People's Court: 6-22-12: True Colors

Everyday brings new experiences for us. When we pay attention, we learn. Being aware of what is around us and embracing this knowledge will keep us informed and safe. 

This case is really about the lack of good judgement. A contractor feels he is being challenged and he acts out. He could have taken the high road and taken his client to court. Instead, he got angry and removed the storm doors from the property. One door had already been installed. There was a physical altercation between the two men, the story of the fight  is not clear. Even though there are two different stories, we know there was a physical fight and the truth is somewhere in between. These two men completely lost all of the common sense they might have had. At the first sign of violence, the police should have been called. Instead, the homeowner was concerned with what the neighbors would think. Who cares? Our well-being is more important than what others would think. This man described a running drill being held to his head. He keeps saying how he needed the job done because he was going away on a trip in ten days. Why would he put his safety aside because of an upcoming trip? What motivates him? Finally, the homeowner calls the police, by the time they arrive, the contractor has left. He does get arrested and spends the night in jail. This might have been the best thing to have happened to him. He needed to know there were consequences to his behavior. In the hallway, he is not happy with the decision, but he does appear subdued. Hopefully, he will learn from this and in the future not take matters into his own hands.

A contract is signed to purchase a hot dog cart. The deposit is given and the balance will be paid upon delivery. The delivery of the cart is planned for December 25th. The cart is not ready by this date. The deposit should be returned. This sounds so straight forward. Why are we here? Well, the first thing I noticed was that the man selling the hot dog cart is treating this as a commercial for his business. He has even brought samples of the material used to build the carts. Is this the reason he let it get this far? Is the cart available now for delivery? Well, it would be, but it is not new anymore, he has been using it! This makes no sense, I am sure he has other carts he could have put into use. Another question: why does he bring his brother with him? He is not a witness and he acts out in court, is thrown out and is completely disrespectful to the Judge. In the hallway, the hot dog cart builder show his true colors, he insults the Judge. If he thought appearing on this show would bring him business, he should have acted much much more professional!

A woman signs a lease for an apartment. She gives the deposit and hopes to move in by a certain date. The landlord continues to delay saying the apartment is not ready. She seems to be very patient, waiting months. Finally, she has had enough and asks for her money back. At first the landlord agrees to give her back whatever she gave him. This is in a text the woman provides to the court. The landlord flounders and says he would give her something back but has not decided how much that would be. He can not come up with a good reason why he is holding onto her money. Of course she deserves her money back. She even is awarded pre-judgement interest! When the landlord leaves the courtroom, he says the outcome is crazy. It is not crazy, it is fair and just.

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

Happiness is not a goal; it is a by-product.

Eleanor Roosevelt

People's Court: 6-21-12: Impressive

Documentation and evidence are so important.  For all situations we want to prove there needs to be evidence. Without paperwork, it is difficult to win a case. Being truthful and sincere is very much an asset when the evidence does not exist.

In this case a woman sues the cleaners. She is suing for a very large amount of money, $2,000.00. She values 5 bathmat sets, 22 pieces in all, at this price. No one is questioning what was brought in. Unfortunately, someone took the bag she dropped off. The representative for the store does not dispute they are at fault for the missing bag of laundry. what he does point out is the disclaimer on the back of the ticket. This limits the cleaner's responsibility to $75.00. If the woman waits for the Judge's decision she will receive $75.00. The cleaners offers her $250.00. She takes it, but is not happy. She says she will never go back to that cleaners. I was very impressed that the cleaners stepped up and gave her such a generous offer.

A former tenant is being sued for back rent. She has countersued for her security deposit and pain and suffering. She comes to court with proof that the landlord was cited by the city for housing violations. Since she has brought this to the attention of the court, the amount she owes is reduced and then reduced further since she should have gotten her security deposit back. She does not get any money for pain and suffering. This shows how important evidence is. Many people will not bring the proof with them. I was impressed with the tenants that they took the time to prepare for court.

This last case involves no evidence at all. A couple sells a car on Craigslist. The buyer and seller do not even agree on the amount of the sale. The buyer states he paid the full amount, the seller says he still owes $1,000.00. There is no bill of sale. The title is not signed over. Since the car remains in the name of the seller, they receive a call from the police that the car has been abandoned. They retrieve the car and resell it. The buyer wants his money back. He says he never used the car, it was parked on the road in front of his house for 2 months. This is very unbelievable. Since the sellers are sincere, even without paperwork they prove their case and are not responsible to return the money to the buyer. This is why it is important to tell the truth. I was impressed with the sellers, even though they lacked the needed paperwork they were able to win.

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

 "If a man does his best, what else is there?"

- General George S. Patton (1885-1945)

People's Court: 6-14-12: Lessons to Learn

People need to be able to use common sense in their interactions with others. When this fails, thank goodness for small claims court. We can learn from these experiences.


A father tries to help his son by letting him move back in. The son rents a storage unit for his belongings. He does not make his payments and the father pays the back fees. Now it is up to the son to maintain his payments. He does not. He is a 34 years old  and irresponsible. He does work but does not help with any of the bills. He ignores the e-mail notifications from the storage unit company. Unfortunately, they do not send him a certified notification. This is required by the rules of the industry. The items in the storage unit are thrown out. The owner of the company understands now that this was not a very responsible way to do business. The father also understands that he is enabling his son to be irresponsible. The Judge tries to explain to him that it is time to let his son stand on his own two feet. Let us hope that the money they won from the case goes into a bank account for the son to use when he finally moves out into his own place.

