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00:00She gave you the money as a gift.
00:02She cheated on me.
00:04And she said, please, I want to help you with your situation.
00:07She gave you money because she's stupid.
00:09Yes.
00:10I was going to leave, and she begged me to stay with her.
00:14So far, you're not impressing me.
00:16You understand that?
00:17This is Judy Justice.
00:37Tonya Graziano is suing her ex-boyfriend, Benny Schachta, for unpaid personal loans.
00:45Court, come to order?
00:46All rise.
00:48Have a seat, please.
00:50Judge case 4080, Graziano vs. Schachta.
00:53You're welcome.
00:54Ms. Graziano, what do you do for a living?
00:55I'm a registered nurse, Your Honor.
00:57You live alone?
00:58For the most part, sometimes my mom comes and stays with me.
01:01And being a nurse is your only source of income?
01:03For the most part, yes, Your Honor.
01:05It is your claim that you made two loans to Mr. Schachta?
01:09Yes.
01:10With whom you were involved romantically?
01:12Yes.
01:13One for $6,000, one for $5,000.
01:16The defendant said that you made no loans to him.
01:19They were gifts.
01:20And you know what it's like to make a gift and to make a loan,
01:23because you did, in fact, make another loan to him
01:26in a substantial amount of money, $325,000?
01:31Correct.
01:31More recently, and that was to buy a piece of commercial property.
01:35Just for my own information so that I know where we are,
01:38did you inherit some money?
01:40Because you didn't get this $325,000 from being a registered nurse.
01:45No, but I've been doing investments, too, since I was a young child.
01:49So I had, you know, just invested money and I had some money.
01:54I was trying to help him out.
01:56So I did that business loan, but that's separate.
01:59Okay. So now tell me, when did you make this first loan,
02:03which was allegedly for $6,000, to the defendant?
02:07That was on July 19th of last year.
02:09Were you living together at the time?
02:11That's the thing. It was kind of like off and on.
02:13He was kind of living with me.
02:16In July of 2023, was he living with you is the question?
02:20Yes.
02:21When you made this loan of $6,000.
02:25Can you tell me the circumstances surrounding making the loan of $6,000?
02:29I made him the loan is because he was in a financial hardship
02:33and I wanted to help him out.
02:36I've known him for a very long time.
02:38As a matter of fact, more than 30 years.
02:40And we had a friendship, too, as well.
02:43And I had given him the loan because he was trying to get back on his feet.
02:47He was going for his insurance license and he was waiting to obtain that.
02:53And so that's why I gave him the loan.
02:55Okay.
02:56Do you have any proof dating back to July of 2023 that you made him a loan?
03:02Yes, I do, Your Honor.
03:03I'd like to see it.
03:05So what I'll be presenting to you is I have proof of the check that was cashed.
03:09Also, if you like, I have bank statements.
03:12For both times, I gave him a loan.
03:18Okay.
03:19I see a check for $6,000 July 19, 2023.
03:25Do you have any communication with him via text or anything else about this $6,000?
03:31I have both loans.
03:32We just generally talked that he was going to pay me back.
03:35Just a second.
03:35I'm asking you a question.
03:37Do you have any texts or emails about this check for $6,000?
03:42Not specifically that one check.
03:44It was both checks.
03:46When was the second check?
03:47The second check was in December.
03:49December 19, 2023.
03:51And I assume you have that canceled check for me as well.
03:54As well, yes.
03:54I'd like to see that.
04:03Okay.
04:04This is for $5,000, and that's in December.
04:07So my first question to you is how was he supposed to repay the July $6,000 loan?
04:14The payment plan was verbally.
04:16He said when he was going to...
04:17No, no.
04:17So what was the payment plan?
04:19When was he supposed to start to pay you back this $6,000?
04:24There was no specific date.
04:26Okay.
04:26So that's the answer.
04:28And I assume that between July and December, he made no payments on the $6,000.
04:35No.
04:35So in December, you gave him another $5,000.
04:38Yes.
04:39You want to tell me why?
04:41Because he was making every attempt to start working, and he got his insurance license,
04:46and he had an employer as well that he was working for.
04:50He was making every effort.
04:51So I was thinking he was...
04:52What every effort was he making?
04:53He hadn't given you any money.
04:54Just a second.
