1 00:00:00,100 --> 00:00:02,900 When you broke up, you took the car. 2 00:00:02,967 --> 00:00:05,800 He was doing me a favor and gifted me the vehicle. 3 00:00:05,867 --> 00:00:08,867 The discussion was for her to use the vehicle. 4 00:00:08,934 --> 00:00:10,300 Then he took the car back. 5 00:00:10,367 --> 00:00:11,233 Yes, ma'am. 6 00:00:11,900 --> 00:00:15,367 Put your hand down. I'm not listening to you 7 00:00:15,433 --> 00:00:19,033 unless you tell me what law school you graduated from. 8 00:00:19,100 --> 00:00:20,133 Harvard. 9 00:00:20,200 --> 00:00:22,567 Was that just a wise-ass remark? Now you can leave. 10 00:00:22,633 --> 00:00:25,367 [narrator] This is Judy Justice. 11 00:00:25,433 --> 00:00:26,934 [theme music playing] 12 00:00:42,400 --> 00:00:48,133 [narrator] Reyna Carreno-Harvey is suing her ex-boyfriend, Hector Diaz, 13 00:00:48,200 --> 00:00:50,967 for trespassing and a stolen car. 14 00:00:51,033 --> 00:00:53,400 [Kevin] Court come to order. All rise. 15 00:00:55,233 --> 00:00:56,500 [Judy] Have a seat, please. 16 00:00:58,266 --> 00:01:01,000 Case 3133, Carreno-Harvey versus Diaz. 17 00:01:01,066 --> 00:01:02,033 -Thank you. -You're welcome. 18 00:01:02,533 --> 00:01:05,467 [Judy] Ms. Harvey, how long and during what period of time 19 00:01:05,533 --> 00:01:08,700 did you and Mr. Diaz date, live together? 20 00:01:08,767 --> 00:01:12,600 We were together one and off since January of 2018. 21 00:01:12,667 --> 00:01:15,367 [Judy] There came a time, according to your complaint, 22 00:01:15,433 --> 00:01:19,100 when you were living together when you needed a car. 23 00:01:19,166 --> 00:01:20,033 Yes, ma'am. 24 00:01:20,100 --> 00:01:22,867 And that was in 2020. 25 00:01:22,934 --> 00:01:23,800 Yes, ma'am. 26 00:01:23,867 --> 00:01:26,300 [Judy] And at that point, you had been living together about a year and a half. 27 00:01:26,367 --> 00:01:27,233 [Reyna] Yes, ma'am. 28 00:01:27,300 --> 00:01:30,066 [Judy] You did what you're not supposed to do, which is just living together. 29 00:01:30,133 --> 00:01:32,100 You bought a car together, 30 00:01:32,166 --> 00:01:35,600 titled in both your names and the loan was in both your names. 31 00:01:35,667 --> 00:01:36,567 Yes, ma'am. 32 00:01:36,633 --> 00:01:38,433 What kind of car did you buy? 33 00:01:38,500 --> 00:01:40,367 A 2016 Ford Focus SE. 34 00:01:40,433 --> 00:01:41,967 How much was it? 35 00:01:42,033 --> 00:01:46,800 After taxes and title, about 14,000. 36 00:01:46,867 --> 00:01:47,934 [Judy] And how much was the loan? 37 00:01:48,000 --> 00:01:49,000 [Reyna] 16,000. 38 00:01:49,066 --> 00:01:50,000 Why? 39 00:01:50,066 --> 00:01:52,166 The tags and total after taxes-- 40 00:01:52,233 --> 00:01:54,867 [Judy] Okay. So it was a $16,000 loan... 41 00:01:54,934 --> 00:01:55,800 Yes, ma'am. 42 00:01:55,867 --> 00:01:56,734 [Judy] ...that you both took out. 43 00:01:56,800 --> 00:01:57,667 Yes, ma'am. 44 00:01:57,734 --> 00:02:00,367 How did you handle the payments on the car? 45 00:02:00,433 --> 00:02:02,834 I had the responsibility of the monthly payments. 46 00:02:02,900 --> 00:02:04,967 [Judy] Is that correct, Mr. Diaz? 47 00:02:05,033 --> 00:02:08,433 Yes, ma'am, but the total of the loan was 14,000. 48 00:02:08,500 --> 00:02:11,233 The price of the car was 12,000. After everything, it was 14,000. 49 00:02:11,300 --> 00:02:13,300 -May I see, please? Thank you. -[Hector] Yes, ma'am. 50 00:02:20,433 --> 00:02:22,734 How much was put down on the car? 51 00:02:22,800 --> 00:02:24,266 -[Reyna] 1,000. -[Judy] Who put it down? 52 00:02:24,333 --> 00:02:25,200 [Reyna] Both of us. 53 00:02:25,266 --> 00:02:29,033 And you made the car payments for how many months? 54 00:02:29,100 --> 00:02:33,133 I would say the first six or seven months' duration of the loan. 55 00:02:33,200 --> 00:02:36,800 Well, that's not the duration of the loan. You paid for six or seven months. 56 00:02:36,867 --> 00:02:37,734 Yes, ma'am. 57 00:02:37,800 --> 00:02:39,133 [Judy] Okay. Six or seven months. 58 00:02:39,200 --> 00:02:41,467 So you had a certain amount of equity in the car, 59 00:02:41,533 --> 00:02:46,600 but the car still had more than half of the loan still outstanding. 60 00:02:46,667 --> 00:02:47,700 So far, are we correct? 