tv Up to the Minute CBS April 3, 2012 3:10am-4:00am PDT
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>> it's february. we were freezing. >> announcer: a mother-in-law... >> judge judy: you made a loan to mr. hathaway to put a heating system in the house. >> announcer: ...left out in the cold... >> judge judy: did you agree to take care of the payment? >> no, ma'am. >> announcer: ...and a wife... >> judge judy: you had gotten sick as a result of something happening with the heating system. >> announcer: ...gets the cold shoulder. >> i spent seven hours in the emergency room one night because i was in such excruciating pain. he sat at home. >> announcer: "judge judy." you are about to enter the courtroom of judge judith sheindlin.
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the people are real. the cases are real. the people are real. the cases are real. the rulings are final. captions paid for by cbs television distribution judee nan rhea is suing her ex son-in-law, ben hathaway, for a loan to put a new heating unit in his home. ben says the loan was his ex-wife's idea. >> byrd: order! all rise! this is case number 343 on the calendar in the matter of rhea vs. hathaway. >> judge judy: thank you. >> byrd: you're welcome, judge. parties have been sworn in. you may be seated. >> judge judy: miss rhea, this is your daughter? >> yes, ma'am. >> judge judy: you used to be married to mr. hathaway? >> yes, ma'am. >> judge judy: are you currently divorced? >> yes. >> judge judy: okay, this is what this case was about. miss rhea, it is your claim that you made a loan to mr. hathaway to put a heating system in the house, and you claim it is a loan solely to mr. hathaway. you want him to pay you back that money since he has the house and he has the heating system. >> yes, ma'am.
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>> judge judy: mr. hathaway says that this was something that was done while they were a married couple, and at best, it became a debt of the marriage since they were both living there. so i have a few questions for your daughter. who found the heating system broken? >> i did. >> judge judy: when? >> it was in -- i don't know the exact date. it was in february of 2010. the furnace acted like it wanted to kick on and never would. he was on the road. he was a long-haul truck driver at the time. i called him to ask him what he wanted me to do because it's february, we were in, like, minus digits, and he said call and have a service guy come out. so i called home heating and air, had them come out. they told me that there was a couple of things that were broke on the -- oh, i'm sorry. >> judge judy: can't tell me what they told you. >> okay. >> judge judy: what did you do after the service people came out? >> they shut the furnace off for safety reasons because of carbon-monoxide poisoning leaking into the home. >> judge judy: and the next person you called was? >> if you're speaking about when i went to get the furnace, he actually came home later that
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night. we spoke as far as what it was we were going to do. we knew that the furnace had to be replaced, and so they had a salesguy come out from home heating and air-conditioning. we sat at our dining-room table and discussed which unit we were gonna do. >> judge judy: you and your husband chose a unit. >> yes, ma'am. >> judge judy: and how were you gonna pay for it? >> well, we tried to get financing through both of our names, couldn't do that, and so salesguy said, "do you think that you have somebody that would be able to loan you money?" ben told me, "no, i don't have any family that would be able to loan me money," so he said, "how about if you call nan and see if she would be willing to do it?" so i called my mother, let her know what was going on and said, "could you get a loan so that we can put a furnace into the home?" >> judge judy: okay, and at the time that you did that, you were on reasonable terms with your husband? >> yes. >> judge judy: do you have a copy of your judgment of divorce? >> yes, i do. >> judge judy: i'd like to see it.
