When you broke up, you took the car.
He was doing me a favor and gifted me the vehicle.
The discussion was for her to use the vehicle.
Then he took the car back.
Yes, ma'am.
Put your hand down. I'm not listening to you
unless you tell me what law school you graduated from.
Harvard.
Was that just a wise-ass remark? Now you can leave.
[narrator] This is Judy Justice.
[theme music playing]
[narrator] Reyna Carreno-Harvey is suing her ex-boyfriend, Hector Diaz,
for trespassing and a stolen car.
[Kevin] Court come to order. All rise.
[Judy] Have a seat, please.
Case 3133, Carreno-Harvey versus Diaz.
-Thank you. -You're welcome.
[Judy] Ms. Harvey, how long and during what period of time
did you and Mr. Diaz date, live together?
We were together one and off since January of 2018.
[Judy] There came a time, according to your complaint,
when you were living together when you needed a car.
Yes, ma'am.
And that was in 2020.
Yes, ma'am.
[Judy] And at that point, you had been living together about a year and a half.
[Reyna] Yes, ma'am.
[Judy] You did what you're not supposed to do, which is just living together.
You bought a car together,
titled in both your names and the loan was in both your names.
Yes, ma'am.
What kind of car did you buy?
A 2016 Ford Focus SE.
How much was it?
After taxes and title, about 14,000.
[Judy] And how much was the loan?
[Reyna] 16,000.
Why?
The tags and total after taxes--
[Judy] Okay. So it was a $16,000 loan...
Yes, ma'am.
[Judy] ...that you both took out.
Yes, ma'am.
How did you handle the payments on the car?
I had the responsibility of the monthly payments.
[Judy] Is that correct, Mr. Diaz?
Yes, ma'am, but the total of the loan was 14,000.
The price of the car was 12,000. After everything, it was 14,000.
-May I see, please? Thank you. -[Hector] Yes, ma'am.
How much was put down on the car?
-[Reyna] 1,000. -[Judy] Who put it down?
[Reyna] Both of us.
And you made the car payments for how many months?
I would say the first six or seven months' duration of the loan.
Well, that's not the duration of the loan. You paid for six or seven months.
Yes, ma'am.
[Judy] Okay. Six or seven months.
So you had a certain amount of equity in the car,
but the car still had more than half of the loan still outstanding.
So far, are we correct?
Yes, ma'am.
Now, it is your claim that when you broke up,
-you took the car. -Yes, ma'am.
And it is your claim that the defendant came onto your property uninvited in 2023
-and took the car back. -Yes, ma'am.
Mr. Diaz does not-- stop playing with your papers.
Okay. I'm not.
[Judy] Mr. Diaz does not deny that he came onto your property,
took the car, had to have it re-keyed.
And he took the car on what date?
October 17th, 2023.
However, Mr. Diaz says that when you broke up in 2021,
you couldn't come to an agreement on the car
because he's smart enough to know-- I assume you are too--
that if you broke up, the one who had possession of the car
should be the only one on the title and the only one on the loan.
-We all understand that. -Yes.
Because we don't want a couple that's no longer a couple--
somebody driving around with somebody else
responsible for the payment, responsible for insurance.
Okay, and Mr. Diaz says that you could not come to an agreement
of how you were going to renegotiate the loan.
You say he wouldn't help you renegotiate the loan.
He refused me to renegotiate the loan.
You mean, to give you money?
No. What he refused is I wanted to refinance the vehicle
solely to myself, and he denied me that.
-[Judy] He said no. -Yes.
Okay. Did he give you a 2014 Volkswagen?
Yes. It was gifted to me.
[Judy] Okay. And that was in 2021.
Yes, ma'am.
So in 2021-- because this is what Mr. Diaz says--
he felt as if,
based upon the fact that you had a certain amount of equity--
you had put in $500 towards the car and made six or seven payments
on the car before you broke up-- that you had a certain amount of equity.
He had a 2014 Volkswagen that had no debt.
-Is that correct? -Yes, ma'am.
[Judy] And he gave that car to you.
-That is correct? -Yes, ma'am.
[Judy] Did he give you the title to that car?
Yes, ma'am.
-And he took back the Ford Focus. -Yes, ma'am.
So he said, "Here's a car for you. It's free and clear.
It's for the equity that you put in the car." And you accepted it?
No, ma'am.
[Judy] Well, what did he give you the Volkswagen for?
So I could have transportation.
He was doing me a favor and gifted me the vehicle.
[Judy] And he took over the payments on the Focus.
Yes, ma'am.
[chuckles] Don't you understand where it's going?
Yes.
[Judy] He took over the payments on the Focus.
He said, "I'm more comfortable making the payments on the Focus,
but I'll give you a car, free and clear, so you have transportation."
And he took back the Focus. Right? Yes.