61 00:02:47,767 --> 00:02:48,633 Yes, ma'am. 62 00:02:48,700 --> 00:02:52,033 Now, it is your claim that when you broke up, 63 00:02:52,100 --> 00:02:53,667 -you took the car. -Yes, ma'am. 64 00:02:53,734 --> 00:03:00,467 And it is your claim that the defendant came onto your property uninvited in 2023 65 00:03:00,533 --> 00:03:02,166 -and took the car back. -Yes, ma'am. 66 00:03:02,233 --> 00:03:06,200 Mr. Diaz does not-- stop playing with your papers. 67 00:03:06,266 --> 00:03:07,133 Okay. I'm not. 68 00:03:07,200 --> 00:03:11,233 [Judy] Mr. Diaz does not deny that he came onto your property, 69 00:03:11,300 --> 00:03:13,867 took the car, had to have it re-keyed. 70 00:03:13,934 --> 00:03:16,367 And he took the car on what date? 71 00:03:16,433 --> 00:03:18,567 October 17th, 2023. 72 00:03:18,633 --> 00:03:24,100 However, Mr. Diaz says that when you broke up in 2021, 73 00:03:24,166 --> 00:03:27,734 you couldn't come to an agreement on the car 74 00:03:27,800 --> 00:03:30,767 because he's smart enough to know-- I assume you are too-- 75 00:03:30,834 --> 00:03:34,633 that if you broke up, the one who had possession of the car 76 00:03:34,700 --> 00:03:37,800 should be the only one on the title and the only one on the loan. 77 00:03:37,867 --> 00:03:40,033 -We all understand that. -Yes. 78 00:03:40,100 --> 00:03:43,200 Because we don't want a couple that's no longer a couple-- 79 00:03:43,266 --> 00:03:45,200 somebody driving around with somebody else 80 00:03:45,266 --> 00:03:48,433 responsible for the payment, responsible for insurance. 81 00:03:48,500 --> 00:03:53,300 Okay, and Mr. Diaz says that you could not come to an agreement 82 00:03:53,367 --> 00:03:56,900 of how you were going to renegotiate the loan. 83 00:03:56,967 --> 00:03:59,500 You say he wouldn't help you renegotiate the loan. 84 00:03:59,567 --> 00:04:01,467 He refused me to renegotiate the loan. 85 00:04:01,533 --> 00:04:02,734 You mean, to give you money? 86 00:04:02,800 --> 00:04:06,100 No. What he refused is I wanted to refinance the vehicle 87 00:04:06,166 --> 00:04:09,800 solely to myself, and he denied me that. 88 00:04:09,867 --> 00:04:11,033 -[Judy] He said no. -Yes. 89 00:04:11,100 --> 00:04:16,233 Okay. Did he give you a 2014 Volkswagen? 90 00:04:16,300 --> 00:04:17,166 Yes. It was gifted to me. 91 00:04:17,233 --> 00:04:20,333 [Judy] Okay. And that was in 2021. 92 00:04:20,400 --> 00:04:21,266 Yes, ma'am. 93 00:04:21,333 --> 00:04:25,633 So in 2021-- because this is what Mr. Diaz says-- 94 00:04:25,700 --> 00:04:26,767 he felt as if, 95 00:04:26,834 --> 00:04:30,300 based upon the fact that you had a certain amount of equity-- 96 00:04:30,367 --> 00:04:37,133 you had put in $500 towards the car and made six or seven payments 97 00:04:37,200 --> 00:04:41,300 on the car before you broke up-- that you had a certain amount of equity. 98 00:04:41,367 --> 00:04:46,900 He had a 2014 Volkswagen that had no debt. 99 00:04:46,967 --> 00:04:48,066 -Is that correct? -Yes, ma'am. 100 00:04:48,133 --> 00:04:49,433 [Judy] And he gave that car to you. 101 00:04:49,500 --> 00:04:50,934 -That is correct? -Yes, ma'am. 102 00:04:51,000 --> 00:04:52,700 [Judy] Did he give you the title to that car? 103 00:04:52,767 --> 00:04:53,633 Yes, ma'am. 104 00:04:53,700 --> 00:04:56,600 -And he took back the Ford Focus. -Yes, ma'am. 105 00:04:56,667 --> 00:05:00,867 So he said, "Here's a car for you. It's free and clear. 106 00:05:00,934 --> 00:05:04,033 It's for the equity that you put in the car." And you accepted it? 107 00:05:04,100 --> 00:05:04,967 No, ma'am. 108 00:05:05,033 --> 00:05:07,266 [Judy] Well, what did he give you the Volkswagen for? 109 00:05:07,333 --> 00:05:08,800 So I could have transportation. 110 00:05:08,867 --> 00:05:11,433 He was doing me a favor and gifted me the vehicle. 111 00:05:11,500 --> 00:05:13,900 [Judy] And he took over the payments on the Focus. 112 00:05:13,967 --> 00:05:14,934 Yes, ma'am. 113 00:05:15,000 --> 00:05:17,533 [chuckles] Don't you understand where it's going? 114 00:05:17,600 --> 00:05:18,467 Yes. 115 00:05:18,533 --> 00:05:19,767 [Judy] He took over the payments on the Focus. 116 00:05:19,834 --> 00:05:22,934 He said, "I'm more comfortable making the payments on the Focus, 117 00:05:23,000 --> 00:05:26,633 but I'll give you a car, free and clear, so you have transportation." 118 00:05:26,700 --> 00:05:29,800 And he took back the Focus. Right? Yes. 119 00:05:29,867 --> 00:05:31,166 And he gave you the title for it. 120 00:05:31,233 --> 00:05:33,934 So you accepted this car that had some value. 121 00:05:34,000 --> 00:05:37,166 And you took it and you traded it in. Is that correct? 