You paid to complete a family tree for you.
-Correct. -So you did in fact complete that?
I did a significant amount of work.
That's not my question.
-I can explain. -Did you do it?
I wanted to finish the project for her.
Do you know what she's talking about?
No, I do not.
[narrator] This is Judy Justice.
[theme music playing]
[narrator] Cheryl Stevens is suing cold case investigator, Gabriella Vargas
for a refund of services she never completed.
[Kevin] Court come to order. All rise.
[Judy] Have a seat, please.
Judge, case 4038, Stevens v. Vargas.
-Thank you. -You're welcome.
Ms. Stevens, your claim involves the return of money
that you paid to Ms. Vargas to complete a family tree for you.
-Correct. -You paid her $750.
When did you pay her that 750?
I paid her on February 7th.
-Of what year? -Uh, 2023.
[Judy] And we are now in October of 2024.
Did you receive the information that you wanted from her
with regard to your ancestry
between February 7th, 2023 and October of 2024.
I did receive information.
Tell me what you received.
From February 9th through February 25,
all of this represents the changes that she made on my tree.
-So… Yes. -May I see it?
Well, this is a lot, I don't know what's old and what's new.
So I don't have information
on what the tree looked like before she touched it,
so that represents, in Ancestry, all the changes that she made.
She deleted some of my information, she added some family members,
but she did not complete the job.
Well, what was the job supposed to look like?
The job was supposed to be complete on my mother's side of the tree
with her grandparents, her grandparents' siblings,
and so forth, and none of that is stated on my tree.
Do you have a contract with her?
No, I only have an email in which she stated what she would do.
-I'd like to see it, please. -I mean a text, I'm sorry.
Here you go.
Right down there.
So she did do work?
-Yes, she did do work. -Okay.
Okay, so she says to you, "Hi, Cheryl, I've reviewed your tree and the data.
The tree has multiple issues including inaccurate information and documentation,
duplicate people, and information taken from other trees
without proof to support it.
Building out your mother's maternal grandparents will be a bit more complex
due to the times of slavery and lack of documentation during that time,
but it is absolutely possible to do."
-You sent her that message. -I did.
Okay, you told her that the fee was $750
-and you told her… -Correct.
…that it's absolutely possible to do.
Did you do it?
I absolutely did.
-[Judy] Did you receive it? -No.
Okay, so you did in fact, according to you, complete that?
I… did a significant amount of work on her tree.
[Judy] That's not my question.
For $750, you indicated to her in February of 2023
that you could complete the maternal part of her family tree.
-Correct. -And you said it's absolutely doable.
-Correct. -Okay.
All I want to know is did you do it, so the answer is no,
but you did a significant amount of work on it.
The answer is yes, I did complete it,
however I was removed from the tree
before I could provide her with the end report.
Okay, and when did you complete it?
Month, day, and year.
It was in March of 2024, I don't have the exact day.
-So over a year later? -Yes.
-And I had indicated-- -Just a second.
-Sorry. -Did you send it to her?
She already--
Did you send the completed work to her
in March of 2024?
She owned the tree.
She had possession of it the entire time, I worked in her family tree.
I was never the owner of the tree.
So there was nothing that you had that you didn't give to her
that she didn't have.
And is what you're telling me that the job-- careful.
That the job that she hired you for was completed?
Because Whitney is going to read back
your prior answer which suggested to me that it was not completed.
I can explain.
Explain.
-So I-- -First of all.
Let's just get to was it or was it not completed?
Now, it could not be completed because you couldn't do it for whatever reason.
You couldn't do what you had indicated in your text what you were going to do.
There may have been reasons why you couldn't do it.
It was completed.
And I had let the plaintiff know that I was having
an immense amount of issues working in her tree
because she would not stop working in her own tree
which I specifically asked her not to as I was cleaning it up.
So I advised her that I would start working in my own tree
that I owned, to finish completing the work
so that it could remain accurate with evidence to back it up.
Do you know what she's talking about?
No, I do not.
I'd like to see what you're talking about.
Talking about an ancestry.com type of tree
so it's the plaintiff's account that the defendant
was working in the whole time.
However, every time the plaintiff makes a change,
with or without evidence, it affects the work that the defendant
is then doing in the tree, but she just had the plaintiff's login information.
She's not providing any additional pieces of evidence
that you're looking for as far as information about the--
-Who isn't? -The defendant.
