She gave you the money as a gift?
She cheated on me, and she said please, I want to help you with your situation.
-She gave you money 'cause she's stupid. -Yes.
I was gonna leave, and she begged me to stay with her.
So far, you're not impressing me. You understand that?
[narrator] This is Judy Justice.
[theme music playing]
[narrator] Tonya Graziano is suing her ex-boyfriend
Benny Shakta for unpaid personal loans.
[Kevin] Court, come to order. All rise.
[Judy] Have a seat, please.
Judge, case 4080, Graziano versus Shakta.
-Thank you. -You're welcome.
[Judy] Miss Graziano, what do you do for a living?
I'm a registered nurse, Your Honor.
-You live alone? -For the most part.
Sometimes my mom comes and stays with me.
And being a nurse is your only source of income?
For the most part, yes, Your Honor.
It is your claim that you made two loans to Mr. Shakta.
Yes.
[Judy] With whom you were involved romantically.
Yes.
One for $6,000, one for $5,000.
The defendant said that you made no loans to him, they were gifts.
And you know what it's like to make a gift and to make a loan,
because you did, in fact, make another loan to him
in a substantial amount of money, $325,000...
-Correct. -[Judy] ...more recently,
and that was to buy a piece of commercial property.
Just for my own information, so that I know where we are,
did you inherit some money?
Because you didn't get this $325,000
-from being a registered nurse. -No.
No, but I've been doing investments too since I was a young child.
So, I had, you know, just invested money
and I had some money. I was trying to help him out.
So, I did that business loan, but that's separate.
Okay. So now, tell me, when did you make this first loan,
which was allegedly for $6,000 to the defendant?
That was on July 19th of last year.
Were you living together at the time?
That's the thing, it was off and on. He was kind of living with me.
-I was going-- -In July of 2023?
Was he living with you, is the question.
-Yes. -When you made this loan?
-[Tonya] Yes. -Of $6,000.
Can you tell me the circumstances surrounding making the loan of $6,000?
I made him the loan because he was in a financial hardship.
And I wanted to help him out. I've known him for a very long time.
As a matter of fact, more than 30 years.
And we had a friendship too, as well.
And I had given him the loan because he was trying to get back on his feet.
He was going for his insurance license, and he was waiting to obtain that.
And so, that's why I gave him the loan.
Okay. Do you have any proof dating back to July of 2023
that you made him a loan?
-[Tonya] Yes, I do. -I'd like to see it.
So, what I'll be presenting to you is, I have proof of the check that was cashed.
Also, if you like, I have bank statements for both times I gave him a loan.
[Judy] Okay. I see a check for $6,000,
July 19th, 2023.
You have any communication with him via text or anything else
about this $6,000?
[Tonya] I have both loans. We just generally talked
that he was gonna pay me back the money.
I'm asking you a question.
Do you have any text or emails about this check for $6,000?
Not specifically that one check. It was both checks.
When was the second check?
The second check was in December. December 19th, 2023.
I assume you have that canceled check for me as well.
-[Tonya] Yes. -I'd like to see that.
Okay. This is for $5,000, and that's in December.
So, my first question to you is, how was he supposed
to repay the July $6,000 loan?
The payment plan was verbally. He said when--
No-no. What was the payment plan?
When was he supposed to start to pay you back this $6,000?
There was no specific date.
[Judy] Okay. So, that's the answer.
And I assume that between July and December,
he made no payments on the $6,000?
-No. -So, in December,
-you gave him another $5,000? -Yes.
You want to tell me why?
Because he was making every attempt to start working.
And he got his insurance license,
and he had an employer as well, that he was working for.
He was making every effort. So, I was thinking--
[Judy] What effort was he making? He hadn't given you any money.
Just a second. He hadn't given you any money
between July and December. So, what is the every effort that he made?
He didn't give you $100, he didn't give you $50.
He gave you nothing. Were you living with him in December?
Yes.
Were you living with him between July and December?
-Yes. -So, no effort was made by him
between July and December to make any payment on the $6,000 loan.
And in December, around holiday time, you gave him another $5,000.
Now, you want to tell me why you gave him another $5,000
when he hadn't given you a penny on the first money that you gave him?
Because he was making every effort to try--
-[Judy] What is every effort? -He was going--
Just a second. He's living with you.
-[Tonya] Mm-hmm. -[Judy] Who's paying the rent?
-Rent, mortgage... -Me.
He's working for an insurance company?
Yes. And then, he was also working Uber.
He was trying to get a few couple hundred dollars.
Great, very nice. That's all very good, and he's living with you.
And you're paying the bills.