04:55He hadn't given you any money between July and December.
04:59So what is the every effort that he made?
05:01He didn't give you $100.
05:02He didn't give you $50.
05:04He gave you nothing.
05:05Were you living with him in December?
05:06Yes.
05:07Were you living with him between July and December?
05:10Yes.
05:11So no effort was made by him between July and December to make
05:15any payment on the $6,000 loan.
05:18And in December, around holiday time, you gave him another $5,000.
05:22Now, you want to tell me why you gave him another $5,000
05:26when he hadn't given you a penny on the first money that you gave him?
05:29Because he was making every effort to try to get him from...
05:32What is every effort?
05:33He was living with...
05:34He was going...
05:34Just a second.
05:35He's living with you.
05:36Mm-hmm.
05:36Who's paying the rent?
05:38Rent, mortgage?
05:38Me.
05:39He's working for an insurance company.
05:41Yes.
05:42And then he was also working Uber.
05:44He was trying to get a few couple hundred dollars in there.
05:47Great.
05:47Very nice.
05:48That's all very good.
05:49And he's living with you, and you're paying the bills.
05:51And he's made absolutely no payment to you,
05:54despite the fact that he's making money.
05:56So in December, you gave him another $5,000.
05:58Well, what did he need another $5,000 for if he's living with you?
06:03I'm not getting it.
06:06You were going to break up with her, and instead, she gave you money.
06:09Is that what you're telling me?
06:10Yes.
06:15She gave you money because she's stupid.
06:17Because I was in love with the guy.
06:18Just a second.
06:19She gave you money because she's stupid.
06:31Tonya Graziano claims her ex-boyfriend, Benny Schecta, refuses to pay back personal loans.
06:38Benny is countersuing, claiming Tonya wrongfully kept his personal property.
06:43What did he need another $5,000 for?
06:46He needed some money to pay his debt is what he told me.
06:49OK, now I'm going to see what proof you have that he acknowledges that this was a loan,
06:54because he says both of these checks that you gave him were gifts.
06:57He told me on several occasions.
06:59I told you. I want to see.
07:00I have the text.
07:01Can I see them, please?
07:02Sure.
07:10When did you receive this text?
07:13That one was March 8th of 2024.
07:16Mr. Schecta, you want to tell me why you took $6,000 from her in July of 2023?
07:22Be very careful with what you tell me. Very careful.
07:26Yes.
07:27Because I'm reading things.
07:28When we started dating.
07:29July 2023.
07:31July. OK.
07:32Because I had been helping her with her remodel in her home, dealing with all the contractors and...
07:38Just a second.
07:39Opening doors.
07:40Just a second.
07:40Where were you living?
07:42At her house.
07:43You were living with her?
07:44Yes.
07:45Where had you been living before her?
07:47In my house in Bakersfield.
07:48And what did you do with that house?
07:51I still have it.
07:52Well, what were you living with her for?
07:53Because we were planning on getting married and...
07:56Who was living in Bakersfield?
07:57I own a home in Bakersfield.
07:59My parents moved in with me to my home.
08:02So your parents live in the Bakersfield house?
08:05I live with them.
08:06Now?
08:06I always have.
08:07Where were your parents living before that?
08:09Moved with...
08:10Careful!
08:10They lived with...
08:11No, careful!
08:13Where were your parents living before you purchased the house in Bakersfield?
08:18They also lived in Bakersfield in their home.
08:21They sold their home?
08:22They sold their home.
08:24And?
08:24And...
08:25They sold their home.
08:27And I told my mom and dad to move in with me and my home because I live by myself.
08:32They sold their home.
08:35And what did they do with the proceeds of the sale of their home?
08:40Careful with me.
08:41I'm not as dumb as I look.
08:43Did they give you money to buy your house?
08:46No.
08:47No.
08:47When was the Bakersfield house purchased?
08:502001.
08:51And so your parents have been living in that house for how long?
08:55Since I purchased it.
08:57So for over 20 years?
08:59Yes.
09:00Okay.
09:00Now you move in with the plaintiff.
09:03And when you moved in with the plaintiff, were you paying any part of the expenses of the house?
09:09No.
09:09So she was having it remodeled and you were there directing the contractors?
09:15Correct.
09:16I mean, you weren't hammering nails in or taking down plasterboard.
