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00:00She repossessed the car.
00:02She started yelling at me and telling me,
00:04I don't want to do this to you because we're friends.
00:07She was just very awful to me.
00:09You drove a car for six months,
00:11and you made no payments as agreed.
00:14Uh-huh.
00:15Were you not understanding me?
00:17Or were you just pretending not to understand me?
00:19This is Judy Justice.
00:30Mia Magdaleno is suing her former friend,
00:43Blanca Rodriguez, for car payments
00:45after she repossessed the car Mia was driving.
00:49Court come to order or rise.
00:51Be seated, please.
00:53Hello, Judge.
00:54Case number 1048, Magdaleno versus Rodriguez.
00:58Yes, ma'am.
00:59Ms. Magdaleno, how do you know the defendant?
01:02Um, we became friends around my birthday last year.
01:05How?
01:06Um, through her business.
01:08She did my hair keratin treatment.
01:10So she's a hairdresser?
01:12Um, that's what she told me, yes.
01:14Did you go to a store, a shop?
01:16A shop, yes.
01:18In what month was that, do you remember?
01:20September.
01:20Of 2020?
01:21Yes.
01:22And there came a time subsequently
01:24that you made an arrangement with her
01:27to take over the payments on a car that she owned?
01:30Correct.
01:31With a view towards once the car was paid off,
01:33it would be yours?
01:34Yes.
01:35That was the arrangement?
01:36Yes.
01:37What kind of car was it?
01:38A 2018 Hyundai Elantra, I believe.
01:41You believe or you know?
01:42Yes, it's a 2018.
01:44And what was the car note?
01:46Um, I believe there was $15,000 left on the vehicle, roughly.
01:49And what were the monthly payments?
01:52Um, $412 for the car and then $112 for the insurance.
01:58Is this the first car that you owned?
02:00No, this isn't my first vehicle.
02:02What happened with your last vehicles?
02:04Um, it was in the shop and then we, um, made an agreement to go ahead and, um,
02:10I take over the car payment because...
02:12No, no, no.
02:13What happened to your last car?
02:14Oh, it was just in the shop.
02:16Um, there was just a few mechanical issues going on with it.
02:18So what did you do with it?
02:20Um, well, she wanted to trade it, but I...
02:22No, no, no, no, no.
02:23Oh, um, I just sold it.
02:24I ended up selling it.
02:25You ended up selling it when?
02:26In November, roughly.
02:29Of what year?
02:312020.
02:31Who did you sell it to?
02:33My neighbor.
02:34What did you sell it for?
02:35I think, like, $1,000.
02:37What kind of car was it?
02:38Um, it was an Audi, an older Audi.
02:41Okay.
02:41So you wanted a new car and I assume that you made inquiries about buying a new car.
02:47Well...
02:47Is there any reason why you didn't buy a car from a dealer?
02:52Well, Blanca actually purchased a new vehicle, a Palisade, so she had this vehicle extra.
02:57So I was willing to go ahead and just do her a favor while she was doing me a favor.
03:02Well, why was she doing you a favor?
03:03I mean, did you have sufficient credit to get a car?
03:07Yes, I do.
03:08Yes.
03:08Did you think that this was a good deal?
03:10I did believe I was helping a friend out.
03:13No, no, no.
03:13I don't believe that.
03:14Oh.
03:14Um...
03:15Actually.
03:16Um, well, I did believe it was, you know, fair.
03:19It was, you know, a car that wasn't going to have any mechanical issues being relatively new.
03:23How many miles did it have on it?
03:24I don't know the exact number.
03:26Sarah, just do me a favor, please.
03:28Would you look up a 2018 Hyundai Elantra?
03:33New.
03:34Or...
03:35What it was, and she bought it in 2020.
03:37So she bought it, it was two years old.
03:39Okay, so what I got, this is your complaint, that according to you, you made your payments
03:45on a regular basis to her, but one month you were late in paying the insurance.
03:50Correct.
03:51And she repossessed the car.
03:52She asked for it back while I was at work, and I had no other option.
03:56I'm a caregiver, so my job is very demanding.
03:59So you gave her back the car, or she took back the car.
04:02She demanded the car back, yes.