And he's made absolutely no payment to you
despite the fact that he's making money.
So, in December, you gave him another $5,000.
Well, what did he need another $5,000 for if he's living with you?
I'm not getting it.
[dramatic music playing]
You were gonna break up with her and instead, she gave you money.
-Is that what you're telling me? -Yes.
[all laugh]
She gave you money 'cause she's stupid.
'Cause I was in love with the guy.
She gave you money 'cause she's stupid.
[theme music playing]
[narrator] Tonya Graziano claims her ex-boyfriend
Benny Shakta refuses to pay back personal loans.
Benny is countersuing, claiming Tonya wrongfully kept his personal property.
What did he need another $5,000 for?
He needed some money to pay his debt, is what he told me.
Okay. Now, I'm gonna see what proof you have
that he acknowledges that this was a loan.
Because he says both of these checks that you gave him were gifts.
He told me on several occasions--
[Judy] Not told you. I want to see--
-I have the texts. -Can I see them, please?
When did you receive this text?
That one was March 8th of 2024.
[Judy] Mr. Shakta, you want to tell me why
you took $6,000 from her in July of 2023?
Be very careful with what you tell me. Very careful.
-[Benny] Yes. -'Cause I'm reading things.
When we started dating--
July, 2023!
Okay. Because I had been helping her with her remodeling her home,
dealing with all the contractors and--
-Just a second. -Opening doors--
Where were you living?
-At her house. -You were living with her?
-[Benny] Yes. -Where had you been living before her?
In my house in Bakersfield.
And what did you do with that house?
I still have it.
What were you living with her for?
Because we were planning on getting married.
[Judy] Who was living in Bakersfield?
[Benny] I own a home in Bakersfield. My parents moved in with me
to my home.
So, your parents live in the Bakersfield house.
-I live with them. -Now?
I always have.
Where were your parents living before?
-Moved with-- -[Judy] Careful!
-They lived with-- -No, careful.
Where were your parents living
before you purchased the house in Bakersfield?
They also lived in Bakersfield in their home.
-They sold their home? -They sold their home.
-[Judy] And they sold their home? -And--
And I told my mom and dad to move in with me
in my home 'cause I lived by myself.
They sold their home.
And what did they do with the proceeds of the sale of their home?
Careful with me. I'm not as dumb as I look.
Did they give you money to buy your house?
No. No.
[Judy] When was the Bakersfield house purchased?
[Benny] Two thousand one.
So, your parents have been living in that house for how long?
Since I purchased it.
-[Judy] So, for over 20 years? -Yes.
Okay. Now, you move in with the plaintiff.
And when you moved in with the plaintiff,
were you paying any part of the expenses of the house?
-No. -So, she was having it remodeled.
And you were there directing the contractors?
Correct.
You weren't hammering nails in or taking down plasterboard?
-Actually, I was sometimes. -[Judy] What else were you doing?
I was helping her with, uh--
What were you doing for yourself? Were you working?
[Benny] No, I was not working.
Well, you gotta do something.
So you were hanging around with the contractors.
-No, I was-- -[Judy] I want you to tell me
why she gave you $6,000 in July?
Because I'd been helping her and I--
-[Judy] I don't believe that. -Uh...
I don't believe that, so come up with something different.
When it comes down to it, she gave me that money
because she cheated on me with her ex-boyfriend
and I was gonna leave, and she begged me to stay with her.
And she said, please, I want to help you with your situation.
Here's $6,000 to help you pay off your credit card bills.
And please, don't leave me.
Why did you have credit card bills? Why weren't you working?
My business shut down during COVID. And I was at home,
for two years, trying to figure out what I'm going to do with myself.
And I got my insurance license. And as you know, it takes time.
You don't just become a big insurance guy,
you have to build up your clientele. I have a few clients that I'm working.
And it's growing. But she gave me the money to help me out.
Because I had been helping her out.
$6,000. Now, let's get to the $5,000.
Um, before that-- Sorry.
Here is an email that she sent me requesting the $6,000
the day that, uh, after I broke up with her.
And then, we got back together the following day
because she begged me to come back to her.
And she says, "I'm kidding. I'm rescinding this letter."
Can I see what she's talking about and can I see...
[Tonya] Yeah, I'll show you that.
Your Honor, in regards to that--
[Judy] Shh, just a second.
What? What, are you nuts?
No.
"I lent you money in the amount of $6,000 on July 19, 2023,
and I am requesting the money back." This was in October of 2023.
"Despite my many efforts to contact you without success,
I have not received a call back from you to discuss this matter.
I'm trying to resolve this amicably.
