,
12:06I had my credentials around my neck.
12:09I clearly identified myself.
12:11She says she knew immediately who you were.
12:13What she's complaining about is that you hopped into her car.
12:16I was invited in the back seat.
12:18Just a second.
12:18That's the trespass.
12:19Yes.
12:20Okay.
12:20So you hopped in her car, and you said, I'm repossessing the car.
12:23And she says, oh, no, you're not.
12:25Not exactly like that, Your Honor.
12:26I told her who we were.
12:27At this point, we were all outside of the car.
12:29When she realized that we were getting this car regardless,
12:32that's when we drove to her house.
12:34Just a second.
12:34I don't want you to tell me what she realized.
12:36That's a conclusion, and you can't read into her mind.
12:38Who else was in the car with her?
12:40Her husband, and me and her.
12:43Did she call the police from the car?
12:45When we were halfway to her house, yes.
12:47She called 911?
12:49Yes.
12:49Do you recall what she said to the police when she called 911?
12:54I have a transcript of that call.
12:55I'd like to see it, please.
12:57Okay.
12:57The yellow was her call.
12:58The blue is my call.
13:00Okay.
13:00So the first thing you did was, Ms. Ware, according to this police transcript,
13:13you called 911 and said vehicle is being repoed,
13:18and the repo man jumped in the back seat to keep you from taking it.
13:23I didn't say that.
13:24Well, that's what it says.
13:25And then it says...
13:28She had pizza.
13:29RP is driving home with repo man in the back seat.
13:32She asked me to take her home so she could unload her stuff and her pizza for her children.
13:36So we did.
13:37How are you taking me home and I'm driving?
13:38Shh.
13:40William says he was attacked by the suspect while trying to repo it.
13:45You say to the police, they are trapping me in the vehicle, holding him against his will.
13:51He says both male and female were punching him while in the car.
13:55One hit him in the face.
13:57Williams says they just shut the garage door.
14:00He's still there.
14:01Williams says that there was a threat of a gun.
14:03No gun seen.
14:05Williams is moving the vehicle out of the garage.
14:07Let him go outside.
14:08RP wants to press charges against the suspect who hit him.
14:12That would be you.
14:13The only reason I didn't press charges, Your Honor, is really we just wanted the car.
14:18It's nothing personal.
14:18No, you didn't press charges because you jumped in my car.
14:21You invited me in your car.
14:22Shh, shh, shh, shh.
14:23No, listen to me.
14:25Mr. Williams, there's no question that when you first got into the car,
14:30Ms. Ware did not invite you in the car.
14:32Well, not in so many words.
14:33No, she didn't.
14:34Listen to me.
14:36Listen to me carefully.
14:37There is no question that Ms. Ware, when you jumped into the backseat of the car at that moment,
14:44before you identified yourself, that she had not turned around, seen you outside the car,
14:50you said, I'm Williams, I'm here to repossess your car, and she didn't say to you, well,
14:55come on in the backseat, and I'll drive you home with my pizza.
14:58True.
14:59True.
14:59That's not how it went down.
15:00So what happened is, you jumped in the backseat of the car, and then, would be only logical,
15:06and I believe that you did that, you said to her, I'm here to repo your car.
15:10She knew immediately who you were.
15:12According to her, she knew immediately, because she gave a quick look around.
15:15She saw this lady, who I assume is your wife, videotaping and sitting on a tow truck.
15:21She says she knew who it was right away, despite the fact that she's told me she had no idea
15:25that they were going to repo the car.
15:27She knew immediately who you were, according to her, because she hadn't made the payments.
15:31Right?
15:31Your Honor, the only reason why I knew who he was, Your Honor, is because he had been calling my phone.
15:36Oh, just a second.
15:37Yes.
15:37Had just...
15:38Now, Mr. Williams, you had been calling her phone, yes?
15:43Yes.
15:43When did you start calling her phone?
15:46The day we got the order to repossess.
15:48Oh, is that true, that he had been calling your phone since he first got the order?
15:52No.
15:53When did he start calling your phone?
15:54Like a week before this incident.
15:56So, a week before, you were on notice that the financial institution wanted their car back.
16:02But you asked me that Westlake notified me.
16:04I asked you whether you were on notice that the...
16:07You asked me that Westlake.
16:09That's what you asked me.
16:10Ms. Williams.
16:11Where?
16:12Ms. Sch...