04:03She demanded the car back because you didn't pay the insurance on time.
04:07Well, I was only a day and a half late, but yes, and I told her, and I kept communication
04:11with her that I would be paying the vehicle as soon as I got off work, and I made that
04:15connection very clear, to which she started yelling at me and telling me, you know, because
04:20I was at work, I told her I'm at work.
04:22What day of the month was the insurance due?
04:25It was due, I believe, on the 12th, I believe.
04:29And what date would the insurance payment due?
04:31It was due on the 12th, Your Honor, and this was on the 14th.
04:36And I don't understand how she's saying that I was yelling at her when we were texting.
04:41She said, are you yelling at me and your thoughts?
04:43She was the one who told me that.
04:44I have the proof here.
04:45So we were texting.
04:46Just a sec.
04:47How could I be yelling?
04:48I'm going to take a look at the texts back and forth.
04:50Okay.
04:51I have this.
04:52Just a sec.
04:52Based upon a 20,000 mileage, it's between 14,000 and 15,000 for 2018.
04:59Great, thank you.
05:00I'd like to see the texts, Kevin.
05:12Where was the next message?
05:15I'd like to see the next message.
05:17She said, who has Eric told me if you can make payments for the $1,000 too?
05:21What is that about?
05:22So she did want $1,000 starting for the vehicle, which she was willing to do in payments.
05:30So the next message-
05:31Just a second.
05:32In what month was this?
05:34I believe that was-
05:37Just a second.
05:37So it wasn't just insurance.
05:40Were you overdue in your down payment as well?
05:44Oh, she was willing to make payments for-
05:46Just a second.
05:47I'm asking you, were you overdue in the down payment?
05:50I believe so.
05:51The down payment, Eric told me if you can make payments for the $1,000 too.
05:55Mm-hmm.
05:56What is the $1,000 for so that I understand?
05:58He asked for $1,000 down.
06:00Who did?
06:01To cover me and my husband.
06:04But she never made any payments on it.
06:06Okay.
06:06Do you have a written contract?
06:08No.
06:08It was all verbal.
06:09So she didn't make the $1,000 down?
06:12No.
06:13She never did.
06:14Okay.
06:14And she got the car in what month?
06:17In, I believe it was in
06:20November.
06:20Well, that's when she sold the other car.
06:22And in what month did you take the car back?
06:24That was in May.
06:26No, I didn't take it back, Your Honor.
06:27She went and left it in Bloomington, California.
06:29Just a second.
06:30What month?
06:32May.
06:32That's what I said.
06:35Did you give her the keys to the car back immediately?
06:37As soon as I could without having the car.
06:38Not as soon as I could.
06:40The keys are in your house.
06:41You put them in an envelope.
06:42You send them.
06:42Yeah, well, I would-
06:43That doesn't take a month.
06:44We don't use Pony Express anymore.
06:50Mia Magdaleno says former friend Blanca Rodriguez wrongfully repossessed the car Mia was paying for.
07:05Blanca is countersuing for vehicle damages, excess mileage, and filing a false restraining order.
07:11Okay, so this is my question to you.
07:13Between November of 2020 and May 2021, you hadn't made any payments on this down payment of $1,000.
07:22Correct.
07:23I didn't make any payments because she was being told by her husband what to do, but the car was in her name.
07:29And so she said, I don't want to do this to you because we're friends, being that we're friends.
07:33So I would just give you the vehicle, but my husband wants $1,000 for it.
07:38Just a second.
07:38But that was your agreement that you would pay $1,000 down.
07:42Uh-huh.
07:43And you didn't pay any part of the $1,000 down.
07:47Yes.
07:47Okay.
07:48And you drove the car November, December, January, February, March, April into part of May.
07:53So you drove the car for six months, right?
07:55Yes.
07:55It's a relatively new car.
07:58And the payment for the insurance is due on the 12th.
08:00Did you try to get your own insurance on the car?
08:03Yeah, she did end up canceling the insurance that same day.
08:06Just a second.
08:07Go ahead.
08:08My question is, did you try to get insurance on the car in your own name?
08:13Um, no, because she offered to go ahead and get in hers.