122 00:05:37,233 --> 00:05:38,266 Yes, I sold it. 123 00:05:38,333 --> 00:05:39,500 [Judy] Sold it for how much? 124 00:05:39,567 --> 00:05:40,433 [Reyna] 3,000. 125 00:05:40,500 --> 00:05:42,033 And you took some of that money 126 00:05:42,100 --> 00:05:45,166 and you put it as a down payment for a Jeep. 127 00:05:45,233 --> 00:05:46,100 Yes, ma'am. 128 00:05:46,166 --> 00:05:48,000 [Judy] And that was in 2022? 129 00:05:48,066 --> 00:05:48,934 Yes. 130 00:05:49,000 --> 00:05:50,767 What year Jeep did you buy? 131 00:05:50,834 --> 00:05:53,667 A 2016 Jeep Grand Cherokee. 132 00:05:53,734 --> 00:05:54,867 [Judy] And how much was it? 133 00:05:54,934 --> 00:05:56,000 [Reyna] 11,000. 134 00:05:56,066 --> 00:05:57,266 [Judy] How much did you put down? 135 00:05:57,333 --> 00:05:58,200 1,500. 136 00:05:58,266 --> 00:06:00,734 And so you kept the other 1,500. 137 00:06:00,800 --> 00:06:02,133 You sold it for 3,000. 138 00:06:02,200 --> 00:06:05,800 You sold the car he had given you for $3,000, 139 00:06:05,867 --> 00:06:08,934 took $1,500 of that-- put it down. 140 00:06:09,600 --> 00:06:11,000 Don't say anything. 141 00:06:11,066 --> 00:06:14,166 Put it-- just want to know if I'm following this-- put it down 142 00:06:14,233 --> 00:06:17,934 on a nicer car, a Jeep, with a loan. 143 00:06:18,000 --> 00:06:21,033 And then you didn't pay that loan, and that car got repossessed. 144 00:06:21,100 --> 00:06:22,100 Yes, ma'am. 145 00:06:22,166 --> 00:06:26,400 And then, Ms. Harvey, you evidently were still in contact with the defendant 146 00:06:26,467 --> 00:06:28,600 and let him know that you didn't have a car. 147 00:06:28,667 --> 00:06:29,533 Yes, ma'am. 148 00:06:29,600 --> 00:06:32,633 [Judy] So he let you borrow the Focus. 149 00:06:32,700 --> 00:06:35,567 No, ma'am, I took possession of the vehicle 150 00:06:35,633 --> 00:06:37,100 and continued payments on it. 151 00:06:37,166 --> 00:06:39,166 How did you take possession of it? 152 00:06:39,233 --> 00:06:40,667 -[Reyna] We-- -Wait. Just a second. 153 00:06:40,734 --> 00:06:43,700 Let's start with-- when did you take possession of it? 154 00:06:43,767 --> 00:06:48,567 Month and year. That's after he already gave you $3,000-- 155 00:06:48,633 --> 00:06:53,567 at least $3,000 worth of merchandise-- for your interest in the car. 156 00:06:53,633 --> 00:06:56,033 So tell me when you took the car back. 157 00:06:56,100 --> 00:06:59,400 I would say in early... 158 00:06:59,467 --> 00:07:01,400 [Judy] Well, when did you go? You went to his house? 159 00:07:01,467 --> 00:07:02,734 How did you get the car back? 160 00:07:02,800 --> 00:07:06,967 I met with him at his home, and we went to another dealership 161 00:07:07,033 --> 00:07:11,000 to give me the Ford. And he purchased a Mitsubishi. 162 00:07:11,066 --> 00:07:12,633 And I took possession of the Ford 163 00:07:12,700 --> 00:07:14,734 after we left the dealership with the Mitsubishi. 164 00:07:14,800 --> 00:07:17,900 Well, that sounds like you're pretty chummy if he gave you back the-- 165 00:07:17,967 --> 00:07:19,200 What do you want? 166 00:07:21,633 --> 00:07:23,834 Hi. I just wanted to say that I was present 167 00:07:23,900 --> 00:07:27,100 for the interaction when he gifted her the Beetle. 168 00:07:27,166 --> 00:07:30,467 And during that interaction, what it was 169 00:07:30,533 --> 00:07:31,900 was that her mother passed away. 170 00:07:31,967 --> 00:07:33,900 She expressed that she could no longer make the payments. 171 00:07:33,967 --> 00:07:36,266 He said, "I'll take the car back and continue payments, 172 00:07:36,333 --> 00:07:38,433 and I won't leave you without transportation." 173 00:07:38,500 --> 00:07:40,133 So she could continue to get to work and he gave her the Beetle. 174 00:07:40,200 --> 00:07:45,233 Who cares? He gave her an expensive car, which she subsequently sold, 175 00:07:45,300 --> 00:07:48,600 bought a car that she didn't make payments on that was repossessed. 176 00:07:48,667 --> 00:07:50,867 He's very smart for not letting-- 177 00:07:50,934 --> 00:07:54,100 She informed him that that was her intention with the vehicle. 178 00:07:54,166 --> 00:07:56,300 Who cares? Sit. 179 00:08:00,967 --> 00:08:04,166 You're telling me he gave you back the Focus-- 180 00:08:04,233 --> 00:08:05,500 Yes. Gave me back the Focus, yes. 181 00:08:05,567 --> 00:08:09,533 [Judy] Gave you back the Focus after your Jeep had been repossessed. 182 00:08:09,600 --> 00:08:10,467 Yes, ma'am. 183 00:08:10,533 --> 00:08:14,166 [laughing] That would make him the dumbest man in the world. 