You can make payments by Zelle by November 14, 2023."
Okay. So, you say he can make the payments by Zelle.
November of 2023. He doesn't pay you any money.
So, in December, you lent him another $5,000.
Yes, because we got back together.
And?
A month later, you gave him another $5,000.
Yes, 'cause he told me he needed the money to help him out.
[Judy groans]
Anything else anybody wants to tell me?
-Yes. -[Judy] What?
Here's a text message for her saying that her mom got mad at her
because she gave me the money.
Yeah, she says my mom's getting mad at me. I want the money back.
'Cause when I wanted to break up with her, she wanted her money back.
And then, also--
She must be seeing something that I certainly don't see.
-I'm blind-- I'm blinded by the light. -[Benny laughs]
Something that's invisible to me.
Every pot has a cover, I suppose.
-You want me to see something, sir? -[Benny] Yes.
So far, you're not impressing me. You understand that.
-You understand that? -[Benny] Yes.
Yeah, you understand. You're a big boy, a grown-up boy.
-Right? -Yes.
Your mother and father live in your house. How old are you?
I'm 46.
It's about time you could pay your own bills.
-[Benny] Uh-- -[Judy] Uh.
It's about time you pay your own bills.
[Benny] Yes, it is.
And if what you're telling me is you took money from the plaintiff
because you were gonna break up with her and instead, she gave you money.
-Is that what you're telling me? -Yes.
[all laugh]
She gave you money 'cause she's stupid.
Yes. 'Cause I was in love with the guy.
She gave you money 'cause she's stupid.
I'm gonna tell you my view.
Women have a need to nest.
And sometimes, they don't care if the nest is dirty, if it's diseased,
if it's short, if it's tall,
if it's fat or it's thin.
They don't care, they just want to nest.
And sometimes, I can actually see it. You know, I can understand.
She's a lady, she's managed to put away a couple of bucks.
You've been single all your life?
No, I was married before but I had a pre-nup, Your Honor.
I've done everything on my own.
Got it. Women have a need to nest.
Just sometimes, it blows my mind with how low they'll go.
[dramatic music playing]
There were two conditions, according to your complaint,
for this $6,000.
He would pay me back once he was financially stable again.
-Are you financially stable? -No.
Do you have a full time job?
-No. -What a hero.
Oh, my God. What a gem.
[theme music playing]
[narrator] Tonya Graziano is accusing her ex-boyfriend
Benny Shakta of refusing to pay back personal loans.
Benny is countersuing Tonya for his personal property.
So, the first $6,000 I understand, madam. The other five, I don't.
-Your Honor-- -[Judy] I'm gonna tell you why I don't.
Because you could be stupid, but if you loaned somebody money,
and they make absolutely no effort to pay you back,
and you're dumb enough to give them another big chunk of money,
that would be on you.
Now, you want to show me some other documentation
that is gonna make me happy about why you don't owe her $6,000?
-Yes. -[Judy] Show me.
Okay. Can I just state--
No. I don't want you to talk to me anymore.
I was helping her with the home.
[Judy] I don't want to hear--
Here's the text that says she gave me the money.
-Here is-- -Just a second.
-Don't give me a whole stack of papers. -Okay.
You want to show me a text that she gave you the money as a gift.
Yes.
[Judy] May I see that, please?
And that's the proof that she gave you the money as a gift?
-The $6,000. -Yes.
[Judy] Just be careful what you show me.
I'm old, my life is short, the journey's practically over.
I don't like to waste my time.
[laughs]
"My mom thinks I'm stupid and weak
and you think I'm disrespectful, disloyal and rude.
She saw my checks and she knows about the money.
I guess you're not going to say anything. I really hate my life right now."
Then, the next day she says, "Good morning, call me."
What a hero. Oh, my God, what a gem.
A regular Sir Lancelot.
It still doesn't answer my question, madam.
Can I say something too?
[Judy] Sure. Say something to me.
So, I've known him for a very long time.
And so, I had the thing that I wanted to help him out.
I understand I should've probably not given him the second check,
but I really cared about him.
And I thought we were gonna have, you know, a long-term relationship.
If that's what you're saying to me, you're not getting anything.
No. But as far as--
You have to understand something. If that's what you're telling me,
that you gave him the checks because you really thought
you were going to have a long-term relationship,
and marry and live as a family, then these were not--
Just a second. Then, these were not loans.
Not even the first one. If your intention in giving him that first $6,000 check
was because you believed that you were going to be together permanently--
No, that's not. But look, he said he was gonna pay me back.
[Judy] Show me.
I showed you on the text.
