The People's Court   View more episodes

Aired at 03:00 PM on Tuesday, Jul 07, 2009 (7/7/2009)      View all transcripts from this day


00:00:06>> So this is basically my business. this is what I do.
00:00:09And this is the reason why she hired me.
00:00:11And I showed her the sketches and everything as well.
00:00:14Everything I've done-- this is not from a pattern.
00:00:16I just basically cut the material and put it together, which is not the proper way to do it, by the way, but that's what I do.
00:00:23>> This is the plaintiff, she says she hired the defendant to make her outfits for her baton-twirling students.
00:00:30The defendant's given her the royal runaround and keeps pushing her job back and now won't answer her door or phone.
00:00:37She has no other choice but to sue her, here and now, to get her $368 returned.
00:00:49This is the defendant, lisa.
00:00:52She says the plaintiff told her she need the uniforms in january, and in the middle of november, she did an about-face and said she needed them right away.
00:01:00She told the impatient woman there were brides she had to make gowns for ahead of her, and she said, "the brides she's accused of dragging her feet.
00:01:14The defendant has filed 25 for all she's out.
00:01:21>> All parties please raise your right hands.
00:01:23>> Everybody's talking about the honorable marilyn milian, the hottest judge on television.
00:01:30Real cases, real litigants here in our forum, " >> be seated and come to order, please.
00:01:42Litigants have been sworn, your honor.
00:01:44>> Thank you, douglas.
00:01:45Ok. katy anholt?
00:01:47>> Yeah.
00:01:47>> You are suing lisa-- you asked us not to use your last name, and we'll respect that, and you've asked us not to use the name of your store.
00:01:53You own a store, correct?
00:01:54 actually, I operate out of a studio.
00:01:57>> Ok. a couture business.
00:01:59 we won't use the name of that either.
00:02:01So I'll ask you to respect that.
00:02:02You're suing her for $368 that you say you paid to her for some biketards that she never gave you.
00:02:07And you are counterclaiming 25 that you say you are out as a result of trying to complete this project.
00:02:14 tell me what happened here.
00:02:16 so, I've been a baton twirler for a very long time, including regional and national competitions-- >> I got to say, you are the happiest litigant I've had here in a while. go ahead.
00:02:27>> I'm a really happy person.
00:02:29I also teach kindergarten ..
00:02:32I teach at a very small school, and I decided that I wanted to start a baton club.
00:02:37So the club right after school is for free, and all the kids can come to it, and then there's a pay class after that.
00:02:46And so for the kids that are paying, I wanted to have them have a black biketard, which is like this.
00:02:53And then is one that I bought, then, from a dance studio.
00:02:56>> It's like a unitard with the little bike shorts in it.
00:02:58Pull that up.
00:02:59Pull that up for me.
00:03:00>> So it's a whole one-piece deal.
00:03:01>> All righty.
00:03:02>> And then everyone looks the same, and it's the team-unity aspect.
00:03:07SO, ON SEPTEMBER 21st, I looked on craigslist for a seamstress to sew these biketards, because I knew that I could get them at target for $18, $19, but they change each year, and they have different little designs.
00:03:21So next year when I have the club, even if they-- >> you want the students from last year to look like the students from this year, and have the same--yeah.
00:03:29 so we went over, and so I looked through the sample books, picked out we talked about how much it would cost.
00:03:36She said that it would be-- that it would take her about an hour per biketard.
00:03:41So that would be $10 an hour, $10 per biketard in labor.
00:03:45 I was paying her to make 16 at the start.
00:03:49So that's $160 labor.
00:03:51Then she needed to order the fabric, and she said that if I ordered the whole bolt of fabric, it would be cheaper.
00:03:59>> Now, the total amount that you gave her was $360-- $160 for the labor, right?
00:04:05>> And then $200 for the fabric.
00:04:06>> And then $200 for the bolt-- actually it was-- $200 for the bolt of fabric 00-- 00 was for a logo that she was going to have-- that she was going to embroider onto the front right here-- >> which was going to say?
00:04:19>> Fantastix, which is the name of the team.
00:04:21>> That's the name of the team.
00:04:22" >> so now here it is-- you're having all these discussions with her when?
00:04:26>> So, this was all on SEPTEMBER 21st, THE FIRST DAY.
00:04:29>> Ok.
00:04:29>> On that day, she said she would have them to me in 2 weeks, which was-- >> and that was fine, because-- >> 2 weeks was fine.
00:04:37>> Still trying to pump everybody up to join the club.
00:04:39>> Exactly.
00:04:40>> So when the 2 weeks come and go, what happens?
00:04:43>> SO ON THAT, ON OCTOBER 1st, She said that they wouldn't BE READY ON OCTOBER 6th, Like she had originally said, but that they'd be ready soon.
00:04:53" SO THEN OCTOBER 26th, I CALLED, And she said she was really sorry, that she's had these she had many, many excuses, and she was so sorry that she was going to make me 4 pairs of boys bike shorts for the boys.
00:05:09November first, I called again.
00:05:11She said they were cut out but they weren't sewn up yet.
00:05:14>> Ok.
00:05:15>> And that she was going to drop them off at my house on november third.
00:05:20>> Did they get dropped off at your house?
00:05:21>> They did not.
00:05:22SO NOVEMBER 30th, MY FATHER And I went to her house with a demand letter, which is what the court told me to do.
00:05:29So I typed up this demand letter. I took it to her house.
00:05:32I have pictures and everything that I went.
00:05:34>> You have pictures of the demand letter on the door?
00:05:36>> Yep.
00:05:37>> Let me see it.
00:05:38>> Ok.
00:05:39>> All right. so?
00:05:42So you don't have your money.
00:05:44You don't have the biketards.
00:05:44You want your money back.
00:05:45What is your version on this?
00:05:47..when she came to meet with me, I showed her-- this is one of the dresses that was on the hoop.
00:05:52And the other gown that I was working on was this one.
00:05:56My clients were nice enough to loan them to me.
00:05:58So this is basically my business. this is what I do.
00:06:01And this is the reason why she hired me.
00:06:04And I showed her the sketches and everything as well.
00:06:06Everything I've done-- this is not from a pattern.
00:06:08I just basically cut from the material and put it together, which is not the proper way to do it, by the way, but that's what I do.