184 00:08:14,233 --> 00:08:15,333 [audience laughing] 185 00:08:18,233 --> 00:08:20,166 [theme music playing] 186 00:08:24,633 --> 00:08:29,767 [narrator] Reyna Carreno-Harvey claims her ex-boyfriend, Hector Diaz, 187 00:08:29,834 --> 00:08:32,200 is responsible for stealing her car. 188 00:08:32,266 --> 00:08:37,333 Hector is countersuing Reyna for locksmith costs and attorney fees. 189 00:08:37,800 --> 00:08:39,800 Just so that we're all clear-- 190 00:08:39,867 --> 00:08:42,500 You bought a car together, you broke up. 191 00:08:42,567 --> 00:08:46,967 You invested some money in the car, he invested some money in the car. 192 00:08:47,033 --> 00:08:50,734 When you broke up, he kept the car-- the Ford Focus-- 193 00:08:50,800 --> 00:08:56,800 and he gave you a car, which you subsequently sold for $3,000, 194 00:08:56,867 --> 00:08:59,734 bought yourself a new car with a loan, 195 00:08:59,800 --> 00:09:02,400 which you didn't pay, which got repossessed. 196 00:09:02,934 --> 00:09:06,500 And you're telling me he gave you the other car-- the Focus. 197 00:09:06,567 --> 00:09:09,166 Is that what you're telling me? He gave you the Focus? 198 00:09:09,233 --> 00:09:11,200 He gave me the Volkswagen, and he-- 199 00:09:11,266 --> 00:09:13,734 [Judy] No. Gave you back the Focus. 200 00:09:13,800 --> 00:09:14,834 Yes, gave me back the Focus. Yes. 201 00:09:14,900 --> 00:09:19,567 [Judy] Gave you back the Focus after your Jeep had been repossessed. 202 00:09:19,633 --> 00:09:21,967 -Yes, ma'am. -[laughing] 203 00:09:22,033 --> 00:09:24,066 That would make him the dumbest man in the world. 204 00:09:24,133 --> 00:09:25,000 Mm-hmm. 205 00:09:25,066 --> 00:09:26,433 [Judy] That would make him really stupid. 206 00:09:27,133 --> 00:09:28,567 Month and year? 207 00:09:28,633 --> 00:09:31,133 Did she give me the month and year? 2022? 208 00:09:31,467 --> 00:09:34,633 Was it 2022 or 2023? 209 00:09:34,700 --> 00:09:36,734 -It was 2022 when I got my Jeep. -[Whitney] Yeah. 210 00:09:36,800 --> 00:09:41,934 Oh, so it was 2023 when he came and took the Focus back. 211 00:09:42,000 --> 00:09:42,867 Yes. 212 00:09:42,934 --> 00:09:46,834 And how long had it been in your possession the second time, 213 00:09:46,900 --> 00:09:48,233 when he says he loaned it to you 214 00:09:48,300 --> 00:09:51,200 because you said you didn't have any transportation? 215 00:09:51,266 --> 00:09:53,333 How long had it been in your possession? 216 00:09:53,400 --> 00:09:56,133 -Since after my Jeep got repossessed. -[Judy] Just a second. 217 00:09:56,200 --> 00:09:58,533 Give me the month and year. 218 00:09:58,600 --> 00:10:01,000 July of 2022. 219 00:10:01,066 --> 00:10:05,300 So in July of 2022, he gave you the Focus? 220 00:10:05,367 --> 00:10:06,233 Yes, ma'am. 221 00:10:06,300 --> 00:10:07,633 [Judy] Is that correct, Mr. Diaz? 222 00:10:07,700 --> 00:10:09,133 -No. No, ma'am. -[Judy] Doesn't sound right to me. No. 223 00:10:09,200 --> 00:10:12,400 We discussed the use of the Ford Focus in December-- 224 00:10:12,467 --> 00:10:18,400 towards the middle of December 2022-- and she had it until October 17 of 2023, 225 00:10:18,467 --> 00:10:21,100 -which is whenever I went back and-- -[Judy] Just a second. 226 00:10:21,166 --> 00:10:25,934 Tell me what the discussion was in December of 2022. 227 00:10:26,000 --> 00:10:30,633 For her to use the vehicle so she had a means of transportation, 228 00:10:30,700 --> 00:10:33,900 and then in me doing that, I would go and purchase another vehicle 229 00:10:33,967 --> 00:10:36,166 so I would have a means of transportation. 230 00:10:36,233 --> 00:10:39,767 I mean, were you dating? Shh. Mr. Diaz, were you still dating at that time? 231 00:10:39,834 --> 00:10:40,700 No, ma'am. Not at that time. 232 00:10:40,767 --> 00:10:42,900 [Judy] How often did you see each other? 233 00:10:42,967 --> 00:10:47,667 We still had communication through text and everything since-- 234 00:10:47,734 --> 00:10:50,033 [Judy] Okay. I assume you still liked her? 235 00:10:50,100 --> 00:10:51,233 To some degree, yes. 236 00:10:51,300 --> 00:10:52,900 [Judy] Yeah. I assume so. 237 00:10:52,967 --> 00:10:56,633 Okay, so in December of 2022, 238 00:10:56,700 --> 00:10:59,467 you discussed her taking the car and using it until...? 239 00:10:59,533 --> 00:11:00,834 December 2022. 