09:20Actually, I was sometimes.
09:22What else were you doing?
09:23I was helping her with...
09:26What else were you doing for yourself?
09:28Were you working?
09:29Myself?
09:29No, I was not working.
09:30Well, then you got to do something.
09:32So you were hanging around with the contractors.
09:34No, I was...
09:34I want you to tell me why she gave you $6,000 in July.
09:41Because I'd been helping her and I told...
09:43I don't believe that.
09:45I don't believe that.
09:46So come up with something different.
09:48That when it comes down to it, she gave me that money because she cheated on me
09:52with her ex-boyfriend and I was going to leave.
09:55And she begged me to stay with her.
09:58And she said, please, I want to help you with your situation.
10:01Here's $6,000 to help you pay off your credit card bills.
10:06And please don't leave me.
10:08Why did you have credit card bills?
10:10Why weren't you working?
10:11My business shut down during COVID.
10:13And I was at home for like two years trying to figure out what I'm going to do with myself.
10:18And I got my insurance license.
10:20And as you know, it takes time.
10:23You don't just become a big insurance guy.
10:26You have to build up your clientele.
10:28I have a few clients that I'm working and it's growing.
10:31But she gave me the money to help me out because I have been helping her out.
10:36$6,000.
10:37Now let's get to the $5,000.
10:39Before that, I'm sorry.
10:41Here is an email that she sent me requesting the $6,000 the day after I broke up with her.
10:49And then we got back together the following day because she begged me to come back to her.
10:53And she says, I'm kidding.
10:56I'm rescinding this letter.
10:57Can I see what she's talking about then?
10:59Can I see?
11:01Yeah, I'll show you that.
11:03Your Honor, in regards to that.
11:05Shh, just a second.
11:08What?
11:09What are you, nuts?
11:11No.
11:12I lent you money in the amount of $6,000 July 19th, 2023.
11:17And I'm requesting the money back.
11:18This was in October of 2023.
11:21Despite my many efforts to contact you without success, I have not received a call back from you
11:27to discuss this matter.
11:28I'm trying to resolve this amicably.
11:30You can make payments by Zelle by November 14th, 2023.
11:35OK.
11:36So you say to him you can make the payments by Zelle November of 2023.
11:42He doesn't pay you any money.
11:44So in December, you lent him another $5,000.
11:47Yes, because we got back together.
11:51And a month later, you gave him another $5,000.
11:56Yes, because he told me he needed the money to help him out.
12:00Anything else anybody want to tell me?
12:02Yes.
12:03What?
12:04Here's a text message for her saying that her mom got mad at her because she gave me the money.
12:10Yeah, she says that.
12:11My mom's getting mad at me because I want the money back.
12:14Well, because when I wanted to break up with her, she wanted her money back.
12:16And then also?
12:18She must be seeing something that I certainly don't see.
12:20I'm blinded.
12:21Must be blinded by the light.
12:26Something that's invisible to me.
12:29Every pot has a cover, I suppose.
12:33You want me to see something, sir?
12:34Yes.
12:35So far, you're not impressing me.
12:36You understand that.
12:37OK.
12:37You understand that?
12:38Yes.
12:39Yeah, you understand.
12:40You're a big boy.
12:40You're a grown-up boy, right?
12:42Yes.
12:42Your mother and father live in your house.
12:44How old are you?
12:45I am 46.
12:4746.
12:47It's about time you could pay your own bills.
12:50Uh...
12:50Oh, it's about time that you could pay your own bills.
12:53Yes, it is.
12:54And if what you're telling me is that you took money from the plaintiff
12:58because you were going to break up with her and instead she gave you money,
13:01is that what you're telling me?
13:03Yes.
13:07She gave you money because she's stupid.
13:09Yes.
13:10Because I was in love with the guy.
13:12Just a second.
13:12She gave you money because she's stupid.
13:14I'm going to tell you my view.
13:17Women have a need to nest and sometimes they don't care if the nest is dirty,
13:23if it's diseased, if it's short, if it's tall, if it's fat or it's thin.
13:33They don't care.
13:34They just want to nest.
13:36And sometimes I can actually see it.
13:39You know, I can understand.
13:40She's a lady.
13:40She's managed to put away a couple of bucks.
13:43You've been single all your life?
