Were you friendly with him when he was married?
Yes.
[Judge Judy] You had a protective order against her?
Yes, ma'am.
Well, he was trying to have me arrested for one.
Police say that you violated the order?
- Right. - [Judge Judy] You could not be within
- two blocks of his home? - Right.
[Judge Judy] What were you doing at his house?
[announcer] This is Judy Justice.
[theme music playing]
[announcer] Amy Thomas is suing her ex-boyfriend,
Jason McMahan, for the return of her property,
the cost of a trip, and money taken from her bank account.
[Kevin] Court come to order.
All rise.
Have a seat, everybody.
[Kevin] Hello, Judge.
Case number 1158, Thomas versus McMahan.
- Thank you. - Welcome.
[Judge Judy] Oh, my goodness. This sounds like some drama.
Ms. Thomas, you and Mr. McMahan
were, for a period time, involved romantically?
- Yes, ma'am. - Who is this?
[Amy] Uh, my son.
[Judge Judy] What is he here for?
[Amy] There's a counterclaim against his car that he bought from him.
[Judge Judy] He could wait outside for a minute.
Kevin, would you escort this young man outside for a minute?
Thank you.
How long do you know Mr. McMahan?
About 11 years.
Were you friendly with him when he was married?
No. Well, we were friends, but not...
- [Judge Judy] You were friends? - Yeah.
[Judge Judy] So you were friends with his wife as well?
- Yes. - [Judge Judy] How long were you friends
with his wife?
Same amount of time.
- Were you married at the time? - Yes.
[Judge Judy] You're no longer married?
- No. - [Judge Judy] In what year
did you and your wife separate?
- It was... - Month and year.
...January of--five years ago, so 2016-ish?
And in what month and year did you and your husband separate?
May of, like, 2018.
And when did you and Mr. McMahan start to see each other?
November, December of, like, 2020.
Or 2019, sorry, 2019.
These questions sort of become relevant.
So, that--you and your wife were already separated...
- Yes. - [Judge Judy] ...when you
and the plaintiff got together?
- Yes, ma'am. - [Judge Judy] Fine.
'Cause I sense, based upon what you write, that there was--
in the complaint, that there was some bad energy
between yourself and your ex-wife.
Yes, ma'am.
While you were a couple, your complaint is,
that there was a trip that was scheduled, it was to celebrate your birthday,
you were going to Las Vegas, you were taking your children.
And according to your complaint, the defendant
was supposed to take his children.
You made the arrangements,
you booked the Airbnb, you booked flights.
And according to you, at the last minute,
the defendant backed out of the trip
and he said his ex-wife wouldn't let him
take the children with you to Vegas.
So, you want half the cost of the trip. That's one thing.
- Right. - [Judge Judy] And then
you want the return of property
that you allege he has that's yours that was in a house
that you sometimes stayed at?
Yeah, I stayed at his house a lot.
Your children are how old?
Christian's 20, and my youngest is 16.
Okay. And when you stayed at his house, where were your children?
- At my home. - [Judge Judy] So you didn't live
- at his house? - [Amy] No.
- [Judge Judy] You stayed at his house? - Right.
- [Judge Judy] You slept over. - Yeah.
Let's keep this very, very simple
because it's not a complicated case.
What items do you allege that you have that are yours
that are at his house?
My dresser. I just moved it in...
- [Judge Judy] Okay. - ...the day before.
Your dresser, and?
My bed. I bought a new bed.
- A mattress? - [Amy] Uh-huh.
The rest of my Xbox stuff because we used to do family nights there,
so I just need my Xbox stuff back.
- Do you have her dresser? - Um, I do, Your Honor.
- [Judge Judy] It's an old dresser, right? - Yes.
And I, I, I've told the plaintiff not to bring it over
and she still brought it over.
It wouldn't even fit upstairs.
- [Judge Judy] Just a second. - Okay.
You have no objection if she gets a mover
with an escort and comes to get the old dresser?
Yes, she can stay outside, yeah.
- She can stay outside? - [Jason] Uh-hmm.
