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He's got the car.

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He wouldn't allow me to just,
uh, to get my car back

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What, 112 days?

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[Kelly] Sitting outside my shop,
right outside my building.

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She said, "fix my brakes."
I did what she asked.

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She didn't pay you and as a consequence
you said, "it's now my car."

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[Narrator] Today on Tribunal Justice...

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[opening theme music]

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[opening theme music fades]

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...This case was filed
in Fort Wayne, Indiana.

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[Byrd] Your honor, this is case #1018
on the calendar in the matter

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of Parker versus Kelly.

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Parties have been sworn in.
You may be seated.

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[DiMango] Thank you, Officer Byrd.

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All right. Ms. Parker, you found out about
the defendant through a friend.

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You brought you 2012 Ford Focus

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to the defendant, a mechanic, to repair.

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When you first went in
you needed a battery

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and he had to fix some codes
that were coming up.

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Apparently, he charged you $150,
he changed the battery

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and when you went to get the car
you said, you know what,

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I think I want you to do
some other work on the vehicle.

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And he did that as well for you.

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He changed the oil
and he fixed your brakes.

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And then he came
and he charged you an additional $750.

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And you said to him, "You can't do that.
You had to discuss this with me.

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You should've told me this is what
you were gonna charge me."

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He apologized. Said you were correct.

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Because he really should've had
this conversation with you.

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But then, everything went back to
the way it was when you first brought it.

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All the codes came up, the lights were on.

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And you had a problem with
your transmission now, according to him.

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Apparently at that time, you said that,
you were not going to do that

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because he really didn't
fix the car in the first place.

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-You left the car at his shop...
-Mm-hm.

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you're refusing to pay.

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and you're suing here for everything,

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obviously, that you were
paying him in the first place.

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Sir, what you're saying is that,

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she left the car there,
she should've picked it up.

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You have a sign that says that,
"Cars left after 30 days,

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there is a storage fee."

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And now you're counterclaiming her
and you're saying that,

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she owes you $3,345

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for unpaid mechanic work
and for the storage fees

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that you say were not paid.
The car is still with you.

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-Is that correct, sir?
-Correct.

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All right. So, let me start with you.

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Did he have a good reputation when
you first brought the vehicle to him?

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When I first went to him to get
a car worked on, it was my mom's car.

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And I spoke with him, but somebody else

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actually fixed my mom's window.
Like, the motor had went out.

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-[DiMango] But you wanted to go back to...
-[Parker] Because they got the job done.

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[DiMango] Okay.
So, you had this Ford Focus

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that you bought, what,
a year before that, right?

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-Yes.
-You had it about a year.

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And when the lights went on
saying that there were problems

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with different things, is that it?

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It had glitched and it wouldn't register
what gear it was in.

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Okay. So now you have this issue,
you bring it to him.

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Now sir, what you say is,
she needs a new battery.

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And then when you go
to get the car a few days later

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you say that,
the brakes weren't working right.

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So apparently, you were driving the car.

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You can look at our text messages.

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He text me and told me that the car
was ready for me to pick it up,

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-and he told me that I only owed him $50.
-Okay.

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And I decided to test drive the car.

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When I drove it around the corner
or whatever, none of the lights...

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none of them came on.
I took the car right back up there

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because the--like,
the brakes was going down

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and I know I hadn't got
an oil change in a while.

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So I asked him to change the brakes
and change the oil.

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-So, what about the lights?
-They wasn't on at that time.

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-[DiMango] Okay. So pause.
-Okay.

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She comes, she gets the car.

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Apparently, you did
what you claimed you did.

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And then she has an issue with the brakes
and the oil change,

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and she's lets you do this.
Apparently, she's satisfied

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-with what you've done so far.
-Yes.

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[DiMango] Do you give her
a price at that point?

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That's where I made my mistake

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and I'll be honest about it,
I told her in a text

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that she needed some rear calipers
and some other miscellaneous things.

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I thought to remedy that situation,

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I would remove the labor charges

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-and just charge her for the parts.
-[DiMango] So you basically

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corrected your mistake
in not informing her

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-of what it was going to be.
-[Kelly] Correct. Correct.

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And you went along with the fact
that he was going to change the calipers,

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-is that how you say it?
-Correct.

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-And this was for all four tires?
-[Kelly] Three calipers,

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two rotors in the rear,
front rotor was turned.

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And then the pads were changed
all the way around.

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You could've said that in French to me.
I don't know what you're talking about.

