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00:00A courthouse, the Judy Justice logo appears.

00:10In the courtroom, Herman, Tina, and Dalton.

00:13Herman and Tina Smoody are accusing

00:15their former son-in-law, Dalton McDonald,

00:18of refusing to pay back loans.

00:20Was that an acrimonious transfer

00:23or was it something that you both?

00:25What happened there was he called my husband

00:28to see if we would.

00:29Now, don't tell me what he said to your husband.

00:30Okay, he can tell.

00:31I will tell you then.

00:32He called me in December and asked me

00:34if I would please take the two boys.

00:35I told him, I will take them, Dalton,

00:37if you start making regular payments.

00:39Oh, well, that's, I'm not,

00:41we're out of the money business now, sir.

00:43What you're saying is from 2017,

00:45when the children were in his custody,

00:47your daughter may have been there,

00:48but they were in joint custody,

00:49and then he maintained custody of the children,

00:51and during the time he maintained custody of the children,

00:53there was no question whatsoever

00:55that he was not paying you back money.

00:57He did not make any payments to you.

00:59Occasional here and there, we don't keep records.

01:02All of a sudden, now you have the boys with you,

01:04and then in July, he comes back and he takes the boys back.

01:07All I asked you was whether that was an acrimonious,

01:10which is an unpleasant,

01:12or a harmonious transfer of the children.

01:14Mr. Smoody, was that in July?

01:17In July, it was acrimonious because at that point,

01:20he'd gotten a restraining order against me.

01:22Against you?

01:22Against me, well, we had the children

01:25because I sent him a letter saying that I wanted payment,

01:30and he went and got a restraining order against me

01:32because they took that as a threat.

01:34I'd like to see the letter, please, Kevin.

01:36Herman hands a document to Kevin,

01:37who brings it to Judy.

01:39She reviews it.

01:42And this is what needs to happen moving forward.

01:44That's correct.

01:45You need to mail me $200 on the first of every month

01:48and $200 on the 15th, starting March 1st, 2022.

01:51If I do not get these payments on time,

01:53the following will happen,

01:55you could say, I'm going to sue you, right?

01:57I'm gonna sue you, but that's not what you say.

01:59You say, I will go to your boss

02:01and talk to them about garnishing your wages.

02:04Any employer that has gone through all the paperwork

02:06and red tape as I have will do anything to avoid it.

02:09So that's a threat.

02:11What you're saying is I'm gonna call your boss

02:13and tell him that I'm going to sue you,

02:16and then your boss is gonna have to go through

02:18all the red tape of what it means

02:20to have a garnish on your salary.

02:21You have to go through accounting

02:23and they have to deduct it.

02:24And no boss wants to do that,

02:25which is an effect, say, so either you pay me

02:27or your boss is gonna fire you.

02:28That's what you meant when you said

02:30any employer that has gone through all that paperwork

02:33and red tape as I have will do anything to avoid it.

02:35The anything is firing the employee.

02:37The only thing that-

02:38I think you can legally fire somebody.

02:39Just a second.

02:40Whether you can legally fire them or not,

02:41that's what you were threatening.

02:42That's what that said.

02:43So we got an order of protection against you.

02:45Correct.

02:46And?

02:47Then I didn't fight it

02:47because I didn't anticipate having any conversations

02:50or contact with him.

02:51When you wrote this letter,

02:53you had the boys.

02:55Yes.

02:55Right.

02:56Not before.

02:57No.

02:58Not before.

02:59And he had had the boys for some time alone.

03:00Three months.

03:00He had had the boys for some time alone.

03:01Okay.

03:02Let's go back to my original question, which was,

03:03when the boys went back to their father,

03:05was it acrimonious or harmonious?

03:07It was not good.

03:08Well, so tell me your version of what happened.

03:11The reason it was acrimonious is because

03:13he knew very well that once we got him,

03:14we put him on a strict schedule.

03:15Eight o'clock, brush your teeth,

03:178.15, pajamas, 8.30, bed.

03:18Where was your daughter living at this time?

03:20With us.

03:21Just a second.

03:22If you're going to interrupt him

03:22because you want to get it out-

03:24I'm sorry.

03:25That's not going to be good for you.

03:26She had a room at our house.

03:26Just a second.

03:27So your daughter was living with you.

03:28So what you're telling me was

03:29your daughter was in the wind someplace.

