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00:00And now, the next case.
00:01All fighters in the matter of Aikman v. Ward.
00:04Step forward, please.
00:0529-year-old store manager Christine Aikman
00:07is suing her ex-fiancée,
00:1034-year-old auto mechanic James Ward,
00:12for the return of her belongings.
00:14James says she gave him the belongings
00:16in exchange for a car.
00:19Ms. Aikman, how long did you and the defendant live together?
00:21Six years.
00:22When did you separate?
00:23We actually separated shortly after Christmas of last year.
00:27And according to your complaint,
00:29when he left, he took some property that was yours?
00:32Correct.
00:33And that he owes you for some rent?
00:35Mm-hmm.
00:36And Mr. Ward says he doesn't owe you anything for rent
00:39and that the things that he took,
00:42it was a trade-off with a car that you would have together.
00:44That you took the car and that was the agreement
00:46that he would be able to take certain property.
00:50All right, so I have a few questions.
00:51When you lived together for this six-year period,
00:53how did you handle the finances, Ms. Aikman?
00:56With his paychecks, he'd take care of rent.
00:59Other little things.
01:00With mine, I'd take care of our cable,
01:02our lights, food, necessities.
01:06And how much was the rent?
01:07$5.95 plus gas.
01:09And when you had to buy things for the house,
01:11how did you do that?
01:12It would just depend on what money was where,
01:17what was left.
01:18So tell me about these things that you say
01:20that he took that belonged to you.
01:22What did he take?
01:22He took an antique bed that was given to me by my grandfather.
01:29My grandmother passed away.
01:30I was also given her...
01:32Okay.
01:32So a bed that was a gift to you.
01:36Right.
01:36From your grandma.
01:37Justice.
01:38Sure.
01:39Let's steal one thing at a time, please.
01:42An antique bed that was a gift to you.
01:44Not purchased by...
01:45Not purchased, it was a gift to you.
01:47All right, Mr. Ward, let's deal with the bed.
01:48You took the bed.
01:49All I have is a box spring and a frame,
01:52and it was given to both of us by her grandfather.
01:55When you say a box...
01:57I left the mattress.
01:58I'm not talking about the mattress.
01:59The bed itself, the...
02:01Just a steel frame and two box springs is all the original bed.
02:05Not a headboard.
02:05It doesn't have a headboard.
02:07No headboard, no nothing.
02:08Is that right?
02:09Yes, it is.
02:10Give me a break.
02:11What kind of an antique frame?
02:13I never heard of an antique frame.
02:14I heard of an old frame,
02:15but I never heard of an antique frame.
02:17She's had it forever.
02:19Oh, Ms. Aikman, give me a break.
02:21Move on.
02:21What's next?
02:23All right.
02:23I also have a 27-inch color TV.
02:27Now, where did the 27-inch color TV come from?
02:30I purchased it with my tax refund about four years prior.
02:36Four years ago while you were still together?
02:38Yes.
02:38While you were sharing your money?
02:40Correct.
02:40What's next?
02:42There's also the antique, or the quilt,
02:45that my grandmother handmade that I cannot replace.
02:49Quilt?
02:50Where's the quilt?
02:51It's not an antique.
02:52It's store-bought.
02:53I don't care.
02:54And she said I could have it with the bed,
02:56with everything else.
02:57She wants her quilt back.
02:58Okay.
02:59She'll put it in a box.
03:00And then it came from her grandmother.
03:01What's next?
03:02One quilt.
03:03What's next?
03:03And the color TV.
03:05How many TVs did you have?
03:06We had one that worked and one that didn't.
03:09He conveniently left the one that didn't.
03:11What else did he leave?
03:13Well, the bedroom set that was given to me,
03:16he actually left that.
03:17Bedroom set?
03:18Yes.
03:19Washer and dryer.
03:20He left me my kitchen.
03:22Kitchen set?
03:23Actually, he took the kitchen table and chairs.
03:26But he left me my dishes, my pots and pans.
03:29He did leave all that.
03:30So, so far, so far, the vision in my head is that what you get back is the quilt.
03:36What's next?
03:37And the back owing in rent that he left when he left in the middle of the night on January
03:4227th.
03:43Now, had you paid January's rent, sir?
03:45No, I haven't.
03:46I made arrangements with the landlord, gave him a 30-day notice.
03:50When did you do that, sir?
03:51January 1st.
03:53Well, that's not 30 days notice if you left on the 27th.
03:55I gave him the 3rd.
03:56I told him the 3rd of February.
03:58Okay.
03:58I moved out earlier.
04:00Show me the proof that you paid January's rent because that was your arrangement.
04:04You were going to pay the rent.
04:05She was paying.
04:06I haven't paid it yet.
04:07I made arrangements with him.
04:09I needed the money to move into another place.
04:11So, you haven't paid it yet?
04:13No, I haven't.
04:14All right.
04:14So, that's what you owe her.
04:15All right.
04:16Now, how much did you have to pay?
04:17I had to pay $710, Your Honor.
04:19Let me see.