And he gave you the title for it.
So you accepted this car that had some value.
And you took it and you traded it in. Is that correct?
Yes, I sold it.
[Judy] Sold it for how much?
[Reyna] 3,000.
And you took some of that money
and you put it as a down payment for a Jeep.
Yes, ma'am.
[Judy] And that was in 2022?
Yes.
What year Jeep did you buy?
A 2016 Jeep Grand Cherokee.
[Judy] And how much was it?
[Reyna] 11,000.
[Judy] How much did you put down?
1,500.
And so you kept the other 1,500.
You sold it for 3,000.
You sold the car he had given you for $3,000,
took $1,500 of that-- put it down.
Don't say anything.
Put it-- just want to know if I'm following this-- put it down
on a nicer car, a Jeep, with a loan.
And then you didn't pay that loan, and that car got repossessed.
Yes, ma'am.
And then, Ms. Harvey, you evidently were still in contact with the defendant
and let him know that you didn't have a car.
Yes, ma'am.
[Judy] So he let you borrow the Focus.
No, ma'am, I took possession of the vehicle
and continued payments on it.
How did you take possession of it?
-[Reyna] We-- -Wait. Just a second.
Let's start with-- when did you take possession of it?
Month and year. That's after he already gave you $3,000--
at least $3,000 worth of merchandise-- for your interest in the car.
So tell me when you took the car back.
I would say in early...
[Judy] Well, when did you go? You went to his house?
How did you get the car back?
I met with him at his home, and we went to another dealership
to give me the Ford. And he purchased a Mitsubishi.
And I took possession of the Ford
after we left the dealership with the Mitsubishi.
Well, that sounds like you're pretty chummy if he gave you back the--
What do you want?
Hi. I just wanted to say that I was present
for the interaction when he gifted her the Beetle.
And during that interaction, what it was
was that her mother passed away.
She expressed that she could no longer make the payments.
He said, "I'll take the car back and continue payments,
and I won't leave you without transportation."
So she could continue to get to work and he gave her the Beetle.
Who cares? He gave her an expensive car, which she subsequently sold,
bought a car that she didn't make payments on that was repossessed.
He's very smart for not letting--
She informed him that that was her intention with the vehicle.
Who cares? Sit.
You're telling me he gave you back the Focus--
Yes. Gave me back the Focus, yes.
[Judy] Gave you back the Focus after your Jeep had been repossessed.
Yes, ma'am.
[laughing] That would make him the dumbest man in the world.
[audience laughing]
[theme music playing]
[narrator] Reyna Carreno-Harvey claims her ex-boyfriend, Hector Diaz,
is responsible for stealing her car.
Hector is countersuing Reyna for locksmith costs and attorney fees.
Just so that we're all clear--
You bought a car together, you broke up.
You invested some money in the car, he invested some money in the car.
When you broke up, he kept the car-- the Ford Focus--
and he gave you a car, which you subsequently sold for $3,000,
bought yourself a new car with a loan,
which you didn't pay, which got repossessed.
And you're telling me he gave you the other car-- the Focus.
Is that what you're telling me? He gave you the Focus?
He gave me the Volkswagen, and he--
[Judy] No. Gave you back the Focus.
Yes, gave me back the Focus. Yes.
[Judy] Gave you back the Focus after your Jeep had been repossessed.
-Yes, ma'am. -[laughing]
That would make him the dumbest man in the world.
Mm-hmm.
[Judy] That would make him really stupid.
Month and year?
Did she give me the month and year? 2022?
Was it 2022 or 2023?
-It was 2022 when I got my Jeep. -[Whitney] Yeah.
Oh, so it was 2023 when he came and took the Focus back.
Yes.
And how long had it been in your possession the second time,
when he says he loaned it to you
because you said you didn't have any transportation?
How long had it been in your possession?
-Since after my Jeep got repossessed. -[Judy] Just a second.
Give me the month and year.
July of 2022.
So in July of 2022, he gave you the Focus?
Yes, ma'am.
[Judy] Is that correct, Mr. Diaz?
-No. No, ma'am. -[Judy] Doesn't sound right to me. No.
We discussed the use of the Ford Focus in December--
towards the middle of December 2022-- and she had it until October 17 of 2023,
-which is whenever I went back and-- -[Judy] Just a second.
Tell me what the discussion was in December of 2022.
For her to use the vehicle so she had a means of transportation,
and then in me doing that, I would go and purchase another vehicle
so I would have a means of transportation.
I mean, were you dating? Shh. Mr. Diaz, were you still dating at that time?
No, ma'am. Not at that time.
[Judy] How often did you see each other?
We still had communication through text and everything since--
[Judy] Okay. I assume you still liked her?
To some degree, yes.
[Judy] Yeah. I assume so.