00:06:13Um, so I tell katy then i-- she gives me the $100.
00:06:18The fabric cost is just I would get back to you with a total cost-- >> I assume nothing's in writing, right?
00:06:24So go ahead.
00:06:25 so katie came back to review the design that I came up with on the 30th of september at 6:00.
00:06:31She said, "i don't like this.
00:06:33"I just want plain black.
00:06:34Could you please just do " I don't understand why you're hiring a designer to do something you could pick up at target.
00:06:39 I understand, but here's the deal.
00:06:41If biketards are beneath you, don't take the business.
00:06:43At the end of the day, if you're going to take the business, then you got to abide by the contract.
00:06:46>> What I'm trying to say is, I tried to get her to just buy biketards, bring them to me-- >> she didn't want to do it.
00:06:50They're 23 bucks at target.
00:06:51She didn't want to do it.
00:06:52That might have been a better idea, but she didn't want to do it, because she has a good reason for not wanting to do it, which is she wants the uniforms to match every year.
00:06:58So if there's not--of course, you could have looked for a supplier maybe who would be in business a long time, rather than target that just buys what's seasonal.
00:07:05Whatever it is, the point is, she didn't do it, and you you said, your " now, what was the delay?
00:07:14Why did it take months and months, and you still didn't-- >> ON SEPTEMBER 30th, 00 in the evening, she said, "all the kids canceled.
00:07:20" I said, "so, do you need--" >> canceled or never signed up?
00:07:24>> She said, "i have nobody "signed up for my class.
00:07:25"I'm really depressed.
00:07:26" >> I said, "do you need them " she says, "no, I don't need them anymore.
00:07:30It doesn't matter when I get " I said, "well, then, in that "case, I've got this gown and "this gown that I'm working on, "and I've got a fashion show "coming up, and I have a couple "of brides' weddings "that are coming up.
00:07:40"So they're going to be ahead "of you, just so you know that.
00:07:42"And I will get these to you on january first--" >> ok, but what incentive would she have to tell you, "no, take your time," when she was paid in full?
00:07:50>> She wasn't paid in full.
00:07:51She still owed me $60 for labor.
00:07:53And she still owed the textile company money.
00:07:55>> She'd already paid $360, right?
00:07:57>> That's not for labor.
00:07:58She only--what I was trying to get to, but you interrupted me-- >> yeah. that's what I do.
00:08:02>> I know.
00:08:04>> That was a bozo no-no.
00:08:07The testimony continues.
00:08:09>> When she says, "can you do it " I said, I might be able to get to it," she hears, "i promise I will do it that saturday," even though she knew--what happened was, she decided to-- >> well, how about if you say to her, "no, I'm going to have them in january"?
00:08:20 they " >> she never said that.
00:08:23>> Maybe you both have maybe you're both too pollyanna, and then you're NOT COMMUNICATING CLEARLY.Fx]H>H>x]Fx]H>F >> The plaintiff is a known baton twirler.
00:10:35She hired the defendant to make outfits for her students, but the whole thing crashed the defendant says the plaintiff lost all her students, so it was no big deal there was a delay.
00:10:44Nobody was in a hurry to twirl.
00:10:46Let's listen.
00:10:47>> I was trying to tell you that she paid me $100, and it was supposed to be a fabric deposit, according to my original record, and then she came back, and I told her, I said, "this is the total cost "of fabric is $770, but I can do "the 18 for $260, but you'll "have to pick up the rest of the fabric from the textile " >> she wanted 16, not 18.
00:11:05And why would she buy $700 worth of fabric?
00:11:07>> Because if you're purchasing the whole bolt at 55 yards, you can make 55 leotards out of them, and she could continue to make them.
00:11:13>> How much will the leotards end up costing then?
00:11:15>> They end up costing $18 a leotard in fabric.
00:11:18>> According to you, they would end up cost $23 a leotard.
00:11:20>> Plus my labor, and my labor is $20 an hour, not 10.
00:11:23 so then how much-- in fabric $18, and then in labor $20?
00:11:28>> Which is why I tried to get her to buy leotards and bring them to me and I would logo them, and she said, "i want to choose the fabric, "and I want the width on the sleeves to be--" >> did you ever tell her beforehand, "oh, my gosh.
00:11:37"They're going to cost you " >> she said, "i don't know if that's in my budget," and I said, "well, we could "probably get to close "to your budget, but you're "only going to have a certain you're going to have "to pay the textile company " will you please explain to me, because you're a fast talker, but I'm still not hearing my answer.
00:11:52I mean, you talk very fast, and you're giving me a lot I'm still not hearing the answer to my question.
00:11:56Is your answer to me, "she told me don't worry even though she had "$360, $368 in my pocket, "she said, ah, never mind.
00:12:05"I don't have enough kids "signing up, so I'll just wait "in line, and you can give them "to me some other time when you're good and ready"?
00:12:11>> I gave her a new deadline.
00:12:12>> And the new deadline was when?
00:12:13>> January first, and they're finished, and I have them here with me.
00:12:16 except for that she says that's not true.
00:12:18She says that she goes with her dad--do you have affidavits from your dad and your mom? hand them over.
00:12:23That they're knocking she's got a picture going to your house and posting a demand letter.
00:12:28So I don't think this ..holds true.
00:12:32>> It's been my experience with katy, if she wants something, she says-- when she says, "can you do it by this weekend," I said, I might be able to get to it," she hears, "i promise I will do it that saturday," even though she knew--what happened was she decided to-- >> well, how about if you say I'm going to have them in january"?
00:12:48 they " >> she never said that.
00:12:51>> Maybe you both have that maybe you're both too pollyanna, and then you're not communicating clearly.
00:12:56 and then when you say to her, "i'll try," she thinks it means she's going to have it, and then over and over, "i'll try," not "oh, she gave me a new deadline of january," and now they're ready.
00:13:06Well, now it's too late.
00:13:08What did you end up doing?
00:13:09What did you do for the costumes?
00:13:11>> What did you end up doing for the costumes?
00:13:13>> I ended up buying 5 biketards from a dance studio, which is the same as this one.
00:13:19And here's the receipt I bought them right before our christmas show, WHICH WAS ON DECEMBER 12th.