08:16So is what you're telling me that you never tried to get insurance in your own name and it was too expensive?
08:23No, it wasn't too expensive.
08:25I just never tried to get insurance because it was...
08:28That's not what she told me. She said she had to pay for $100 a month.
08:32How much did you pay on your old car for insurance?
08:35One hundred and twelve dollars.
08:36You mean the exact same amount of money that you paid for insurance on this car?
08:41That doesn't sound right.
08:42Miss Magdalena, are you not understanding me?
08:45Or are you just pretending not to understand me?
08:47For my Audi?
08:48For your Audi. How much did you pay for insurance a month?
08:52Roughly. I mean, I don't remember the exact number.
08:54Then you say, I don't remember.
08:55Under...
08:56Now, you drove this relatively new car for six months.
08:59Then she took it back.
09:01So it's just the car I'm dealing with, not the insurance.
09:04Insurance you have to have.
09:05You drove it, you have to pay for it.
09:07How much do you think it would have cost you to rent a car a month?
09:12A relatively new car.
09:13Mm-hmm.
09:14Like, roughly $500?
09:16Roughly?
09:17A month.
09:17Uh-huh.
09:18So this was a bargain.
09:20So my question is, I mean, you have to be reasonable.
09:23You drove a car for six months.
09:25If you had to lease a car, it would cost you, you said $500.
09:28But it would cost you at least $400 a month.
09:31So what do you want back?
09:32She asked for the car back because of two things.
09:35You didn't pay the insurance on time, and you made no payments as agreed on the $1,000 down payment.
09:42Well, just overall, while the contract was in place, she was just very awful to me, saying horrible words.
09:49And then even after she received the vehicle back, her and her daughter started to harass me, which we had to go ahead and take legal matters for that.
09:57And they dropped it, um, without prejudice.
10:01But she pretty much just, um, would tell me certain things like, you know, like her daughter was making fun of me, saying you...
10:07Don't tell me what her daughter did.
10:09Her daughter's not here, nor is she a party.
10:11So her and her, her as well?
10:13No.
10:13Okay.
10:13Just her.
10:14So she would go ahead and call me multiple times, and then she would change her number?
10:18Just a second, did you give, did you give her the keys back?
10:21Yes, I gave her...
10:22Immediately?
10:22I...
10:23No, no, just...
10:24That's a question.
10:25Did you give her the keys to the car back?
10:28You had two sets of keys.
10:29Did you give her the keys to the car back immediately?
10:31I've read her answer.
10:33The answer is no.
10:35As soon as I could without having the car.
10:36Not as soon as I could.
10:37How much after you gave her back the car?
10:40You gave her back the car in May.
10:42What date in May?
10:44I don't know the exact date.
10:45May 13th.
10:46May 13th.
10:47On what day did she get the keys back?
10:50June 28th.
10:50I received them in the mail.
10:52What does that mean, as soon as you can?
10:54Well, because I did not have a vehicle at the time.
10:56So people were driving me around.
10:58I had to Uber everywhere.
10:59And I did message her as well, saying that I would give it back to her...
11:02The keys are in your house.
11:03You put them in an envelope.
11:04You send them.
11:05Yeah, well, I would...
11:05That doesn't take a month.
11:06We don't use Pony Express anymore.
11:10Did you get another car?
11:11We're now talking about several months later.
11:14Did you buy a new car?
11:15Yes.
11:16Yes.
11:16What kind of car did you buy?
11:17Well, I actually went to a dealership and got a 2021 Nissan Altima.
11:24And how much do you pay a month for that on the note?
11:27Roughly 400.
11:29Not roughly.
11:30You know exactly how much you pay for it a month.
11:32$485.92.
11:35That's closer to $500.
11:36It is a 2021.
11:38But that's closer to $500 a month.
11:40Yeah.
11:41And you pay insurance in addition?
11:43Yes.
11:44To what company?
11:45Allstate.
11:46And how much is your insurance on this car?
11:49$150.64.
11:53Do you have any other cars?
11:55No, not currently.
11:56So all in all, you pay $650 a month for your car that you're driving now?
12:03Roughly.
12:04Roughly.
12:04Roughly.
12:05And you paid $500 a month when you drove her car?
