People's Court - 8 15 2012 - Wednesday

I Want My Pay!

Michael is suing for $1500.00. This is for pay he earned as a general manager of a new restaurant and lounge. He is also suing for pain and suffering. Omera is the operations manager of the establishment. She represents the owner in court. Omera is the person who had the most contact with Michael at the restaurant. At first, Michael was hired as a bartender.  He went through a paid orientation for three days. Michael explains that the restaurant had not even opened. He received a call and was asked if he wanted to be the general manager instead of the bartender. Michael agreed because he was being offered $15.00 an hour. Michael worked 43 hours at regular time and 17.75 hours of overtime. During a meeting before the restaurant opened, they were discussing payroll. It was during this meeting that Michael found out he would be making $8.50 an hour, not $15.00. Michael and Omera disagreed, Michael walked out. He explains in court that he would not take the position for only pennies more than he was making as a bartender. Up to this point, Michael had not received any pay. He texted Omera that he was coming to get his check. She responded that the check was being sent certifed mail for legal reasons. Michael did not receive the check and he continued for 2 weeks to ask for his money. Finally, Omera has his check ready and Michael goes to the restaurant to pick it up. It was only for 40 hours,  not the hours he worked. He refused to sign for it and did not take the check. Omera explains that the receipt she has with his hours is not consistent with what he is asking for. She also explains that the receipt does not make sense. This receipt is printed out from the register when Michael would clock in and clock out. Omera also explains that Michael was not making $15.00 an hour. She said that she gave him the promotion and he was supposed to make $8.25 an hour. He was hired at $7.25 and was increased to $8.25. Omera says, she knows this, because she gave him the promotion and the raise. Also, why would Michael make more money than she does. Omera says that she does not even make $15.00 an hour. Omera keeps staring at  Michael when he insists on the amount of money he was supposed to get. At first the Judge laughs, since it is very comical. Omera is putting on quite a show. Everyone in the gallery is laughing. Then, it gets serious, because Omera will not stop. The courtroom is not the place for this type of behavior. It gets so bad, the Judge tells Omera if she does not stop, she will be thrown out. Finally, Omera stops staring at Michael and the courtroom calms down. Michael does not have any proof that he was supposed to receive $15.00 an hour. Also, he cannot receive pain and suffering. The Judge rules that Michael is to receive $500 in wages. When they leave the courtroom, Omera takes the opportunity to trash Michael. She says that no one should hire him, he is not worth $2.00 an hour. Michael says he would not take the position for that pay. This would be the perfect situation to have something in writing. Especially when you are receiving a promotion that doubles your pay. We all have to remember to protect ourselves by having everything in writing. Even a confirming e-mail would be great back-up. What do you think?

I Could Have Been Killed!

Elizabeth is suing for $1117.00. This is for the parts, labor and a new tire. Elizabeth explains she was driving, felt something funny and pulled into the nearest gas station. She had a flat tire and called her  roadside assistance service. Tony was dispatched to change the tire. Tony works for Alan, the owner of a franchise called Pop-A-Lock. Elizabeth explains that it took a very long time for Tony to change the tire. She then drove directly to a Goodyear shop and was surprised by what they found. The manager told her she was lucky to be alive. When the car was put up on the lift, they found that the lug nuts were smashed. Elizabeth has the lug nuts with her as evidence. Elizabeth also has a notarized statement from the manager at Goodyear. Elizabeth is very prepared for court. Now what does Tony have to say? He says when he arrived, Elizabeth's son was already trying to change the tire and having trouble. He said the tire was so shredded, she must have drove on it for awhile before she stopped. He jacked up the car properly, put on the spare donut and Elizabeth drove away. When the Judge shows Alan and Tony the damaged lug nuts, they say that Elizabeth's son must have caused the damage. If that is true, why would Tony use them for the spare donut?  Alan explains that they change 3,000-4,000 tires a year and never have a problem. The equipment they use would never do that type of damage. The way Tony put on the tire caused a condition that was very dangerous. In the statement that Elizabeth has from Goodyear, the manager states that the right rear well was not properly mounted onto the vehicle. The lug nuts were mushroomed and damaged the studs. The manager determined that the improper mounting of the tire caused the damage. Alan is still maintaining that he has no idea what would cause the damage and continues to say that it was because Elizabeth continued to drive on a flat tire. I would think Tony would have noticed the damage to the lug nuts and he would not be able to use them to put on the spare donut. Elizabeth has proven her case with the evidence she has brought to court. She does get $742.00 which does not include the cost of the new tire. Elizabeth explains she included that cost of the new tire because they aggravated her! Court does not compensate you for aggravation! In the hallway, Alan and Tony are still talking about the amount of tires they change every year. Elizabeth is happy with the decision and says she had no idea the tire was going to fall off. Elizabeth is very fortunate that she went directly to Goodyear, otherwise the outcome would have been very different. I wonder what really happened when Tony changed the tire. How could he not know something was wrong. We can only speculate. What do you think? 