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But the bottom line is,
I know that there was work you did,

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-apparently.
-Correct.

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Okay. So now, you say,

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okay, I will pay you the reduced price
that you're giving me, correct?

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It was never a reduced price discussed.
He told me it was $750.

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When I asked him why didn't he tell me
that it was gonna be $750--

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'cause he just told me that it needed--
It had to be done.

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You said, he never
reduces that price from $750.

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-No.
-[DiMango] Did you say you reduced

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-the price from $750?
-[Kelly] Yes, I did.

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What did you bring it down to?

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-$545, I believe that's about what it was.
-[DiMango] Okay. So, $545.

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You're saying, that's not true.
But that's what he would charge you now.

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So that's what
he's stuck with at this point.

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Now you tell me that there's a problem
with the transmission.

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-Why are you blaming him for that?
-[Parker] It's the--When he

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fixed the car the first time,
he just hooked it up to the machine.

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And if you go
and look at the text messages,

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in the beginning he said something about
all the codes that's on the car.

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Right, he said something about the codes.

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So then, when I go up there
to pick up the car

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of course, I talked to him
about it being $750.

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But I needed my car,
so I was gonna pay him.

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He got to start up the car
and then, the battery is dead.

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-You just put a new battery on. And...
-[DiMango] Why was the battery dead?

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No, she had other codes on the car

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and I reset the transmission,
and it'd been sitting there.

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She hadn't come to pick it up.

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But why was the battery not working?
I mean, you put a new battery in.

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She drove it.

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-Around the block.
-[Kelly] I mean, I didn't get paid.

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[DiMango] Did you ever take the car
from his shop and get it home?

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-No. No.
-You never took the car out of his shop?

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-It was always there being fixed?
-[Parker] Just waiting for--Yup.

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-And I was just trying to be patient.
-He's got the car.

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You're blaming him that you lost your job

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because you didn't have your car.
I mean, that's ridiculous.

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Because I couldn't get
from point A to point B.

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My mom was helping me out with a ride.

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[DiMango] What about
public transportation?

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What about car services?

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And with regard to where the car is,
and how it's sitting and taking up space

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for I think, what, 112 days?
We have a video, I'm told.

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This is evidence as I understand it,
Mr. Kelly, that you've provided

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for us to see the vehicle sitting there.
Because as I understand it,

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for $545, you're letting
this car sit in his shop.

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[Parker] No, ma'am. We never
discussed him taking anything off.

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Let's see the video.

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[Kelly] All right.
Here's a picture of the Ford Focus.

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The 2012, sitting outside my shop.

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Right outside my building...

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where the mechanic work goes on.

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Back of the Ford Focus.

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Why didn't he start it up
to show you that it was fixed?

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'Cause it's not fixed.

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He showed that it was there.

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[Narrator]
Coming up on Tribunal Justice...

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My question to you is,
if you were trying to be a good guy,

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and if you were looking
to give her a break

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as a result of the mistake that
you acknowledge, you made,

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why did you charge her for retail
when you didn't even pay retail?

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See? Don't do that.

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Don't try to portray yourself
as something that you're not.

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[Narrator] Ebony Parker
is suing auto mechanic, Willie Kelly

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for the cost of a car and lost wages.

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Willie is counter suing
for repair services and storage fees.

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Okay. You have asked
for $6,000 for that vehicle.

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-Um...
-Where did you get $6,000 from?

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[Parker] KBB.

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No, I don't think so.
I think you looked it up wrong.

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-[Parker] I put in the mileage...
-2012... and you lost $4,000 in wages?

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The wages that I'm suing for
is from a factory job that I had.

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[DiMango] They sent you a letter
saying that, "we're releasing you."

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And they listed numerous reasons
why they were not keeping you.

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Not because you weren't showing up.
That was one of your reasons.

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But you can't tell me that there's no way

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you couldn't have gotten to work
for six months.

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-Judge Levy.
-[Levy] Thank you.

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So my understanding is that you recognized
that you failed to get her authorization

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to fix the calipers,
the rotors on the vehicle.

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And that's why you agreed to
reduce the $755 to $545

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-by taking off your labor, is that fair?
-No.

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[Levy] Okay, explain to me
where I'm wrong.

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In order to put rear brakes on your car
you have to turn the calipers back.

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But she came in a moment ago--
And I know that Judge DiMango,

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although she knows
a lot about a lot of things,

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calipers may not be one of them.
I had a vehicle that had terrible calipers

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and they used to
dig into the rotors all the time.

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So I know how that works.