03:31Accurate.

03:32Okay.

03:33You know, you had her for a long time.

03:34He only had her for five years.

03:35And I can understand the sadness

03:37if your daughter is in the wind

03:38and not being responsible, sir.

03:39But that doesn't mean he has to shoulder all the burden.

03:41Right now, he's shouldering all the burden

03:43of supporting the two children,

03:45which I assume you're doing.

03:46They're living with you.

03:47And so are you working?

03:48Yes, I am.

03:49And he's working.

03:49Your daughter is not.

03:50She's working two jobs.

03:51She always has.

03:52She's working two jobs.

03:53Why was she in a room?

03:54She wasn't renting.

03:55She was living there free.

03:56Okay.

03:57So now let's get back to this acrimonious transfer

04:00by the children back in July.

04:01Dalton called me, or called the kids.

04:03Okay.

04:04So he called the children.

04:05After bedtime.

04:06Okay.

04:07Called my wife's phone four times.

04:07Ring, ring, ring, ring.

04:08And she wouldn't answer because kids were in bed.

04:09And then he called my phone twice the second time.

04:12I have an old flip phone.

04:13I flipped it, walked in,

04:14because now I hear the boys are awake.

04:16I let him talk to the boys.

04:17And then I took the phone back

04:19and I said some naughty things to him and hung it up.

04:21What did you say naughty things to him for?

04:23Because I was very angry at him.

04:25And I used some swear words that I used when I told him.

04:27No, I assume you used some terrible words.

04:29Yeah, I just told him, don't call me anymore.

04:30Is there any reason that you've discussed

04:32with your wife why she didn't answer the phone?

04:34Because the boys were already in bed.

04:35He had done that before.

04:36You already told me that you heard the boys,

04:38so you took the phone into his room.

04:39Not, no.

04:39After the phone calls, they woke up.

04:40Is what you're telling me that that the first time

04:42that he tried to talk to the boys,

04:44that you or your wife didn't answer the phone?

04:47I think it probably happened once or twice prior,

04:49and then we told him, don't do it anymore.

04:51Okay, fine.

04:52And this time we were fed up.

04:53Fine, so that's when he said,

04:55I'm coming to take the boys?

04:56No, no.

04:57Well, when did he say he was coming to take the boys?

04:58Not until July.

05:00Jacqueline told us that Dalton was gonna be taking the kids

05:03once they got out of school.

05:04Okay, I'm gonna take the pain out of this case

05:06and I'm gonna do it relatively quickly.

05:07I think, Mr. and Mrs. Smoody,

05:08that this lawsuit was very ill-advised.

05:10The defendant doesn't owe you any money.

05:12He doesn't owe you any money

05:13because if there was money owed, it was a marital debt

05:15and it should have been taken up at the time of the divorce,

05:17listed as a marital debt,

05:18and then it could have been fixed

05:19by the judge who approved the divorce.

05:21How much and by whom is owed money?

05:24You chose not to do that.

05:25It was only after a very acrimonious set of circumstances,

05:28roughly five and a half years later,

05:30after this truck was purchased,

05:32that you chose to exercise any prerogatives

05:34with regard to a debt,

05:35except this letter, which threatens to go to his boss

05:40to get him fired if you don't start making payments,

05:42and that was only after the two children

05:44came to live with you and were sort of overwhelmed.

05:46You have to understand, Mr. McDonald,

05:48who I think probably is trying,

05:50he's got the two boys.

05:51It got very complicated, but it's not a lawsuit

05:52and I would make nice with him.

05:53He's got two children

05:54that you probably wanna have some connection with

05:57and this lawsuit certainly doesn't help that.

05:59But anyway, for all the reasons that I've stated,

06:00your lawsuit's dismissed.

06:01We're finished.

06:02Thank you, Your Honor.

06:03This court is adjourned.

06:03Herman.

06:04He owes us that money.

06:05He admitted he owed us the money.

06:06I think the judge was absolutely correct.

06:07He promised he was gonna pay us the money back.

06:09I don't owe Jerry any money.

06:10Kids are irresponsible,

06:12have no sense of honor, duty, respect,

06:15responsibility, nothing.

06:17Really should be a family thing

06:18and maybe one day it can go back to it.

06:20This is a great case that explains.

Judy judge latest episodes 2024 | judge Judy episodes new | Judy justice

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