People's Court Blog- 9 3 2012 - Monday

Joseph and The Matchmaker

Joseph is suing Jacqueline for $2227.00. Jacqueline runs a matchmatching business. When Joseph moved to Oregon from Ohio, he signed up for 2 free online dating services. Joseph is very proud to show the reason he moved to Oregon. He has a picture of his 6 year old granddaughter. He is a very proud grandfather! Joseph decided to upgrade his services on Jacqueline's website and paid her $27.00 for a consultation. He then agreed to a platinum service package that cost $2200.00 for 90 days of personal service. He refers to the money as "benjamins" (This is so cute!) Joseph was supposed to receive personal attention for this additional cost. Jacqueline said she does background checks on the potential dates and even conducts personal introductions. Jacqueline had asked Joseph to update his online pictures. He did this, had current pictures taken,  and sent them to Jacqueline. After several weeks, Joseph was not happy with the service. He sent an e-mail to Jacqueline demanding a refund. He felt she was stringing him along. Joseph received an e-mail from a potential date. He was upset because the woman was not a platinum member. He did not know what he was getting for the additional money he paid. When Jacqueline received a complaint from the Better Business Bureau, she suspended Joseph's membership. She did not notify him about this. Jacqueline explains that she did it for his benefit and then admits she did it to protect the company. Either way, when she suspended his service, she breached their contract. Joseph had every right to complain about a service he was not happy with. He was taking the proper steps and going through the right channels. The Judge finds in favor of Joseph. He receives $2200.00, the cost of the platinum package. He does not get back the consultation fee. Jacqueline should never have suspended his membership. Joseph is elated about winning the case. He is also dating the photographer that took his pictures to update his profile. It seems that Joseph is a man of action. He moved to Oregon to spend time with his granddaughter. He is enjoying an active social life! He knows what he wants and is willing to go to court to fight for it! What do you think?

Richard And The Shopping Cart

Richard is suing Jamie for $650.00. This is for damages to his car from a shopping cart. Richard explains that he was parked next to the shopping cart corral. When he came out of the store and approached his car, someone in the parking lot pointed out the damage to his car from a shopping cart. He said the person shoved the cart from across the lane and then pointed to a car that was leaving the parking lot. The car circled around and came back. The passenger in the car told him that her cart hit his car. She gave him her information. The passenger was Jamie. Jamie admits that the cart hit the car instead of going in the cart corral. She says she pushed it from a few inches, not a few feet. She knows it scratched the car. Why shouldn't she pay for the damages? (This is where it gets really interesting!) Jamie says she was an invitee of the supermarket. She was told by a lawyer that she is not responsible for this reason. The Judge explains that as an invitee it does not absolve her of responsibility from consequences of her own actions. Also, the Judge tells Jamie that the legal advice she received was not correct. You get what you pay for! Yes, it is true, Jamie did receive free legal advice! I think it is amazing that Jamie knows she hit Robert's car and was not willing to pay for the damages. Why did she give him her information at the scene? Jamie feels that Robert was threatening and intimidating when he was calling her to ask for the money. It took a lawsuit to show Jamie that she is responsible for her actions. Robert is awarded $544.75. He will get back the cost of his deductible, credit card interest and his court costs. Robert was also suing for the cost of gas, he will not get this because he did not bring proof to court. Robert was fortunate there was a witness to this incident. Jamie should have left her information on Robert's car as soon as she saw the cart had caused damage. I hope Jamie is more responsble in the future and puts the shopping cart directly in the corral. This way she will avoid hitting someone's car! What do you think?

David / Margaret And The Flood

David and Margaret are suing Alex for $3000.00. They explain their neighbor's toilet overflowed and caused flooding in their home. The insurance company hired a restoration company for the clean-up. Alex's company did the initial clean-up, removed the damaged carpeting and padding. They also removed the parts of the walls that had absorbed water. When the contractors started their work, Alex was contacted to store David's and Margaret's belongings. The belongings were packaged in cardboard boxes and Rubbermaid containers and stored in Alex's warehouse. When David and Margaret received their items back, they were very unhappy. They say that everything was moldy and smelled really bad. One of the Rubbermaid containers was cracked. They threw almost everything away. They did save a few items they brought to court with them. They did not take any pictures, they do not have any receipts. They do have a list with the number of boxes and containers removed from their home. This is their only evidence. Alex does not have any paperwork for this transaction. The list also has written on it that 3 rugs were taken to the storage unit. When the items were returned, the rugs could not be found. Alex does have 2 of the rugs in court for this case. He admits that one rug is still missing. The Judge checks the items that David and Margaret brought in with them. She notes they do smell, but is not able to determine whether it is from the flood or from the storage unit. Alex explains the items were packaged and sealed at their home and stored in his warehouse. Everything was still sealed when it was returned on February 2nd. Alex did not know there was a problem with the items until March 28th, when he was notifed about the lawsuit. Since David and Margaret are not able to prove that the storage procedure damaged their belongings, they do not get paid for them. They will receive $200.00 for the missing rug. They also get back the 2 rugs that Alex brought to court. The Judge smelled them and said they were fine. It is a shame what happened to David and Margaret. Having your home flooded with sewage water was a nightmare for them. I do think they should have notified the company as soon as they got back their belongings. It might have made a difference! What do you think?

