01x67 - Daycare Dilemma

[bunniefuu]

You were interested in her daycare?

- Yes, ma'am.
- [Judge Judy] Okay.

I have video footage of
the children with me and I have pictures.

I don't recall none of this.

You don't?

Hmm.

Oh, my God.

You have a bad memory.

There are some people
that just will never get it,

and they will go through life
never getting it.

[announcer] This is Judy Justice.

[theme music playing]

[announcer] Daycare owner LaKesha Thomas

is suing her former client Ka'Leshia Friar

for one month of daycare services,

fraud, and breach of contract.

[Kevin] Court come to order.

[Judge Judy] Have a seat, please.

- Hello, Judge.
- Hello.

Case number 1116, Thomas versus Friar.

- Thank you.
- [Kevin] You're welcome.

Ms. Thomas, how long have you had
a daycare center?

Since 2006.

[Judge Judy] And are you licensed?

I am licensed right from the start.

- In what state?
- Georgia.

[Judge Judy] How many children are you
allowed to have in your daycare facility?

I'm allowed to have six
in the daytime and six at nighttime.

[Judge Judy] Give me the hours
that you watch children during the day.

- From 5:30 to...
- [Judge Judy] In the morning?



It's 12-month...12 hours there,
but it's nine hours, per child.

What does that mean?

[LaKesha]
I can get for children for nine hour...

up to nine hours
because I'm a family home daycare.

How many children could you have fulltime

as children in the home at one time?

At one time, six children.

- [Judge Judy] During the day?
- During the day. Yes, ma'am.

[Judge Judy]
And when you say six at night,

does that mean overnight,

that they stay overnight
or part of the night?

That means, I guess, part of the night.

- [Judge Judy] You don't know?
- 3:00 PM.

[Judge Judy] Do you usually have
children who stay the night?

- [LaKesha] No, ma'am.
- So it's just really during the day

that you take care of up
to six children a day?

Yes, ma'am.

My night hours are 3:00 PM

to 11:00 PM or 4:00 PM to 12:00 AM.

Okay. And you are paid
additionally for that?

Yes, ma'am.

[Judge Judy] Do you usually
have six children in your program?

- Yes, ma'am.
- [Judge Judy] Since 2006,

would you estimate

that most of the time you have
maximum capacity children?

Yes, ma'am.

[Judge Judy] Ms. Friar, the first time
that you went to the plaintiff's home

to...for a place for your two children,
did you go during the day?

Yes, ma'am.

And how many children were there?

I'll say four, five...four or five.

[Judge Judy] Okay. This is about money
that you claim is owed to you

for taking care
of the defendant's children?

Correct.

[Judge Judy] And for falsely
disputing the charge.

So I'm gonna start with Ms. Friar,
how old are your children?

Now? They're um one and five.

[Judge Judy] Now,
you are originally from Texas?

- Yes, ma'am.
- [Judge Judy] You were moving to Georgia?

Yes, ma'am.

Month, day, and year?

[Ka'Leshia] Month? Um, I moved...

in September...hmm.

September...I really don't know the date.

It was like September 10th of 2020.

I contacted her a month before...

I mean, two months...
almost three months, June 2020.

[Judge Judy]
To tell her that you were moving

and that you were interested
in her daycare?

- Yes, ma'am.
- [Judge Judy] Okay.

And did you go to see it
before you enrolled your children?

Yes, ma'am. I actually went to see her
and we...I told her that I got a...

In what month? Was that in September?

Oh, that was...when I went to go?

Oh, it was September. Yes, ma'am.

Do you remember what date in September?

I'll say...I will say like the...

[Judge Judy]
Do you know when in September?

[LaKesha] I do.

Around the 10th through the 12th.

When did your children
start in her daycare?

[Ka'Leshia]
I'll say the...it was after the 14th.

Yeah, the last week of September.

Give me the date.

the 20...I think it was the 28th.

Yup, 28th.

[Judge Judy] That's when they started?

Yes, ma'am.

- Both fulltime?
- [Ka'Leshia] Yes, ma'am.

It was actually past fulltime.

- [Judge Judy] Okay. So fulltime.
- Yes, ma'am.

[Judge Judy] And then you agreed with her,

according to what I read about

how much she would be paid every two weeks

- to take care of the children?
- Yes, ma'am.

[Judge Judy] And what was
she supposed to be paid each...

two weeks to take care of the children?