Hurricane Irene Damaged My Apartment!

Cerline is suing for $334.10. This is the cost of an entertainment center and a vase. These items were damaged by workers that came to her apartment to do repairs after Hurricane Irene. Cerline is suing Anthony, the owner of the realty company. Anthony is countersuing Cerline for $2600.00 in back rent. After Hurricane Irene, Cerline had damage to her apartment. The ceiling fell in and everything was soaked. Anthony sent 2 men to repair the ceiling, fix part of the floor and paint. They did most of the work and were supposed to return to finish. When they did not come back, Cerline told Anthony. She requested the men come on a specific day, since she did  not want them there when she was away. Unfortunately, Anthony sent them to do the work when Cerline was not home. Cerline feels they entered her apartment without authorization. They damaged the entertainment center and broke a vase when they were working. Cerline is suing Anthony, since he is the one who sent them. The Judge rules that Cerline does not get any money on her lawsuit. She would need to sue the men that actually did the damage. Anthony is not responsible to pay for the damage done by the workers. Now, Anthony has a counterclaim. He says that Cerline owes him for 2 months rent. Cerline decided to move out, so she stopped paying rent. She lived there for an additional 2 months and then moved out. When Cerline moved in she gave Anthony $3900.00. According to Cerline, this covered the security deposit and the first and the last month's rent. Anthony said that it was the security deposit, first month's rent and a fee. What is this fee for? Anthony says it is because Cerline wanted to move in early. The lease does not reflect any of this information. Anthony cannot record the money one way, as rent and security deposit, and then distribute it another way. He did not tell Cerline she was paying him an additional fee. Cerline thought she was in the right, since a legal aid attorney told her she could live out her security deposit. The Judge tells her the legal aid attorney was wrong. That is not what the security deposit is meant for. Because she withheld rent, the Judge rules that Cerline needs to pay Anthony $1300.00, for one month's rent. When they leave the courtroom, Cerline reminds us that she will get her security deposit back. This case took a very interesting turn. Does Anthony always take a fee when he rents an apartment? Is this a common practice? Are the tenants aware they are paying towards a fee and not rent? So many questions and no answers. What do you think?

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

Fantasies are like sand castles. Fun to build, but you can't live in them.

-Ruth Ingrid 

People's Court - 8 14 2012 - Tuesday

I Stole From My Parents To Give To My Boyfriend!

Lindsay is suing Timothy for $1501.75. Lindsay is 19 years old and has been dating Timothy for a year. They are not together anymore. Lindsay explains they broke up when she kicked him and then he punched her. While they were together, Lindsay says that Timothy wanted a new bed. They went shopping together. When it was time to pay, Lindsay took a line of credit at the store. The purchase of the bed was put in her name. Why did she do this? If Timothy wanted a bed, he should pay for it himself. Lindsay's explanation is that she was in love. Next, Lindsay lends Timothy money for a softball team. She also lent him money to get his car fixed, to pay for his car insurance, to pay rent, to pay bills and for a trip to Florida. Where was Lindsay getting all of this money? She was stealing it from her parents savings account. This was an account that Lindsay's mom had many years ago and added Lindsay to the account. Lindsay stole $10,000 from the account. Why would she steal from her parents to give to her boyfriend? Why would her boyfriend allow this to happen? Timothy tries to explain that he thought it was Lindsay's child support money. Even if that was true, why would he be entitled to that money? When Lindsay's mom discovered the withdrawals from the account, she asked Lindsay to return the debit card. Timothy had the debit card. That is so ridiculous that Lindsay would trust him with the debit card. She really had no respect for her parents or even herself. Lindsay's mom explains that she has a $6500.00 lien against a personal injury suit of Timothy's. It seems Lindsay negotiated with Timothy to pay back $6500.00. Lindsay claims this money does not include the money spent on the bed. This is why she is suing him, to get back the money for the bed. Timothy says it does include the money spent on the bed. At first, they agreed on $5500.00. Then Lindsay brought up the payment for the bed. Timothy said he would give her another $1000.00. Lindsay agreed that he offered that amount and that is why the final amount is $6500.00. But, Lindsay says it was not for the bed. This does not make sense, since she brought up the bed, he offered additional money and she agreed. Lindsay also gave him a watch. Timothy has the watch with him and it is returned to Lindsay. What would possess this young woman to act this way? The Judge tells the mom that she is mortified since this is no way for a daughter to behave. Her daughter needs help. Lindsay is not awarded the the $1501.75 for the bed. This money is included in the lien and she cannot recover it twice. Lindsay needs to have more respect for herself. She should not be showering money on a man to keep his attention. This is a very important lesson to learn. Lindsay is young enough to move forward from this experience and not repeat this mistake. Lindsay is working and paying back her parents and I wish her luck in the future.