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you don't list this debt to your mother as a debt in your divorce decree. >> the divorce was done, actually, very quickly. >> judge judy: i don't care whether it was done quickly or not quickly, it was initiated, signed off by you, and clearly from what you're telling me, this was a joint debt. >> originally, yes. >> judge judy: it remains -- it was always a joint debt. it was for the family. you actually made the call to your mother. it is a joint obligation to repay. it should have been listed in here because there is certainly an area for debts, and then it says, "each party shall assume any debt incurred after april 10, 2010," and this was certainly done before april 10, 2010, so that anything that was incurred prior to that is a joint debt. >> okay, can i ask a question? >> judge judy: sure. >> what about in the divorce papers where it states what is in his possession is his
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property, what is in my possession is my property? the furnace and the home are his. >> judge judy: absolutely right. the furnace and the home are his, but the debt is a joint debt. you can't go backwards, miss hathaway. you can't say, "it was a joint debt, but then it became an individual debt," unless the court rules that it's an individual debt in the judgment of divorce. >> okay, what if he has taken responsibility for that debt to myself and my mother both, stating that he would take care of it, which he has numerous times said that he would take care of the debt, that he would, in his words, "nan, i would never [bleep] you over. i will take care of that payment." >> judge judy: did you agree to take care of the payment? >> not to my knowledge, ma'am. >> judge judy: well, to whose knowledge? the question is, did you agree to take care of the payment or did you not, and if you agreed to take care of the payment, i'll dismiss the case, you can go outside and take care of the payment. >> no, ma'am. >> judge judy: so the answer is, you did not. >> correct. >> judge judy: well, then it's a joint debt, miss hathaway. >> your honor, in april the 9th -- and the reason i remember
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is 'cause it's my grandson's birthday -- he stood in my daughter's kitchen, looked me right in the face and said, "nan, i will pay you that bill. i will not [bleep] you over. you've never done anything to me or my boys. i won't [bleep] you out of that money. i will make payments to you." >> he said it again in october, as well. >> judge judy: then it should have been in here, and he denies that. >> of course. >> judge judy: right? >> yes, ma'am. >> judge judy: can i see the bill for the heating system, please, that you paid? >> the only thing i have are my -- he's got everything for the furnace. >> judge judy: how much was the furnace, mr. hathaway? >> the bill was for $8,206. >> judge judy: can i see your form of payment for it? >> well, i didn't bring those 'cause i didn't think i need them. i have three payments that they made, and my husband and i have been paying the rest of the payments since they haven't been paying it. >> this is where she transferred it into my account. >> judge judy: just a second. let's not play with each other. how much are the payments? >> the payments are actually $236.26 a month.
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>> judge judy: how many payments did you make? >> i haven't made no payments. >> judge judy: well, she says that there have been payments made. >> i have copies of three payments that they made -- $750. >> judge judy: okay. i want to see your paperwork before i call home heating and air-conditioning. >> this is the loan, this is where it was transferred into ben and i's account. >> and this is where it was taken out, put in my checking account, and... >> judge judy: okay. and how long do you have to go to pay this? >> three years. >> it was a three-year contract. >> judge judy: so then what you really want is for half of the remaining balance on this loan to be paid directly to... >> it's capital educators who the loan is through, ma'am. >> judge judy: right. that's what you want, correct? >> mom, is that what you...? >> yes, ma'am. >> judge judy: okay. and you've made all the payments since. that's what you're telling me. >> yes, ma'am.
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>> judge judy: hi, good morning. this is judge judy sheindlin. how are you? good, thank you. i'm in the process of trying a case that tangentially involves your company, and i'm just calling to check on whether a certain account is current. the item was installed in february 2010 at the home of ben and jeannette hathaway. you are familiar with these people? tell me what you remember. okay. now, with regard to the current payments, do you have a reckoning of the current payment? so you are fully paid.
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and what was the total amount of the unit that you replaced? okay. you've been very helpful. thank you very much. bye-bye. okay. they were very, very helpful. you're jeannette. is that right? >> yes, ma'am. >> judge judy: you had gotten sick as a result of something happening with the heating system. >> yes, ma'am. >> judge judy: tell me about that. >> mm. >> i got sick in february, um, went to the doctor for numerous appointments -- couldn't figure out what was wrong with me, had every test under the sun, including mris, cat scans. finally my mother convinced me to go two and a half hours away, and, uh...
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they sent me to a surgeon to do exploratory surgery. i ended up with my gallbladder, my appendix, one of the lymph nodes in my stomach all removed, and they took a liver biopsy, and it all came back inconclusive as far as the tests were concerned. >> judge judy: so they did an exploratory surgery, and they removed all of these organs and came back with nothing? >> inconclusive, so... of which, i might add, when i went to the emergency room -- i spent seven hours in the emergency room one night because i was in such excruciating pain. he sat at home in front of the tv. >> judge judy: there's a reason that you're not still married. now, the question was, a woman who i spoke to from the heating company seemed to suggest that there was something wrong with the heating system that caused you to become ill. >> the doctor can only speculate, and i didn't bring anything with me because that's all he can do is speculate that maybe that's what actually caused me to become ill because it coincided with the same time that the furnace broke down.
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i don't know. >> judge judy: okay. >> announcer: "judge judy" continues in a moment. >> announcer: and later today... >> he said he'd kill me, rip my head off, and i decided to call 911 and reported that my life was threatened and my truck was starting to get beat up. >> i don't recall saying any of that. >> judge judy: i know you don't. that's what happens when you >> judge judy: i know you don't. that's what happens when you drink too much, mr. butler.