- Go get the dresser. - Thank you.
[Judge Judy] Now, you bought a mattress.
When you went to his house, was there a mattress?
- Yes. - [Judge Judy] And you brought over
a new one, was that your idea or his idea?
- Both. - [Judge Judy] I'm a woman.
I want you to understand that.
He doesn't mind sleeping on his old mattress with a new girlfriend.
The new girlfriend minds sleeping on the mattress where you used to sleep
with other people.
So, there was a mattress when you got there.
And when you brought over the new mattress,
he got rid of the old one.
- Yeah. - [Judge Judy] The mattress stays.
- The dresser comes with you. - Okay.
[Judge Judy] He doesn't want it.
Do you have any of her Xbox stuff?
Um, that Xbox stuff, she gave to my son.
My eight-year-old son, Your Honor.
When did she give it to him?
She bought him a video game for Christmas and then after he got
that video game, she brought him a charging station and two controllers.
- And that was for Christmas? - Yes, ma'am.
[Judge Judy] Did you buy those things for Christmas, is my question?
- No. - [Judge Judy] What did you buy them for?
I bought them in May so that we could play Mortal Kombat
when the movie Mortal Kombat came out.
Well, why didn't you keep it at your house?
Because my kids would come over there-- 'cause I was over there a lot,
so, like, we would do dinner and then we'd all have like a game night.
This kid's 20 years old?
He's got a maturity of, like, a 12-year-old sometimes.
- [Judge Judy] Really? - So he would come out--yeah.
- [Judge Judy] Really? - Yes.
- [Judge Judy] He drives a car? - No.
I thought you said there's a counterclaim for a car.
- Is he the one with the car? - No, I have the car.
It's in my name...
I don't care if it's in your name or not.
He doesn't drive.
[Judge Judy] Does he have a driver's license?
No. He's not allowed to drive.
He had one, I took it away.
[Judge Judy] Just a--so far, Ms. Thomas,
you're not doing terrific with me.
You have your dresser back.
The last--which is coming back to you.
If she doesn't pick up the dresser with an escort within five days
- of today's date... - Okay.
[Judge Judy] ...the dresser is yours, you can keep it, you can throw it away,
you can make it into firewood, you can do whatever you want with it.
It was clear from this that you brought in furniture
'cause he didn't have furniture, so you brought some stuff in.
You can take your dresser.
But you have five days to do it in.
Get a mover. Now let's talk about the trip.
You were supposed to take a trip to Vegas?
- Yeah. - [Judge Judy] On what dates?
Uh, June 28th through July 5th.
Did you go?
No.
- [Judge Judy] You did not go? - [Amy] Uh-uh.
[Judge Judy] And your children didn't go?
- [Amy] Uh-uh. - [Judge Judy] You booked an Airbnb?
Yes.
- How much was it? - Uh, 809.38.
When did you cancel it?
[Amy] The day that everything fell apart, so June 26th,
the day before we were supposed to leave, pretty much.
Did you get your money back?
- No. - [Judge Judy] Why didn't you go?
Well, he was trying to have me arrested for one,
- for two, I just--no, I wasn't... - [Judge Judy] No, no, no, no.
- Slowly. Why did... - [Amy] I, I didn't wanna go.
You didn't wanna go?
No, I couldn't.
[Judge Judy] Why couldn't you go?
'Cause he was supposed to pay half, so.
So, what do you mean supposed to pay half?
You have two children.
You were supposed to go there for your birthday.
You booked the Airbnb, why didn't you go?
Because all the money that was spent to go,
he was supposed to repay all that back so that we can finish
going to the trip and he didn't do that.
So there was no reason you didn't go?
Yeah, no, I couldn't go. Health-wise, I just couldn't go.
Like, mental health-wise, I didn't wanna go.
[Judge Judy] You didn't go because he told you that his wife
wouldn't let him take the children out of state?
- No, that's not what happened, but... - [Judge Judy] Well,
tell me what happened. That's what--
that's what it says here in your complaint.
