People's Court - 8 6 2012 - Monday

Put This In Your Pipe And Smoke It!

Douglas is suing David's business for $2314.00. Douglas had 4 grow tents for medical marijuana. Before he could use them, he changed his mind and went into another business. He took the 4 brand new grow tents to David's consignment shop. David sells indoor and outdoor horticultural equipment. Douglas does not have a consignment agreement. For some reason, he never signed one or received one. Douglas does have a claim check to prove he dropped off the 4 tents at David's store at the end of March. In September, Douglas received a call from the manager asking if he would sell 2 of the grow tents  for $2000.00. Douglas agreed. Two days later, Douglas was informed the store had been burglarized and the money was missing. This really should not affect Douglas. The store sold the grow tents, had the money and should pay Douglas. This does not happen. David says the claim check absolves him from his responsibility. The claim check states they are not responsible for lost or missing items. Okay, that is true, except the items were not lost or missing. They were sold and the money was stolen. There is a police report that does not even reference the money. David claims he did not know until 2 days later that the money was missing. How can you overlook a theft of $2000.00? Very, very suspicious. When he realizes the money is missing, he does not call the police to amend the report. Because the theft of the money is not recorded on the police report, David can not submit a claim to his insurance. David's defense is so convoluted, the Judge exclaims to him - put this in your pipe and smoke it - as she rules in favor of Douglas. In the hallway, David claims he did not get a chance to present his case. Douglas is very happy with the outcome. He does not believe David is involved in the theft, he thinks they both know who is responsible. Everyone will be happy to know, that Douglas picked up the remaining 2 grow tents from David's store. These types of cases are very interesting to me. It would seem straight forward that David would have to pay Douglas. Why he would think saying the money was stolen is beyond me. His own paperwork supports the fact that he is responsible to pay Douglas for the sold items. What do you think?

We Are Moving Out - The Mold In The House Is Making Us Sick!

Suzanne and Frank were renting a house from Karin and Mark. They had rented the house since 2005. Frank describes the relationship in favorable terms. Everyone got along. In 2008, Suzanne and Frank started to get sick on a regular basis. Their neighbor, Chris, was an environmental consultant. He brought them a mold kit and then sent it in to a laboratory for analysis. Unfortunately, Suzanne and Frank did not receive the results. Based on a visual inspection prior to sending the mold kit to the lab, Chris told Suzanne and Frank there was mold in the house. They felt this explained their illnesses and decided to move out of the house. Suzanne and Frank claim they gave proper notice. Karin and Mark say they did not get proper notice. Their tenants moved out without paying a full month's rent and also left unpaid water bills. The security deposit is being used to cover these expenses. Suzanne and Frank believe they should get back their security deposit and be paid for heating oil that was left in the oil tank. Frank wrote two notes to their landlords about this. Unfortunately, he quotes different amounts of oil at different prices. His reason for this is that he misread the oil chart. I can understand the amount of oil, but the price of the oil? He knows how much he paid for it. This does not make any sense to me. Regarding the water bills, Suzanne and Frank claim they never paid the water bill during the time they lived in the house. Karin explains that the water bill was in her mother's name and then stumbles over her words as she tries to explain the agreement. She does not have any proof to show the tenants paid the water bill. The Judge awards half of the security deposit to Suzanne and Frank. They also get some money for the heating oil left in the oil tank. Since Karin and Mark have no proof about the water bill, Suzanne and Frank do not have to pay for it. They are able to get back $965.00 of the $1500.00 security deposit. The important lesson in this case, is to document everything you do. Keep important paperwork, correspond by letter or e-mail. Maintaining a paper trail is very essential when you are trying to prove your case! What do you think about this situation?

I Need Evidence For Court?

Barbara is suing James for $1312.89. This is the cost to fix her car after a car accident. Barbara said that James was entering the highway from a ramp and hit the back of her car. After they pulled over and made sure everyone was okay, James told her someone hit him from behind. The impact of the truck hitting him, pushed his car into her car. The police were called and a report was written up. No one at the scene received tickets. James told the police about the truck that hit him, This information is documented in the police report. The damage to the back of James's car is also written on the police report. This is very important, since James came to court completely unprepared. He did not take pictures of the damage to the back of his car. Barbara does not believe there was another vehicle. She said she was moving when James hit her car. James says she was at a standstill. Their stories are so different. Barbara says she did not see a white truck. James says the white truck kept going after it hit him. He did tell Barbara about the truck right away. James also told the police about the truck. The information on the police report about the damage to the back of his vehicle is enough to convince the Judge. Barbara does not win her case. In the hallway, Barbara says the damage to James's car was probably there before the accident. James says he told the truth. I do not think he even realizes how lucky he is. If the police report did not contain the information about the damage to the back of his car, he would not have won the case. It is very important to bring evidence to court. When someone is suing you, honesty and truth are important, but evidence is crucial. 

Please share your thoughts in the comments. Thank you for joining me.

There is no right way to do something wrong.
-Unknown

People's Court 6-18-12: Honesty

Some of the situations on People's Court are very complicated. The facts of the case are essential. With different stories or no proof, it makes it so much harder to find the truth. Honesty is always the best policy. When it is one person's word against another, a tape recording can be very revealing.

• A car accident occurs. Even though the police are called, the people involved have very different stories. The one driver does not even recall the impact. He claims he did not hear anything because of the rain. When one car hits another, you can feel it. He claims the other car must have hit him, he denies hitting the other car. He also denies what he said at the scene. Enter the tape recording - this was a very good idea! We get to hear part of the conversation. Everything he denied saying, was on the tape. This is so interesting. Why lie about what was said? Does he think it will make him look guilty or stupid or both? It proves he is a liar. How can you believe anything else he says? Since his testimony is so unbelievable, the Judge finds him liable for the damages to the other car. If he would have told the truth, he could have avoided this embarrassment.

• In the next case, a tenant moves out and wants his security deposit back. He has sent the landlord a certified letter requesting the return of his security deposit. The landlord has not responded. When the tenant researches his rights, he find out he is able to receive double his security deposit back. The landlord has not sent him an itemized statement. The landlord does not seem to know his responsibilities. There is no excuse for this. He does not have any proof of the damages he is claiming, he can not keep the security deposit. Also, since he did not provide notification to the tenant, he is required to pay him double. It is so important to know what our rights and responsibilities are. The information is only a click away.

• This situation is very interesting. A management company sends workers into an apartment to paint. There are two workers. The tenant stays home to monitor the activity. She notices one worker walks around the apartment and does not stay in the room where the work is being done. She knows she has put her jewelry on the top of her dresser, she says she took it off because it was too hot! Even though her bedroom door is closed, it is not locked. She did not see the worker go into her bedroom, yet her jewelry is missing. There are so many things she could have done differently.  She could have put the jewelry away or back on. She could have asked him to stop wandering. She could have watched him more closely. She could have asked him to leave. She can not prove he took the jewelry. She claims people have told her this particular worker was a problem. No one has put anything in writing for her. She has no proof. The management company is not found liable for her missing jewelry.

It is important to tell the truth. It is important to know your rights. It is important to protect yourself. If all of these things are in place, the above situations might have turned out differently. Hopefully, all of us, the people involved and the people watching can learn from these experiences.

Please let me know what you think. Thank you for joining me!

Remember:

The most important thing is to enjoy your life - to be happy - it's all that matters.

Audrey Hepburn