240 00:11:00,900 --> 00:11:01,900 -[Judy] Yes. -Yes, ma'am. 241 00:11:01,967 --> 00:11:03,433 How long was she gonna use it? 242 00:11:03,500 --> 00:11:08,166 Until she could save enough to purchase a vehicle or otherwise. 243 00:11:08,233 --> 00:11:10,266 [Judy] Okay. And she would make the payments on it. 244 00:11:10,333 --> 00:11:11,200 Yes, ma'am. 245 00:11:11,266 --> 00:11:14,000 [Judy] From January 2023. 246 00:11:14,066 --> 00:11:15,133 2023, yes, ma'am. 247 00:11:15,200 --> 00:11:17,700 [Judy] January 2023 until...? 248 00:11:17,767 --> 00:11:21,200 October 2023, yes, ma'am. 249 00:11:21,266 --> 00:11:24,033 But I was ahead on payments because I was paying more than the minimum. 250 00:11:24,100 --> 00:11:27,433 So she didn't have to make a payment until February of 2023, 251 00:11:27,500 --> 00:11:30,367 and she paid up till September of 2023. 252 00:11:30,433 --> 00:11:32,467 Okay. And what were the payments on the car? 253 00:11:32,533 --> 00:11:34,200 $238.10. 254 00:11:34,266 --> 00:11:35,700 So far, is that correct? 255 00:11:35,767 --> 00:11:36,834 No, ma'am. 256 00:11:37,667 --> 00:11:40,166 [Judy] You said, "No, ma'am." You want to listen very carefully. 257 00:11:40,233 --> 00:11:42,033 He's got very clear records. 258 00:11:42,100 --> 00:11:45,433 He said you didn't have to make your first payment until February 2023. 259 00:11:45,500 --> 00:11:47,600 I made a payment in January. 260 00:11:47,667 --> 00:11:48,533 [Judy] January what? 261 00:11:48,600 --> 00:11:49,467 Of 2023. 262 00:11:49,533 --> 00:11:50,867 [Judy] January what? 263 00:11:50,934 --> 00:11:52,633 [Reyna] When the bill was due. 264 00:11:52,700 --> 00:11:57,300 January 1st? January 31st? January 15th? You're gonna show me. 265 00:11:57,367 --> 00:11:59,533 The 22nd of the month is when the bill was due. 266 00:11:59,600 --> 00:12:03,900 [Judy] Okay. So he had made the payments up until the end of January. 267 00:12:03,967 --> 00:12:04,834 Yes. 268 00:12:04,900 --> 00:12:07,567 And you made the payments until when? 269 00:12:07,633 --> 00:12:11,000 From January until September. But I was going to pay October, 270 00:12:11,066 --> 00:12:13,300 but he took the car back before I could make the payment. 271 00:12:13,367 --> 00:12:16,400 [Judy] Okay. You didn't make the payment, and he took the car back. 272 00:12:16,467 --> 00:12:17,800 -No, ma'am. -[Judy] Just a second. 273 00:12:17,867 --> 00:12:20,300 What was the payout on the car? 274 00:12:20,367 --> 00:12:24,600 Because your answer says, Mr. Diaz, that you paid off the car. 275 00:12:24,667 --> 00:12:30,266 Yes, ma'am. The final payoff amount was $6,873.99. 276 00:12:30,333 --> 00:12:31,734 [Judy] When did you pay that, sir? 277 00:12:31,800 --> 00:12:34,066 October 11th of 2023. 278 00:12:34,133 --> 00:12:36,533 -Okay. So now you've paid off the car. -Yes, ma'am. 279 00:12:36,600 --> 00:12:39,333 [Judy] And tell me why you paid off the car, Mr. Diaz. 280 00:12:39,400 --> 00:12:42,867 Because we had, uh-- it was an ongoing thing where she was trying to 281 00:12:42,934 --> 00:12:49,100 refinance the car in her name and not really pay me for any 282 00:12:49,166 --> 00:12:53,000 advancements that I made on the payment, any progress that I made on the payment. 283 00:12:53,066 --> 00:12:55,066 So I didn't want to take my name off the title 284 00:12:55,133 --> 00:12:56,934 without, you know, being offered something back, 285 00:12:57,000 --> 00:12:58,633 because I was ahead on the loan up to that point. 286 00:12:58,700 --> 00:13:02,133 So around then in October we had a-- 287 00:13:02,200 --> 00:13:04,500 it was an argument that really wasn't relating to the vehicle, 288 00:13:04,567 --> 00:13:05,967 but the vehicle got dragged into it. 289 00:13:06,033 --> 00:13:09,300 Of course. So you had an argument. What was the argument about? 290 00:13:09,367 --> 00:13:15,200 It was about, kind of just in general, spending habits and, um-- 291 00:13:15,266 --> 00:13:17,633 No. You have to explain that to me. 292 00:13:17,700 --> 00:13:20,233 What do you have to do with spending habits of each other's? 293 00:13:20,300 --> 00:13:25,800 Well, I was also paying for the insurance from December 2022 forward. 294 00:13:25,867 --> 00:13:27,166 So I added her as a driver. 295 00:13:27,233 --> 00:13:30,000 Okay. So she paid the payment on the car... 296 00:13:30,066 --> 00:13:32,166 -[Hector] Yes, ma'am. -...which was $200-- 297 00:13:32,233 --> 00:13:35,500 200 and some odd dollars a month-- and you paid for the insurance. 