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"judge judy." nan rhea says her ex son-in-law, ben hathaway, owes for a loan to put a new heating unit in his home. ben says it's nan's daughter who owes the money. >> judge judy: all right, giving you credit for the $750 that was paid for the loan prior to the divorce. the whole amount of the unit was $8,200. that's what you borrowed. >> i only borrowed $8,000. >> judge judy: that's with interest? >> yeah. >> judge judy: okay, thank you. $7,250 divided by 2. mr. hathaway, you owe her $3,625. that's half of the marital debt. you have any questions, sir? >> no, ma'am. >> judge judy: thank you. that's all. >> byrd: parties are excused. you may step out. >> he sat at the table and picked the unit out... >> the heating system, we talked about it. >> ...and then asked if we could do a.c. along with it. >> while i was gone, a whole new system was decided to put in. >> so, not only does he have a free furnace, basically... >> when i got home, the old system was completely gone...
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>> ...he also has a free air-conditioning system. >> ...and then she moved out and took all my stuff... >> it's typical ben hathaway. >> ...decided to sue me for $8,000. >> he tells you what you want to hear and then he does whatever is in ben's world 'cause that's the way he is. >> announcer: and now the next case. >> byrd: all parties in the matter of brandley vs. butler, step forward. >> announcer: 21-year-old christopher brandley is suing his former classmate, caleb butler, for vandalizing his truck in a drunken rage. >> judge judy: mr. brandley, it is your claim that the defendant vandalized your truck by kicking it. >> yes. >> judge judy: when did this happen? >> presidents' day weekend. >> judge judy: give the date. >> february 12th, 13th? [ object taps ] [ laughter ] >> judge judy: where'd you think you were coming today? >> to court. >> judge judy: what are you supposed to do when you come to court? >> be prepared. >> judge judy: correct. first question -- when, where, and how did this happen? first question would be, when? >> presidents' day weekend on friday. >> judge judy: give me the date. >> february 12th. >> judge judy: what year?
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>> 2010. >> judge judy: what time did it happen on february 12th? >> 12:30 in the morning. >> judge judy: where did it happen? >> my apartment complex at reflections by the lake. >> judge judy: where were you coming home from? >> i was coming home from a friend's house. >> judge judy: who was with you? >> no one. >> judge judy: what were you doing at his apartment complex? >> i was walking home from the bar. i live down the street from where his apartment complex is. >> judge judy: how long had you been at the bar? >> a couple hours, your honor. >> judge judy: how much had you had to drink? >> i honestly don't remember. quite a bit. i was fairly intoxicated. >> judge judy: now, you were out for the evening at a friend's house. had you had any alcohol? >> no, ma'am. >> judge judy: tell me what happened, mr. brandley. >> i was driving home from my friend's house. around 12:30, i came into the apartment complex. i parked my truck, and i parked -- stuck my truck in park, and i saw this guy banging on my window and door on my apartment, and i had no clue who it was in the beginning, so i stood there in my truck, or sat in my truck till i figured out who it was. he turned around and saw me,
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came running down the stairs, and banged on my truck, driver's side window, with his fist. i rolled my window down halfway and said, "who the [bleep] are you?" he presented his name, and i rolled my window up going, "oh, this isn't gonna be good," 'cause i knew him in the past. we never got along, and from there it escalated to he said he'd kill me, rip my head off and so on, and i refused to get out of the truck to fight him, so i decided to call 911 the first time and reported that my life was threatened and my truck was starting to get beat up. he started off by punching my window, ripped off a plastic cover on my driver's side mirror, and the electronics do not work in it now. he bent the mirror down where it won't click in place, and by then, the second time, i called the cops and said that my truck was getting vandalized, he does have a weapon in his hand, which was my plastic bug reflector off my hood he ripped off by his hands and started -- >> judge judy: can i see the police report? >> yes. >> announcer: "judge judy" continues in a moment. >> judge judy: you started banging on his truck. >> i initially hit his truck. >> judge judy: you can't do that. >> i thought that i was doing it
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out of self-defense. >> judge judy: no, you weren't. you want to know what you said to the police? >> yes, your honor. to the police? >> yes, your honor. >> judge judy: mm. a body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen, and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease