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

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In three words I can sum up everything I've learned about life: it goes on.

- Robert Frost

People's Court - 8 2 2012 - Thursday

I Did Not Damage Your Car!

Peter is suing Frank for $289.13. They were both in the supermarket parking lot. Peter's wife saw a shopping cart hit their car. She confronted the woman that let go of the cart. She told the woman she saw the cart hit the car. The woman cursed at her. Peter confronted the man, told him that his wife hit his car with a cart and asked to exchange information. The man told Peter that the woman was not his wife and they both got in the car and drove away. Peter quickly got the license plate of the fleeing car. Now in court, we find out the man and the woman are, Frank and Janette. Frank says that Janette did not damage the car. When Peter approached him and told him his car was damaged, he denied it. Frank did not see any damage to Peter's car. Janette explains that the cart slipped from her hands, but she was able to catch it before it hit the car. She did not see any damage to Peter's car. Janette denies cursing at Peter's wife. She is very adamant that she did nothing. She says that Peter's wife was yelling at her and she did not understand why. Janette also says that they were not fleeing, they did not know they did anything. Frank says that Peter and his wife were scaring Janette, that is why he left. Peter describes the damage and has the proof of repair. He spent $289.13 to have the scratches and the gouge fixed. Peter does not have any pictures of the damage. Since he has the receipt for the repair and the eyewitness testimony of his wife, he wins. The problem is he is suing Frank not Janette. Frank is not responsible for the damage. The Judge asks Janette if she would be willing to an amended complaint. Janette says yes and she is found responsible for the cost of the damage to Peter's car. In the hallway, Janette says she is a firm believer of honesty. Peter's wife says if Frank and Janette had behaved differently, it would be a different story. I think that means that there might not be a court case. Why can't people just be civil to each other? What ever happened to treating people as you would want to be treated? What has happened to taking responsibility for our actions? What do you think?

Hurricane Irene Strikes Again!

Elissia wanted to have a birthday party for her mom. She rented the local VFW hall. She hired Frances, her son's great grandmother, to cater the event. She gave Frances $1000.00 for the food needed for the party. The party was going to be on August 27th. Two days before the event, Elissia received a call from the commander of the VFW hall. He explained to her the hall would be closed due to Hurricane Irene. The governor declared a state of emergency and he was cancelling all upcoming events. Elissia called Frances to let her know. Frances said she had already done most of the shopping and had spent $700.00. Elissia told her she would pick up the remaining cash, groceries and receipts. When Elissia arrived she told Frances she would not accept any food without receipts. Frances did not have receipts for all of the food she had purchased. These two woman could not work this out. It is unfortunate since they are family. Frances explains that she did not save the receipts, since she had quoted Elissia a flat rate of $1400.00. Frances did return some of the food to Sam's Club, to get some of Elissia's money back. Elissia wanted all of her money back since she gave Frances notice about the cancellation of the party. Towards the end of the case, Elissia mentions a contract, a written contract. After all, she watches People's Court and she knows how important a contract is. The Judge is very pleased that Elissia has taken the initiative to write a contract. The Judge rules on the case, since the VFW hall had to close due to the hurricane, Elissia wins the case. In the hallway, Frances said she did offer Elissia an alternate date. Elissia says that she never had a party. Maybe, she would throw a party for her mom's next birthday. Spoiler alert - her mom is standing right next to her! Hopefully, this situation will not affect the family situation. Sometimes it is not a good idea to do business with family. When all goes well, that is great. When there are problems, it can get very complicated. What do you think?

Help Me - My Tenants Won't Pay Their Rent!

Lucia is suing Dennis and John for $5000.00. She hired Dennis's company to find her a tenant. John is an employee of the company. Lucia claims they misrepresented the terms of a contract. They actually did misrepresent what they were able to offer her. The only reason they are not found responsible to pay Lucia, is that the lease they were responsible for is over. They authored a lease for Lucia that was for one year. The tenants were eligible for a government program, Work Advantage. The rent is paid by the government. This was appealing to Lucia, since it is guaranteed rent. Why is there a problem? Lucia  wants $1500.00 a month rent. The government would only be paying $1316.00. Dennis and John provide a side agreement for the tenants to pay the remaining $284.00 directly to Lucia. A side agreement is not allowed through this government program. The Judge calls them on this illegal practice. Hopefully, they stop doing this, since it definitely causes problems. Lucia explains that the tenants no longer are paying  their rent, they are operating a tattoo parlor out of the apartment and they are smoking pot. Lucia explains that she is trying to evict them, but they have an additional year on the lease. The Judge tries to explain to Lucia that since the original lease is over, there should not have been an automatic renewal. Lucia says she retained an attorney and was told she could not do anything for another year. Lucia got rid of this attorney and is pursuing the eviction on her own. Lucia cannot prove that she is out $5000.00. Since the paperwork that Dennis and John provided has expired, they cannot be held responsible for the current conditions. Lucia feel it is wrong that she lost the case. She still continues to talk about a 2 year lease. The two men admit they were embarrassed by what was said in court. They really need to take a close look at their business practices. They might have won the case, but they lost in morality. I hope Lucia can get everything worked out, so she can collect rent for her apartment. Good luck Lucia!