I Wanted To Go On The Bus Trip - Now Give Me My Money Back!

Amazetta is suing Denise for $105.00. This is for 3 tickets for a bus trip to the casino. Amazetta considers Denise like family. When they were both at a family reunion, Denise asked Amazetta if she wanted to go on a bus trip. Denise explained that she was working with the organizers. Amazetta wanted to go on the bus trip and also asked a friend to go. Amazetta laid out the money for her friend and  Denise's father. She paid Denise $105.00 for the three tickets for the trip that was scheduled for the 27th of the month. On the 27th, Amazetta called the phone number on the ticket, to find out where to meet the bus. The man on the phone would not give her an exact address, he gave her an intersection. He told her the bus leaves from the corner of Purdue and Agler. Amazetta had a friend call the number and found out the man's name was Cliff. Cliff also gave her an exact address. No one told Amazetta that the trip was cancelled. When she found out she wanted her money back. Denise said that Cliff and Juan are responsible to pay her back. Denise gave the money to Juan and he should give it back. The problem is that no one can find Juan or Cliff. Amazetta gave the money to Denise, she wants Denise to pay it back. Since Denise was helping to organize the trip and she admits she was going to travel for free, she is responsible to pay the money back. Denise can now sue Cliff and Juan to get the money from them. I think it is sad that Denise treated Amazetta this way. She let Amazetta pay for a trip and never bothered to let her know it was cancelled. And what about Denise's father? He never paid Amazetta for the ticket. She was nice enough to lay out the money for him. Why do people treat each other this way?

I Just Want The Title To The Car!

Dev is suing Artie for $3000.00. This is for the cost of a used car he bought from Artie. Dev does not want the money, he just wants the title to the car. Artie will not give him the title, since he claims that Dev owes him for the cost of having the car towed. Artie is also countersuing for $640.00, the cost of a lawyer and the cost of the tow. Dev bought a 2001 Kia Sportage from Artie's used car business. When he left the lot, he drove 8-10 miles, the car sputtered and died. He called Artie, was told the car ran out of gas. Artie informed him the gas gauge was broken and he was sending someone with gas for the car. In the meantime, a police officer stopped and called for a tow truck. It seemed Dev's car was blocking a snowplow. When Dev called Artie to tell him the car was being towed, Artie got upset. Artie told Dev to get the mileage on the tow truck. He did not know why Artie wanted this information. The cost of the tow was $140.00, Dev was not going to pay for the tow. He did not feel it was his responsibilty. The driver was going to leave with the car. Artie went inside and got money to pay for the tow. Artie claims that Dev was supposed to pay him back, Dev denies this. Artie put gas in the car and Dev drove away. Did Artie fix the gas gauge? No. Artie says he never said the gas gauge was broken. Did Dev ask him to fix it? No. Dev said he bought a used car and knows the rules. Dev is very calm about this whole situation.  He shows a video of his car, the gas gauge, putting gas in the tank and the gas gauge does not move. Dev says he knows when to put gas in the car. Why won't Artie give him the title to the car? Artie feels Dev should pay for the tow. Well, it does not work out this way. Dev wins his case and gets...the title to the car! I am so happy for him. Dev sounds like he really likes the car and is not bothered about the broken gas gauge. I really think Dev should have also sued for the cost of fixing the gas gauge. He did not know he was buying a car with a broken gas gauge. I admire Dev for the cool, calm, collected way he approaches life. Oh, and Artie loses on his counterclaim. Artie should be more upfront with his customers. Letting someone leave a used car lot with no gas in the tank is not responsible at all! What do you think?

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

Always keep an open mind and a compassionate heart.

-Phil Jackson