A woman rents an apartment. She finds out after 2 months she needs to move out due to a family emergency. She thinks this is reason not to give notice. It does not work this way. When the landlord lets her know she is not going to get her security deposit back, the tenant returns to the apartment, puts the heat on high and opens all of the windows. Now we find out it was an illegal apartment - who saw this coming? - the Judge cannot award rent money to the landlord. She can award the cost to fix the boiler and because these actions were seen as malicious, she awards punitive damages. The tenant does not get any money back.

A man wants to get his 1976 Buick restored. He takes it to a shop on the recommendation of his brother. The owner is a longtime friend of his. After taking the car and discussing what he wants, he leaves the car and after that no one seems to be on the same page. Their stories are so different, you wonder if they were even in the same room with each other. Written contracts are so important. Receipt for monies given are so important. A contract does not exist if there is not a meeting of the minds, written or verbal. At the end of the case the man does get his money back. His brother, who was in court with him, lets us know this incident is not going to ruin the friendship he has maintained for years. This is always good to hear.


These situations should be able to be resolved and not ruin years of friendship. Unfortunately, in so many cases it does not appear to end this way.


Please let me know your thoughts. Thank you for joining me today.

Remember:

 I believe that love and laughter can only happen when one person takes the time to think about what would cause the other person to feel good.

-Yakov Smirnoff

People's Court:6-12-12: Telling the Truth

The situations we find ourselves in can be very challenging. Going to court to right a wrong is a good idea when you are telling the truth. Holding onto the lie can make you look, well...ridiculous.

Let us look at a rental situation. I wonder who is lying when both the landlord and the tenant claim that the other came onto them. It seems a little suspicious on the part of the landlord that he let the young woman move in without paying first and last month's rent and a security deposit. Any landlord is going to have to wonder where the future rent is coming from when the person has no money to put down. Or, was he looking for something else? The tenant claims the landlord walked in on her while she was sleeping. Did she call the police? No, she did not. Again, you have to wonder why? The underlying story is so full of inconsistencies. The legal issue is that she owes the rent. The moral issue is that this whole situation was far more involved than just business. When the lines get blurred, it it time to get help. 

A young woman graduates and goes out to celebrate with her family and friends. Her car gets towed. She is claiming the tow company damaged her brakes by not completely releasing the emergency brake. She has evidence to back this up and wins the case. The bigger issue here is how the tow companies operate. The spotter saw the young woman in her cap and gown and the Judge wonders why he didn't let her know her car was going to be towed. Do they have a moral obligation to let someone know their car is going to be towed? No, they have families to feed. They are doing a job and to give people a heads up is to take money out of their own pocket. The Judge says that the only people that are hated worse than lawyers are tow companies. She is glad to have them in her courtroom! I give the young woman credit for having the evidence to back up her claim. I give the tow personnel credit for being honest. He did say that they will not charge if they tow a car from a handicapped parking spot and the person is truly handicapped and just forgot to hang the placard. This is very nice to hear and does restore my faith in people.

And now a real shame... A 35 year friendship destroyed by $1500.00. Neither of them seem upset by this, so it makes you wonder how good was the friendship. A friend lends another money. It is to be paid back in one week. When he goes to collect, his friend does not answer his calls. Finally, he receives a check that has insufficient funds. The friend sending the check claims he is returning a finder's fee for a job and not paying back the loan, that it was never a loan. Once again, I stress the importance of getting agreements in writing. The initial loan should have been a check with the word loan written on the memo line. The Judge reminds everyone the memo line on the check is very important. 

Please let me know what you think of these situations. Thank you for joining me today.

Remember: Joy is what happens to us when we allow ourselves to recognize how good things really are.

- Marianne Williamson

People's Court: 6-8-12: Contracts

More stories today that make you say - Really!!!!. A woman is buying a car from a family friend. He claims he tries to talk her out of it, yet he still sells it to her. They have a very detailed contract of sale. He retains possession of the car, while she is making payments. She wants to "borrow" it for the weekend, but has no intention of returning it in a timely manner. This does not go well and becomes the beginning of the end... Then she claims that he wanted to trade sexual favors for the car. He denies this also. The contract they have agreed to is binding. Why do they think they can change it now? 

Next there is a lawyer who does not provide a retainer agreement to a client. He tries to bill her for many hours of telephone calls. It seems she was picking his brains so she could file paperwork on her own. They both were wrong and seem to deserve each other. This man should know better since he is an attorney. Why would he do business this way?

The last case seems to be such a waste of everyone's time. A recently purchased used vehicle breaks down. It is still under the warranty. When the young man calls the dealer, he is told they do not pay for nor provide tow service. Why would be wrong in recommending a tow company? What has happened to common courtesy?

Please let me know what you think about these situations.

Thank you for joining me today.

Remember:

Laugh when you can,
apologize when you should,
and let go of what you can't change.
Life's too short to be anything... but happy.
- Anonymous