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>> judge judy: why didn't you get along? >> just we never connected heads at all. we just never got along. it seemed like he always wanted to start drama with me when i was dating that girl, and we never talked. it's just we always heard the drama from other people saying we talked this, we talked that. >> judge judy: what happened with your arrest, mr. butler? >> i was detained for a day and a half and released on my own personal recognizance. >> judge judy: and what happened to the case? >> it was dropped as far as i know. >> judge judy: what do you mean as far as you know it was dropped? >> this is my release paper. it says that i'm not supposed to have contact with chris, that i'm not supposed to drink alcohol or possess firearms and nothing would be charged on me as long as i abided by those. >> judge judy: i'd like to see the piece of paper that you have, sir. no, this is a provisional order, sir. were you supposed to go back to court on february 17th? >> they didn't tell me anything. i didn't receive anything in the mail. when i was released, they said
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i had no court dates set or anything. >> judge judy: okay. you do understand that should the prosecutor's office decide to prosecute you at some further date, because i don't see any notice of dismissal here, that they can use whatever you say here in their case against you. you do understand that. >> yes, i do. >> judge judy: now, do you want to continue? >> yes, i do. >> judge judy: okay, fine. you were drunk, right? >> yes, your honor. >> judge judy: you want to tell me what you remember despite the fact that the police in their police report indicated that you were pretty snookered? >> i was walking home from the bar just minding my own business, and all of a sudden a truck comes whipping into the parking lot, and my initial reaction was that the truck was trying to hit me, so i turned around and hit the truck, and then couldn't tell who was in the driver's seat, but i was trying to get them to come out, and then as soon as i had realized that it was chris, i had gotten even more livid, more angry that i realized it was him 'cause we do butt heads. we do have a history of people telling us that we're talking -- >> judge judy: just a minute. so you were in his parking lot. >> i was walking by on the
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sidewalk, and he come pulling into the parking lot, your honor. >> judge judy: and you thought he was gonna hit you? >> i did. >> judge judy: he didn't hit you. >> no, he didn't, your honor. >> judge judy: and you started banging on his truck. >> i initially hit his truck. >> judge judy: you can't do that. >> i thought that i was doing it out of self-defense. >> judge judy: no, you weren't. you want to know what you said to the police? did you read the police report? >> no, i did not, your honor. >> judge judy: you want me to read to you what you said to the police? >> yes, your honor. >> judge judy: mm. >> announcer: "judge judy" continues in a moment. closed captioning sponsored continues in a moment. closed captioning sponsored by... seven mouth-watering meals for just $7 each. all day. every day.p. try savory, delicious bacon-wrapped sirloin steak and eggs. it's a great way to make it an ihop day. and now there's new alka-seltzer plus allergy. try it now for fast relief. go to alkaseltzer.com for a $2 coupon.
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,,,,,,,,,,,, go to alkaseltzer.com >> judge judy: "butler was crying and saying, 'i can't deal with it anymore. i already know i'm going to jail. i vandalized the guy's car.' i could --" "i" meaning the police officer -- "could smell the odor of intoxicants on butler's breath, and he admitted that he had been drinking, although he didn't know how much he had to drink that night."
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then you said to the police, "this isn't me. it's not like this. i just lost control." >> i don't recall saying any of that. >> judge judy: i know you don't. that's what happens when you drink too much, mr. butler. >> yes, your honor. >> judge judy: so, how much is it gonna cost you to get your car fixed? give me the lowest estimate. >> $2,855.25. >> judge judy: let me see it. and let me see pictures of the car, please. thank you. >> byrd: mm-hmm. >> judge judy: you smashed up the car. bad temper. okay. the amount of the estimate is $2,855. i'm awarding you an additional $500 because this truck's gonna be out of commission for at least a week while they fix it so you can rent a car. >> okay. >> judge judy: understand? >> yes, i do. >> judge judy: okay. judgment for the plaintiff in the amount of $3,300. that was an expensive drunk, mr. butler. that's all. >> yes, your honor.
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>> byrd: parties are excused. you may step out. >> announcer: "judge judy" continues in a moment. >> announcer: "judge judy" continues in a moment. and on the next "judge judy"... >> he was intending to hit me as far as i can recall. >> that's false. he's lying... >> i can't deny the police report. i was intoxicated. >> ...me running him over with the truck. >> but as far as i know, i... >> he was banging up on my door already before i even parked. >> ...was doing it out of some sort of self-defense. >> i got the restraining order that i have right now for a year, and that's about all i can do. year, and that's about all i can do. >> don't get drunk. -- captions by vitac -- www.vitac.com
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