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

Some people grin and bear it; others smile and do it.

-Unknown 

People's Court: 7-13-12 ** Bittersweet ** ****Music Business ** Responsibility ****

This is such a sad family situation. Keith is suing Kara for $2090.00. Kara is married to Keith's stepson, Dan. In 2008, Dan, Kara and their children lived in Missouri. Keith and his wife lived in Florida. Dan was arrested for felony possession of marijuana. The family needed money to get Dan out of this situation. Keith says he does not remember who he spoke when he agreed to lend them the money. Since Kara signed for the money, he is suing her. I do not think Kara is responsible to pay this debt. She had to sign for the money since Dan was in jail. The money was used to pay Dan's fines. When this situation was resolved, Dan and family moved to Florida for a fresh start. They stayed with Keith and his wife while they were trying to get on their feet. This was supposed to be a fresh start for them. Unfortunately, it did not work out that way. Living with the in-laws is a strain to begin with. The loan added tension to the situation. Kara thought that Keith was mean to her children, yelling at them all the time. She said that there were too many rules in the house, it was not fair to the children. They could not even have their snacks when they got home from school. Kara is so emotional, she can hardly tell her story. It is very obvious this entire situation is hard on her. She is trying to be everything to everyone. She has moved out of Keith's house, to try to give her children a better environment. Dan continued to live at his stepfather's house, until he broke curfew. He was kicked out and now sleeps on Kara's livingroom couch. This poor woman seems like she is about to break. Thank goodness, the law is on her side. She is not responsible for this loan. Keith needs to sue Dan for the money. In the hallway, Dan says he will sue his stepson. Kara says she is planning to move to Kansas, to be with her family. I wish her luck. She seems like she is carrying the weight of the world on her shoulders.  I hope everything works out for her and her children.

Yvette is trying to help two teenage friends of her son. She thinks they have musical talent and wants to give them a chance to pursue it. This is not her day job, she is trying to do something nice for them. She hires McAuthor to promote their talent. She gives him $2000.00 for an artist development package. He is a music producer, agent, musician, etc. With all of his expertise, he does not seem to steer Yvette in the right direction. There is a one page contract with little information on it. McAuthor says all of the details are on his website. Yvette is new to this business and does not understand all of the pitfalls that can happen. The major pitfall being the teenagers themselves. She does not get a written contract with the kids and their parents. This becomes a problem because one of the kids drops out. Yvette claims McAuthor tried to steal him away from her. She does not have any proof of this claim. He denies it. This particular young man did drop out of the group. Yvette found someone to take his place. She leaves messages for McAuthor and he avoids her. McAuthor has not upheld his end of the contract and Yvette will get her money back. I hope if Yvette continues in the music business, she learns her way around. I give her credit for wanting to help these kids, but she has to protect herself. Hopefully, this will be a learning experience for her.

A shopping cart rolls into a parked car and causes damage. Who is the responsible party? Tracey would like us to believe the store is responsible because the parking lot is hilly. She spoke to the store manager and finds out that this happens to others all of the time. They would not give her anything in writing. She would like us to believe the wind is responsible. She has weather reports with her in court as proof, it was a very windy day. She would like us to believe it was because she was closing her car after loading up her kids and packages. Okay, this is all very amusing! Fortunately, John was sitting in his car when the shopping cart rolled into it and caused the damage. Tracey looked in the car, said she was sorry and then was going to drive away. John approached her and got her information and has pursued this case. He would like her to pay the $543.13 cost of having the damage repaired. Even after being sued, Tracey still  thinks someone else should be responsible. She checked with her insurance company and found out that John can go through his own insurance company. Really! Why? Tracey really has lost all touch with the reality we call life. How can she truly believe she is not responsible for the damage to John's car? Why is she so quick to blame everyone else? What a great role model she is for her children, remember they were in the car! We are not surprised to find out the verdict, Tracey has to pay for the damage. In the hallway, she finally admits that she was responsible for the mishap. Hopefully, Tracey will change the way she looks at life and realize we all need to take responsibility for our actions. 

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

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