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When the plaintiff came in and asked you
for brakes, those are brake pads.

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That's what you knew that
she was referring to,

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not a full brake job.

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However, in order to
turn the calipers back on her car,

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you have to turn them back,

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-not push them back.
-Okay.

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So in order to turn them back,
it would give you room

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-to put the new pads on.
-[Levy] Right.

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If they're stuck out a certain distance
you don't have enough room

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-to get new pads in there.
-[Levy] Right.

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00:08:48,567 --> 00:08:50,400
So I wouldn't be able to
put the brake pads on there.

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[Levy] And there were text messages
that you exchanged, correct?

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00:08:53,300 --> 00:08:55,333
It was April 14th, in which you said,

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00:08:55,400 --> 00:08:56,600
"FYI

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I tried to turn the rear calipers back

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00:08:59,165 --> 00:09:00,967
-and neither are going back."
-[Kelly] Correct.

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00:09:01,033 --> 00:09:03,033
"I will get the pricing for you tomorrow."

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00:09:03,100 --> 00:09:04,834
And then there's no text on the 15th.

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00:09:05,233 --> 00:09:07,700
-That's why I admit I dropped the ball.
-[Levy] Right.

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00:09:07,767 --> 00:09:10,233
And I appreciate the honesty,
and it was the right thing to do.

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00:09:10,300 --> 00:09:12,533
It was the right gesture
and I appreciate that.

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00:09:12,600 --> 00:09:15,266
A lot of people wouldn't have done that.
However, when you agreed

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00:09:15,333 --> 00:09:19,767
to reduce the bill from $755 to $545,

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00:09:19,834 --> 00:09:24,767
you agreed to remove your labor
and just charge for the parts.

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I'm just gonna hold this one up.
It says, list price: $16.08

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Cost: $8.09.

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00:09:29,767 --> 00:09:32,200
So the cost of $8.09
is because you are a mechanic.

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00:09:32,266 --> 00:09:35,133
-Correct.
-You didn't pay $16.08.

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00:09:35,200 --> 00:09:38,000
-You paid $8.09 cost, right?
-That is correct.

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00:09:38,066 --> 00:09:41,367
-There're a whole slew of items purchased,
-Correct.

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00:09:41,433 --> 00:09:45,834
likewise, they all have list prices.
One is for $4.65.

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00:09:45,900 --> 00:09:48,533
-But it only cost you $2.17.
-[Kelly] Correct.

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00:09:48,600 --> 00:09:50,300
[Levy] And that,
without going through all of them

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00:09:50,367 --> 00:09:51,600
-that's the same thing?
-Correct.

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00:09:51,667 --> 00:09:54,867
So, my question to you is,
if you were trying to be a good guy,

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00:09:54,934 --> 00:09:56,533
and you were looking to give her a break

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00:09:56,600 --> 00:10:00,100
as a result of the mistake
that you acknowledge, you made,

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00:10:00,166 --> 00:10:01,867
and only charge her for parts.

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00:10:01,934 --> 00:10:03,433
why did you charger her...

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00:10:03,500 --> 00:10:05,667
According to the receipt
that you gave her

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00:10:05,734 --> 00:10:09,767
...and you charged her for retail
when you didn't even pay retail?

226
00:10:09,834 --> 00:10:12,900
Because I had to expend my money.
I--she didn't pay for anything--

227
00:10:12,967 --> 00:10:14,233
any of those. I used my money.

228
00:10:14,300 --> 00:10:18,900
[Levy] But you didn't spend retail,
what you claimed you spent

229
00:10:18,967 --> 00:10:22,967
-and what you told her. That's dishonest.
-I didn't say what I spent.

230
00:10:23,033 --> 00:10:24,900
I told her what the cost was.

231
00:10:24,967 --> 00:10:27,967
Nobody in this business
gives anybody the price it--

232
00:10:28,033 --> 00:10:31,633
You know who would? You know who would?
A good guy, such as yourself,

233
00:10:31,700 --> 00:10:34,667
who wants to do the right thing
'cause he acknowledged he made a mistake.

234
00:10:34,734 --> 00:10:36,033
See? Don't do that.

235
00:10:36,100 --> 00:10:39,633
Don't try to portray yourself
as something that you're not.

236
00:10:39,767 --> 00:10:42,567
You want to be a good guy?
Then what you say is,

237
00:10:42,633 --> 00:10:44,433
my bad. My mistake,

238
00:10:44,500 --> 00:10:47,333
and I'm only gonna charge you for parts.
And as a matter of fact,

239
00:10:47,400 --> 00:10:50,200
I'm only gonna charge you
for what I get charged

240
00:10:50,266 --> 00:10:52,767
and not for what the actual expense is.