13:44No, I was married before, but I had a prenup, Your Honor.
13:47I've done everything on my own.
13:49Got it.
13:50Women have a need to nest.
13:53It just sometimes blows my mind with how low they'll go.
14:00There were two conditions, according to your complaint, for this $6,000.
14:05He would pay me back once he was financially stable again.
14:10Are you financially stable?
14:11No.
14:12Do you have a full-time job?
14:13No.
14:14What a hero.
14:15Oh, my God.
14:17What a chimp.
14:27Tonia Graziano is accusing her ex-boyfriend,
14:31Benny Schecter of refusing to pay back personal loans.
14:35Benny is countersuing Tonia for his personal property.
14:39So, the first $6,000, I understand, madam.
14:43The other five, I don't.
14:44And I'm going to tell you why I don't.
14:47Because you could be stupid, but if you loan somebody money,
14:51and they make absolutely no effort to pay you back,
14:55and you're dumb enough to give them another big chunk of money,
14:59that would be on you.
15:01Now, you want to show me some other documentation
15:04that's going to make me happy about why you don't owe her $6,000?
15:09Yes.
15:10Show me.
15:11Okay, can I just state something?
15:12No, I don't want you to talk to me anymore.
15:15I was helping her with the home.
15:17Oh, just a second.
15:17I don't want to...
15:18Okay, here is the text that says she gave me the money.
15:21Here is...
15:21Oh, just a second.
15:22Don't give me a whole stack of papers.
15:23Okay.
15:24You want to show me a text that she gave you the money as a gift.
15:27Yes.
15:28May I see that, please?
15:30And that's the proof that she gave you the money as a gift.
15:34Uh...
15:34$6,000.
15:36Yes.
15:36Just be careful what you show me.
15:37You know, I'm old, my life is short, the journey's practically over,
15:41I don't like to waste my time.
15:48My mom thinks I'm stupid and weak,
15:51and you think I'm disrespectful, disloyal, and rude.
15:54She saw my checks, and she knows about the money.
15:57I guess you're not going to say anything.
16:00I really hate my life right now.
16:02And then the next day, she says, good morning.
16:04Call me.
16:04What a hero.
16:05Oh, my God.
16:07What a gem.
16:08A regular Sir Lancelot.
16:10He still doesn't answer my question, madam.
16:12Can I say something, too?
16:15Sure.
16:15Say something to me.
16:16So I've known him for a very long time,
16:19and so I had the thing that I wanted to help him out.
16:22I understand I should have probably not given him the second check,
16:25but I really cared about him.
16:27And I thought we were going to have, you know, a long-term relationship.
16:31Well, if that's what you're saying to me, you're not getting anything.
16:33No, but as far as...
16:35No, no, you have to understand something.
16:36If that's what you're telling me, that you gave him the checks
16:39because you really thought you were going to have a long-term relationship,
16:43and marry, and live as a family, then these were not...
16:47Just a second, then these were not loans.
16:49Not even the first one.
16:50If your intention in giving him that first $6,000 check
16:55was because you believed that you were going to be together permanently...
16:59No, that's not...
17:00But look, he said he was going to pay me back.
17:02Show me.
17:03And he...
17:03Well, I actually saw...
17:05I have a witness.
17:06My mother, he told my mom, as well,
17:08that he was going to pay me back the money, all $11,000.
17:12On what date did he tell that to your mother?
17:15It was the beginning of March of 2024.
17:17Where?
17:19At the house here in Los Angeles.
17:21At your house?
17:22Yes.
17:23And what was he doing there in March of 2024?
17:26He had an interview beforehand, before he came to the house.
17:30What do you mean he had an interview before and before he came?
17:32He was trying to get another job, you know, in L.A. to be close.
17:36Be close to what?
17:37To me.
17:37That was in March of 2024?
17:39Mm-hmm.
17:40He was interviewing before that.
17:42But you weren't living together then.
17:44It was off and on, Your Honor.
17:48Anybody want to show me any other proof that this first $6,000 was a loan?
17:52Can I say something?
17:54Okay, Tonya is not a dumb businesswoman.
17:57She's very good.
17:58She's a shrewd businesswoman.
17:59She knows how to write a loan document.
18:01We have a loan together for $325.
18:03Just a second.
18:04I already heard.
18:05Listen to me.