00:13:24 why is there do you have a video that you want me to see?
00:13:30>> It's just a video of the kids in their biketards.
00:13:34>> Play it.
00:13:36[Music playing] >> the girl on the far right is wearing leggings also, because it's kind of cold.
00:13:44>> Good job.
00:13:50>> [Judge milian chuckling] who's the hot dog, number 2?
00:13:55 will the plaintiff get 386 bucks?
00:13:59JUDGE MILIAN RULES NEXT.HPXiHgXnúVHPXiHgXnúVHPXiHgXnúVHPXiHg úVPXnXiHgHúVPXnXiHHgúVPXnXiHHgúVPXnXiHHgúVXnPXiHHgXnúV >> And welcome back " harvey levin outside the times square information center.
00:16:18Does it make sense that this plaintiff just turned around and said, "you know what, do it whenever you can"?
00:16:21 I think if she set a deadline in the first place, she should keep to that.
00:16:25>> It would seem to be-- I mean, could she have-- do people have that kind of an about-face?
00:16:30>> I think that if she set a deadline, then she should do what she's supposed to do.
00:16:34But since she said, "whenever"-- >> did she really say-- does it make sense she would say, "whenever"?
00:16:39>> Some people may say that but not really mean it.
00:16:41>> Why would she say it?
00:16:42>> I don't know, man.
00:16:43..i don't know.
00:16:44Maybe she's not happy with something. I don't know.
00:16:46Who knows? I don't know. whoo!
00:16:51>> Succinctly said.
00:16:52Going inside the courtroom.
00:16:54>> All right. listen, look.
00:16:55Here's what it is. all right?
00:16:56>> I have the receipt from the textile company also.
00:16:58>> That's fine, but I have a contracts case, and I've got to decide which testimony sounds more believable to me.
00:17:05>> I didn't get to testify.
00:17:06 when you tell me, "oh, in september she had nobody so she said january was fine," that doesn't have the ring of truth to me.
00:17:13>> I didn't have-- >> stop talking.
00:17:15Find the "off" button on you and listen to me.
00:17:17It's a contract, and if you breach the contract, you must return the money.
00:17:22And if it's not a contract, if you're both speaking 2 different languages, and you're not communicating clearly by saying, "it's january.
00:17:28" if you're not doing that, then you don't have a contract, all right, and it's void, and you've got to return either way, you've got to return the money.
00:17:36>> What happened was, she called and said, "i've decided to take on I want them " I said, "katy, "we have a deadline "of january first.
00:17:44 and I've " >> do you have in writing that there's a deadline of january first, that you guys renegotiated the contract?
00:17:49Because she denies that happened.
00:17:50>> She refused to sign my contract initially.
00:17:52I shouldn't have taken this.
00:17:53>> Do you have an e-mail?
00:17:54How about an e-mail?
00:17:55Let me tell you how to protect yourself in the future.
00:17:56If you have a client who says, "i now need them 2 months later.
00:17:58"Even though I've paid you $368, "i now need them 2 months " if you have that, you might want to tell the client to e-mail it to you, because it's not going to sound believable when you say that.
00:18:08What it sounds like is, you've got business coming in.
00:18:11You've got other rushes now.
00:18:12And now--you had a little lull time, and maybe she wasn't a client in a hurry at that but now you've taken on whatever it is you've taken on, and now you don't have time for her, and you're biting off more than you can chew, and that's fine.
00:18:23But people in your position, when they bite off more than you can chew, do the right thing and return the money.
00:18:27You've got a counterclaim 25, the amount that you say you owe to the textile company, $65 for labor, and of course, you haven't even subtracted the $368 from that.
00:18:41Do you account for it in your lawsuit?
00:18:44>> Can I talk?
00:18:45 you can answer the following question.
00:18:47Did you account for the $368 when you came up with this figure in your lawsuit?
00:18:52>> No--yes, I did.
00:18:53>> Ok. where is it?
00:18:54>> I accounted for it, and it's on the receipt that you have in front of you.
00:18:58>> How much did the fabric cost you entirely?
00:19:00>> The fabric cost $770.
00:19:06>> In a million years, she would not agree to pay 30-something dollars a biketard.
00:19:11Return the money, lisa.
00:19:12Return the money.
00:19:14$368. Verdict for the plaintiff.
00:19:15On your counterclaim against her, zero.
00:19:22>> So the defendant loses this lawsuit.
00:19:24It's a contract thing.
00:19:25Come on in here and tell me what your feeling is coming out right now.
00:19:28>> I'm upset I didn't even get to present my case.
00:19:31I have her bike leotards.
00:19:32They were done on january first, when we agreed on our second she knew that they were she just decided that she wanted them instantly.
00:19:39She never called and said, "hey, look, I want to do do you think "you could get these done " instead she just kept calling.
00:19:44"Can you do it saturday?
00:19:45" >> did you learn something, I mean, mistakes maybe you learned something about getting changes in writing in contracts or e-mails, send her an e-mail?
00:19:54>> In the future, if my client refuses to sign the contract, I'm not doing the work.
00:19:58>> Ok. that's good now.
00:19:59But you have all these uniforms.
00:20:00What's going to happen with those?
00:20:01 so now not only do I have to pay her, but she gets something for free completely.
00:20:06I can't walk into a fabric store and say, "hey, look--" >> you're going to give those to her?
00:20:11 what am i going to do with them?
00:20:13>> Ok. head right down that way.
00:20:17Oh, you look pretty happy.
00:20:19>> I am very happy.
00:20:20I'm so glad that the judge saw through all of her lies.
00:20:24I'm so happy.
00:20:25>> And so what about those uniforms that she has on her side there?
00:20:28>> I don't believe she has them.
00:20:30You'll notice that she never showed them.
00:20:32I honestly don't believe she ever sewed them.
00:20:36 what if she does have them? do you want them?
00:20:38>> I don't, because now they're not going to match the ones I had ..
00:20:45>> So how's everything? good?
00:20:46 I'm very, very pleased.
00:20:48>> Harvey.
00:20:49>> Ok. so here's the thing.
00:20:50If the client refuses to send you an e-mail and you're the businessperson extending the deal, you should send them something saying, "i'm just "confirming that you told me "that I can do it " that protects everybody.