241
00:10:52,834 --> 00:10:56,533
You could've done that.
You chose not to do that, right?

242
00:10:56,600 --> 00:10:59,734
-There are other expenses--
-I'm not asking about any other expenses.

243
00:10:59,800 --> 00:11:02,800
What I focus on is dishonesty.
Nothing prevented you

244
00:11:02,867 --> 00:11:08,300
from telling this lady right here that
you get a discount for all of the parts.

245
00:11:08,367 --> 00:11:09,533
-Correct?
-Correct.

246
00:11:09,600 --> 00:11:11,300
You didn't lie to her, right?

247
00:11:11,367 --> 00:11:12,767
-You didn't lie to her.
-Absolutely not.

248
00:11:12,834 --> 00:11:16,233
You just chose not to tell her
that you were getting

249
00:11:16,300 --> 00:11:19,367
a discount on the prices
and that you were charging her

250
00:11:19,433 --> 00:11:21,533
-the retail price.
-Those parts weren't delivered.

251
00:11:21,600 --> 00:11:23,700
-I had to go get those parts.
-[Levy] I--Sir...

252
00:11:23,767 --> 00:11:25,033
There's no way you're going to win this.

253
00:11:25,100 --> 00:11:26,867
And the reason,
I'm going to tell you that is this...

254
00:11:26,934 --> 00:11:29,467
You could've said to her,
listen, it's my mistake.

255
00:11:29,533 --> 00:11:32,800
I'm very sorry for not getting
your approval and your authorization.

256
00:11:32,867 --> 00:11:35,667
So what I'm gonna do is,
I'm not going to charge you for labor.

257
00:11:35,734 --> 00:11:39,700
I'm only gonna charge you
for the wholesale of what I get charged,

258
00:11:39,767 --> 00:11:41,266
but I'm going to charge you a little more

259
00:11:41,333 --> 00:11:43,633
'cause I have to go get them,
is that okay?

260
00:11:43,700 --> 00:11:45,934
You could've done that, but you didn't!

261
00:11:46,000 --> 00:11:49,934
-And with that, Judge Acker.
-Thank you, Judge.

262
00:11:50,000 --> 00:11:52,133
[Acker] I don't understand
your lawsuit, Ms. Parker.

263
00:11:52,200 --> 00:11:58,000
I don't understand a lawsuit for $10,000.

264
00:11:58,066 --> 00:12:01,700
I mean, it almost seems to me like,
you're like, the car didn't work

265
00:12:01,767 --> 00:12:04,100
it still doesn't work.
You just take it and buy me a new car.

266
00:12:04,166 --> 00:12:06,066
No, that's not it at all.

267
00:12:06,133 --> 00:12:09,133
How much money have you paid Mr. Kelly?

268
00:12:09,200 --> 00:12:10,333
Like $190.

269
00:12:10,400 --> 00:12:12,367
-So you paid him $190.
-Mm-hm.

270
00:12:12,500 --> 00:12:14,600
-He didn't fix your car.
-Mm-hm.

271
00:12:14,667 --> 00:12:16,333
[Acker] Why don't you just
pick up your car--

272
00:12:16,400 --> 00:12:18,533
-He wouldn't let me. I'm sorry.
-Let me finish...

273
00:12:18,600 --> 00:12:21,433
Why did you not just simply
pick up the car?

274
00:12:21,500 --> 00:12:23,900
He didn't fix it.
So, if he didn't fix it, at best,

275
00:12:23,967 --> 00:12:25,300
you could say, give me my money back.

276
00:12:25,367 --> 00:12:27,800
He wouldn't allow me to get my car back
because he did the brake work

277
00:12:27,867 --> 00:12:29,600
without even asking me
about the brake work.

278
00:12:29,667 --> 00:12:31,967
-[Acker] Is that true?
-No, she asked for the cha--

279
00:12:32,033 --> 00:12:34,967
[Acker] No, you said no. I just--
So let me ask, Ms. Parker,

280
00:12:35,033 --> 00:12:36,233
do you have any evidence

281
00:12:36,300 --> 00:12:38,767
that the defendant refused
to release the car to you?

282
00:12:38,834 --> 00:12:41,500
[Parker] My voicemail
transfers over into text messages.