12:09Correct.
12:09And you put down how much on the new car?
12:13Um, I put down like two grand.
12:15$2,000.
12:16Uh huh.
12:18Where did you get the $2,000 from?
12:20From work.
12:21From work.
12:21So that you had the $1,000 to give her as the down payment.
12:26You just didn't give it to her?
12:27No.
12:28As soon as she took the vehicle back, I just was able to save money from not having to
12:32pay for the vehicle.
12:33Your Honor, and she also-
12:34Just a second.
12:35On what month and day did you buy the new car?
12:38July, roughly.
12:40At the end of the month, around the 28th.
12:42Well, that means that you just saved two months.
12:45That's $800.
12:47Yeah.
12:47And then I also, um, am certified to do like, you know, like hair.
12:52And I was just working really hard to try to come up with money to go ahead and get the
12:58payment together.
12:59Yeah.
13:00But you didn't work real hard to give her the $1,000 over six months that you owed her?
13:05Mm-hmm.
13:06Uh huh.
13:07Right.
13:08She doesn't owe you any money.
13:09You drove the car for six months.
13:10I believe you rented it for six months.
13:12You have a counterclaim.
13:14Yes.
13:14There came a time when your car needed some repair, and she gave you a loaner?
13:19Um, it was another vehicle of hers, so yeah.
13:21It was a loaner?
13:21Uh huh.
13:22Yeah, it was a loaner.
13:24Did you have an accident in the loaner?
13:25No, I did not.
13:27Yes, she did, Your Honor.
13:28I have pictures here, and I have the text.
13:30She also allows a lot of others to drive the vehicle.
13:33Just a second.
13:34Okay.
13:34Where she says, um, I never crashed it, but I could have happened to pull out of my
13:39parking spot.
13:40There's a huge pole right next to it, and here it is.
13:42May I see it, please?
13:47And those are the pictures as well.
13:50And she also crashed the Elantra.
13:52Shh!
13:55You had no agreement with her with regarding mileage.
13:58But I'm also, um, time lost from going to pick up the vehicle when she left it off an hour away.
14:04Just a second.
14:06I don't care.
14:19Mia Magdaleno has accused former friend Blanca Rodriguez of repossessing the car Mia was paying for.
14:26Blanca says Mia was late making insurance payments on the car.
14:30Okay, did you have an accident in the loaner?
14:32No, I did not.
14:33Yes, she did, Your Honor.
14:35I have pictures here, and I have the text.
14:36She also allows a lot of others to drive the vehicle.
14:41Where she says, um, I never crashed it, but I could have happened to pull
14:45out of my parking spot.
14:46There's a huge pole right next to it, and here it is.
14:49May I see it, please?
14:54And those are the pictures as well.
14:57And she also crashed the Elantra.
14:59Shh!
14:59I'll get to that.
15:00What is the number?
15:01That's her counterclaim.
15:02Because I don't remember sending those messages.
15:10Okay, but she actually doesn't flat out acknowledge that she scraped the car next to a pole, which is
15:18what this looks like. But she says it could have happened when I was pulling in and out of my
15:22parking space. In any event, your insurance covered that?
15:25Yes.
15:26Yes. Okay. And then tell me about the, because this is her counterclaim.
15:31She says that you also had an accident with the Elantra.
15:35Yes. So there was an accident, but the person did hit me, and I have a police report proving that it
15:41was, and the insurance did cover that. And there was no money paid out of pocket for her. So it was
15:46like it never happened to her.
15:48Well, but it stays in the history, the vehicle history report.
15:51But the claim is...
15:52Just a second. Ms. Rodriguez, if the police report says that the accident is not her fault,
15:57and your insurance covered it, which it did, then you have no case against her. It's not her
16:03responsibility that there's an accident on the car, unless she was at fault. You understand that?
16:09Yes.
16:09Okay. Okay, well, this report clearly determines that she was not at fault in this accident,
16:16that someone else was at fault. With regard to the third part of your counterclaim,
16:21your third part of the counterclaim is for excess mileage.
16:25Mileage, Your Honor?
16:26You didn't have an agreement with her for mileage.
16:28No, I didn't, but she didn't pay the thousand either.