Okay, so in December of 2022,
you discussed her taking the car and using it until...?
December 2022.
-[Judy] Yes. -Yes, ma'am.
How long was she gonna use it?
Until she could save enough to purchase a vehicle or otherwise.
[Judy] Okay. And she would make the payments on it.
Yes, ma'am.
[Judy] From January 2023.
2023, yes, ma'am.
[Judy] January 2023 until...?
October 2023, yes, ma'am.
But I was ahead on payments because I was paying more than the minimum.
So she didn't have to make a payment until February of 2023,
and she paid up till September of 2023.
Okay. And what were the payments on the car?
$238.10.
So far, is that correct?
No, ma'am.
[Judy] You said, "No, ma'am." You want to listen very carefully.
He's got very clear records.
He said you didn't have to make your first payment until February 2023.
I made a payment in January.
[Judy] January what?
Of 2023.
[Judy] January what?
[Reyna] When the bill was due.
January 1st? January 31st? January 15th? You're gonna show me.
The 22nd of the month is when the bill was due.
[Judy] Okay. So he had made the payments up until the end of January.
Yes.
And you made the payments until when?
From January until September. But I was going to pay October,
but he took the car back before I could make the payment.
[Judy] Okay. You didn't make the payment, and he took the car back.
-No, ma'am. -[Judy] Just a second.
What was the payout on the car?
Because your answer says, Mr. Diaz, that you paid off the car.
Yes, ma'am. The final payoff amount was $6,873.99.
[Judy] When did you pay that, sir?
October 11th of 2023.
-Okay. So now you've paid off the car. -Yes, ma'am.
[Judy] And tell me why you paid off the car, Mr. Diaz.
Because we had, uh-- it was an ongoing thing where she was trying to
refinance the car in her name and not really pay me for any
advancements that I made on the payment, any progress that I made on the payment.
So I didn't want to take my name off the title
without, you know, being offered something back,
because I was ahead on the loan up to that point.
So around then in October we had a--
it was an argument that really wasn't relating to the vehicle,
but the vehicle got dragged into it.
Of course. So you had an argument. What was the argument about?
It was about, kind of just in general, spending habits and, um--
No. You have to explain that to me.
What do you have to do with spending habits of each other's?
Well, I was also paying for the insurance from December 2022 forward.
So I added her as a driver.
Okay. So she paid the payment on the car...
-[Hector] Yes, ma'am. -...which was $200--
200 and some odd dollars a month-- and you paid for the insurance.
Yes, ma'am. She paid me, I think, a month or two of those.
And then from there, she either wasn't able to make a payment
or didn't make a payment for the insurance.
So you had the use of the car from late January of 2023
until September--
Until October 17th, the day that he took the car.
Okay. And so you had the use of a car for a relatively inexpensive cost--
a couple of hundred dollars a month.
You couldn't rent a car for a couple of hundred dollars a month.
And it's clear that the person who spent-- if you had to take apart the loan--
the person who spent most money on this car is him.
Right? But I don't even have to get there.
I would like to hear your theory.
Why in the world would he give you a $3,000--
at least a $3,000 gift after you broke up of a Volkswagen
and he kept the car, if not as for a settlement
of whatever you put in up until that time into the Ford Focus?
Give me a reason.
It wasn't for a settlement, ma'am.
He did it out of the kindness of his heart as well as he still loved me.
And he gave me the vehicle so I would have a way to go to work.
Okay. So, Ms. Harvey, you have no case.
Your case is dismissed. Now, he's got a counterclaim.
He's got the car? You have the car.
-Yes, ma'am. -[Judy] Good.
Is it solely in your name?
No, ma'am. The title--
When I paid it off, the title came in, so it still has both on the title.
Can I see the title, please?
Yes, ma'am.
Your Honor, I also have lost wages
from him taking the car from me since October.
That's your problem. You're a grown woman.
You bought a car that you couldn't pay for and that car got repossessed.
And if what you're telling me is you knew that he still cared about you,
so he said to you, "Well, I'm gonna give you the car,
and I'm gonna pay the whole thing off."
He paid the whole car off spitefully.
[theme music playing]
[narrator] Reyna Carreno-Harvey is accusing her ex-boyfriend, Hector Diaz,
of trespassing and stealing her car.
Hector is countersuing for locksmith costs and attorney fees.
I mean, if you took advantage of him because he still loved you,
that doesn't necessarily mean you're entitled to this car
or you're entitled for lost wages because he took the car.
From a layperson's perspective, Ms. Harvey,
what you did was you had a boyfriend,
you bought a car in both your names.
It was clearly designated for you...
-Yes, ma'am. -[Judy] ...as you were a couple.
When you broke up, you couldn't make a decision, the two of you,
as to how the car was going to get paid off
so that it would be separate property.
You agree that it should be separate property, right?