04:24And what the rent was was $595, is that right?
04:28Plus gas.
04:29And how much is the gas?
04:33$7357 plus $20 late fee.
04:35Your Honor.
04:36What?
04:37There was a $250 deposit on those apartments.
04:41Okay.
04:41I think that I should at least be entitled to discount half of that.
04:45They were only going to give back $100 for cleaning since they left it trashed.
04:53Who left it trashed?
04:55They brought three kids to the apartment after I moved out.
04:58And when they vacated on 27th.
05:00How much was the security deposit that was left?
05:02As far as what I know and what the landlord told me, there probably wasn't going to be
05:07much left.
05:08Well, that you have to proceed with with the company anyway.
05:11You know you owe her this money.
05:12You said you needed this money to move into a new apartment.
05:14You owe her the money because your responsibility was to pay the rent.
05:17She paid for all the other bills.
05:18You were there practically the entire month of January.
05:21So, that was your responsibility.
05:24Right.
05:24The rent.
05:25Other than that, other than that.
05:26Other than that.
05:26I also paid the electric and the cable bills.
05:28Listen.
05:29After six years, don't bother me with nonsense.
05:31Will you please?
05:35Okay.
05:36You get your quilt back because that was an antique.
05:38Tell me about this car.
05:39When did you purchase it, sir?
05:41In 1999.
05:42We got it financed.
05:43And you both paid for that car?
05:45Yes, we did.
05:45Is that right?
05:46And you now have the car?
05:47I do.
05:49Because I was the only one that was licensed and insured on that car.
05:52It doesn't make any difference, but you both paid for it and you have the car.
05:55Right.
05:55Because when I took my name off the leasing, they gave him 10 days to get a driver's license
06:03and insurance.
06:04Your Honor, that's totally false.
06:06I'm not listening.
06:07Did I look at you to speak?
06:08No.
06:11I was the only one insured.
06:13I don't care.
06:13What I'm saying to you is, let's be fair about this.
06:17You had a car that you drove as a couple for two years.
06:20Correct.
06:21You each paid a portion of what it took to maintain that car and to pay it off to finance
06:26it.
06:26Correct.
06:27Is that right?
06:28I'm still paying it off.
06:28Yes.
06:29Well, that's fine.
06:29But during the time, you were both paying for it.
06:32Correct.
06:32You now have the car.
06:34You're getting the benefit of some of his payments for the car.
06:38Is that right?
06:39That's right.
06:39So why should he give you the last month's rent?
06:42Because I was kind enough to let him stay in the apartment, not kick him out when he
06:47signed, when he didn't sign the lease.
06:49He hadn't signed the lease.
06:50He hadn't signed the lease.
06:52What difference did it make whether he signed the lease or not?
06:54He was paying the rent.
06:55So what I question to you is, for two years, you each contributed to the monthly payment
07:00on a car.
07:01Correct.
07:01And how many years do you have left to pay on the car?
07:04November, I believe, of this year, it will be paid off.
07:06Fine.
07:07So now you have a car to which he contributed over the course of two years.
07:12Is that right?
07:12Correct.
07:12So you get nothing for rent.
07:15Goodbye.
07:16Have a good life.
07:17Have a happy life.
07:18Have a safe trip home.
07:19Party's eyes.
07:20Q.
07:21Pies have been sworn in, Judge.
07:22You may be seated.
07:22Ma'am, have a seat, please.
07:24Mr. Smith, according to your complaint, you were in a romantic relationship with the defendant
07:29and made a loan to her in the amount of $1,400.
07:32That's correct.
07:33She says you did give her $1,400, but the operative word was a gift.
07:37It was just a gift.
07:38How long did you know her before you gave her this $1,400?
07:42We were in a romantic relationship for approximately two months.
07:45Under what circumstances did you give her the money?
07:49Well, we had a downfall in our relationship in September, which was my fault.
07:54September of 2000?
07:55September of 2000.
07:56Okay.
07:56And I was at fault, but I sincerely cared for the woman, so I wanted to get back with her.
08:02We had begun having discussions about how we might do that.
08:06She had never promised that she wanted to get back to me, but she admitted she still had feelings for
08:09me.
08:10That I would be your friend?
08:11Shh, shh, shh.
08:12Don't interrupt him.
08:13Go ahead.
08:14A couple weeks into that status of the relationship, it became evident that she had financial problems.
08:21What do you mean it became evident?
08:22Well, all of our conversations would center around the fact that she had problems with her bills.
08:27The reason she told me was she had paid a school loan in full and thinking that she would have
08:33enough to cover her day-to-day bills, but could not.
08:36This came out about, I'd say, about a week of discussing her, you know, financial distress.
08:42Basically, she would be vague on the phone, stating that she did have financial problems, but wouldn't delve into it
08:47because she didn't trust me because I had betrayed her, and so on and so forth.
08:51But eventually she did divulge it, and I, you know, offered several suggestions to go to her mother, to other
08:57people, to apply for a loan.
08:59She said she had bad credit, and so there was no way she could get the money.