Three hundred and fifty-two.

- [Judge Judy] Bi-weekly?
- Bi-weekly.

[Judge Judy] Did you sign a contract?

Uh yes, ma'am.

[Judge Judy] Do you have
a copy of the contract?

- May I see it, please?
- [Kevin] Okay.

[Judge Judy] What is this Loan AND/OR
Daycare Tuition Re-Payment Form?

My Loan and Daycare
Tuition Form is for parents

who cannot pay me
on my stated Monday tuition payday,

or if a personal loan is loaned to anyone.

And the Daycare Tuition Re-Payment Form

is because Ms. Friar
couldn't make Monday payments.

- My tuition is due on Mondays.
- [Judge Judy] Okay.

But she says you made an arrangement
with her to pay $352 bi-weekly?

Was that your agreement with her?

That was my agreement with her
up until January.

- Just a...just a second.
- [LaKesha] Sorry.

Was that your agreement with her?

- Yes, ma'am.
- [Judge Judy] Okay.

- And you started September 28th?
- Yes, ma'am.

[Judge Judy] And did you make bi-weekly
payments through October 28th?

[Ka'Leshia] No, ma'am.

I...actually,
October 23rd was the last time

she'd seen my children because my...

[Judge Judy] Just a second.

You were actually there for four weeks?

- Yeah. Well...yeah...no. I...
- Yeah, four weeks.

[Ka'Leshia] I was...yeah,
I was there actually four weeks.

[Judge Judy] Your children
were there for four weeks?

Not too long.

- Uh-hmm.
- [Judge Judy] Just a second.

Were actually physically
in the location for four weeks?

Yes, ma'am.

[Judge Judy] So if your children
were there for four weeks,

you should have paid her $704?

Did you pay her the $704?

[Ka'Leshia] Yes, ma'am.
I paid her that amount.

I paid bi-weekly.

[Judge Judy] What I wanna know
is did you pay her $704?

Yes, ma'am.

[Judge Judy] And those payments
you did not have reversed at a bank

- or anything else?
- No, ma'am.

[Judge Judy] You actually paid her 704?

Yeah, we did it through CashApp.

[Judge Judy] How much did you receive
from the defendant

between September 28th and October 23rd?

That's a question.

When did you marry?

We're in that process at this time,
now getting married.

- [Judge Judy] So you're not married?
- Right.

- So the answer is you're not married.
- [D'Vontae] We...

You're married or you're not married?

People know when they're married
or when they're not married.

[theme music playing]

[announcer] Daycare owner, Lakesha Thomas,

claims her former client
Ka'Leshia Friar is responsible

for one month of daycare services
after Ka'Leshia disputed the charges.

- Look at your papers.
- [LaKesha] Okay.

I wanna know how much
you were paid for those four weeks?

It should have been 704.

The registration fee is $65 per child.

[Judge Judy] Just a second...no j...

Yes, ma'am.

Understand something.

I asked you a question.

I said how much were you paid by her
between 9/28 and 10/23?

The bi-weekly should have been 704.

That's correct.

[Judge Judy] How much did you
receive from her in total?

- 704 plus 130.
- [Judge Judy] Okay.

So you received what you started to say
was a registration fee plus the 704.

Were any of those charges
reversed by a bank?

Those charges were...two weeks...

- [Judge Judy] That's either yes or no?
- Yes. Yes, ma'am.

Which two weeks?

[LaKesha] The week
of October 24th, that week.

- [Judge Judy] You mean the week for...
- The two weeks prior to that.

[Judge Judy]
So, she reversed one payment of 352,

is that what you're saying to me?

She reversed two payments.

Ms. Friar stated she was...

her children were with me
until October 23rd.

That's not true.

They came another week in October
and they came three weeks in November.

- So, I don't know where...
- [Judge Judy] Just a minute.

Do you know if they were there, actually,
physically there?

In my presence. Yes, ma'am.

[Judge Judy] Really?

- May I see your record?
- [LaKesha] You can. Yes, ma'am.

Sure.

Here's November. Here's October.

I have video footage
of the children with me

and I have pictures
of the children with me.

I would love to see...

- [LaKesha] After October 23rd.
- I would love...just a second.

I would love to see it.

Absolutely.

[Judge Judy] Now, before I look at that,

and it's not that
I wouldn't like to look at it,

which I probably will.

Do you wanna rethink of
when your children were last there?

They weren't there?

October 23rd of 2020.