283
00:12:41,567 --> 00:12:44,400
On page seven,
he left a voicemail telling me,

284
00:12:44,467 --> 00:12:47,900
if you're not going to pay me for the car,
bring the title on the 24th.

285
00:12:47,967 --> 00:12:51,367
Here we go... So, on Sunday, April 24th...

286
00:12:51,433 --> 00:12:53,400
-is this the message you're referring to?
-Mm-hm.

287
00:12:53,467 --> 00:12:57,233
"I'm not sure if you got my message,
but I need to get this taken care of

288
00:12:57,300 --> 00:13:00,333
with this bill on this car.
If you're not sure about

289
00:13:00,400 --> 00:13:04,000
what you're gonna do about it
or you can decide you don't want the car,

290
00:13:04,066 --> 00:13:07,000
you can just drop the title off
and we'll call it a day."

291
00:13:07,066 --> 00:13:08,834
You know what I love, Ms. Parker?

292
00:13:08,900 --> 00:13:12,100
I love it when I say,
can somebody just give me evidence,

293
00:13:12,166 --> 00:13:13,533
-and you're like, here it is.
-[Parker] Yeah.

294
00:13:13,600 --> 00:13:17,367
There it is. You were holding
her broken down car hostage,

295
00:13:17,433 --> 00:13:20,433
after you couldn't fix it.

296
00:13:20,500 --> 00:13:24,900
After you did some work
that she hadn't specifically authorized.

297
00:13:24,967 --> 00:13:27,700
If that's the case,
then your counter suit,

298
00:13:27,767 --> 00:13:30,633
there's a lot of gumption
in suing somebody

299
00:13:30,700 --> 00:13:33,633
to pay you to store a car
that you won't let them take back.

300
00:13:33,700 --> 00:13:37,834
-I did do the brake work.
-Did you get her authorization in advance?

301
00:13:37,900 --> 00:13:40,200
I sent her a text telling--
explaining to her what was wrong.

302
00:13:40,266 --> 00:13:42,700
-[Acker] In advance, did you tell her?
-And she said, "okay."

303
00:13:42,767 --> 00:13:46,600
Just like I note when someone
is responsive to a question,

304
00:13:46,667 --> 00:13:50,533
I note when someone tries to talk over me
and ignore the question that I ask.

305
00:13:50,600 --> 00:13:52,400
So I'm going to ask it again.

306
00:13:52,467 --> 00:13:55,500
Before you did that work,
did you give her a written estimate?

307
00:13:55,567 --> 00:13:57,467
-No I did not.
-[Acker] So, you had no right

308
00:13:57,533 --> 00:13:59,700
to demand that amount of money from her.

309
00:13:59,767 --> 00:14:02,600
And then secondarily,
you then had no right

310
00:14:02,667 --> 00:14:07,100
to hold her car hostage for doing work
that she hadn't specifically authorized.

311
00:14:08,800 --> 00:14:11,000
[Narrator]
Coming up on Tribunal Justice...

312
00:14:11,066 --> 00:14:15,300
I'm simply telling you that there's no way
in God's green Earth

313
00:14:15,367 --> 00:14:18,200
you're gonna convince me
that this car was worth $6,000.

314
00:14:18,266 --> 00:14:21,200
And you can say, it wasn't broken down.
It wasn't working perfectly.

315
00:14:21,266 --> 00:14:24,934
You took it to a mechanic
'cause it did not function properly.

316
00:14:33,700 --> 00:14:35,767
Now, you knew that was a mistake

317
00:14:35,834 --> 00:14:38,934
and you knew that you had to give her
an estimate, and you didn't do that.

318
00:14:39,000 --> 00:14:41,600
Well, you said,
if you're not gonna pay, it's my car!

319
00:14:41,667 --> 00:14:44,734
So maybe if it's your car,
maybe you should be paying her

320
00:14:44,800 --> 00:14:46,100
some money for this car.

321
00:14:46,165 --> 00:14:49,165
It's not $6,000
for your broken down Focus.

322
00:14:49,233 --> 00:14:50,934
It did work. It had glitched.

323
00:14:51,000 --> 00:14:54,400
The sensor in the transmission
would glitch.

324
00:14:54,467 --> 00:14:58,600
I'm simply telling you that there's no way
in God's green Earth

325
00:14:58,667 --> 00:15:01,533
you're gonna convince me
that this car was worth $6,000.

326
00:15:01,600 --> 00:15:05,367
You took it to a mechanic
'cause it did not function properly.