00:21:02That'll do it for this case.
00:21:02Litigants for the next case on their way into the courtroom right now.
00:21:06>> This is the plaintiff, he says he rented an apartment to the defendant and his girlfriend, and they damaged his place the cops were constantly called for loud parties.
00:21:18They ran out on the lease in the middle of the night, and he has collected from the defendant's girlfriend, but the defendant refuses to cooperate. so here they are.
00:21:2603, the amount he's owed.
00:21:36This is the defendant, he says he told the plaintiff he and his girlfriend split up and he moved out way before any of these damages occurred.
00:21:45He has concrete proof all these bad things happened after he left, and his 19-year-old girlfriend went a little crazy.
00:21:52He owes nothing and will prove it here and now.
00:21:55He's accused of not paying his fair share.
00:22:02>> All parties please raise your right hands.
00:22:05>> I want you to work with me.
00:22:07I rent your house.
00:22:08I sign a lease.
00:22:10The next month, I say, "dude, do what you want.
00:22:12" do I have any responsibility?
00:22:15>> Yes, ma'am, but I also have your money.
00:22:34There's the other stuff.
00:22:38and then there's kraft macaroni & cheese.
00:22:42kraft has more cheesethan those other guys.
00:22:45No wonder they call itthe cheesiest!
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00:24:19>> And welcome back " next case on the docket, the plaintiff rented an apartment to the defendant and his girlfriend.
00:24:24The cops constantly came because of parties.
00:24:26And they eventually ran out on the lease.
00:24:28Now, he paid. she didn't.
00:24:29But the defendant says he split with his girlfriend, she went nuts, and it ain't it's the case " >> thank you, douglas.
00:24:37Ok. how do I pronounce that?
00:24:39>> Hodoc.
00:24:40>> Hodoc homes.
00:24:41>> Hodoc homes, yes.
00:24:42 represented here ..degraw?
00:24:44>> Yes.
00:24:45 you are suing keith green for $2,748.03.
00:24:55>> Yes.
00:24:56>> Which you say are his half of damages that occurred to an apartment that you own that you rented to him. correct?
00:25:02>> It's a house actually.
00:25:03>> A house. I'm sorry.
00:25:03All right, what happened here?
00:25:04>> We entered the lease agreement on january 25th everything went pretty smooth up till about march, and we got calls from-- >> that's not very long. ok?
00:25:16A month and a week. all right.
00:25:18>> Well, it was the beginning actually the ninth of march, I got a call from the next-door neighbor stating that there were some late-night parties ..
00:25:28A lot of activity going on at the house.
00:25:32So the following day, I did speak with both keith ..
00:25:37>> Now, what was their relationship?
00:25:39Was she your girlfriend?
00:25:40>> Yes, ma'am.
00:25:41>> And keith did inform me at that time that he was no longer living at the property and to take that issue up-- >> by march 9th already?
00:25:49 and to take this issue-- >> but he had signed THE LEASE ON JANUARY 25th?
00:25:53>> Yes, ma'am.
00:25:53>> And what happened there?
00:25:55>> I wasn't residing there anymore, ma'am.
00:25:57>> Yeah, but you signed a lease with your girlfriend.
00:25:58How long had you been dating her when you signed the lease with her?
00:26:01>> Like, a year and a half.
00:26:02>> And then you guys broke up a month after signing a lease?
00:26:05>> Yes, ma'am.
00:26:07 did you get the rent for february, or that had already been paid before they moved in?
00:26:11>> Um, yes, I did have that rent already.
00:26:14>> Did you have the rent for march?
00:26:16>> Yes. yes.
00:26:17>> So rent wasn't an issue but you all of a sudden hear-- now, tell me about kirst-- is she here? kirsten?
00:26:22>> No, ma'am.
00:26:23>> Ok. how old are you?
00:26:24>> 25, Ma'am.
00:26:25>> How old is kirsten?
00:26:27>> Right now?
00:26:28>> No, then. 19?
00:26:30>> Yeah, and I was 24.
00:26:31 so when he tells you, "hey, I moved out, "and now there's a 19-year-old living there," what do you say?
00:26:37>> He did tell me that he did move out.
00:26:39He never asked me to renegotiate the lease or asked me to do anything at that point.
00:26:47I mean, I figured they were young kids, and I didn't know what was going on, to be quite honest with you.
00:26:54 so, that lease, then, takes us all the way to when?
00:26:58>> The lease actually goes through february of '08.
00:27:02No, I'm sorry. of '09.
00:27:04It would have gone through-- >> february?
00:27:06>> It was a one-year lease.
00:27:08>> From february first TO JANUARY 31st, THEN.
00:27:11>> Yes, ma'am. yes.
00:27:12>> Ok. all right.
00:27:13Now, what happens?
00:27:14>> I did have a sit-down with kirsten, and her father actually was at that.
00:27:19So it was my wife, myself, and kirsten and her dad, and we talked about the issues.
00:27:23My biggest issue was the care of the house.
00:27:25>> Ok.
00:27:26>> Did other people move in there with kirsten?
00:27:29>> Not that I'm aware of.
00:27:30 so as far as you know, then, kirsten, who is 19 years old, is going to continue to live there, and you have both kirsten and keith agreeing on the lease?
00:27:40>> Yes, I do.
00:27:41 you do not renegotiate a new lease with kirsten and her dad or anybody else?
00:27:45>> No, I do not. no.
00:27:46 and then what happens?
00:27:48>> Um, we get through summer.
00:27:50I didn't really have any issues all through the summer, ..sixth the neighbor called again and said that it appeared that the house was vacant and they had moved out.
00:28:05>> In september?
00:28:06>> Yes.
00:28:07>> Ok.
00:28:07..i had received the rent check for september.
00:28:11I had deposited a rent check so I thought I would afford them the right to do whatever they needed to do.
00:28:18>> But did you pick up the phone and call kirsten or her father to find out what's up.
00:28:20>> Yes, I did.
00:28:21>> And what did they tell you?
00:28:22>> That she no longer was living there.
00:28:24 tell me what ends up they tell you-- finally you eke it out of them ..that she's not coming back.
00:28:31So what do you do?
00:28:32Do you re-rent the place?
00:28:33>> I do.