Oh, my God. Okay. I have text messages
too.

[Judge Judy]
She says that they were there,

that's Arthur and KeShawn?

The name's Arthur and Kashten.

[Judge Judy] Arthur and Kashten? Okay.

Well, I only have October,
through October 3rd,

the 26th through the 30th.

That's one week.

Oh, there's November.

I have through...well,
you have it through November 19th.

So you have video showing me
the children there after October 23rd?

- Yes, ma'am.
- [Judge Judy] I'd like to see it.

Yes, ma'am.

Just type on Judy Justice,
if she wanna press that one

- and she can see the timestamp
- [Kevin] Timestamp?

[LaKesha] Yes, sir.

[Kevin] This one right here, Judge.
The one...top, top right.

[Judge Judy] Well, I have one
photo here on October 29th.

I mean,
she could've got the photo anywhere.

- And timestamped it?
- [Judge Judy] Just a second.

No. It says October 29th, 10:25 AM.

Okay. She could have...she probably...

[Judge Judy] Are these your children?

Um, I can't see.

Oh, wow.

- [Ka'Leshia] Yeah, they're mine.
- Yeah. Okay. Good.

That's a video, Your Honor.

What?

That...if you go back.

- [LaKesha] Yeah.
- That...this is a video,

it's a screen recording of a...

Would you do me a favor?

See if you can negotiate that for me.

- Yeah. Okay.
- [laughter]

You can see here, it says home,
November 10th, 9:58 AM.

[LaKesha] My birthday.

[Sarah] This is just...

- [Judge Judy] Got it.
- [Sarah] Yeah.

- [Judge Judy] That's her?
- [Sarah] She screen-recorded

a security footage or something.

- You mean...
- It's timestamped it's...

...the security footage from her house?

Yeah. It's timestamped
at November 10th, 2020 at 9:58 AM.

[Judge Judy] Got it.

Do you wanna see the video?

[Ka'Leshia] I mean, she could've found
the video and screen-recorded it.

Oh, my God.

I could easily
screen-record this right now.

[Judge Judy] Okay.
So I want you to prove to me

that you were not in Georgia
after September 23rd.

Um, do you want me to go through my phone?

I don't care how you prove it to me.

I want you to look in your phone
and show me

that you were not in Georgia
after September 23rd.

[LaKesha] Okay.
Can I show you text messages

from my last conversation, please?

- It's October 23rd.
- [LaKesha] Thank you.

- Hmm?
- October 23rd.

October 23rd.

- Oh, this is a different phone.
- [Judge Judy] Hmm?

This is a different phone.
It's...I got a whole 'nother phone.

Uh-hmm. I'm ready.

Everybody who can't find something
finds a whole other phone.

- They get a whole other phone.
- Yeah.

[Judge Judy] Something
happens to their phone?

- I got that from somewhere.
- Who's that?

[Ka'Leshia] My husband.

[Judge Judy] Stand up.

- How you doing, ma'am?
- [Judge Judy] Stand up.

Did you move with your wife
from Texas to Georgia?

No, ma'am, I did not.

- [Judge Judy] Where were you?
- In Texas.

- [Judge Judy] What were you doing there?
- Working.

And why did your wife go to Georgia?

[D'Vontae] Well,
she wasn't my wife at the time.

I met her during this process.

[Judge Judy] What date did you meet her?

[D'Vontae] I would probably say
September 18th or so.

[Judge Judy] Where did you meet her?

How did I meet her? [chuckles] Uh, on a
website.

- But she was in Georgia at that time?
- [D'Vontae] No, ma'am.

I was not in Georgia.

- [Judge Judy] No, she was in Georgia?
- Yes, ma'am.

[Judge Judy] She was in Georgia
when you met her on a website?

- Yes.
- Don't touch him.

- So you met her on a website?
- Uh-hmm. Yes.

When did you marry?

[D'Vontae] Um, we're in that process
at this time, now getting married.

- [Judge Judy] So you're not married?
- Right.

- But I mean...
- Is that...so the answer...

- [D'Vontae] I'm saying we're...
- ...is you're not married.

You're married or you're not married?

People know when they're married
or when they're not married.

You understand, like,
I'm saying we're in that process right now

as far as we are going to
the court for that?

- [Judge Judy] Hmm?
- Because I have to get some things off

of my...in order to get married.

Sir, either you're married
or you're not married.

You are currently not married?