327
00:15:05,433 --> 00:15:07,400
I get what you're saying,
but I looked at KBB

328
00:15:07,467 --> 00:15:10,667
-and put the mileage and the car--
-[Acker] Yeah, that number is wrong.

329
00:15:10,734 --> 00:15:13,367
But what I'm also thinking
is a little bit wrong

330
00:15:13,433 --> 00:15:15,633
is somebody saying,
I'm gonna hold your car hostage

331
00:15:15,700 --> 00:15:17,367
and it's basically my car

332
00:15:17,433 --> 00:15:21,200
unless you pay me this money
that you did not authorize in advance.

333
00:15:21,266 --> 00:15:25,000
-I've heard enough. Thank you, sir.
-We are going to retire to deliberate.

334
00:15:25,066 --> 00:15:26,266
Thank you very much.

335
00:15:26,800 --> 00:15:29,400
[Byrd] This court is in recess.
Parties are excused.

336
00:15:32,165 --> 00:15:35,367
Okay, looking first at the counterclaim,
'cause that might be easier for me,

337
00:15:35,433 --> 00:15:38,934
he says, "just an FYI
I tried to turn the rear calipers back

338
00:15:39,000 --> 00:15:42,300
and neither are going back far enough
to get the new pads on.

339
00:15:42,367 --> 00:15:45,133
I will get the pricing for you tomorrow.
Sorry for the bad news."

340
00:15:45,200 --> 00:15:46,600
And she says, "okay."

341
00:15:46,667 --> 00:15:50,200
Other than that okay, there is no other
communication between them.

342
00:15:50,266 --> 00:15:51,967
-He doesn't get her any information.
-[Levy] Right.

343
00:15:52,033 --> 00:15:54,867
Okay, I'll wait until you get me
the price on the vehicle.

344
00:15:54,934 --> 00:15:57,100
-Right.
-So, he never got any okay

345
00:15:57,165 --> 00:16:00,633
-to do the work.
-Which is why he "advised" her

346
00:16:00,700 --> 00:16:03,567
that he was gonna be the good guy
and he was going to

347
00:16:03,633 --> 00:16:07,367
-remove from the $755 bill, his labor
-Right.

348
00:16:07,433 --> 00:16:09,667
-and charge her for the parts.
-Exactly.

349
00:16:09,734 --> 00:16:12,800
But I'm gonna tell you that,
if we agree that he could charge her

350
00:16:12,867 --> 00:16:16,133
for the parts, I don't have any problem
with a car dealer not saying,

351
00:16:16,200 --> 00:16:19,200
listen, I pay $7
but I'm gonna charge you $9

352
00:16:19,266 --> 00:16:21,000
which is what they sell it for
at the store.

353
00:16:21,066 --> 00:16:23,767
I think if he buys it and she
would've had to go out and get it,

354
00:16:23,834 --> 00:16:25,934
I don't have a problem
with charging her the full price.

355
00:16:26,000 --> 00:16:28,533
He doesn't have to be a great, great guy.
He just has to say,

356
00:16:28,600 --> 00:16:30,500
I'm giving you a benefit
for my not doing it.

357
00:16:30,567 --> 00:16:32,266
You wanna do it, fine.
You don't, you don't.

358
00:16:32,333 --> 00:16:35,133
[Levy] I'm gonna tell you why I disagree,
if you don't mind, right now.

359
00:16:35,200 --> 00:16:39,266
It's because he knew that by
not providing her with the estimate

360
00:16:39,333 --> 00:16:41,133
she could just refuse
to pay it completely.

361
00:16:41,200 --> 00:16:44,165
'Cause I did not authorize that.
And then he gets nothing.

362
00:16:44,233 --> 00:16:46,567
All I'm saying is that
I don't have a problem with

363
00:16:46,633 --> 00:16:50,767
him charging her something for the parts,
if the car worked.

364
00:16:50,834 --> 00:16:52,500
If the brakes work.
I don't know if they work.

365
00:16:52,633 --> 00:16:56,000
With regard to the storage issue,
I have a problem with that in that,

366
00:16:56,066 --> 00:16:59,266
I'm not sure at what point
she would've taken the car out?

367
00:16:59,333 --> 00:17:01,834
I mean, I'd like to get
your opinions on that.

368
00:17:01,900 --> 00:17:03,100
I don't want to give him anything.

369
00:17:03,166 --> 00:17:04,567
-You don't want to give him anything.
-I don't want to give him anything.

370
00:17:04,633 --> 00:17:06,200
The work wasn't authorized.