-Yes. -[Judy] Okay.
Figure out where she signs over this title.
Your Honor?
Put your hand down. I'm not listening to you...
That's fine.
...unless you tell me what law school you graduated from.
-Harvard. -[Judy] Really?
[laughing] Stop.
Really? Was that just a wise-ass remark?
No.
[Judy] Really? When did you graduate from Harvard?
Was your comment about law school a wise remark?
-Yes. -[Michelle] Oh. Okay.
Yeah. Now you can leave.
-Thank you. -[Judy] Put her out.
There is no question in my mind that in an attempt to resolve
the issue of the car when you broke up,
he kept the car, he made the payments,
he gave you a car that was a perfectly reasonable, running car
that you elected to sell to buy yourself a nicer car.
Irresponsible? Absolutely.
Because you bought a car that you couldn't pay for,
and that car got repossessed.
And if what you're telling me is you knew that he still cared about you,
so he said to you, "Well, I'm gonna give you the car,
and I'm gonna pay the whole thing off."
He paid the whole car off spitefully.
No one asked him to pay for the car.
-No, ma'am. -[Judy] Just a second.
Madam, you are overreaching.
Unless there's something about this whole relationship
that I-- I think it's on the bottom that she signs it.
That's for a lien holder, so I'm not sure.
I believe she would sign the back as "seller."
[Judy] Just a second. You know where?
Yes, ma'am. And then also I have the form
so that I can apply in Texas for--
Yeah. She's gotta sign both. Where do you come from, by the way?
I'm from San Diego, California, and we both live in Texas now.
[Judy] You both live in Texas?
-Yes, ma'am. -[Judy] Okay.
-There is-- he might want to show her-- -What?
-He might want to show her where to sign. -Just a second.
Kevin, he's gonna make an X where she has to sign on both forms.
Do you have a pen for me?
Yes.
Thank you, sir.
I haven't signed many titles in my time.
Ms. Harvey, sign it. Both documents.
Return the documents to the defendant, Kevin.
-Thank you, sir. -Mm-hmm.
Now you paid off the car and now you own it.
-Yes, ma'am. -[Judy] You have a counterclaim.
The counterclaim is the cost of reclaiming the car
and the locksmith cost to change the key.
-[Hector] Yes, ma'am. -You got the car back, sir.
That was your primary concern. The car is now yours.
Yes, ma'am. Thank you.
[Judy] The plaintiff paid for, in effect, her monthly use of the car.
She got her equity in the car with the 2014 Volkswagen,
which she elected to sell.
-Right. -[Judy] Fair.
So I don't think it's quite reasonable for her to have to pay
your fees to repossess the car.
I understand.
[Judy] Or even the attorney that you discussed the situation with.
-Yes, ma'am. -So your counterclaim is dismissed.
We're finished here.
-Thank you. -[Kevin] This court is adjourned.
This way, please.
I think what I presented to the judge was true and accurate.
I'm real happy with the decision.
I think her lawsuit was frivolous to begin with,
and overall justice was served.
Hector gave me the vehicle as a gift.
I did make payments on the vehicle
as well as have lost wages because of this.
She was trying to title-jump, essentially.
You know, not register the car in her name or not having to pay.
So she tried to claim it as a gift,
but in the state of Texas, that doesn't go that way.
That he has my back, that he was going to be my protector,
and my solid ground to getting everything going.
Ultimately, yes, I do think she was trying to benefit from the situation.
We have completely different personalities, yeah.
So I'm a little bit more adventurous. He's very much a stay-in-the-house.
And, uh, I mean...
You know, you can't choose who you love.
I'm happy to get the car back.
I think this was a really good lesson to young people, old people, anybody
that free and clear is always better than debt.
-Than encumbered. -Yeah, than encumbered.
And I think that she had the Volkswagen that he gave her free and clear--
no liens, no debt, no payments to be made, no loans.
And if I were her, I would have saved as much money as I could during that time.
There was no claim that the car was defective or not running properly
or a hazard in any way.
I would've driven that car for as long-- until the wheels fell off--
to save money if I wanted a different car.
I wouldn't go two weeks later, trade it in for a low value
to get a car that I thought was flashier or nicer or whatever,
for, you know, to encumber yourself with more debt.
-And then-- -And then default on that loan,
and now you have no car.
So I think, you know, hindsight is 20/20 for her,
but she should've just stuck with that car that was free and clear.
And I don't know why she would've encumbered herself with more debt
when she had this opportunity to save as much money as she could
and potentially buy a car without a loan.
Yeah, well, you're absolutely-- you're right.
But I think she felt as if she had a sucker.
Sure.
It's a good lesson, though. It'll bite you in the butt once,
-and you won't do it again. -That's right.
[narrator] Want justice?
Go to JudyJustice.tv.
[theme music playing]