It's all being done
-under the plaintiff's account. -Plaintiff's tree.
Under the plaintiff's account.
So if she makes changes to it, that explains the defendant's work
as far as what she's able to do.
[theme music playing]
What date did you continue to start to work on it?
"Just recently" is what you say.
"I continued to work on it." Well, give me the date of just recently.
-The-- -Give me the date, that's a date
of "just recently."
[narrator] And later today…
You go to the store,
play the numbers, and because you're doing this leg work,
so I don't have to go to the store,
if my numbers win, I'll give you half.
That's a contract. That's different from a favor.
[theme music playing]
[narrator] Cheryl Stevens claims cold case investigator Gabriella Vargas
never finished her family history and owes her a refund.
Okay, your answer says from May until August of 2023.
She hired you in February.
You said from May until August you had issues of your own
so you couldn't work on it.
Yes.
And then you started working on a high-profile murder case.
-Yes. -So you also didn't work on it.
So now we're going to a year later.
May of 2024 is when you gave her additional information and she blocked me.
So that was a year later.
Is what you're telling me that for a year, her project was placed on hold,
either because of your medical issues
or because you were working on another case?
-That's either a yes or a no. -No.
Okay, so when after February 2023,
after the first information,
did you work on her tree?
The entire year.
That's not what you say in your answer.
-That's not what you say. -Your Honor, I…
That's not what you say in your answer. You say in your answer:
"In May and August, 2023,
I had some family and health issues and had to put the work on hold."
Yes and therefore I was unable to work on it for a few days, maybe a week.
Because I'm reading your answer and your answer says,
"Just recently I continued to work using the papers I had already printed.
I've found the original person in question
is not part of her family tree after all, but she does not yet know this."
So we're talking about now in October of 2024.
You say, "I continued to work on this."
On what date did you continue to start to work on it?
"Just recently" is what you say, "I continued to work on it."
Well, give me the date of "just recently."
-The-- -Give me the date,
that's a date of "just recently."
March of 2024.
Can you show me some documentation that you did work in March of 2024?
It's all in my texts and emails.
No, don't show me a whole bunch of papers.
At my age, I can't go through all that nonsense.
So what you're telling me is you did no work on this project,
let's say, August, September, or October of 2024,
the work that you did on it was March of 2024.
I was unable to, she revoked my access to her account,
but I had a paper document that I was using,
and the work that I had done in my tree
that I continued to work using that documentation.
Because I was paid for a service and I wanted to finish the project for her.
What date? Show me the date.
I don't have an exact date.
-Give me a month. -That I finished working on it?
Tell me the last time you worked on it. Month.
I restarted working on it in August when I found out that I was being sued.
Okay, well, that's what I wanted to know.
When you found out you were being sued
for the return of your money you started to work on the project again.
Without access to anything.
Well, whatever access you had.
When you found out you were being sued, you started to work on the project again.
Until that time, we're not talking about March of 2020,
we're talking about three months ago.
-That is correct. -Okay.
And when you did that work,
did you transmit the results of that work to the plaintiff?
I have been blocked and have no contact with her.
Okay. Do you have any interest in seeing the results of that work?
-I do. -If you see the results of that work,
then I'm dismissing your lawsuit.
Do you understand?
I do. So then let me retract. No.
-Because you have no confidence in it. -Yes. Right.
-Okay. I wouldn't either. -Okay.
Judgment for the plaintiff for the amount of $750.
Thank you very much, we're finished.
-This court is adjourned. -[scoffs]
[theme music playing]
I don't feel it was fair.
I'm very pleased. I was confused by her testimony regarding being blocked
because she still had access to my emails and my phone
and never communicated with me.
I have not had a chance to speak with her and given her a final report.
She was non-responsive.
I sent several messages via text and email and even tried calling her
and she never responded.
I will not be working with her again.
I will find somebody else to finish the tree for me.
You know, clearly they had a contract.
-And the text exchange shows contract. -Mm-hmm.
Seven hundred and fifty dollars, I will provide you with this.
It will be difficult to do, but I can absolutely do it.
The contract, simple as it was,
-did not state time was of the essence. -Mm-hmm.
Interesting. So just for people watching,
if you want the time of the essence clause,
which is a date certain, you should put it in.
-Mm-hmm. -If there's not
a time is of the essence clause, you have to use a reasonable standard.
You have to see what's reasonable.