371
00:17:06,266 --> 00:17:09,266
We don't know if the work
was even sufficient.

372
00:17:09,333 --> 00:17:12,032
See, that's the problem I'm having.
We don't know whether or not it works.

373
00:17:12,099 --> 00:17:15,367
We don't know, and you know, she made
the point when he played the video

374
00:17:15,433 --> 00:17:17,266
-that he never turned the car on.
-He didn't turn it on.

375
00:17:17,333 --> 00:17:19,700
So I don't know if that work
was worth anything.

376
00:17:19,767 --> 00:17:24,066
We all forget that the sign on the door,
that most mechanics have

377
00:17:24,133 --> 00:17:25,967
as did the defendant in this case,
say that,

378
00:17:26,032 --> 00:17:28,300
if you leave the cars
over a certain amount of days

379
00:17:28,367 --> 00:17:29,834
that you're gonna
get charged storage fees.

380
00:17:29,900 --> 00:17:31,700
-Right.
-But on his...

381
00:17:31,767 --> 00:17:36,166
it says, "after the work
that was authorized for the repairs."

382
00:17:36,233 --> 00:17:39,667
-And that--that makes it in my opinion,
-Very easy out.

383
00:17:39,734 --> 00:17:42,433
my decision much easier
because he's already acknowledged

384
00:17:42,500 --> 00:17:45,066
she never authorized the work to be done.

385
00:17:45,133 --> 00:17:46,600
So based on this, I would dismiss

386
00:17:46,667 --> 00:17:48,133
-the counterclaim in its entirety.
-I agree.

387
00:17:48,200 --> 00:17:50,767
With regard to the main complaint,
I don't have any evidence

388
00:17:50,834 --> 00:17:53,333
as to what wages she lost, if any?

389
00:17:53,400 --> 00:17:56,066
I'm not willing to give her
any money for the $4,000.

390
00:17:56,133 --> 00:17:58,533
She puts the Focus down at $6,000.

391
00:17:58,600 --> 00:18:01,633
That would be in top condition
to a private person.

392
00:18:01,700 --> 00:18:05,233
What we have here is a vehicle that's,
of course, not in top condition.

393
00:18:05,300 --> 00:18:08,166
She gets back, I would say,
probably around $2,000.

394
00:18:08,233 --> 00:18:10,567
[Levy] I think that's a little low.
I would think $3,000

395
00:18:10,633 --> 00:18:13,367
would be more--it's a 2012 car
with just electrical problems.

396
00:18:13,433 --> 00:18:16,400
The low range is $2,700.
So, I would be at $2,700.

397
00:18:16,467 --> 00:18:17,767
-[DiMango] I can live with $2,700.
-[Acker] $2,700.

398
00:18:17,834 --> 00:18:19,934
So, she has not asked for the vehicle

399
00:18:20,000 --> 00:18:23,333
but I think that we could give her
the option of taking the vehicle back

400
00:18:23,400 --> 00:18:25,433
and say to her, listen...

401
00:18:25,500 --> 00:18:28,567
We've established the value
to be around $2,700,

402
00:18:28,633 --> 00:18:31,133
or we can give you the vehicle back.
What would you prefer?

403
00:18:31,200 --> 00:18:33,133
He doesn't get a windfall in any way.

404
00:18:33,200 --> 00:18:35,967
He's got a car that he has to fix
and if he wants to sell it,

405
00:18:36,033 --> 00:18:38,500
he's gonna be in this range anyways, so...

406
00:18:38,567 --> 00:18:39,533
I'm good with that.

407
00:18:39,600 --> 00:18:40,934
-As am I.
-Let's give her the option. Me, too.

408
00:18:41,000 --> 00:18:42,233
Okay. Very good.

409
00:18:46,300 --> 00:18:47,667
Court is back in session.

410
00:18:47,734 --> 00:18:49,500
Parties are reminded you're still
under oath.

411
00:18:49,567 --> 00:18:50,734
-[DiMango] Thank you.
-[Byrd] Mm-hm.

412
00:18:50,800 --> 00:18:54,533
With regard to your counterclaim,
we were unanimous in dismissing it.

413
00:18:54,600 --> 00:18:58,900
One, because obviously, you did not
get any authorization for that,

414
00:18:58,967 --> 00:19:01,800
and I am gonna tell you, 'cause I know
you kept saying that she said, okay.

415
00:19:01,867 --> 00:19:04,200
I'm going to read you the portion
where this happened

416
00:19:04,266 --> 00:19:07,000
so that it's clearer to you.
You write to her...