00:28:33 and you have it re-rented as of when?
00:28:35>> As of november first.
00:28:37 so then rent for october, is that part of what you're suing for?
00:28:41>> Yes, it is. yes, it is.
00:28:42 you're suing for rent for august, september, and october?
00:28:45>> Yes.
00:28:46 I thought you said you had deposited the check for september.
00:28:48>> I did, but both those checks bounced.
00:28:50>> August and september bounced?
00:28:51>> Yes, they did.
00:28:51>> So you are due, then, for august, september, and october rent?
00:28:55>> Yes.
00:28:56>> Then since you re-rented it in november, you're not suing, obviously, for the rest of the tenancy.
00:29:00>> No, I'm not.
00:29:01>> But apparently, when you go in there to check this place out, it's the party pad, isn't it?
00:29:06 I mean, it wasn't ..
00:29:14An additional grand or so, right? for repairs. right?
00:29:18>> Yes.
00:29:19 now, can you show me pictures of what makes you ask for that kind and while you're green, what's your position on this?
00:29:28>> Pretty much the same, except for it's obviously clear that when I talked to him in march, I would have made it 100% clear that I needed to be taken off the lease.
00:29:37 I'd be like, "yeah, I don't live there, "but I would love to stay that way, "you could take me to court " and I expressed to him, I was like-- because I own a house-- >> that was sarcasm, right?
00:29:46I recognize it. I speak sarcasm.
00:29:49>> I own a house as well.
00:29:50Actually, I own a house of higher value than the one that we rented from mr. degraw.
00:29:55So I 100% told him, I was like, "i would not let "a 19-year-old live in my house.
00:30:00"So this is it, dude.
00:30:01"It's the beginning of march.
00:30:02"You have my first "and last months.
00:30:04"So you have my share of march.
00:30:06So do with it what you will--" >> do you rent your house out, the one that you own?
00:30:10 I want you to work with me here. I rent your house.
00:30:12>> Yes, ma'am.
00:30:13>> I sign a lease.
00:30:15The next month I say, "dude, " do I have any responsibility?
00:30:19>> Yes, ma'am, but I also ..
00:30:22>> So you have my money. ok.
00:30:23Ok, so now you can't rent the place to anybody else. ok?
00:30:26You keep trying, but you so now, if I've just stayed living there, like my contract says, I'd owe you rent every month.
00:30:33But now you're eating a mortgage because I won't pay you rent.
00:30:36 do I have any responsibility to you?
00:30:42>> Hey, he chose the 19-year-old.
00:30:43Will the plaintiff get more than 2,700 bucks?
00:30:46Judge milian rules next.
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00:33:00>> So can a tenant say, "look, things happened.
00:33:02"I'm just moving out in the middle of the lease"?
00:33:04Is he allowed to say that?
00:33:05What do you think?
00:33:06>> No.
00:33:07>> Why?
00:33:07>> Because he's on the lease.
00:33:08>> Well, he did sign the lease, but things do happen.
00:33:11>> Well, I mean, I guess it really depends on exactly what happened.
00:33:14>> Does it really?
00:33:15That's the question.
00:33:15Does it really?
00:33:16Going inside the courtroom.
00:33:18>> Your position is, because you told him, .." >> and actually told him at the end of february, because that's when I moved out and signed a new lease.
00:33:25I brought the new lease that I signed in the end of february.
00:33:29>> Right.
00:33:30>> Moving in with somebody in highlands ranch.
00:33:32>> Another girl?
00:33:33>> No. no. ha! no. nah.
00:33:37He's kind of like the girlfriend that you never wanted to have.
00:33:41He's a good friend of mine.
00:33:42>> Here's what I'm trying to understand from you-- how do you figure that just because you tell him, "i'm going to breach the lease now," that you're out of any liability?
00:33:51>> No, that's not how the conversation went.
00:33:53I said, "you do what you "need to do, and let me know "what I need to do.
00:33:56"If you can't get it rented " ..
00:33:59And he was like, "ok. yeah.
00:34:00"I'm definitely not going to "have a 19-year-old, because i don't want it to be a party pad" and so on and so forth.
00:34:04So I said, "ok.
00:34:05" I heard nothing from him.
00:34:07And then he called me at the end of march and was like, "you guys " I was like, "who's 'you guys'?
00:34:13" >> I don't think there's any question that you no longer resided there.
00:34:17>> And he stated that he was going to take me off the lease.
00:34:19>> Oh, really? well, did he?
00:34:20Did you get a waiver did you get some documentation from him?
00:34:25Because watch this.
00:34:26You know how that sarcasm language you were speaking about a second ago that you were now try this one on for size.
00:34:32 I've got you "on the hook for a year, "but I'll tell you what.
00:34:35"I'll just take you off.
00:34:35"So that way, the 19-year-old " someone in his shoes is not going to do that. right?
00:34:41Because he's got you on the hook.
00:34:42You've just signed a contract.
00:34:43What am I supposed to do with the contract you just signed?
00:34:46I mean, I hear you.
00:34:46You didn't do the damage.
00:34:48You didn't, you know, stiff him on the rent.
00:34:50You know, you're like, "what?
00:34:51" ..
00:34:54You feel like it's unfair, and I understand that.
00:34:57It's also unfair to him, because see, he's got a legal right to go against either of you or even just one of you if he thinks you've got a deeper pocket than the 19-year-old.
00:35:05>> See, but it's just daddy pays for all the 19-year-old's stuff.
00:35:08>> And that may be the case.
00:35:09Well, then, you know, you got rid of her too quick.
00:35:11But here's the thing.
00:35:12Apparently, daddy already paid.
00:35:15He is suing you for half because he's already been daddy already paid the half. correct?
00:35:21>> Yes.
00:35:22 and daddy then sent a release, and he signed the release, and so she's off the hook, and she pays half, and now he's going after you.
00:35:28And let me tell you what you-- ew. this is disgusting.
00:35:30This is how they left it?
00:35:33Ah, it's not terrible.
00:35:35 they just left a bunch of food in the fridge.
00:35:37Cracked the door.
00:35:38>> Before kirsten moved out, I did patch one of the holes that I'm sure he'll be able to-- actually 2 of them.
00:35:44Trying to help.