16:31She didn't pay the thousand either, but you have no claim for the thousand dollar deposit.
16:37Even though she used the vehicle?
16:38You have no... What I'm saying to you is your claim alleges three things.
16:43Money owed for damages to two vehicles. I've already addressed that. Excess mileage,
16:48you had no agreement with her with regarding mileage. You know, if you lease a car, you usually
16:54have a certain number of miles a year that you can put on a car, but you had no agreement with her
16:59because it was the intention that she purchased the car. The final thing you have you're questioning is
17:04the filing of a false restraining order. There's nothing here about a deposit. You understand that.
17:10And in actuality, she did make payments on the car. You now have the car back. Did you resell it?
17:15I still have it. You still have it. But I'm also, um, time lost from going to pick up the vehicle
17:22when she left it off an hour away. Just a second. I don't care.
17:26She filed a restraining order because she says that you were harassing her.
17:32And they didn't give her the restraining order, Your Honor.
17:34Did you have a trial? Just a second. Did you have a trial?
17:37We went to court for it and the judge said he was not going to give her a restraining order
17:42because we never harassed her. Just a second. You didn't say that.
17:45My... Stop. Did you have a hearing, a trial? Did you give evidence?
17:52Well, we gave evidence, yes, Your Honor. Well, if you give evidence, that's a hearing.
17:56And she testified at the hearing? Yes.
17:59Yes. Okay, so there was a hearing. And then after the hearing, the judge dismissed the case.
18:04Yes. As would I have because you wanted your keys back.
18:08It took us six weeks to get you your keys back. Okay. Do you have the order of dismissal?
18:15No. No. They said they were going to mail that.
18:16But you had a trial. Correct.
18:18The case was dismissed. In her view, she was being harassed.
18:22Did you have legal fees attendant to that? No.
18:25Okay. All right. Court's ruling is your claim is dismissed. You drove the car,
18:29make believe that you leased it for six months. You had the use of a vehicle for six months,
18:33and you don't get that money back. As far as your counterclaim is concerned, the insurance covered
18:39all the damages to both your vehicles. Am I getting that? Yeah.
18:43Correctly? Without a deductible. Correct? No, there was a deductible.
18:47That I paid. Oh, you did pay the deductible.
18:50Yeah. Well, they went ahead and had the other insurer cover that as well. So she never paid
18:56anything out of pocket. Did you pay anything out of pocket? No.
18:58Okay. Very good. Counterclaim as well is dismissed. Thank you very much. We're finished.
19:03Court adjourned. I do believe that she ruled fair.
19:09Well, I'm happy I don't have to pay anything.
19:11Her and her daughter were blowing up my phone,
19:13calling me very harsh names and being very disrespectful to me.
19:17Pretty glad that the case was dismissed.
19:19Very weird that someone would say they would come to your house.
19:22She's lying about all that. Definitely have a contract and getting notarized.
19:26I just think it's stupid because it's a waste of time and she knew she wasn't going to win.
19:31I did get a new car. Never do it again.
19:34Like that plaintiff, I've had my fair share of unlucky car troubles, you could say.
19:40Accidents, stationary objects, just unlucky. But in my view, just take accountability,
19:47responsibility, own it. It usually turns out better for you that way than when you deny it or pass blame.
19:53Yeah, well, that's true. I mean, the best advice is you don't have to have a long memory if you tell
19:59the truth right at the beginning. I think that that case also, you know, buttresses the fact that
20:04even if you're dealing with a friend, probably especially if you're dealing with a friend and
20:08you make a deal that is worth thousands of dollars, ultimately, that you put that arrangement in a
20:15writing in a contract so that everybody knows what the parameters are. And it doesn't have to be drawn up
20:20by a lawyer. I mean, if you need any help, you can certainly go on the internet and they,
20:25you know, they give you all kinds of forms that you can use and tailor to your own particular needs
20:30if it's a relatively simple transaction. But having something in writing is good for both people.
20:35It tells everybody what they're supposed to do and what the consequences are if they don't do it.
20:43So best advice, keep it in writing and don't hit immovable objects.
20:52Have you been cheated? Go to judyjustice.tv
21:13See you next time.