09:03And I had strong feelings for her and her son, and I wanted her to weather that storm, so I
09:09offered her the money.
09:10What did you say to her?
09:11That I can offer her, you know, whatever amount of cash she has, but it would be on a loan
09:17basis.
09:18And I offered suggestions on how I could be there for her so that if she had an extra job,
09:22waiting tables, or something like that, that she could obtain extra income.
09:26I would watch her son or whatever.
09:29But I'm no position to offer that money as a loan.
09:31Well, did you say it? Just a second.
09:33I mean, uh, as a gift.
09:33You're telling that to me.
09:34Did you tell that to her?
09:36Yes.
09:36That you were in no position to offer it as a gift, you don't mean a loan.
09:39Did you say that to her?
09:40I stated that it would be a loan.
09:42Well, tell me about what she said to you.
09:44I need $1,400.
09:45Well, I said to her, I said, Tarvia, how much are you in the hole for?
09:48I mean, just break it down.
09:49That's what I want to hear, the conversation.
09:51She said, well, you know, I need about $1,400.
09:54And I told her, well, I can give you $1,400.
09:56The word give as in transfer to you.
09:58Oh, just tell me the conversation.
10:00I will interpret it, sir.
10:00Okay.
10:01You said, I can give you $1,400.
10:03And what did she say?
10:04She said, well, she didn't feel comfortable with that because of the status of our relationship.
10:08And what did you say?
10:09And I said, well, then, I mean, it's up to you.
10:12I'm offering that to you.
10:14And you're certainly welcome to take it.
10:16But as a loan, it's not a gift.
10:19I'm a physician, but I'm not board certified in a residency yet.
10:23So I only earn, you know, X amount of dollars.
10:25And I have a significant debt.
10:26Don't tell that to me.
10:26Listen to me.
10:27Mr. Smith.
10:28Dr. Smith.
10:29Yes.
10:30Don't tell that to me unless that's what you said to her.
10:33I don't think that's what you said to her.
10:35I'm not board certified, so I'm in a position to offer it to you as a gift.
10:39I want to know the conversation.
10:41I did say, Tari, I, you know, I have a lot of debt myself, but I have credit because of
10:45my income potential.
10:47So I can get whatever you need.
10:49I can get whatever you need.
10:50Right.
10:51I want you to tell me if there was ever any discussion with her about how she was going to
10:55pay you back.
10:56Yes.
10:57Tell me about that part of the discussion.
10:58She told me that the owner, she works at an insurance company, it's family owned, that the owner was planning
11:05to have a plastic surgical operation done and that in her stead or absence, Tarvia could perform extra paperwork on
11:13the weekends.
11:14And for that, she would compensate her.
11:17And I, you know, when I lent the money, I said, well, then we'll make a fair payment plan, something
11:21that's reasonable that you can pay back over time.
11:24And what did she say?
11:25And she said, okay, you know, I don't think she felt comfortable with it because of her situation.
11:30Well, I think she was embarrassed, one, that she had financial problems, and two, because of the status of her
11:35relationship, whether we were going to get back together or not.
11:38She felt uncomfortable receiving money, but she needed it.
11:40I know, I understand that, but she did say to you that she was going to try to get this
11:44extra work so that she could pay you back.
11:46Yes, she did.
11:47Okay, now I'll hear you.
11:48Okay, as far as the conversation is concerned, he asked me over repeatedly what was wrong with me because I
11:56was vague.
11:56I didn't talk very much to him on the phone.
11:59I told him after our breakup, after we stopped talking or whatever, he pursued me and pursued me and pursued
12:05me, and I told him that we could be friends,
12:07that I would still speak to him and talk to him on a friendship level.
12:10I never let him on or anything more than that.
12:13I spoke to him as a friend.
12:14He asked me what was wrong.
12:16I seemed vague, what was the problem, you know, and so on and so on, and it wasn't just one
12:21conversation.
12:22I talked to him more than a week, and he still said I seemed vague.
12:25I told him that I did have problems.
12:27He kept asking me what it was, what he could do to help, guessing at what it may be, this
12:33and this and that.
12:33Eventually, I just told him, you know, I have financial problems right now, you know, and he's like, well, what
12:39is it?
12:39I can help you with it.
12:40What do you need me to help you with?
12:42And I told him no.
12:43I didn't need help from him.
12:44He said, well, you know, could you go to a family member?
12:47Could you?
12:48And I just said, no, you know, I'll figure it out.
12:50He said, no, you know, I care about you.
12:52I want to work it out.
12:53What can I do to help you?
12:55You can ask him.
12:56He did actually, I mean, please let me help you.
12:59Please, I'll do whatever it takes to help you.
13:01That's exactly what he said.
13:02Okay.
13:03You know, I told him no for quite a while.
13:06Then finally, he's like, well, I just want to help you, you know, whatever.
13:09I will give you this, is what he said.
13:11The whole thing about him not earning.
13:13Just a second.
13:14I can give you what?
13:15I will give you what money you need.
13:17Did you tell him in what amount?