16:12Hey!
16:12Ms. Ware.
16:14I didn't want to be married.
16:15Ms. Ware.
16:16Don't play with me, madam.
16:18Don't.
16:18Just don't play with me, madam.
16:20You may think you're going to play with the system, but you're not going to play with me.
16:23But for the fact that Ms. Ware sued you for her emotional distress and trespassing her car,
16:31I wouldn't have seen this counterclaim.
16:33Is that a fair statement?
16:34Because according to you, all you want is your car back.
16:37Yes, ma'am.
16:38Right?
16:39Correct.
16:39Are you still representing Westlake in this transaction?
16:43Yes, we are.
16:44Fine.
16:44Put your hand down.
16:45Then I'm prepared to render my decision.
16:48Your claim against the defendant is dismissed in its entirety.
16:52He had an absolute right to repossess the car, and you were on notice that he was trying to repossess the car.
16:59And I absolutely believe him.
17:01He threatened me on money.
17:01Hey, listen to me.
17:03I'm speaking now.
17:04Okay.
17:05You spoke.
17:05Now I'm speaking.
17:06Okay.
17:07You knew that you had people's property that you weren't paying for.
17:11You continue to know that you have people's property that you're not paying for, and you haven't turned it back.
17:15You don't get a windfall because you don't like the way they were trying to get their property back.
17:19Now, I understand that you say you were assaulted, that the family was whatever.
17:23You received no medical treatment?
17:25Well, no, not from a hospital, but I do have photographs that show.
17:29Terrible.
17:30I have photographs, too.
17:31Terrible.
17:32You're not suing him for assault.
17:33His counterclaim is for assault.
17:35I think that you should pursue it criminally, sir.
17:37Do you understand?
17:38Yes.
17:38I think that you should absolutely pursue it criminally.
17:41And if you pursue it criminally successfully, come back to me.
17:44I'd love to hear it.
17:45Do you understand?
17:46Yes.
17:46Okay, but I am issuing an order that you can give to a marshal.
17:50He'll come and help you, that she is to return this car immediately.
17:53She's not allowed to keep property that she doesn't pay for.
17:56That's all.
17:58I do not excuse you.
19:29Ms. Williams.
19:30I'm Ms. Ware.
19:31Ms. Ware.
19:32I didn't want to be married.
19:34Ms. Ware, don't play with me, madam.
19:37Don't.
19:37Just don't play with me, madam.
19:39You may think you're going to play with the system, but you're not going to play with me.
19:42But for the fact that Ms. Ware sued you for her emotional distress and trespassing her car,
19:50I wouldn't have seen this counterclaim.
19:51Is that a fair statement?
19:52Because according to you, all you want is your car back.
19:56Yes, ma'am.
19:57Right?
19:57Correct.
19:58Are you still representing Westlake in this transaction?
20:02Yes, we are.
20:03Fine.
20:03Put your hand down.
20:04Then I'm prepared to render my decision.
20:07Your claim against the defendant is dismissed in its entirety.
20:11He had an absolute right to repossess the car, and you were on notice that he was trying to repossess the car,
20:17and I absolutely believe him.
20:19He threatened me on money.
20:20Hey, listen to me.
20:22I'm speaking now.
20:23Okay.
20:23You spoke.
20:24Now I'm speaking.
20:25Okay.
20:26You knew that you had people's property that you weren't paying for.
20:29You continue to know that you have people's property that you're not paying for, and you haven't turned it back.
20:34You don't get a windfall because you don't like the way they were trying to get their property back.
20:38Now, I understand that you say you were assaulted, that the family was whatever.
20:42You received no medical treatment?
20:44Well, no, not from a hospital, but I do have photographs that show that...
20:48Terrible.
20:49I have photographs, too.
20:50Terrible.
20:51You're not suing him for assault.
20:52His counterclaim is for assault.
20:53I think that you should pursue it criminally, sir.
20:56Do you understand?
20:57Yes.
20:57I think that you should absolutely pursue it criminally.
21:00And if you pursue it criminally successfully, come back to me.
21:03I'd love to hear it.
21:04Do you understand?
21:05Yes.
21:05Okay.
21:06But I am issuing an order that you can give to a marshal.
21:09He'll come and help you.
21:09That she is to return this car immediately.
21:12She's not allowed to keep property that she doesn't pay for.
21:15That's all.
21:17I do not excuse him.
Comments