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  • 2 days ago
John and Steven were childhood best friends, but when John got a half of a million dollars in a settlement, things took a turn!

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00:00Former friends.
00:02Correct.
00:02Fight over money.
00:05Not correct, unfortunately.
00:07Well, that's why we're here, sir, because this is a dispute over money.
00:10Correct.
00:11According to you, Mr. Harkness, you lent Mr. Cutler $3,000.
00:15Yes, that is correct.
00:16Mr. Cutler says it was a gift.
00:18Correct.
00:18So why don't you tell me, sir, how did this loan come about?
00:22Well, in the beginning of 1995, Stephen was living in a house.
00:29He was renting a room.
00:30He couldn't live at home.
00:31His father, they kicked him out of the house, and he couldn't live at home.
00:34He had nowhere else to go, and he was also getting kicked out of this new apartment that he had gone into.
00:39And he came to me and said, you know, John, can you give me $5,000?
00:44I said, Stephen, you know, $5,000 is a lot of money.
00:47You know what I mean?
00:47I really can't give you $5,000.
00:49What kind of work do you do that you had thousands of dollars?
00:52Well, unfortunately, when I was younger, I had cancer, and I had gotten a settlement for it.
00:57And so when I was...
00:58How did you get a settlement for having cancer?
01:00Well, because I was misdiagnosed for not having it.
01:03And then I did have it, so it was a big, drawn-out thing.
01:06When I was 19, I got a settlement and put it away and invested it for my children.
01:11How much did you get?
01:12It was about half a million dollars.
01:15And, Mr. Cutler, you knew that he was getting a settlement?
01:17Yes.
01:17Okay, go ahead.
01:18So Stephen came to me, like I said, asked me if I could give him $5,000.
01:23He didn't say lend.
01:24And I said, Stephen, I can't give you $5,000.
01:25I can let you borrow $3,000.
01:27He said, oh, come on, you can give me $5,000.
01:30You got the money.
01:30I said, Stephen, it's not about if I have the money.
01:32I just can't afford it.
01:34You know, I was going to school.
01:35I put myself through college.
01:36And that was even before I got the settlement.
01:38So I've been working hard my whole life to save my own money.
01:40He said, come on, please, please, please.
01:43You know, I said, all right, listen, I can let you borrow $3,000, but you got to pay me back.
01:47He said, well, I can't pay you back right away.
01:48I said, Stephen, I know you don't have money.
01:50If it takes you a year to pay me back, just pay me, you know, in drips and drabs, whatever you can.
01:54You know, so I gave him the money.
01:57He was so happy.
01:58You know, he said, thank you.
01:59My witness was present.
02:00What did you do, write him a check?
02:01I wrote him a check.
02:02And when I went to write him the check out, he said, don't write the check out to me.
02:05Write it out to my father because I don't have enough money in my account to cover it.
02:09Well, I said, that, you know, seems pretty sensible.
02:11He was asking me for the money, so obviously he didn't have money to cover it.
02:13And he said, I need the money right away because I have to put it down on a new apartment.
02:17So I said, no problem.
02:17I wrote the check out to his father so his father could cash it.
02:20After I gave him the money, I saw him less and less over the next six months.
02:24Come that October, I went back to college to get my bachelor's degree.
02:28So, and then I saw Stephen less, even more.
02:30So I called Stephen up.
02:32Hey, Steve, I haven't talked to you in so long.
02:33How you been?
02:34What's going on?
02:35This and that.
02:35We talked like old buddies, like nothing had ever happened.
02:37Soon as I mentioned the money.
02:39What money?
02:40I said, Stephen, come on.
02:42You know, we grew up together.
02:43What do you mean, what money?
02:44You know?
02:45He said, you said that was a gift.
02:46I said, Stephen, come on.
02:47Who's going to give somebody $3,000?
02:49I was like, I haven't even given anybody in my own family $3,000, let alone a good friend.
02:53I said, I can let you, I said, I, you know, I let you borrow it.
02:56We said, that's not what you told me and hung up the phone.
02:59Okay.
03:00Stop.
03:00Now, Mr. Cutler, did you need money?
03:04No, I did not, Your Honor.
03:06You were working in 1995?
03:07Yes, I was.
03:08What kind of work were you doing?
03:09Working in a soda distribution company.
03:11Doing what?
03:12Um, forklift work and just distribution loading trucks up.
03:17Okay.
03:18Uh, were you evicted from residences at that time?
03:21No, I wasn't.
03:22Your Honor, no.
03:23Your Honor, that's a lie.
03:24Just a second.
03:25He'll let you speak.
03:26Get back in a second.
03:27You don't deny that he transferred, I'm not going to say gave loans or whatever, he transferred
03:32$3,000 to you for your benefit.
03:35Yes, he did.
03:35Yes, he did.
03:36Now, you tell me how that came about, sir.
03:38We were longtime friends.
03:40We grew up together in the same neighborhood.
03:42And, uh, I knew John was getting, uh, a settlement.
03:45And he said to me, he said, Steve, he said, if I ever get a large settlement, he says, I'm
03:51going to take care of you and George Alts because you guys have been my best friends for
03:55so many years.
03:55Now, that's what he said to me.
03:58He said, you guys are going to get $5,000 each and a trip to Europe, he said to me.
04:02He said, I'm going to take you to Europe on me.
04:03That's what he told me.
04:04I'm going to take you to Europe.
04:06To Europe, yes, on him.
04:08Just a second.
04:08So we were going to go backpacking, hiking.
04:10So did you ever do that?
04:11No, we didn't.
04:12No, we didn't.
04:13Okay.

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