And she really didn't start to work on it
until after she was served with a summons
that said, "I'm suing you for my money back."
-Yeah. -Well, at that point,
the issue is if she does it, has she cured it?
And I would say not.
If you're responding to a lawsuit, I don't think that I have to rely
on the veracity or the quality of your work to complete it
after you're being sued,
in order to earn the money that you have already been paid.
Hopefully, the plaintiff can take the money that she got here today
and have somebody else complete the tree for her
and hopefully have more confidence in it than someone who finished it
-during litigation. -A year and a half of--
-Right. As a result of being sued. -Exactly.
Right, but if you're doing a contract,
the wise thing is to put a date in the contract and say
work should be completed by this date.
-Makes it easier. -Because clearly she sort of blew off
this project for a year and a half while she had other issues.
-Yeah. -Okay.
Case 4032, McPhee v. Snell.
All parties please come forward.
[narrator] Danielle McPhee is suing her former friend Lateisha Snell
for withholding lottery winnings and the cost of a rental car.
Ms. McPhee. Interesting case.
You and the defendant have been friends for a very long time.
-Yes. -You live in different counties,
but you are in communication regularly with each other.
-And you both play the lottery. -Yes.
I assume that from your complaint that you have special numbers.
-Yes. -What are your numbers?
1004, my birthday.
-On July 30th of this year… -Yes.
…you were on the phone
-with the defendant. -Yes.
Tell me what happened.
We was on the phone talking, having a conversation,
and then she was like,
"Sis, I'm gonna call you back, I'm finna go and play my numbers."
Call you back, I'm going to play my numbers
which meant she was going to play her lottery numbers.
-Yes. -Ms. Snell, what are your numbers?
Oh, I have so many, I could start off with pick three, pick four, or pick five.
Okay, so you have specific numbers that you play all the time?
And she has specific numbers that she plays all the time.
-Yes, I'm sure. -That you-- Just a second.
That she gave you.
-Yes. -So, on July 30th,
when you were going to buy your lottery tickets,
she asked you to buy some lottery tickets for her
using her numbers?
-Yes, those five numbers I play… -Using her numbers.
-Mm-hmm. -And she gave you those numbers.
-Yes. -And in effect said to you,
"When you're going for yours, I'll send you money, play mine."
-Yes. Yes. -And you did?
How much money did she send you?
Thirty-five dollars.
And she sent you how?
Through Cash App.
-So you got it immediately? -Yeah.
-Where did you go to purchase the tickets? -7-Eleven.
How much money did you spend on your lottery tickets?
Oh, I didn't have a chance because it was 5 minutes until the draw time.
So I was trying to put all of our numbers in there, but I ran her numbers first.
-I spent $4 because that's four tickets. -Just a second.
-Let's go slowly. -Okay.
[theme music playing]
She asked me what time I was going to cash the ticket.
The reason why she won't take cash the ticket in her name
is because she receives disability
and she cannot get it in her name.
Oh, there we go.
[theme music playing]
[narrator] Danielle McPhee claims her former friend
Lateisha Snell, turned in Danielle's winning lottery ticket
and wrongfully kept half the money.
Okay. You went to the place.
-You spent her $35, played her numbers. -Yes. Mm-hmm.
And spent $4 of your own?
-Yes. -How many numbers did you get to put in
for $4?
Only four tickets which were a dollar each…
-Four tickets. Okay. -…were able to go in.
That's okay. What number won?
One zero zero four.
-That's her birthday. -Yup.
And so this is what the case is about.
Ultimately, when you found out that your birth date won,
you wanted your winnings.
You offered to give the defendant, according to what I read, gas money.
-Yes. -The defendant ultimately,
after some bickering back and forth,
-sent you half of your winnings. -Yes.
And how much were all of the winnings?
$2,700.
And you sent her how much?
Altogether she got $1,371.
-Is that correct? -Yes.
-Now, Ms. Snell. -Mm-hmm.
I'd like you to try to explain to me
why you withheld $1,329 from her.
Okay, when I first called her back and told her,
well, she already knew that my tickets hadn't won because I was so busy--
Don't tell me what-- Listen to me.
-Don't tell me what she knew. -Okay.
So far you had not entered into
-a business relationship with her. -Mm-hmm.
Which was, "I'll give you money,
you play the numbers, my number, because you're going.
If we win, I'll split it with you." That's business.
-Mm-hmm. -That's not what
you both tell me happened.