298 00:13:35,567 --> 00:13:39,467 Yes, ma'am. She paid me, I think, a month or two of those. 299 00:13:39,533 --> 00:13:42,700 And then from there, she either wasn't able to make a payment 300 00:13:42,767 --> 00:13:43,867 or didn't make a payment for the insurance. 301 00:13:43,934 --> 00:13:50,000 So you had the use of the car from late January of 2023 302 00:13:50,066 --> 00:13:51,166 until September-- 303 00:13:51,233 --> 00:13:53,967 Until October 17th, the day that he took the car. 304 00:13:54,033 --> 00:13:58,967 Okay. And so you had the use of a car for a relatively inexpensive cost-- 305 00:13:59,033 --> 00:14:00,633 a couple of hundred dollars a month. 306 00:14:00,700 --> 00:14:03,233 You couldn't rent a car for a couple of hundred dollars a month. 307 00:14:03,300 --> 00:14:08,667 And it's clear that the person who spent-- if you had to take apart the loan-- 308 00:14:08,734 --> 00:14:11,533 the person who spent most money on this car is him. 309 00:14:11,600 --> 00:14:14,567 Right? But I don't even have to get there. 310 00:14:14,633 --> 00:14:16,133 I would like to hear your theory. 311 00:14:16,200 --> 00:14:19,433 Why in the world would he give you a $3,000-- 312 00:14:19,500 --> 00:14:25,233 at least a $3,000 gift after you broke up of a Volkswagen 313 00:14:25,300 --> 00:14:29,166 and he kept the car, if not as for a settlement 314 00:14:29,233 --> 00:14:33,867 of whatever you put in up until that time into the Ford Focus? 315 00:14:33,934 --> 00:14:34,800 Give me a reason. 316 00:14:34,867 --> 00:14:36,200 It wasn't for a settlement, ma'am. 317 00:14:36,266 --> 00:14:41,266 He did it out of the kindness of his heart as well as he still loved me. 318 00:14:41,333 --> 00:14:45,567 And he gave me the vehicle so I would have a way to go to work. 319 00:14:45,633 --> 00:14:48,100 Okay. So, Ms. Harvey, you have no case. 320 00:14:48,166 --> 00:14:50,900 Your case is dismissed. Now, he's got a counterclaim. 321 00:14:50,967 --> 00:14:52,800 He's got the car? You have the car. 322 00:14:52,867 --> 00:14:54,133 -Yes, ma'am. -[Judy] Good. 323 00:14:54,200 --> 00:14:55,700 Is it solely in your name? 324 00:14:55,767 --> 00:14:56,934 No, ma'am. The title-- 325 00:14:57,000 --> 00:15:00,367 When I paid it off, the title came in, so it still has both on the title. 326 00:15:00,433 --> 00:15:01,800 Can I see the title, please? 327 00:15:01,867 --> 00:15:02,734 Yes, ma'am. 328 00:15:11,500 --> 00:15:13,166 Your Honor, I also have lost wages 329 00:15:13,233 --> 00:15:15,066 from him taking the car from me since October. 330 00:15:15,133 --> 00:15:18,734 That's your problem. You're a grown woman. 331 00:15:21,166 --> 00:15:24,967 You bought a car that you couldn't pay for and that car got repossessed. 332 00:15:25,033 --> 00:15:27,600 And if what you're telling me is you knew that he still cared about you, 333 00:15:27,667 --> 00:15:29,967 so he said to you, "Well, I'm gonna give you the car, 334 00:15:30,033 --> 00:15:32,000 and I'm gonna pay the whole thing off." 335 00:15:32,066 --> 00:15:34,033 He paid the whole car off spitefully. 336 00:15:37,600 --> 00:15:39,133 [theme music playing] 337 00:15:43,767 --> 00:15:49,533 [narrator] Reyna Carreno-Harvey is accusing her ex-boyfriend, Hector Diaz, 338 00:15:49,600 --> 00:15:52,333 of trespassing and stealing her car. 339 00:15:52,400 --> 00:15:56,500 Hector is countersuing for locksmith costs and attorney fees. 340 00:15:56,567 --> 00:15:59,233 I mean, if you took advantage of him because he still loved you, 341 00:15:59,300 --> 00:16:03,734 that doesn't necessarily mean you're entitled to this car 342 00:16:03,800 --> 00:16:06,567 or you're entitled for lost wages because he took the car. 343 00:16:06,633 --> 00:16:09,400 From a layperson's perspective, Ms. Harvey, 344 00:16:09,467 --> 00:16:11,200 what you did was you had a boyfriend, 345 00:16:11,266 --> 00:16:12,900 you bought a car in both your names. 346 00:16:12,967 --> 00:16:15,533 It was clearly designated for you... 347 00:16:15,600 --> 00:16:16,900 -Yes, ma'am. -[Judy] ...as you were a couple. 348 00:16:16,967 --> 00:16:21,233 When you broke up, you couldn't make a decision, the two of you, 349 00:16:21,300 --> 00:16:23,967 as to how the car was going to get paid off 350 00:16:24,033 --> 00:16:26,000 so that it would be separate property. 351 00:16:26,066 --> 00:16:28,533 You agree that it should be separate property, right? 352 00:16:28,600 --> 00:16:30,133 -Yes. -[Judy] Okay. 353 00:16:30,200 --> 00:16:32,567 Figure out where she signs over this title. 