That's what led up to all of this happening, but no,
it's because he's-- because there was a domestic violence
and I'm just not in the right mindset to go.
I didn't wanna go.
So he laid hands on me and I just didn't wanna go.
You understood that the protective order that was signed
by your judge said that you could not be within two blocks of his home?
- [Amy] Right. - [Judge Judy] And have no contact
- with either him or his children. - Right.
And you understand that you violated that order?
[theme music playing]
[announcer] Amy Thomas claims her ex-boyfriend, Jason McMahan,
is wrongfully keeping her property
and stole money from her bank account.
Jason is countersuing, claiming Amy damaged his cars
and burglarized his home.
So you chose not to go?
Yeah. No, I have PTSD, I don't--yeah.
I wasn't gonna go by myself, it was supposed to be a planned thing
and fun, and it's not fun.
She's gonna get her dresser.
Next part of your complaint is, he took money from your bank account.
- Yeah. - What money did he take
from your bank account and when?
It's been going on since June 26th 'til current. Um, his auto insurance,
he is signed up on electronic fund transfers.
- Mr. McMahan... - [Jason] Yeah.
...did you take on an automatic withdrawal,
your auto insurance out of her bank account?
No, I pay my auto insurance through my, my bank and my card,
and I have since I've had auto insurance.
- [Judge Judy] Okay. Ms. Thomas? - [Amy] Uh-hmm.
Would you show me proof that Mr. McMahan withdrew money
from your bank account to pay his car insurance?
[Amy] So the front's the bank statement, this is that got withdrawn.
[Judge Judy] Insurance premium, Progressive Direct Insurance,
A 139.77, what is that, sir?
I have no idea. I've never used her bank card
or her bank information at all, Your Honor.
I've paid my insurance myself through my own card.
- I've never had access to any... - [Judge Judy] Name on account...
[Jason] And as a matter of fact, Your Honor,
I have a text message of her sending to my kids' mother
about how she's got all of my access to my information.
I don't have any access of hers.
How much is your auto insurance, sir?
[Jason] It's $139.
I have no idea how it got on there, Your Honor.
[Judge Judy] Show me proof that you paid your auto insurance.
[Jason] I...
From your bank, you know what this is about.
[Jason] I know, and I don't have a bank statement for that.
I, I don't know what that's about, honestly.
[Judge Judy] Well, take a look.
[Jason] Like I've called Progressive myself and used my card.
- The whole time, I... - Uh, just, just a second.
Yeah, I have--I honestly have no idea.
[Judge Judy] Okay. Keep reading.
- Well, I... - [Judge Judy] Keep reading.
So don't tell me you have no idea until you read everything.
- I really don't, Your Honor. - [Judge Judy] Really, everything.
Okay. So do you need some time to get your bank records to show me
that you've paid your own auto insurance every month?
[Jason] I mean, I, I could call Progressive.
[Judge Judy] I, I could-- no, don't call Progressive.
Okay. I, I don't have access to my accounts right now, Your Honor.
I couldn't give you that information 'cause I, I had no idea
that that was even on there.
Well, were you served with a complaint that talked about it?
No, it was just a--I was served...
- [Judge Judy] Oh. - ...with a piece of paper that...
- [Judge Judy] Show me. - ...I owed 63...
Show, show me the complaint that you served him.
I'll take those now, Kevin.
He, he was served with a--an order.
[Judge Judy] Just show me the complaint.
Can I ask you a question? When did you stop this?
So I just found out about it. I was already in small claims
and then I had to amend my order and add that to it.
[Judge Judy] Ms. Thomas, what you're telling me is that Mr. McMahan
was not served with a complaint that included this?
- No, he was. - [Judge Judy] Then show it to me.
I'm trying to find it, but I think I left it in the trailer.
[Judge Judy] Then it doesn't exist.
He says he never got it, and unless you have proof that he was served with it,
I'm going to dismiss that part of your claim so that you can re-file it.
- Okay. - [Judge Judy] Because it looks to me
as if, if he pays $139 a month for his car insurance,
it looks to me as if it's coming out of your bank account.