You were on the phone. You said, "I'll have to call you back,
I'm running to play my numbers."
She said if you're going to play, play my numbers.
She sent you money to play her numbers.
You played her numbers and her birthday won.
Where do you think you're entitled to any of that money?
Because I did all the footwork and her numbers would've never got played
-if I would've never played them. -Okay.
Ms. Snell, what you did was do her a favor.
Now, there's nothing in the law of doing somebody a favor,
but in order to create a business relationship
there has to be a contract, a meeting of the minds.
I will send you money. You go to the store.
Play the numbers, and because you're doing this legwork
so I don't have to go to the store, if my numbers win, I'll give you half.
-That's a contract. -Mm-hmm.
That's different from a favor.
Do you understand?
There has to be some theory. There's no theory about I did the legwork.
-Do you get it? -Yes.
So I'm going to ask you again, do you see any basis for you
not turning over her winnings to her?
I felt as though I did turn over, you know, the winnings.
We never dis-- Even when I told her that our numbers hit,
-the numbers hit. -No,
-her number hit. Her birthday hit. -Okay.
Well, even when I told her, there was no discussion of what we were going to do.
She was sending me to the lottery office which I drove to Casselberry in Florida
to go and cash in a ticket which was a good way from my residence
to go and cash in the ticket.
Did she ask you to-- Just a second.
Did she ask you to do that?
-Yes. -No, just--
-To go and cash the ticket? -Yes.
-[Danielle] No.
Tell me when she asked you because anybody could cash the ticket
if you don't put your name on the back of it.
So you could have given her the ticket
and she could have gone to cash in the ticket.
That's easy.
So I'm asking you because I didn't get that impression from the papers
that she said to you, "Go and cash in the ticket."
She asked me what time I was going to cash the ticket.
The reason why she won't cash the ticket in her name
is because she receives disability and she cannot get it in her name.
[Judy] Oh, there we go.
Did you ask her to cash in the ticket?
-No, I did not. -Not true, Your Honor.
I told her I would come.
Asked Crystal could I come to rent a car for me and come to Orlando
to pick up the ticket.
If I'm telling you to cash the ticket in,
why would I drive to Orlando for the ticket?
Why didn't she just put it in the mail?
In any event there has to-- What?
Your Honor, she didn't drive to Orlando
till the next day after I cashed in that ticket.
What I'm telling you is, Ms. Snell, there has to be a contract
for you to receive half those winnings because that was your arrangement.
You can't decide afterwards, "Well, I did all the legwork
and I'm entitled to money."
-Do you understand? -Yes.
Okay, good.
So I also wanted to say that even this ticket isn't in my name,
I'm also going to be responsible for the taxes.
Well, that's true, you will and if you file for taxes--
-Do you work? -Yes.
What kind of work do you do?
Sanitation lead.
-And how much do you earn? -Well, right now I'm out of work.
Okay, then you don't have to worry about taxes.
Okay judgment for the plaintiff the amount of $1,329.
-Thank you very much. -Thank you so much.
This court is adjourned.
[theme music playing]
I just don't think it's fair, I did a lot of the, you know, a lot of the work.
-I love it. -I was excited,
we both were excited on the phone.
It bothers me because we've been friends over 40 years
and I've been there for her.
She wanted to be greedy and keep it all for herself.
It really bothers me that she took the money like that.
Buy your own lottery tickets.
I'm a winner, thank you.
Only one take away from this case, my darling, and that is
money can break up a friendship easily.
Because there really was no legal issue here, it was a favor.
She said here's my money, play my numbers,
and that's what the Lotto is, it's a dream.
Interesting though it brings up a bigger issue
we were just talking about
before we started about large pools of you know offices
or groups of friends that buy in together.
And again it is a dream, and such a far-out fantasy that you actually win.
-I've done it. -But if you do,
there should be some-- I mean you're just praying
that everyone that's included in that
is going to stay true to their word and split it evenly.
I never understood how that worked. I couldn't trust that many people.
Well, but a lot of offices do that, but this wasn't one of those.
-No, no. -This wasn't a lottery pool,
-this was play my birthday… -Sure.
-…here's my number. -Here it was clear,
I just mean it could get a little dicier in other situations.
-And it has. Lots of lawsuits there. -Mm-hmm.
-But this one was easy. -It was.
[narrator] Are you the victim of an assault?
Go to JudyJustice.tv.
[theme music playing]