I have a witness, my mother. He told my mom as well
that he was gonna pay me back the money, all $11,000.
On what date did he tell that to your mother?
It was the beginning of March, 2024.
Where?
At the house, here in Los Angeles.
-[Judy] At your house? -Yes.
What was he doing there in March of 2024?
He had an interview beforehand, before he came to the house.
[Judy] What do you mean he had an interview before--
He was trying to get another job, you know, in LA to be close.
-[Judy] Be close to what? -To me.
-That was in March of 2024. -[Tonya] Mm-hmm.
He was interviewing before that. He had--
But you weren't living together then.
It was off and on, Your Honor.
Anybody want to show me any other proof that this first $6,000 was a loan?
Can I say something? Okay.
Tonya is not a dumb business woman.
She's very good, she's a shrewd business woman.
She knows how to write a loan document.
We have a loan together for three hundred--
I already heard-- Listen to me.
-I already heard that. -[Benny] Okay.
I said that at the beginning. If you remember, at the beginning of this case,
I said that she loaned you $325,000
for some sort of a business venture of yours.
Yes, to help him. To help him 'cause they were gonna foreclose on the property.
She's making interest on it. It's not like it was a help.
She's making seven percent interest.
No, I'm not. It's six percent.
Would you stop talking to each other?
Anybody have any other evidence with regard to this $6,000?
He just needs to be a man of his word, Your Honor.
He knows it was a loan. Come on, Benny.
[Judy] Anybody have any other proof?
Miss Graziano, I am satisfied that the first $6,000 you gave him,
you gave him with the idea that he was going to pay you back.
That's what it says.
The second one in December, I'm not even contemplating.
Somebody to make a loan and there is absolutely no payment,
and you're living together, and then, there's another check
six months later for another $5,000.
-Was that $325,000 a loan-- -That was in the middle.
-[Judy] What? -That was in the middle.
That was in August of 2023.
-In the middle? -[Tonya] Mm-hmm.
[Judy] And then, after that, you gave him another $5,000?
-Just-- Okay. -Yes.
You're very lucky, Miss Graziano.
I'm being more than accommodating to this position of yours.
-I cared about him, Your Honor. -[Judy] I don't give a rat's behind
whether you cared about him or not. When I read your papers,
what you say in your paper was, "We made a verbal agreement
that he would pay me back once he was financially stable with a full time job."
-He is working, Your Honor. -[Judy] Just a second.
I'm reading you what you said. And where we're going now,
is in a direction that unfortunately, you don't want to go in.
Because there were two conditions, according to your complaint,
for this $6,000. "He would pay me back
once he was financially stable again." Are you financially stable?
-No. -[Judy laughs]
-[Benny] Can I-- -Don't say anything.
-Okay. -[Judy] But are you financially stable?
With a full time job. Do you have a full time job?
-No. -[Judy] Okay. Very good.
Your complaint says that you had a verbal agreement
that he would pay you back when he's financially stable with a full time job.
You need to prove that.
I don't know, because we lost track of each other, unfortunately.
Then, if you don't have proof, you don't have a case.
You should've stopped when you were ahead.
Your case is dismissed.
[Kevin] This court is adjourned.
But uh...
[Judy] You have a ridiculous counterclaim. Goodbye!
-[Benny] I have a-- -Goodbye!
Okay. Bye.
[theme music playing]
I'm happy with it. I'm just glad this is all over.
And I hope to never have to deal with that woman again.
Everything pointed to the fact that it was a loan.
He said he was gonna pay me back, and he should've been a man of his word.
If you have someone calling you, going to your gym,
going to your church, going to your work, you'll say anything.
I've known him a long time. I was trying to help him out.
I thought he knew that and that he was gonna pay me back.
'Cause every time she cheated on me I got a check from her.
Yeah, I'm done with him.
You know, when I have a need to nest, I go to Target.
And it's a much safer way to fulfill that need
than to write checks for six and five thousand dollars.
You mean, you do retail therapy.
Retail therapy. Target, Home Goods, TJ Maxx. There are options, ladies.
When you feel that need, come on. Especially at holiday season.
You know, it really fulfills that. You don't have to be writing these checks
to these men to fulfill your need to nest. But hey, to each their own.
But the problem is, she said it right.
She said, I gave him this money because
I thought we were going to have a life together.
-Mm-hmm. -And that's not a loan.
-Yeah. -If a life together doesn't come together,
-that doesn't make a gift a loan. -True.
Write it down if it's a loan, irrespective of who it is.
[narrator] Are you a victim of a scam?
Go to JudyJustice.tv.
[theme music playing]