13:19Yes.
13:20$1,400?
13:21Yes.
13:22Did you, in fact, have a discussion with him about the place where you work and being able to get
13:27extra hours?
13:28The place where I work on Saturdays, which we do this quite often, we can stay late and do extra
13:35stuff.
13:36So you did have that discussion with him.
13:38But I could do that at any time.
13:39I don't know.
13:39Yes, I did, yes.
13:41So that you could make extra money.
13:42Yes, so that I could make extra money, period.
13:45Not to return the money that he was going to give you.
13:48So I could make extra money, period, because I was in financial, I did have financial problems, yes.
13:52Well, once he gave you the $1,400, did that take care of your financial problems?
13:57Pretty much.
13:58Well, if that took care of your financial problems, then it's reasonable to have said that you could work an
14:03extra hour or so on Saturdays to get that money back to him over a period of time, isn't it?
14:09Yeah, it's reasonable to say that.
14:10Good.
14:11Real cases.
14:12Real people.
14:13Judge Judy.
14:15Eric Smith claims ex-girlfriend Tarvia LeHue owes him for a loan.
14:20Tarvia says Eric gave her that money.
14:22Okay, Mr. Smith.
14:23He was your friend.
14:24He was my friend until he started stalking me and harassing me and waiting outside my house, calling me all
14:30times of the night, calling me at work, telling me he was going to kill himself, asking me who would
14:36take care of my son, totally obsessing over me, calling my friends, finding out.
14:44Was that before or after the $1,400?
14:46This is after.
14:47Well, he, I understand from you that he transferred the money directly into your bank.
14:51Is that right?
14:52Yes.
14:52On what date did he transfer the money into your bank?
14:55I don't know the exact date.
14:57Give me your...
14:57October 19th, Your Honor.
14:58When did you stop speaking to him after October 19th?
15:02I actually never stopped speaking to him.
15:04You mean on a friendly basis?
15:06On any basis.
15:06I didn't stop speaking to him until I changed my phone number in January, because he kept calling at all
15:12times of the night.
15:13Mr. Smith, when was she supposed to make her first payment to you?
15:16December 1st.
15:17And how did you come up with that date with her?
15:20Well, I lent her the money on, we made an agreement, a written agreement on October 18th, 2000.
15:25You have a written agreement?
15:26Yes, Your Honor.
15:26May I see it, please?
15:28I also have evidence of the transfers.
15:30I don't know if you need that.
15:31There's no issue as far as the money is concerned, but I would like to see just the written agreement
15:35you have with her.
15:36Okay.
15:37That's the written agreement?
15:38That's the written agreement.
15:39Okay.
15:51Where did you go to medical school, Dr. Smith?
15:53I went to the Philadelphia College of Osteopathic Medicine.
15:59Did you sign that?
16:03Yes.
16:03When?
16:07When?
16:09The date is on the page.
16:11When did you sign it, I asked you?
16:15On the date.
16:17On what date did you sign that document, Madam?
16:21October.
16:23Are you sure about that?
16:24Yes.
16:26Where were you?
16:27He brought this to my house.
16:29That's incorrect, Your Honor.
16:30Did he bring it to your house before or after he transferred the money to your account?
16:35After.
16:36May I respond, Your Honor?
16:37No.
16:38Can I see now from that packet the day of the transfer of the money to her account?
16:44Originally, at my residence, which is where the transfer took place.
16:48I just want to see.
16:49When I wrote checks, I wrote checks, then the next day it appeared that three days was not
16:54enough time for the check to clear and for her to resolve her financial difficulties.
16:58So, she held on to the checks, returned them to me later that evening, and during the course of that
17:03afternoon, I had made a wire transfer from my credit card to my checking account to her account.
17:08So, the day before you made this wire transfer to her account, she signed this loan agreement?
17:16I would not issue money without a contract.
17:18Well, how do you account for this if it was a gift?
17:20I signed that after the fact.
17:22No, you didn't.
17:23Yes, I did.
17:24No, no, no.
17:25You signed it before.
17:27It's dated the 18th of October of 2000.
17:29Right.
17:29That's the date that the money was transferred.
17:31No, it was transferred on the 19th.
17:33I have the bank statement.
17:34But what difference does that make, whether it was done on the 18th or the 19th?
17:37It does, because it was a gift.
17:39He gave it to me.
17:41And what did you sign this document for that you were going to...
17:42So, he would leave me alone?
17:44You mean in the one day?
17:45No, in the...
17:46In the one day, you wanted him to leave you alone?
17:48No.
17:49So, then what did you sign the loan agreement for?
17:51So, he would leave me alone after the fact.
17:54You're pretty slick.
17:55Judgment for the plaintiff in the amount of $1,432, which is including the interest, as agreed.
18:00That's all.
18:00Parties are excused.
18:03He was harassing me, and at the point where I signed that, I would have done anything.
18:07Just for him to leave me alone.
18:09Never once did I ever threaten her safety.
18:10His whole behavior, him threatening to kill himself.