00:35:46 then that's one less thing he's suing for now, because it's already been taken care of. right?
00:35:49>> Well, there's a picture in there. I had to redo that.
00:35:51>> I mean, it's worse than that.
00:35:52You're getting sued for, like, utility and water bills, which you clearly didn't consume.
00:35:54And so if you're in a situation in life that causes you to pay money where you didn't do anything wrong, you get to go after the people that put you in that position.
00:36:04You can turn around and sue your ex-girlfriend for whatever it is that you're going to be out here because you're this is food for thought for the next time.
00:36:13If you want to negotiate the breaking of a lease, you've got to negotiate the breaking of a lease.
00:36:17And so you've got to tell the landlord, "look, this is will you "take me off the lease?
00:36:20"If I pay you one month, "will you take me off the lease?
00:36:22"If I forego my security "deposit, will you take me " and you've got to work it out.
00:36:26You can't just say, "hey, dude, I'm out of here.
00:36:27"Hey, I told you " that's not how it works. ok?
00:36:30Now, I've corrected-- you say you were asking for half of everything, but I looked at your receipts carefully, and your garage remote cost was $43.09.
00:36:39In other words, you're asking for the whole $43.09 from him.
00:36:42>> Yes.
00:36:43>> You understand what I'm so it's a little bit less than what it is you're asking for, but I'm going to go ahead and render a verdict for the plaintiff in the amount you can go after your ex-girlfriend and her roommates or whoever else you think is actually responsible for the damage.
00:36:59But, you know, the next time-- this is an expensive lesson for you to learn, that if you want to get out of a legal binding contract, then you have to get out of a legal binding contract in a legally binding way. verdict for the plaintiff.
00:37:10>> Thank you, your honor.
00:37:14>> So you've got to get it in writing, and you've got to get out of these contracts ..what are you understanding now as you come out of the courtroom?
00:37:21>> Everything in writing.
00:37:22>> Yeah.
00:37:23>> Everything.
00:37:23>> Well, that's always rule number-one at "the people's " you ever see "the people's court"?
00:37:27 so, I know, if you don't got receipts, pictures, ..ha ha!
00:37:30>> What next for you now?
00:37:31The judge said you can go after the other party.
00:37:34What do you intend to do?
00:37:35>> It's water under the bridge.
00:37:37That was, like, a year ago.
00:37:40Let it lie. that's fine.
00:37:41 so it's just a lesson, an expensive lesson learned? ok. fair enough.
00:37:44Ok, right down that way. ok.
00:37:46Documents are waiting for you there.
00:37:47And what's your feeling on this outcome?
00:37:50..i feel very good.
00:37:52I think the judge was very fair, and I'm a real easy guy to get along with, and I would have worked this out in march had they really approached me and physically sat down with me and said, "hey, we want to do something ..
00:38:06..keith's attitude just of taking no responsibility ..almost the...
00:38:16Almost arrogant about it, that it just got under my skin.
00:38:20>> Hey, he's a "dude" kind of guy, dude. you know? harvey.
00:38:23>> Well, here's the thing.
00:38:24He can sue his ex for the damage, but they are both equally and fully responsible and that will do it for this case.
00:38:31Litigants for the next case on their way into the courtroom right now.
00:38:35>> This is the plaintiff, she says she loaned her sewing machine to the defendant, and her now-former friend won't give it back.
00:38:43She honestly doesn't know why the defendant is holding her property hostage and thought she knew her better, but has now learned a very valuable lesson.
00:38:50Bottom line--since she can't get it returned, she's suing for the $552 the machine is worth and lost wages.
00:39:03This is the defendant, she says the plaintiff owes her money she lent her from last summer, and she told her she wasn't getting her machine back until she paid off her debt.
00:39:13The plaintiff left without paying her, so she still has the machine, and that's where they are.
00:39:18She is accused of sewing a line.
00:39:25>> All parties please raise your right hands.
00:39:27>> Did you see each other between september first and october?
00:39:31>> She just called up to borrow some money for her daughter's birthday, and I said I didn't have any, but then the next week I did.
00:39:37I sent her $7.00.
00:39:38>> Really?
00:39:39>> Ha ha ha. yeah.
00:39:41>> Is that true?
00:39:42>> She did send me $7.00, yes.
00:39:44 you guys have got to be kidding me.
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00:42:20>> And welcome back " next case on the docket, the plaintiff claims the defendant is holding her sewing machine hostage, but the defendant says as far as she's concerned, the machine is collateral for a big old debt the plaintiff owes her.
00:42:29It's the case of "you don't " >> thank you, douglas.
00:42:33Ok. lisa whitney?
00:42:34>> Mm-hmm.
00:42:35>> You are suing liz munger for $552, $352 of it a sewing machine and accessories that you say you loaned to her and she won't return, and $200 of it lost wages for a quilt you could have sewn with the sewing machine if she had returned it.
00:42:51All right. what's going on?
00:42:52>> Um, just exactly that.
00:42:54I went to her on november 19th and asked for my-- went to get my machine.
00:42:59>> How did the machine end up there?
00:43:01Tell me about you two.
00:43:01How do you two know each other?
00:43:02Tell me the whole story.
00:43:03>> We lived in the same building, and when I moved out of my apartment, she was kind enough to take my key and do some laundry for me.
00:43:11>> What do you mean took your key and did laundry for you?
00:43:13>> Well, while I was at the new house, she had my key-- >> to the old apartment.
00:43:18 and did some laundry for me and packed some stuff for me.
00:43:21>> So you guys were really good friends.
00:43:23I can't find anybody to do that for me.
00:43:25>> It was very kind of her.
00:43:26>> You had known each other for how long?
00:43:29..3 to 5 years.
00:43:31 and the kind of friend who actually, you know, washes your underwear kind of friend?
00:43:37That's a pretty close friend.
00:43:38>> Yeah.
00:43:39>> All right.
00:43:39She's helping you to move.
00:43:40 and she took the sewing machine, took it down to her house.
00:43:45>> And why did she take the sewing machine to her house?
00:43:47>> She wanted to use it.
00:43:48Later on, she called me and told me that she did, and that was fine.
00:43:51I had no problem with it.
00:43:52 so you still hadn't cleared all your stuff out of the old apartment?