Currently, right, which I answered.

Either you're married
or you're not married.

[D'Vontae] I mean,
you asked me the question.

I gave you the answer to begin with.

Then just answer the question. You...

- [D'Vontae] I gave you that...
- She said, "This is my husband."

- Right.
- It is.

No, it's not your husband.

[D'Vontae] I mean...but...
common law married.

- [Judge Judy] No, there's no...
- Common law marriage would make that..

[Judge Judy] It doesn't exist.
It doesn't exist anymore.

Oh, well,
according to the staff of police in Texas,

- it does exist in Texas.
- [Judge Judy] Okay.

The only time common law may exist
in some jurisdiction is

'cause it's outlawed in most,
is when you live open

and notoriously with someone
for a period of either...

- [D'Vontae] Right.
- ...10 or 20 years, or more.

- Hmm.
- Oh.

[Judge Judy] Then you can be
considered in some jurisdictions,

maybe in some remote state.

But most states have
outlawed common law marriage.

- [Oh, well, I'm just...
- [Judge Judy] Okay.

...giving you the information
that was given to us.

[Judge Judy]
And just give the information.

- Okay.
- [Judge Judy] So you're not married?

You met in September of 2020.



[Judge Judy] She was in Georgia,
you were in Texas?

- [D'Vontae] Yes, I was.
- Okay.

Were you working in Texas?

- Yes. I worked in Texas.
- [Judge Judy] Okay.

What were you doing? What kind of work?

Um, I do music.

I'm an entrepreneur in the music business.

[Judge Judy] Had you known her before?

[D'Vontae] No, ma'am, I did not.

[Judge Judy] So you met her online?

That's what I gave you
the information of earlier.

Okay. When was the first time
you met her in person?

Um, probably, um, February?

So you met her in September.

September, October, November, December,

do...you didn't see her Christmas time?

- [D'Vontae] No.
- [Judge Judy] What about Thanksgiving?

- Did you see her on Thanksgiving?
- No. No. I don't celebrate holidays. No.

[Judge Judy] When you were communicating
with her, was she in Georgia?

Yes, ma'am.

Did you know
where she was living in Georgia?

No, ma'am.

Oh, I did not know exactly
where she was living, that's it.

[Judge Judy] Did you know
if she was working?

Yes. She was working at that time.

During Thanksgiving or Christmas,

did she ever tell you
that she stopped working?

Yes.

[Judge Judy] When did she tell you
she stopped working?

[D'Vontae] Um, October somewhere,
whenever the kids had symptoms of COVID.

They had to be released from,
uh, go through the 14 days, uh, of COVID.

And she had to do a extra 14 days,
so that makes four-week...four weeks

that she had to sit for COVID
and she eventually lost her job.

Do you remember what date that was?

[D'Vontae]
Around October 23rd, around that...

- [Ka'Leshia] 25th.
- Or 25th, somewhere around that.

[Judge Judy] Okay.

On November 11th.

"Hey, we're gonna there around 9."

I don't recall none of these messages.

- [Judge Judy] You don't?
- No.

[Judge Judy] Hmm. You have a bad memory.

Yeah.

Bad memory, and nasty.

[theme music playing]

[announcer] Daycare owner Lakesha Thomas

has accused her former client,

Ka'Leshia Friar of owing
for one month of daycare services.

Ka'Leshia disputed the charges
with her bank,

claiming her boys did not attend
the daycare that month.

[Judge Judy]
Can you show the witness please,

the video of the children
from November 10th?

Was there ever a time that
the defendant's children

- were out sick?
- No.

[Judge Judy] Did she ever tell you
that they were out sick?

- [LaKesha] No, ma'am.
- [Judge Judy] Okay.

I assume that if your children were sick
and you were out with them for a month,

that you took them to see
some sort of pediatrician or urgent care?

Can I see proof of that?

[Ka'Leshia] Actually, I went to a hospital

and we didn't have Medicaid
or nothing like that.

[Judge Judy]
Well, they would give you a...

No. They just gave us a not...
they didn't have COVID.

What's the name
of the emergency room that you went to?

I don't know, Your Honor.

I just barely moved to Georgia.

It's like South something,
South Georgia Hospital.

[Judge Judy] Tell me on what date
you reversed the charges

on checks that you were giving to her?

I reversed the charges?

Yeah, did you ever reverse charges?

I, um, actually talked to Kesha

and let her know that...what was going on

before this time and she was cool.