18:13Until the clear demise of the relationship, I tried to get her to come back to me.
18:18Following me, driving by my house.
18:19My actions were no way outside the realm of somebody who was a jilted lover and actually cared for her.
18:25He told me he had nothing else but his job to live for.
18:28I care about the woman.
18:29I still care about the woman.
18:30He's crazy.
18:31I don't think that that's crazy.
18:32I don't think that it's unfounded.
18:34And now, the next case.
18:36All parties are Fiorello versus Kraft.
18:39Step forward, please.
18:4033-year-old sales manager Vincent Fiorello is suing 24-year-old graphic designer Danielle
18:46Kraft for backing into his car in a nightclub parking lot.
18:49Danielle says Vincent was illegally parked.
18:52Mr. Fiorello.
18:53Yeah.
18:54According to what I've read, you were at a club, some sort of club or a bar.
18:58Your car was parked outside in a parking lot.
19:01Is that right?
19:02Yes.
19:02Some folks came in and told you that your car had been hit.
19:05You went outside.
19:06You found that your car had, in fact, been hit, and it was hit by the defendant in her car.
19:11Yes, Your Honor.
19:12The defendant acknowledges that she hit your car.
19:15Her defense is twofold.
19:16First, that your car was parked illegally.
19:18And second, that you were annoying her.
19:21Tell me about your defense.
19:23I was at the club that night and hanging out there, and he kept approaching me all night
19:28long, following me around wherever I went, and it was just driving me crazy.
19:32So I decided, I told my friend Andrew, let's go.
19:35I said, I can't take this anymore.
19:37So we decided to leave, and as I was pulling out of the parking spot, I ended up hitting his
19:42car, which wasn't even in a parking spot.
19:43He was illegally parked.
19:44The club was packed that night, so he decided to make up his own parking spot.
19:48And I then hit his car.
19:50Well, was he parked next to you?
19:51Explain to me how he was parked.
19:52No, he was parked right behind me.
19:53I was, like, in the parking spot, and he was parked right behind me.
19:56And as I was backing out, I thought I had enough room to clear him, and I couldn't get
19:59out.
20:00So then when I hit his car, I then proceeded.
20:03There was police officers in the parking lot, so they seen the whole thing happen.
20:07So you stopped?
20:08I stopped right away.
20:09Good thing the police officers were there.
20:11Oh, I would have stopped anyway.
20:12That's the kind of person I am.
20:13Okay.
20:13And then Andrew went into the club page saying, whoever owned this vehicle, the police come
20:21out.
20:21And we waited for a good over an hour.
20:24Nobody comes out.
20:25So then the police officer runs the plates and finds out it's Vincent's car.
20:28I was like, oh, what is my luck?
20:30Of all people I had to hit, it had to be the guy who was driving me nuts all night
20:34long.
20:34I was like, that's my luck.
20:36So he then goes inside, gets him.
20:39He comes out, and he's like, don't worry about it.
20:42Don't worry about it.
20:43It's no big deal.
20:44He's like, I was planning on getting my car painted in a few weeks.
20:47Don't worry about it.
20:48And I was like, I'm so sorry.
20:49I didn't mean to hit your car.
20:51Here's my number.
20:52Here's my insurance information.
20:53I'm sorry.
20:54And he's like, don't worry about it.
20:55It's no big deal.
20:56Just give me your phone number, and we'll work something out.
20:59And shh.
21:00Please.
21:01So the police officers said, well, if you have it under control, if you don't want to fill out a
21:06traffic report, and he said no, he doesn't want to.
21:08I said, well, then I'm fine with it also.
21:10So we then proceeded to leave.
21:11You gave him your phone number?
21:13I gave him my phone number.
21:14Why'd you give him your phone number for?
21:15So if there was any problems with the car, I would have paid for it if he decided to change
21:19his mind, because I'm not that kind of person to just hit and take off.
21:21So you gave him your phone number, even though he had been annoying you, so that when he found out
21:27what the damage was to the car, he was going to call you.
21:30Otherwise, you wouldn't have given him your phone number, as nice a person as you were, because he was annoying
21:34you.
21:34He was the reason you were leaving the club.
21:36So you weren't going to give this nut who was annoying you your phone number.
21:39I really didn't want to.
21:41But the police were there.
21:42Yes.
21:43All right.
21:43Okay.
21:44So you gave him your phone number, and he called with an estimate?
21:46An estimate of about $200, he told me.
21:48I said, okay, let me know where you're taking the car.
21:50I'll go there.
21:51I'll give them the money.
21:52I don't want to give you the money directly.
21:53He's like, okay.
21:54And then he asked me out on a date, and I told him I wasn't interested.
21:58And he's like, okay, well, where do you live?
21:59I said, you don't need to know where I live.
22:01I was like, wherever you're taking your car, let me know.
22:03I'll meet you over there.
22:04About a week or so goes by, and I had another message on my machine saying, well, Danielle, I'm sorry.
22:08I had another estimate done.
22:10It's a lot higher than I thought.
22:11So I was like, okay.
22:13And I just kind of left it at that.