417
00:19:07,066 --> 00:19:11,834
"...need new calipers in the rear...
I will get the pricing for you tomorrow.

418
00:19:11,900 --> 00:19:13,900
Sorry for the bad news."

419
00:19:13,967 --> 00:19:16,500
To which she says, what?

420
00:19:16,934 --> 00:19:17,934
-Okay.
-[DiMango] Okay.

421
00:19:18,000 --> 00:19:19,433
[DiMango] And that's where the okay is.

422
00:19:19,500 --> 00:19:22,934
She didn't okay the work. She okayed you
getting back to her with the price

423
00:19:23,467 --> 00:19:25,400
So, that being the case,

424
00:19:25,467 --> 00:19:27,767
the sign that you have in your window

425
00:19:27,834 --> 00:19:30,867
with regard to the storage fees, says,

426
00:19:30,934 --> 00:19:34,333
"that you don't pick your car up
for work that's authorized."

427
00:19:34,400 --> 00:19:37,667
So, with regard to
the $25 a day storage facility,

428
00:19:37,800 --> 00:19:40,700
that is also not a verdict in your favor.

429
00:19:40,767 --> 00:19:44,433
So we are unanimous
in dismissing your counterclaim.

430
00:19:44,500 --> 00:19:46,300
With regard to your main complaint...

431
00:19:46,367 --> 00:19:49,900
We see no evidence exactly
that you were out $4,000

432
00:19:49,967 --> 00:19:53,166
when you could've minimized your losses.
Seems like you just didn't have a car,

433
00:19:53,233 --> 00:19:54,567
and you just didn't go to work.

434
00:19:54,633 --> 00:19:57,433
So with regard to your $4,000 request,

435
00:19:57,500 --> 00:19:59,967
that we are also unanimous in dismissing.

436
00:20:00,033 --> 00:20:01,200
Now with the car.

437
00:20:01,333 --> 00:20:03,867
So, we have a proposition for you.

438
00:20:03,934 --> 00:20:09,533
We are valuing your car at $2,700.
Which is the low-end of a trade-in value.

439
00:20:09,600 --> 00:20:13,600
Because we know you're not gonna
sell this damaged vehicle

440
00:20:13,667 --> 00:20:16,834
to another person.
So it wouldn't be a private party sale.

441
00:20:16,900 --> 00:20:18,734
Which were the numbers you quoted.

442
00:20:18,800 --> 00:20:22,000
So we'd like to know, do you want him
to give you the car back?

443
00:20:22,066 --> 00:20:27,000
Or do you want door number two?
Which is $2,700?

444
00:20:27,066 --> 00:20:29,700
It's a hard decision when you feel like
your car is worth more than that

445
00:20:29,767 --> 00:20:32,433
and he can fix it and sell it to
somebody else for so much more.

446
00:20:32,500 --> 00:20:34,233
[DiMango] That's a separate issue.
It's up to you.

447
00:20:34,300 --> 00:20:37,300
-I'd just like the $2,700, that's fine.
-You are taking door number two.

448
00:20:37,367 --> 00:20:39,100
-You want the $2,700?
-Mm-hm.

449
00:20:39,166 --> 00:20:41,967
[DiMango] All right then.
Sir, the car is in your possession

450
00:20:42,033 --> 00:20:45,000
to do as you please with it.
We will have you turn the title over.

451
00:20:45,133 --> 00:20:47,934
We're awarding you $2,700.

452
00:20:48,000 --> 00:20:52,700
Which we've determined to be
the value of your 2012 Ford Focus.

453
00:20:52,767 --> 00:20:55,266
That is the unanimous verdict
of the court.

454
00:20:55,400 --> 00:20:58,400
[Byrd] This case is concluded.
Parties are excused.

455
00:21:05,300 --> 00:21:08,233
The lesson I've learned,
is always get an authorization.

456
00:21:08,300 --> 00:21:11,200
I feel like my car was worth
more than $2,700.

457
00:21:11,266 --> 00:21:14,800
I have to spend another $900
just to buy a transmission,

458
00:21:14,867 --> 00:21:16,667
and the parts are unavailable for her car.

459
00:21:16,734 --> 00:21:18,433
So it's really nothing
but a paperweight for me.

460
00:21:18,567 --> 00:21:20,934
[Narrator] Are you a victim of an assault?

461
00:21:21,000 --> 00:21:24,300
Let Tribunal Justice decide your case.

462
00:21:24,367 --> 00:21:27,266
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