354 00:16:33,033 --> 00:16:34,066 Your Honor? 355 00:16:34,133 --> 00:16:37,133 Put your hand down. I'm not listening to you... 356 00:16:37,200 --> 00:16:38,066 That's fine. 357 00:16:38,133 --> 00:16:41,000 ...unless you tell me what law school you graduated from. 358 00:16:41,066 --> 00:16:42,500 -Harvard. -[Judy] Really? 359 00:16:42,567 --> 00:16:43,667 [laughing] Stop. 360 00:16:43,734 --> 00:16:46,233 Really? Was that just a wise-ass remark? 361 00:16:46,300 --> 00:16:47,266 No. 362 00:16:47,333 --> 00:16:49,633 [Judy] Really? When did you graduate from Harvard? 363 00:16:49,700 --> 00:16:51,867 Was your comment about law school a wise remark? 364 00:16:51,934 --> 00:16:53,533 -Yes. -[Michelle] Oh. Okay. 365 00:16:53,600 --> 00:16:55,033 Yeah. Now you can leave. 366 00:16:55,100 --> 00:16:56,200 -Thank you. -[Judy] Put her out. 367 00:17:03,033 --> 00:17:07,433 There is no question in my mind that in an attempt to resolve 368 00:17:07,500 --> 00:17:09,700 the issue of the car when you broke up, 369 00:17:09,767 --> 00:17:12,400 he kept the car, he made the payments, 370 00:17:12,467 --> 00:17:17,033 he gave you a car that was a perfectly reasonable, running car 371 00:17:17,100 --> 00:17:20,700 that you elected to sell to buy yourself a nicer car. 372 00:17:20,767 --> 00:17:22,867 Irresponsible? Absolutely. 373 00:17:22,934 --> 00:17:25,400 Because you bought a car that you couldn't pay for, 374 00:17:25,467 --> 00:17:27,200 and that car got repossessed. 375 00:17:27,266 --> 00:17:30,333 And if what you're telling me is you knew that he still cared about you, 376 00:17:30,400 --> 00:17:33,133 so he said to you, "Well, I'm gonna give you the car, 377 00:17:33,200 --> 00:17:35,400 and I'm gonna pay the whole thing off." 378 00:17:35,934 --> 00:17:38,033 He paid the whole car off spitefully. 379 00:17:38,100 --> 00:17:40,734 No one asked him to pay for the car. 380 00:17:40,800 --> 00:17:42,033 -No, ma'am. -[Judy] Just a second. 381 00:17:42,100 --> 00:17:43,533 Madam, you are overreaching. 382 00:17:43,600 --> 00:17:46,467 Unless there's something about this whole relationship 383 00:17:46,533 --> 00:17:49,500 that I-- I think it's on the bottom that she signs it. 384 00:17:49,934 --> 00:17:52,100 That's for a lien holder, so I'm not sure. 385 00:17:52,166 --> 00:17:54,533 I believe she would sign the back as "seller." 386 00:17:54,600 --> 00:17:56,567 [Judy] Just a second. You know where? 387 00:17:56,633 --> 00:17:58,533 Yes, ma'am. And then also I have the form 388 00:17:58,600 --> 00:18:01,066 so that I can apply in Texas for-- 389 00:18:01,133 --> 00:18:04,633 Yeah. She's gotta sign both. Where do you come from, by the way? 390 00:18:05,400 --> 00:18:08,567 I'm from San Diego, California, and we both live in Texas now. 391 00:18:08,633 --> 00:18:09,633 [Judy] You both live in Texas? 392 00:18:09,700 --> 00:18:11,066 -Yes, ma'am. -[Judy] Okay. 393 00:18:11,133 --> 00:18:13,166 -There is-- he might want to show her-- -What? 394 00:18:13,233 --> 00:18:15,033 -He might want to show her where to sign. -Just a second. 395 00:18:15,100 --> 00:18:21,100 Kevin, he's gonna make an X where she has to sign on both forms. 396 00:18:21,166 --> 00:18:22,200 Do you have a pen for me? 397 00:18:22,266 --> 00:18:23,133 Yes. 398 00:18:23,200 --> 00:18:24,066 Thank you, sir. 399 00:18:24,867 --> 00:18:26,900 I haven't signed many titles in my time. 400 00:18:32,266 --> 00:18:34,633 Ms. Harvey, sign it. Both documents. 401 00:18:46,400 --> 00:18:48,567 Return the documents to the defendant, Kevin. 402 00:18:49,300 --> 00:18:50,433 -Thank you, sir. -Mm-hmm. 403 00:18:53,233 --> 00:18:55,133 Now you paid off the car and now you own it. 404 00:18:55,200 --> 00:18:56,867 -Yes, ma'am. -[Judy] You have a counterclaim. 405 00:18:56,934 --> 00:18:59,567 The counterclaim is the cost of reclaiming the car 406 00:18:59,633 --> 00:19:01,834 and the locksmith cost to change the key. 407 00:19:01,900 --> 00:19:03,600 -[Hector] Yes, ma'am. -You got the car back, sir. 408 00:19:03,667 --> 00:19:06,467 That was your primary concern. The car is now yours. 409 00:19:06,533 --> 00:19:07,433 Yes, ma'am. Thank you. 410 00:19:07,500 --> 00:19:11,600 [Judy] The plaintiff paid for, in effect, her monthly use of the car. 411 00:19:11,667 --> 00:19:16,033 She got her equity in the car with the 2014 Volkswagen, 412 00:19:16,100 --> 00:19:17,800 which she elected to sell. 413 00:19:17,867 --> 00:19:19,066 -Right. -[Judy] Fair. 414 00:19:19,133 --> 00:19:22,166 So I don't think it's quite reasonable for her to have to pay 415 00:19:22,233 --> 00:19:25,100 your fees to repossess the car. 416 00:19:25,166 --> 00:19:26,033 I understand. 