22:14And then I ended up going into surgery, so I was out at my parents' house for over a month,
22:18and that's why I wasn't able to get in any contact with him.
22:21You mean there were no phones at your parents' house?
22:23He didn't have the number over there.
22:24No, you didn't have his number?
22:27No.
22:27But you knew his name.
22:29Mm-hmm.
22:30Did you try to get his number?
22:31No.
22:32Okay.
22:33Go ahead.
22:34I ended up staying at my parents' house, and within this time, he was coming by my house.
22:38He ended up finding out where I lived.
22:39He was leaving notes on my door.
22:41My dad found notes on the door saying, listen, what's going on?
22:47Okay.
22:47Let me see the estimates, please.
22:51Pictures, too?
22:52Yeah.
23:05Your Honor, can I just do something that she says?
23:07Yes.
23:09Before, prior to me getting the estimate, I called her up, and I says, I'm going to be getting the
23:14estimate.
23:15She told her, and I said, how much do you think it would be?
23:17I said, well, I'm at an auto-mechanical.
23:19It's probably going to cost $200 or more.
23:21I mean, I didn't say I was going to be exactly $200, but I'm a mechanic.
23:25I wouldn't know.
23:26All right, listen to me.
23:27You don't have a problem, Mr. Fiorello.
23:30There is no question so that you took this car to a very reasonable place.
23:34I'm charging you $600 to fix this.
23:37Fix it, paint it.
23:39Right?
23:40Yeah, I'm telling you.
23:41You're right.
23:43Miss Kraft really doesn't have a legitimate defense when she says your car was parked illegally.
23:47I have photos of where his car was parked.
23:49It doesn't make any difference, madam, because you hit his car, and then you send somebody into the club to
23:55find him.
23:55Right?
23:56And ultimately, he was found.
23:58If his car was parked illegally in a spot where you could not get your car out safely, what you
24:04do is you send the person into the club to find whoever's car it is and say, move your car
24:09because I can't pull my car out safely.
24:12You don't ram into his car.
24:14That's what you do.
24:15And it's not a defense because his car isn't moving, your car is.
24:19You could have called the police if his car was parked illegally, and you say the police were right in
24:23the parking lot.
24:24They would have towed his car away if it was parked illegally.
24:28That might have cost you some inconveniences to time, but this is going to cost you $609, judgment for the
24:34plaintiff.
24:35Your Honor.
24:36The verse is how well.
24:38If the price has been sworn in, Judge, you may be seated.
24:40Folks, have seats, please.
24:42Ms. Smith, the defendant was your mother's boyfriend, according to what I've read, and a couple of years ago, you
24:47purchased a car.
24:48You had no credit.
24:50The agreement was that the car would be purchased in the defendant's name.
24:54You would make all of the payments on the car and maintain the insurance.
24:57It is your claim that you did just that, and despite the fact that you made all the payments on
25:02the car, the defendant repossessed the car.
25:04Yes.
25:05Is that right?
25:06The defendant says that you did have such an agreement, but that you were, in fact, irresponsible in making those
25:10payments in a prompt fashion.
25:13That's why he repossessed the car, and he's countersuing.
25:16Ultimately, you say in your answer that she destroyed your credit, and that's what you're suing for.
25:20Is that right?
25:20Also lost value of the car, or what's the market value today, and what's owed on a loan.
25:25Okay.
25:25So when was the car purchased?
25:27In February of 99.
25:29Okay.
25:29When was the car repossessed?
25:31January 17, 2001.
25:32So you had the car for almost two years?
25:34Uh-huh.
25:35And what were the monthly payments on the car?
25:37The monthly payments were $426.89.
25:40When were the payments due?
25:41On the 27th of the month with a 20-day grace period.
25:44Is the 20-day grace period in any of the paperwork that you have?
25:48We don't have any paperwork.
25:51I have the payment book showing when the payment is due.
25:54The payment book would also say what your grace period is.
25:57It should say.
25:58Okay.
26:05No, all it says is it's due on the 27th of each month.
26:09The bank let us know that we had 20 days grace period.
26:13You have to show me that in writing.
26:14This says the 27th.
26:16Okay.
26:17Okay?
26:17So now you're going to show me two years' worth of payments of $426.89.
26:24Yes.
26:24Can I have you, please?
26:25$427 just because it was $0.89.
26:28It was easier.
26:29Okay.
26:29I don't have every receipt because we were friends.
26:32No, no, no, no, no, no, no.
26:34Okay.
26:34Every receipt you have to have.
26:36Okay.
26:37Why did you black out this?
26:39I didn't do that.
26:40When you go, because I'm not Imran Hauer, the tellers will mark it out because they don't
26:44want me knowing the balance on the car.
26:46That's the big argument in this is I've wanted to know for a long time what's going to principal,
26:50what's going to interest each time, and Imran hasn't kept up on his end of the deal by letting
26:55me know that by calling the bank.
26:57Just a second.
26:58I only have 12 receipts.
27:00You should have 23 receipts.