She was like, "All right. You know,
you're a cool person, la, la, la."

And there's no...

[Judge Judy]
I just asked you a simple question.

I said did there come a time
when you reversed charges

in a bank for money that you had paid her?

I contacted my bank.

[Judge Judy] That's what I'm asking you.

- Oh. I let them know...
- [Judge Judy] And what...

On what date did you contact your bank

to tell them to reverse
the charges on the check?

January, 2021.

[Judge Judy] January what?

Um, 7th, I guess.



No, 7th.

[Judge Judy] Well, if according to you,

the last time that your children
were there was on October 23rd,

why would you be reversing charges
in January?

'Cause she was still
getting my money from me.

My kids wasn't there the four weeks

- so why should I pay her?
- [Judge Judy] Just a sec.

What I'm asking you is
you had to have paid her?

Was she on an automatic payment?

- Yeah.
- [Judge Judy] So what you did was

you told the bank
to stop making automatic payments?

But you didn't stop in November?

You stopped the end of January?

You didn't stop in November?

According to you, you stopped in January.

Because she said she was gonna stop them.

Okay. Now, I'll see the e-mail...

- Text message?
- [Judge Judy] Yeah.

[LaKesha] Okay.

There we go.

[Judge Judy] On November 11th...

- Uh-hmm.
- [Judge Judy] ...at 5:19 in the morning.

"Hey we're gonna be there around 9."

- [Ka'Leshia] Uh-hmm.
- [Judge Judy] "GM, OK we'll be here."

At 5:35 AM, you respond "We just woke up."

"No worries, we'll be here."

I don't know where Cash Cup is,
and she didn't either.

If you find it, let me know.

And then on November 20th,
"They're not coming."

I don't recall none of these messages.

- [Judge Judy] You don't?
- [Ka'Leshia] No.

[Judge Judy] Hmm.

You have a bad memory.

Yeah.

Bad memory, and nasty.

Bad and nasty.

- November 20th...
- [Judge Judy] Bad and nasty.

If I...

- Sit.
- [Ka'Leshia] Uh-hmm.

- Would you...
- [Judge Judy] Sit...you...sit down.

- I mean, so why did you made...
- Sit down.

Stand up?

[Judge Judy] So,
what you want me to think about

looking at this is, is that the plaintiff

who's been in business since 2006,
and has kids,

you said she had four or five
when you went there to visit,

that she somehow got somebody to change
the digitalized date stamp on a video

and she somehow
created text messages with you

going back...oh, my God,

for October 7th,

that is a child that belongs to you?

That's my child.

[laughs]

Right.

They've got all these text messages
go all the way back to October 1st

from the same number.

Do you understand?

- I understand is that...
- [Judge Judy] Walk away.

Sit.

- You said stand...
- [Judge Judy] Don't.

Which one you want me to do?

I didn't ask you to stand.
I said did you...do you understand?

- Oh, do I understand?
- [Judge Judy] Do you understand?

They go all the way up
to November the 20th,

that she made all that up?

- It's 2020.
- And, you know,

there are some people...

there are some people
that just will never get it,

and they will go through life
never getting it.

And the sad part of it,
is people that go through life

who never get it are gonna teach that
to their children.

Judgment for the plaintiff
in the amount of $1,900.

- We're finished.
- [Kevin] Court is adjourned.

Thank you.

- She was wrong.
- I'm glad justice was served.

She did Photoshop.

People told me that
folks would come up with

whatever they wanna come up
with to get out of it, so...

You can do anything to a iPhone.

I don't even know and I don't even care.
[laughs]

And I ain't going through this again.

I'm glad this over.

[Sarah] See, I told you,
there's some upside

of learning all the technical timestamps

and location stamps, and things like that.

The plaintiff really had it all together

and she had her evidence
and it was very clear

from the timestamp on the video
and the photo that it was at her home.

It had a location on a map
that you could see and a specific time.

And it just shows that technology
can be useful sometimes.

Okay. Yes.

I'm sure it would be very helpful
if someone could teach me

how to use those things.

Until that time comes,

I'm going to have somebody
sitting right over there

who could get it for me.

I don't know, I really tried
but I find it very difficult to master.

I've just learned how to send an email,

which for me is a giant leap forward
in some...into this century.

- I'm doing my best, we have time.
- [Judge Judy] Thank you.

[announcer] Want justice?



[theme music playing]