FULL VIDEO AT THE END OF THIS POST
THIS EXCUSE DID NOT GO WELL IN COURT!
A Friendship Ends Over $3,000
Imagine two former friends in Judge Judy's courtroom.
One says it was a loan.
The other insists it was a gift.
This is the story of Mr. Hartness and Mr. Cutler.
The Plaintiff's Story: A Loan for an Apartment
Mr. Hartness is the plaintiff.
He claims he lent Mr. Cutler $3,000.
This happened in early 1995.
Mr. Hartness says Mr. Cutler was in a difficult living situation.
He was getting kicked out of his apartment.
Mr. Cutler asked for $5,000.
Mr. Hartness told him $5,000 was too much.
He offered to lend $3,000 instead.
Mr. Hartness had received a cancer settlement.
He knew Mr. Cutler was aware of this settlement.
He told Mr. Cutler he needed to be paid back.
Mr. Cutler said he couldn't pay it back right away.
Mr. Hartness agreed to flexible repayment.
He wrote a check for $3,000.
Mr. Cutler asked him to make the check out to his father.
He said he didn't have enough money in his own account.
Mr. Cutler needed the money for a new apartment.
Mr. Hartness made the check out to the father.
After giving the money, Mr. Hartness saw Mr. Cutler less often.
Months later, Mr. Hartness called about the money.
Mr. Cutler claimed it was a gift.
Mr. Hartness asked who would just give someone $3,000.
Mr. Cutler hung up the phone.
The Defendant's Story: A Promised Gift
Mr. Cutler is the defendant.
He denies needing money in 1995.
He says he was working at a soda distribution company.
He was doing forklift work and loading trucks.
He denies being evicted from any residence.
Mr. Cutler claims the $3,000 was a gift.
He says he and Mr. Hartness were long-time friends.
He knew about Mr. Hartness's settlement.
Mr. Cutler claims Mr. Hartness promised him and another friend, George Waltz, $5,000 each.
He also promised them a trip to Europe.
Mr. Cutler says Mr. Hartness later offered $3,000 instead.
This offer came "out of the blue" in a basement.
Mr. Cutler says he wasn't greedy.
He accepted whatever Mr. Hartness would give him.
He doesn't remember the exact conversation.
Judge Judy Questions the Defendant's Story
Judge Judy asks Mr. Cutler if he ever took the Europe trip.
He says no.
She questions the "out of the blue" nature of the gift.
Mr. Hartness interjects.
He says the conversation happened when Mr. Cutler was getting kicked out.
He states Mr. Waltz was present.
The Witness for the Defendant: George Waltz
George Waltz testifies for Mr. Cutler.
He confirms he and Mr. Cutler talked about getting money from Mr. Hartness.
He says it wasn't a loan.
They wanted $5,000.
Mr. Waltz states Mr. Cutler later said Mr. Hartness would loan $3,000.
Judge Judy asks Mr. Waltz why he needed to borrow money.
He says he was in debt with many bills.
He also says Mr. Cutler had bills.
Mr. Waltz states he didn't want a loan.
He would only take $3,000 if it was a gift.
He didn't want to get into debt with a friend.
Judge Judy asks why he thought Mr. Hartness would give him money.
Mr. Cutler interjects.
He explains their long friendship.
He says they were like family.
Another Witness for the Defendant: Joseph Smeltzer
Joseph Smeltzer also testifies for Mr. Cutler.
He knows all three men for over 15 years.
He says Mr. Hartness bragged about his settlement.
Mr. Hartness promised to take care of his friends financially.
He specifically mentioned giving them a gift.