417 00:19:26,100 --> 00:19:29,066 [Judy] Or even the attorney that you discussed the situation with. 418 00:19:29,133 --> 00:19:31,266 -Yes, ma'am. -So your counterclaim is dismissed. 419 00:19:31,333 --> 00:19:32,233 We're finished here. 420 00:19:32,300 --> 00:19:34,200 -Thank you. -[Kevin] This court is adjourned. 421 00:19:36,300 --> 00:19:37,367 This way, please. 422 00:19:39,333 --> 00:19:44,633 I think what I presented to the judge was true and accurate. 423 00:19:44,700 --> 00:19:46,000 I'm real happy with the decision. 424 00:19:46,066 --> 00:19:48,033 I think her lawsuit was frivolous to begin with, 425 00:19:48,100 --> 00:19:49,633 and overall justice was served. 426 00:19:49,700 --> 00:19:53,300 Hector gave me the vehicle as a gift. 427 00:19:53,367 --> 00:19:55,533 I did make payments on the vehicle 428 00:19:55,600 --> 00:19:57,967 as well as have lost wages because of this. 429 00:19:58,033 --> 00:20:00,033 She was trying to title-jump, essentially. 430 00:20:00,100 --> 00:20:02,433 You know, not register the car in her name or not having to pay. 431 00:20:02,500 --> 00:20:04,767 So she tried to claim it as a gift, 432 00:20:04,834 --> 00:20:06,934 but in the state of Texas, that doesn't go that way. 433 00:20:07,000 --> 00:20:12,700 That he has my back, that he was going to be my protector, 434 00:20:12,767 --> 00:20:18,567 and my solid ground to getting everything going. 435 00:20:18,633 --> 00:20:21,300 Ultimately, yes, I do think she was trying to benefit from the situation. 436 00:20:21,367 --> 00:20:23,934 We have completely different personalities, yeah. 437 00:20:24,000 --> 00:20:28,367 So I'm a little bit more adventurous. He's very much a stay-in-the-house. 438 00:20:28,433 --> 00:20:30,834 And, uh, I mean... 439 00:20:30,900 --> 00:20:32,400 You know, you can't choose who you love. 440 00:20:32,467 --> 00:20:34,300 I'm happy to get the car back. 441 00:20:35,967 --> 00:20:40,266 I think this was a really good lesson to young people, old people, anybody 442 00:20:40,333 --> 00:20:43,567 that free and clear is always better than debt. 443 00:20:43,633 --> 00:20:45,400 -Than encumbered. -Yeah, than encumbered. 444 00:20:45,467 --> 00:20:49,600 And I think that she had the Volkswagen that he gave her free and clear-- 445 00:20:49,667 --> 00:20:53,700 no liens, no debt, no payments to be made, no loans. 446 00:20:53,767 --> 00:20:58,500 And if I were her, I would have saved as much money as I could during that time. 447 00:20:58,567 --> 00:21:01,900 There was no claim that the car was defective or not running properly 448 00:21:01,967 --> 00:21:03,867 or a hazard in any way. 449 00:21:03,934 --> 00:21:07,567 I would've driven that car for as long-- until the wheels fell off-- 450 00:21:07,633 --> 00:21:09,467 to save money if I wanted a different car. 451 00:21:09,533 --> 00:21:12,533 I wouldn't go two weeks later, trade it in for a low value 452 00:21:12,600 --> 00:21:16,100 to get a car that I thought was flashier or nicer or whatever, 453 00:21:16,166 --> 00:21:18,600 for, you know, to encumber yourself with more debt. 454 00:21:18,667 --> 00:21:20,900 -And then-- -And then default on that loan, 455 00:21:20,967 --> 00:21:22,400 and now you have no car. 456 00:21:22,467 --> 00:21:25,000 So I think, you know, hindsight is 20/20 for her, 457 00:21:25,066 --> 00:21:27,967 but she should've just stuck with that car that was free and clear. 458 00:21:28,033 --> 00:21:30,967 And I don't know why she would've encumbered herself with more debt 459 00:21:31,033 --> 00:21:34,100 when she had this opportunity to save as much money as she could 460 00:21:34,166 --> 00:21:36,000 and potentially buy a car without a loan. 461 00:21:36,066 --> 00:21:39,700 Yeah, well, you're absolutely-- you're right. 462 00:21:40,367 --> 00:21:43,567 But I think she felt as if she had a sucker. 463 00:21:43,633 --> 00:21:44,500 Sure. 464 00:21:44,567 --> 00:21:46,767 It's a good lesson, though. It'll bite you in the butt once, 465 00:21:46,834 --> 00:21:48,400 -and you won't do it again. -That's right. 466 00:21:50,567 --> 00:21:51,633 [narrator] Want justice? 467 00:21:51,700 --> 00:21:54,200 Go to JudyJustice.tv. 468 00:21:58,967 --> 00:22:00,900 [theme music playing]