00:43:54 she was there packing, ..
00:43:57The sewing machine and accessories.
00:43:59>> So she's packing for you, too?
00:44:01>> Yeah. then what happened?
00:44:02>> She just took the sewing machine down to her house with the accessories, called me later and said, ", and I said, " ..months later, 3 or so months later, maybe it was a little bit longer.
00:44:19Went to get it, and she said, well, I wish you would have told me first before you came because I'm not letting you have it.
00:44:26>> Why?
00:44:27>> Because she had lent me $60 a couple months before that, and I actually had paid her back $20 of it, and then the same DAY, NOVEMBER 19th, I GAVE HER ..
00:44:41Really, I only owe her $20.
00:44:44And she wasn't giving it back.
00:44:47>> Until you paid the $20?
00:44:48>> Mm-hmm.
00:44:49>> So why didn't you just pay the $20?
00:44:51>> Well, I was really shocked.
00:44:54I was dumbfounded actually when she told me, "you can't " so I went home, and I just
00:45:03>> Do you have the letter?
00:45:05>> Mm-hmm.
00:45:06>> She brought it for you?
00:45:08Do you have a copy of the letter?
00:45:09>> I've got a copy, yes.
00:45:11>> She's going to tell me a very different story, what is your story about what happened?
00:45:16>> Things are completely it was like, yes, I did borrow the sewing machine.
00:45:22I did help her pack ..that part of the story is very true, but from then on, it's different.
00:45:28Like, she was asking me if I wanted to buy it.
00:45:31..about...kind of fourth of july weekend, she kind of hounded me to buy it, because she said she really needed money because she had a back power bill that she wanted to pay half of it, and that way, she wouldn't have any problems turning it on, and I said I didn't really want to buy it because I had planned to use the $60 for my granddaughter's birthday present.
00:45:55I had just loaned her the $40 for one day because of her cell phone bill.
00:45:59And she did pay that back right the next day.
00:46:02That's the $40.
00:46:03 but then in addition to that, you loaned her $60?
00:46:05>> Yeah.
00:46:06 when did you loan her $60 and for what?
00:46:08>> Yeah. july fourth weekend.
00:46:09 so she wants you to buy the machine.
00:46:11This is after you've said, " >> yes. yes.
00:46:15 and you've had the machine how long when she " >> about a week or so.
00:46:19 so she says, " and how much does she want to sell it to you for?
00:46:23>> $60.
00:46:24 Of course, now she says it's worth $352.
00:46:27>> That is not true.
00:46:28>> And so you say, " and then she says, "well, I really need the money "because I need to pay " so then you say to her, "why " or she says, "will you " well, it kind of came up that, you know, I said I could loan her the money, ..
00:46:45She said, yeah, she could have me paid back in 2 weeks, at the most a month.
00:46:50>> So you loaned her $60?
00:46:51>> Yes.
00:46:52>> Now, it goes without saying that none of this stuff is in writing--the money back and forth and who's paid what and everything else.
00:46:56 there was a witness, though.
00:46:57>> Who's the witness?
00:46:58>> Phil.
00:46:59>> Who is phil to you?
00:47:00>> Dickerson. he's a friend.
00:47:01>> So, do you have an affidavit from phil?
00:47:03>> Yes, I do.
00:47:04>> Let me have it. all right.
00:47:04So then what do you say happened after time passed and the $60 wasn't paid and you still had the sewing machine?
00:47:10>> It was her idea, as a matter of fact-- why don't I just hold onto the machine until she pays me back.
00:47:15 when was she supposed to pay you back?
00:47:17>> Uh, in 2 weeks or at most and I told her I needed the money back by september first, because my granddaughter's birthday but then when she showed up, you know, NOVEMBER 18th, SHE JUST-- >> What happened on the september date, though?
00:47:30>> Uh, nothing.
00:47:31>> She didn't have the money?
00:47:32>> Nothing.
00:47:33>> But did you guys talk about it?
00:47:34>> No.
00:47:35>> Did you see each other between september first-- she just called up to borrow some money for her daughter's birthday, and I said I didn't have any, but then the next week I did.
00:47:42I sent her $7.00.
00:47:44>> Really?
00:47:45>> Ha ha ha. yeah.
00:47:46>> Is that true?
00:47:48>> She did send me $7.00, yes.
00:47:49 you guys got to be kidding me. and you're here?
00:47:52Who are you?
00:47:53Are you the daughter?
00:47:54>> Mm-hmm.
00:47:55>> Did you try talking some sense into her?
00:47:57>> No.
00:47:58>> Why? there's no point?
00:47:59 so then you end up suing her?
00:48:02>> I would never sell that sewing machine for $60.
00:48:04I never said that.
00:48:05>> So what happens.
00:48:06According to you, you try to get the sewing machine back.
00:48:07She's holding it hostage to the money you owe her.
00:48:09When she comes to get the sewing machine, do you say, "well, pay me"?
00:48:13I said, "i'm going to be "very stinky about it.
00:48:15"I'm going to hold onto it " >> let me see the letter that you sent to her.
00:48:19Do you have it?
00:48:20>> You have it? ok.
00:48:23How old are you?
00:48:25I can't believe we've come you guys are friends for 5 years.
00:48:29I mean, how many--i can count my good friends on my hands.
00:48:32 that letter was stupid.
00:48:33>> How do you get here over what--for $60 and a sewing machine?
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00:51:28 can the defendant hold the plaintiff's sewing machine hostage?
00:51:30What do you think?
00:51:31>> Absolutely not.
00:51:32The sewing machine doesn't have anything to do with the money.
00:51:34It should be dealt with in court, and the sewing machine should be returned.
00:51:37>> That's pretty compelling.
00:51:38What do you think?
00:51:38Anybody disagree?
00:51:39>> Yes.
00:51:40>> Why?
00:51:41>> Because she owes her money.
00:51:42And then she feels like if she keeps her sewing machine, she'll get her money back.
00:51:45>> Hey, she could take her car while she's at it, don't you think? sure.
00:51:47Going inside the courtroom.
00:51:49>> You're also suing for an air pump, a key, and a lock. tell me about that.
00:51:52>> She has a key for my new house.
00:51:54>> The key for your new house?