27:02I don't have those because some of them are in the car that he came and took.
27:06That's not true either.
27:07I made every payment on that car.
27:09But you only have proof of one year when you kept the car for two years, right?
27:14Yes, but...
27:15Okay.
27:16Now, do you have a payout from the credit union as to what payments were received and
27:23what payments were not received?
27:25I have a payout as of 1229 of this past year.
27:29That's the last one I got.
27:30Let me see it.
27:30It was made since then.
27:31Let me see it.
27:32Here you go.
27:34Because you repossessed the car immediately thereafter?
27:37Yes.
27:37Okay.
27:40How many payments does it say she missed on this thing?
27:42Well, since December 1999, she's made 11 late payments.
27:46And our agreement was to be responsible as far as...
27:49Well, I see the late charges.
27:50Yes.
27:50Also, here's some late notices too that will also...
27:53Your Honor, I never received any of those.
27:55And I never knew that the payments were late that long.
27:58That's not true.
27:58Or I would have never made the payments late that long.
28:01That's not true, Your Honor.
28:03Countless times I phoned the plaintiff.
28:05She keeps saying she made a payment.
28:06She made a payment.
28:07And then until I found out that this was going to go on my credit and was serious, then I
28:10started
28:10doing this investigation and it has damaged my credit, which I also have proof of too.
28:14I never knew until he came, took my car on January.
28:17It was either the 16th or the 17th.
28:20I never knew that the payments were late until I went out to get in my car and it was
28:23gone.
28:24I have the police report showing that I called the police because my car was obviously, to me,
28:29it was stolen.
28:29I didn't know who had taken it.
28:31Well, I have documentation here, madam.
28:33It says payments passed due to, that's on January 8th.
28:38Oh, it's not aware of that.
28:39That's what I'm saying, is the payments had gotten behind one time.
28:42Imran had me call and pose as his secretary because he wanted me to tell the bank that
28:46he was out of the country so I could speak with a lady named Nicole.
28:51Just a minute.
28:51And I have witnesses.
28:52In July, you had payment passed due.
28:57That was the only time I was aware I was late.
28:59You can't be late.
29:00That was the only time I was aware.
29:02You can't be late.
29:03You were aware.
29:04You were aware.
29:04I was not aware because I never received any paperwork on that.
29:07You received phone calls from me.
29:08I never received.
29:09Judd, but don't yell at each other.
29:11You were aware of the fact, Ms. Smith, that on the 27th of each month, they were to receive
29:17a check.
29:19I've just looked at some of the receipts that you sent.
29:22You pay on the 9th of the month.
29:24Now, those weren't early payments.
29:26Those were late payments.
29:27You paid on the 9th of October.
29:30You paid on the 13th of January.
29:33You paid on the 24th of October.
29:36That wasn't an early payment.
29:38That was almost a month late.
29:40I was never aware it was a late because when we got behind in July, Your Honor, I had made
29:45payment arrangements, Imran and I, with the bank, and I took care of that.
29:48Now, if the bank's saying I'm late after I took care of the agreement we had with the
29:52bank, I was not aware of that.
29:54Well, you should have been aware of it, Madam.
29:56You made some of your payments almost a month late.
30:00You've made none of them except for maybe one on time, one, out of all of these payments.
30:07That's irresponsible.
30:08We both knew that there was a 20-day grace period on the car.
30:12That's the written documentation of your contract which says it's due on that date.
30:17You have nothing to show me a 20-day grace period, but even if that's true, of the receipts
30:22that you gave me, many are made even beyond a 20-day grace period.
30:27They're not made beyond the 20-day grace period because I don't have every one of the receipts
30:32there.
30:33The ones that you gave me, of the ones that you gave me, many are beyond even a 20-day
30:41grace period.
30:42Some of them are almost a month late.
30:44Judge Judy continues in a moment.
30:46There is no reason for him to damage his credit by your making late payments on the car.
30:53Your Honor, it wouldn't have been late.
30:55If I would have known, I would have found a way to get the money to make the payment.
30:58I wouldn't have let it go late.
31:00I need a car.
31:01I have no car, two kids, no car.
31:04Ms. Smith, you never made your payments on the 27th of the month.
31:08Now, if it's just your credit that you're concerned about, I can understand it.
31:13You know, if you say, I'm going to destroy my own credit, I can do that.
31:18I never intentionally destroyed his credit.
31:21It's not a question of intentionally.
31:23You probably never intentionally destroyed your own credit.
31:26How come he didn't let me know beforehand when my three-year-old daughter went and spent
31:29the night at his house in November, he wanted me to go, me and my brother, go to Mammoth
31:34Mountain and go snowboarding with him?
31:36How come I didn't know then?
31:37We were friends.
31:38I constantly told her she was late.
31:39I gave her chances until I started going on my credit.
31:42I was trying to be a nice guy and help her out.
31:43You had an agreement with him.
31:45Well, what I'm trying to explain is...
31:47And I don't know why you needed a car that was this expensive anyway if you had lousy credit.
31:50Because I was young and I wanted a nice car.