18:06I already heard that.
18:07Okay.
18:07I said that at the beginning.
18:09If you remember, at the very, very beginning of this case,
18:11I said that she loaned you $325,000 for some sort of a business venture of yours.
18:21Yes, to help him.
18:22Yeah.
18:22To help him because they were going to floor clothes on the property.
18:24And she's making interest on it.
18:25It's not like it was a help.
18:27She's making 7% interest.
18:28No, I'm not.
18:29It's 6%.
18:30Would you stop talking to each other?
18:32Anybody have any other evidence with regard to this $6,000?
18:36He just needs to be a man of his word, Your Honor.
18:38Yeah.
18:39He knows it was a loan.
18:40Okay.
18:41Come on, Benny.
18:42Anybody have any other proof?
18:44Ms. Graziano, I am satisfied that the first $6,000 you gave him,
18:48you gave him with the idea that he was going to pay you back.
18:52That's what it says.
18:53The second one in December, I'm not even contemplating.
18:57Somebody to make a loan, and there is absolutely no payment, and you're living together.
19:01And then there's another check six months later for another $5,000.
19:06Was that $325,000 loan?
19:09That was in the middle.
19:10What?
19:10That was in the middle.
19:11It was in August of 2023.
19:13In the middle?
19:14Mm-hmm.
19:15And then after that, you gave him another $5,000?
19:19Yes.
19:19Just a, okay.
19:20You're very, very lucky, Ms. Graziano.
19:22I'm being more than accommodating to this position of yours.
19:26I cared about him, Your Honor.
19:28I don't give a rat's mind whether you cared about him or not.
19:30When I read your papers, what you say in your paper was,
19:34we made a verbal agreement that he would pay me back once he was financially stable again
19:39with a full-time job.
19:41He is working, Your Honor.
19:42Just a second.
19:42I'm reading you what you said.
19:45And where we're going now is in a direction that, unfortunately, you don't want to go in.
19:51Because there were two conditions, according to your complaint, for this $6,000.
19:57He would pay me back once he was financially stable again.
20:02Are you financially stable?
20:03No.
20:05Can I say something?
20:06Don't say anything.
20:08Okay.
20:08Are you financially stable with a full-time job?
20:12Do you have a full-time job?
20:14No.
20:15Okay.
20:15Very good.
20:16Your complaint says that you had a verbal agreement that he would pay you back when he's
20:21financially stable with a full-time job.
20:23You need to prove that.
20:24I don't know because we lost track of each other, unfortunately.
20:28I don't know either.
20:29And if you don't have proof, you don't have the case.
20:31You should have stopped when you were ahead.
20:32Case is dismissed.
20:33We're done.
20:34This court is adjourned.
20:36You have a ridiculous counterclaim.
20:38Goodbye.
20:38This way.
20:47I'm happy with that.
20:48I'm just glad this is all over, and I hope to never have to deal with that woman again.
20:55Everything pointed to the fact that it was a loan.
20:58He said he was going to pay me back, and he should have been a man of his word.
21:02If you have someone calling you and going to your gym, going to your church, going to your work,
21:06you'll say anything.
21:08I've known him for a very long time.
21:10I was trying to help him out, and I thought he knew that and that he was going to pay
21:13me back.
21:14Because every time she cheated on me, I got a check from her.
21:17Yeah, I'm done with him.
21:20You know, when I have a need to nest, I go to Target.
21:23And it's a much safer way to fulfill that need than to write checks for $6,000 and $5,000.
21:29You mean you do retail therapy?
21:31Retail therapy, Target, HomeGoods, TJ Maxx.
21:33There are options, ladies.
21:34There are options.
21:35When you feel that need come on, especially a holiday season, you know, really fulfills that.
21:40You don't have to be writing these checks to these men to fulfill your need to nest.
21:45But hey, to each their own.
21:46But the problem is she said it right.
21:48She said, I gave him this money because I thought we were going to have a life together.
21:53And that's not a loan.
21:54Yeah.
21:55If the life together doesn't come together, that doesn't make a gift a loan.
21:59True.
22:00Write it down if it's a loan, irrespective of who it is.
22:05Are you a victim of a scam?
22:07Go to JudyJustice.tv
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22:22Let's see you there.
22:48Transcription by CastingWords
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