- Yes. - [Judge Judy] And if it is coming
out of your bank account as recently as last month,
and he didn't have an opportunity to bring his bank records
to show that it comes out of his account,
I'm gonna dismiss your claim without prejudice.
You can re-file it with regard to that claim,
unless you can show me proof that he was served with...
I, I have it, the service notice,
but I think it's--I think it's in my other stuff because I was [indistinct]
[Judge Judy] Well, if it--listen.
- This is where we are. - [Amy] So, I'm sorry.
This is where we are, and it goes up to a week ago.
So I doubt that he was served with it unless he was served today with it.
- No, he was served... - [Judge Judy] It doesn't...
- ...like, two weeks. - [Judge Judy] Hmm?
He was served two weeks ago.
If he was served two weeks ago,
then he would have had time to get his bank funds.
Yeah. I understand.
If you could just--I could-- I don't mind if you dismiss it,
- if I could bring that... - [Judge Judy] Fine.
- Yeah. That's fine. - [Judge Judy] So he's--
you're gonna get your dresser back.
Now we're going to go to his counterclaim.
First, let's go to money owed for car damages.
- Your cars were damaged? - Yes, ma'am.
[Judge Judy] It is your claim that the plaintiff damaged your cars?
Yes, ma'am.
- [Judge Judy] On several occasions? - [Jason] Yes.
- The first one being... - [Judge Judy] Just a second.
- Okay. - [Judge Judy] Let us acknowledge
that your cars were damaged.
- You have police reports... - Yes, ma'am.
[Judge Judy] ...that your car was damaged.
Do you have any proof that the plaintiff damaged your cars?
I have three videos, and the second video
is her car driving by.
It's an all-black car with all-black rims
and, uh, you can see a puddle forming behind my car.
And there's a third video where it's the, uh, the very next car going by
and you can fully see a puddle of brake fluid behind my car.
So what you want me to see are videos of an all-black car, not her?
[Jason] Yes. Yes, ma'am.
Of an all-black car passing your car, and a puddle of fluid?
Well, there's somebody throwing something out of the window
and, uh, you can't really see who it is, um,
but it's an all-black car with black rims, she owns an all-black car with black rims.
I've never had problems with anybody in the eight years
that I've lived in my house.
I've parked there eight years.
And as soon as I quit talking to her, my cars get destroyed.
Can I see your police reports, please?
- Yes, ma'am. - [Judge Judy] By the way, did you go
to his house after the 28th of June,
that was--or July, whenever that you were supposed to go away,
and he went with his kids on vacation to a lake or something--
did you go to his house and dismantle a trampoline
that you had bought for his children?
No. And I have a picture of that on my phone.
That's still up in his back yard.
- Is it? - [Amy] Uh-hmm.
That's 'cause she was in the process of taking it apart, Your Honor.
- But it's still there? - [Jason] Yes.
- Right. There's nothing... - [Judge Judy] Okay.
- ...off with it at all. - [Judge Judy] So--just a sec.
So it wasn't damaged?
- No. - [Judge Judy] Okay.
- I believe that's the one. - [Amy] I didn't touch it.
[Judge Judy] Did you go to his house, Ms. Thomas?
- [Amy] On the day he's talking about... - [Judge Judy] Did you go to his house?
- [Amy] Yes. - On what date?
This would have been the 26th.
Did you start to dismantle the trampoline
that had been purchased for his children?
- No. - You didn't touch it at all?
- No. - [Judge Judy] Is my question.
- No. - [Judge Judy] What did you go there for?
I was already there, um, I was moving my stuff out.
What do you mean you were moving your stuff out?
[Amy] A lot of my stuff was there, so, uh, my...
- [Judge Judy] What stuff other than... - ...my clothes...
- [Judge Judy] ...your dresser? - [Amy] ...my clothes, hygiene stuff,
uh, my air conditioner, like a lot of stuff was there.
And that was the 27th, Your Honor.
What was your air conditioner doing there?