31:52And he agreed to help me get one.
31:54We had a car beforehand, and Imran...
31:57Just a second.
31:58Am I speaking to you?
32:00And you don't just shout out in the courtroom.
32:01That's not what you do.
32:02Are you her brother?
32:03He's my boyfriend.
32:04No, I'm her boyfriend.
32:05Boyfriend.
32:05Okay.
32:06I assume if you have a boyfriend, and if your boyfriend is employed, then what he does
32:10is he says to you, I don't want you to have any further problems with this car.
32:14I will take out a loan and get it out of his name.
32:17We had a 97 truck in his name that we sold back to the bank.
32:22We got rid of a car to make sure that we kept making the payments on the 99 Seabury.
32:26If you have no money and you have no credit, you don't buy a $23,000 car.
32:31Well, the verbal agreement...
32:32You buy a car for $1,500 just to get you around.
32:36That's what you do.
32:37He shouldn't have agreed.
32:38He even agreed to help me make the payments every month, and he never did that, which I
32:43didn't care because I made my payments.
32:44I have a witness stating that she can tell you that he did say that he would help me make
32:49the payments every month.
32:50He was acting as my stepfather.
32:52He told me on the phone the reason he took my car.
32:55He was upset because he saw my mom driving the car.
32:58That's not the reason why I'm talking about that.
32:59This is what I got on the phone.
33:00We came back on the 14th.
33:02Imran had left the dirty, vulgar message on the recorder.
33:07How come he didn't keep up on his end of the bargain by letting me know what was going
33:12on?
33:12He waited all the way until January?
33:13If it's been late since July, wouldn't you keep up on your end of the bargain, you know,
33:18if your credit is going to be ruined?
33:21Ms. Smith, I believe him when he says he told you that he was getting late notices.
33:25I believe that when he says to me that he let you know in July of 2000 that he had
33:31gotten
33:31a late notice.
33:32He got the late notice, not me.
33:33No, that he let you know that he got a late notice in July because anybody who's in a
33:39circumstance like his would do something like even mention to you, hey, listen, I got a
33:45late notice in July.
33:46No, because you haven't even spoken to it until November.
33:48Okay, let me hear your counterclaim, sir.
33:50Okay, I have a car that I never reached a payment on if she kept her end of the bargain.
33:55She hasn't.
33:56She has damaged my credit.
33:57I'm already at a loss because my credit.
33:59So what do you want?
34:00The difference of the value of the car, what it is today versus what it was owed on the
34:02loan.
34:03You have the car.
34:04Yeah, but now I owe $7,200 on the car because I can't return the car.
34:09That's very possible, sir.
34:10So you have your choice.
34:11If you sell the car and if there is a discrepancy between what is owed on the car, then perhaps
34:18you will have a cause of action against the plaintiff.
34:21Until that time, all you have is speculation.
34:24Will two appraisals make a difference?
34:25I got to appraise?
34:26No.
34:26Okay.
34:26Absolutely not, sir.
34:27I'm smarter than you are.
34:29All right.
34:29You got me?
34:30Two appraisals mean absolutely nothing.
34:33What you do is you sell the car unless if the plaintiff, who you, I assume, had some
34:39kind feelings for for a long time, wishes to, along with her boyfriend, refinance the car
34:45in their own names.
34:47Perhaps you'll be taken off the hook.
34:50Do you understand?
34:51Yes, I have.
34:51If they don't do that, you sell the car and whatever the difference is, you may have a
34:58cause of action against the plaintiff.
35:00You got it?
35:01Yes.
35:01Now, you work?
35:03No, not right now.
35:04I'm off because I injured my back at work.
35:07Well, then I don't see how you can have a car if you're not working.
35:09He's solely supporting me.
35:10Well, when I had the car...
35:12If he's totally supporting you, then I strongly urge, if he can afford to make payments on this
35:17car, take out a loan, you get your car back.
35:20Isn't that a good idea?
35:21Yes, ma'am.
35:21In your name.
35:22I've tried to contact Imran since the car's been taken out.
35:25Well, you don't want to lose any money, do you?
35:26Of course not.
35:27And if what you're telling me is that you will lose money if you sell this car, and
35:31your chances of collecting from her are zippo, since she's not employed, I would strongly
35:38urge you to work out an agreement with this lovely gentleman here so that he can get a
35:43car loan and he can pay off this note.
35:46Right?
35:46I've tried that.
35:47Perfect.
35:48We would have got a loan in his name in the beginning, but his credit isn't good enough.
35:53Well, then what do you want me to do?
35:54Your credit's no good and you have no job.
35:57You said his credit is no good, he has a job.
35:59What do you want him to do?
36:00Goodbye.
36:01Why does I excuse you?
36:02You may step out.
36:04He's jealous and he's just, that's the bottom line.
36:07I saw her mother driving the car, he still has feelings for her.
36:09And he knows that.
36:10He's a childish man.
36:11He's the one when I am about it.
36:12I feel sorry if you feel this way, it's not a personal manner, it's business.
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