00:51:56Because you're such good friends that you had given her a key to the new house?
00:51:59>> I did. I did.
00:52:00>> And what's the air pump?
00:52:01>> It's for a big queen-sized double air mattress.
00:52:05>> It has nothing to do with the sewing machine?
00:52:06 and the air pump and what about what lock are you suing her for?
00:52:10>> Because I had to change my lock.
00:52:12>> Because you chose to give her a key?
00:52:14 well, she wouldn't give it back.
00:52:17>> Here's the letter-- "liz, wasn't it about this time "last year when we had so I guess "you are right on time to begin "our second and final fight.
00:52:28"Do you know it's illegal to "hold someone else's belongings "hostage just because they owe " oh, what happened to "i paid her 40 bucks"?
00:52:37 "how petty are you-- "how petty are you "to try to pull this controlling "little game of yours on me?
00:52:43"You keep playing and keep "my belongings, and I will if I don't "receive my belongings "in perfect working condition "and nothing missing by the day "already said, I will know then "to play back, and liz, " who's barbara?
00:52:57>> This other-- >> another friend?
00:52:59 oh, yeah, liz, "don't ever try to contact me you're not worth "anything to me.
00:53:04"Tell phil if I'm not home " >> yeah, sure.
00:53:07>> It's very valuable.
00:53:08Leave it at the door.
00:53:09"How petty are you and pathetic.
00:53:10--" this is written "between you "and me, we both know everything "barb told about you was true.
00:53:16"She just didn't know " !
00:53:20I can't believe we've come you guys are friends I mean, how many-- I can count my good friends on my hands, you know.
00:53:28How do you get here like this?
00:53:30 over $60 I mean, you should be embarrassed.
00:53:35Is this what you taught your children?
00:53:37I know your child's embarrassed.
00:53:38She knows better, but is this what you taught your children, that this is how grownups you're such good friends that she packs you, she washes your clothes, know, you've remained friends after-- >> she changed, your honor.
00:53:49>> But this is silly!
00:53:51Why don't you just pay her the money you owe her, and we wouldn't be in this position? it's so silly.
00:53:56Pay the lady her 60 bucks.
00:53:58>> I only owe her $20 now.
00:53:59 well, now you owe her $60, because you don't have proof that you paid her $40.
00:54:02She says that you're confused with all the other loans she made you that you paid you don't have proof that you paid her the $40, and I got a letter november 21st where you're saying that "i owe you $60." all right?
00:54:11And the machine's here.
00:54:12Give her back the machine and the air pump.
00:54:14Do you have the key also?
00:54:15>> Yes. right here.
00:54:15>> Great. fabulous.
00:54:16Give her back the key.
00:54:17No, no. don't give it to her.
00:54:18It makes us nervous to put people in contact with each other, so douglas will take care of that. but ladies, come on.
00:54:23 I mean, you're not spring chickens.
00:54:27You've been through a lot you've been through much greater turmoil than 60 bucks and a sewing machine. think about it.
00:54:34Think about it.
00:54:36Because I can't believe you're willing to throw out each other's friendship over something like this.
00:54:39And quite frankly, you upped the ante with that letter, and then coming here.
00:54:43 give her back the sewing give her back the 60 bucks.
00:54:47>> What about the accessories?
00:54:48>> You can come and pick them up.
00:54:50>> Let's see what the plaintiff has to say, coming out of the courtroom here.
00:54:53What's your reaction come right in here and tell me.
00:54:56>> It's fine with me.
00:54:57>> Fine?
00:54:58>> I felt bad about it because we were friends.
00:55:00 well, what about that part? I mean, come on.
00:55:02Everybody's watching this and-- >> she just changed, and I didn't understand why.
00:55:06>> You don't think liz munger over there is the same person you've always known?
00:55:11>> Maybe now, but that day she changed.
00:55:13" I mean, we all have bad days.
00:55:15>> Sure. going to accept her back?
00:55:18Do you want her as a friend?
00:55:19..i don't know.
00:55:20>> I think they should be friends again.
00:55:22They were good friends, really good friends.
00:55:24 maybe you should listen to her.
00:55:26 head right back ..
00:55:29All right. come on in here.
00:55:30Tell us what you think of this outcome.
00:55:33>> Uh, I expected it, to win, because the only principal thing was she owed me the $60, she admitted it, and that's it.
00:55:41And it was simple.
00:55:43>> What about the friendship between you and this person?
00:55:45 you know, you can only take advantage of somebody so long, and then it's over with, you know.
00:55:52That letter kind of showed me that she was not a very good person, when it came down to it.
00:55:57And I don't need that.
00:55:58>> It's kind of sad to see that friendship end.
00:56:01>> Yeah, it is.
00:56:01>> All right.
00:56:02Let's go to times square.
00:56:03>> Ok, curt, here's the thing.
00:56:04You cannot hold somebody's property as collateral, even if they owe you money, unless you have a lien on that property, meaning you make a deal that "i can hold " otherwise, you're violating the law.
00:56:18[Captioning made possible by domestic television distribution] [captioned by national captioning institute] >> I had a pair of nike tennis shoes that were urinated on.
00:58:32>> Announcer: A roommate's game ..
00:58:34>> As I lifted my mattress up, there was a 7-layer dip which was prepared by the defendant.
00:58:39>> Announcer:..Spins out of ..
00:58:41>> I was hysterical, mad.
00:58:42I said, "i feel like I'm gonna do something that's gonna get me " >> Announcer:..And leaves judge judy with only one question.
00:58:48>> Judge Judy: How do you think that happened?
00:58:51>> Judge Judy: You were the last one there, baby.
00:58:53>> Announcer: Judge judy.
00:58:57You are about to enter the courtroom of judge judith sheindlin.
00:59:03The people are real.
00:59:04The cases are real.
00:59:06The rulings are final.
00:59:07Captions paid for bycbs television distribution 20-YEAR-OLD keyonna McCormick is suing her former roommate, 19-year-old kazmere dean, for one month's rent, lost wages, and for vandalizing her property when she moved out.
00:59:24>> Byrd: Order!
00:59:25All rise!
00:59:30Your honor, this is case number 159 on the calendar in the MATTER of McCormick vs. dean.
00:59:34>> Judge Judy: Thank you.