Because he doesn't have a lot of money and it's hot.
It's hot in his house and I was there a lot.
I didn't wanna be hot.
You negotiated a price of $1,300, you paid him 500,
you did not pay him the rest, your mother stole the title,
had it titled in her name, forged his signature...
- No. - [Judge Judy] ...and you have the car.
[theme music playing]
[announcer] Amy Thomas is accusing the defendant, Jason McMahan,
of withdrawing money from her bank account without permission.
Jason claims Amy's son purchased his Honda Accord
but still owes the remaining balance on the car.
On the 19th of July, sir,
you had a protective order against her?
Yes, ma'am.
- [Judge Judy] That was in effect? - Yes.
[Judge Judy] And you reported to the police
that you received text messages from her?
Yes. For some reason, um, she was, like, tied to my phone somehow,
so anytime she was in my neighborhood,
it would send me a text message, saying that she was in the neighborhood.
[Judge Judy] Okay. You know he had, in July, a protective order against you
on behalf of himself and the children, you understood that?
- Right. - [Judge Judy] And you understood
that the protective order that was signed
by a judge said that you could not be within two blocks of his home...
- Right. - [Judge Judy] ...and have no contact
- with either him or his children? - Right.
[Judge Judy] And you understand that you violated that order?
- But I didn't. - Police say that you violated the order.
They saw the text messages and they saw the TikToks to his children.
The problem was, is that I was not served with that order
'til later on on that evening so I didn't even know about it 'til after that.
And I really didn't.
So, I was not served 'til after July 9th with this protective order
that he did back in--I don't remember what day it was, I'm gonna say July 28th.
[Judge Judy] What were you doing near his house in July?
Pay attention.
What were you doing at his house near his porch in July?
[Amy] I wasn't near his porch, I was way far away,
but it's in the vicinity.
He lives, like, kind of in the hood by the...
- [Judge Judy] No, no. - ...by the courthouse.
I work for the courthouse.
Like right here is his house, here's the courthouse.
- So I had no chance of... - [Jason] That's not true, Your Honor.
...so the police-- the police met me down the street
at the Department of Social and Health Services.
I don't know the building.
I wanna know what you were doing near his porch.
- I was five blocks away. My... - [Judge Judy] Five blocks away?
...phone--my--yeah.
My phone drops locations, like, it said--like,
that was like a primary place I would go.
It would drop my location when I was close by.
It does it with my kids too. I got rid of it right after that.
And we went to court, showed the judge the same thing, she understood,
and she's like, "Okay."
So I wasn't like, in his location at all.
It's just where I work is really close to his house.
You say you work at the courthouse?
Work--yeah, I work for, uh, DCYF.
[Judge Judy] How do you get to work?
- Drive. - [Judge Judy] What kind of car
do you drive?
Um, I have--I have two cars, but right now, I just...
[Judge Judy] No, no. What kind of-- just pay attention to my question.
What kind of car do you drive?
- A Honda Civic. - [Judge Judy] What color?
- White. - [Judge Judy] What color
is the 1997 Honda Accord?
- Uh, gold. - [Judge Judy] Part of your counterclaim?
- Yes, ma'am. - [Judge Judy] That she took a title
to a 1997 Honda Accord that you sold?
- Yes, ma'am. - [Judge Judy] Who did you sell it to?
Um, I was-- I sold it to her son, Christian.
Um, he gave me a $500 down payment,
and he was supposed to give me the rest of the $800,
and they took the car instead and I didn't get anything.
When did you sell it to him?
It was on June 9th.
Now you can bring in the young man.
First name is Christian?
Yes, ma'am.
What was the agreed price for that car?
We went 500 at first, and then we were gonna go up,
but he never came back.
Let's start, Christian, by saying,
I know the answers to these questions.
He owned a 1997 Honda Accord, gold.
- Correct? - Yes, ma'am.
[Judge Judy] You wanted the 1997 Honda Accord?
Yes, ma'am.
- [Judge Judy] For you to drive? - Yes, ma'am.
[Judge Judy] Who negotiated the price with him?
I did, ma'am.
[Judge Judy] Did you negotiate a price of $1,300?
- Yes, ma'am. - [Judge Judy] Did you give him $500 down?
Yes, ma'am.
[Judge Judy] Did you ever pay him the rest?
- No, ma'am. - [Judge Judy] Did your mother
bring you home the title?
- Yes, ma'am. - [Judge Judy] That she took
from his house?
- I don't know what happened... - [Judge Judy] You don't know
what happened, but she brought home the title?
- Yes, ma'am. - Did you title the car
- in your mother's name? - Yes, ma'am.
[Judge Judy] Do you have a driver's license?
- No, ma'am. - [Judge Judy] Who drives the car?
- It sits in the garage, ma'am. - [Jason] That's a lie.
I got a--I got a picture of him pulling up in my--in front of my house in that car.
[Judge Judy] Just a second. You got $500?
- Yes, I did, ma'am. - [Judge Judy] So he owes you the balance?
- Yes, ma'am. - [Judge Judy] $800?
- Yes, ma'am. - [Judge Judy] Very good. Okay.
So that's an easy.
You negotiated a price of $1,300, you paid him 500,
you did not pay him the rest, your mother stole the title,
had it titled in her name, forged his signature...
- No. - [Judge Judy] ...and you have the car.
He has a text message right here. He's wrong.
He paid him a thousand dollars, it's right here from Jason.
- No, he didn't. He, uh... - Right here.
[Judge Judy] Just a--just a second.
[Amy] Sorry.
He doesn't remember things all the way, but yes.
- No... - [Judge Judy] Just a--hold on a second.
Did you ever pay him anything more--
don't speak--than $500?
[Christian] Well, I always waited for him to come back
and grab the money, but he never came back,
and also when we parked the car, he never came back to grab it
and all we ever agreed to was if he came back,
he could just have the car as long as he gave me back the money I paid him.
Okay. Well, right now, this was a while ago,
so right now he's gonna get his $800 back.
- All right, ma'am. - Mr. McMahan?
- Yes, ma'am. - [Judge Judy] There isn't probably
much doubt in my mind that the plaintiff vandalized your cars.
But you understand as--the police, that a black car driving by
without any identifying person in that car.
I don't know if it was her,
I don't know if it was somebody on her behalf,
I don't know who it was.
I know that you're owed for the car because the person
that you negotiated the price with says he only gave you $500.
- Yes, ma'am. - [Judge Judy] That you could have taken
the car back and they would have given you
if you gave him back the $500, but at this point,
I wouldn't take the car.
I need a fly swatter.
Not anymore.
Okay. That's enough.
Goodbye and good luck.
Nasty. Okay.
Punitive damages, taking money without permission, $800.
So, this is my judgment.
My judgment is within five days, Ms. Thomas, go and get your dresser.
If you don't get it within five days, he's gonna make it into firewood
or do whatever else he wants with it.
On your counterclaim, I'm awarding you $800.
That is the balance due on the 1997 Honda Accord, gold.
We are done here.
- Goodbye. - [Kevin] Court is adjourned.
I'm happy with what she said.
We had one, he just didn't want anybody to know about it.
My--the whole thing is, I wanted to stay single.
I'm [indistinct] dating. I'm cool.
Overall, I'm happy with it.
[Sarah] I think that case is a good lesson
for people having to follow the proper legal channels
because she said that he was served
and put on notice for that portion of her claim,
but if he wasn't like he said,
then he would not have been notified and would not have brought
his bank records to combat whatever statement she was saying.
So I think it's important to make sure all your Ts are crossed
and your Is are dotted before you come into court.
I agree with you.
I also agree that it's very coincidental...
[Sarah] Uh-hmm.
...that his insurance payment was $139 a month
and a $139 a month has been deducted from her bank account.
But he still would have to be put on notice and served properly
before she could make that claim today.
Right.
[announcer] Want justice?
Go to JudyJustice.tv.
[theme music playing]