Harvey Levin - The Peoples Court: How to Tell It to the Judge

Levin, Harvey;Wapner, Joseph A

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Actual Cases from the Popular Show That Explain:

Your Legal Rights Your Neighbors Rights

How to Best Prepare and Present a Case in

Small-Claims Court

COURT

from Cases Adjudicated by

Judge Joseph A.Wapner

PEOPLES

COURT

To my parents

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Digitized by the Internet Archivein 2018 with funding fromKahle/Austin Foundation

https://archive.0rg/details/peoplescourthowtOOOOIevi

Tens of millions tune in daily to watch real-life dramas unfold on the People's Court television show. Dozens of thebest of these cases have been brought together in this book,which, like the show, will teach you how to protect and enforce your legal rights while providing edifying entertainment.

If you have a mischievous pet, an unreasonable landlord,a defective toaster, a lousy painter, or a turncoat friend whowon't repay a loan, this book is for you. Cases like "P.S., IHit Your Car," "Does Your Dog Bite, Mister?," and "Abuseat the Apartment" will teach you your legal rights, the reasons for the court's decisions, and common mistakes madein preparing and presenting cases in small-claims court. Included are the common legal hassles people care about most,like auto accidents, problems with pets, defective products,personal injuries, neighborhood feuds, and many others.

The way life is, even if you don't have any problems to

PREFACE

day, it's a good bet you'll have some soon. But when youknow your legal rights, and what you can and cannot expectfrom others, you may be able to keep your problems fromturning into legal battles. This book gives you enough information to resolve many everyday disputes without going tocourt.

The laws that you'll read about apply in most states. Somestates' laws have certain quirks, but the basic rules of the gameare the same everywhere.

All the legal points in the book are illustrated by People'sCourt casesmany of them humorous, some outrageous, butall real. The litigants on the show aren't actors reenacting aprocedure. Every case that's heard on the show was originally filed in small-claims court. The People's Court employsresearchers who comb small-claims-court files in SouthernV California, looking for interesting cases. Litigants who qualify are asked to present their arguments on the show and todismiss their cases in small-claims court. In effect. The People's Court is binding arbitration. The parties agree to abideby Judge Joseph A. Wapner's rulings.

Many of the litigants contacted want to have their casesheard on the show. Their reasons vary. On The People's Court,judgments are settled immediately after the decision; in small-claims court, litigants may have a modest wait before a judgment is rendered. Some defendants find the show attractivebecause it pays the judgment. But as anyone who watchesthe show knows, most people aren't just fighting to resolvea disputethey're trying to make a point. What better wayto make a statement about a contractor who didn't do thejob, a friend who hasn't repaid a loan, or parent who won'ttake responsibility for his child's misconduct than to have yourdispute heard on television?

In point of fact, most litigants forget the case is on television. The cameras are hidden from view. What the litigants

PREFACE

do see is Judge Wapner, who has had twenty years of experience in resolving lawsuits, judge Wapner served for overtwo decades as a Los Angeles County judge of civil andcriminal cases. He began his career on the bench with a stintin the municipal court, where, ironically, his first assignmentwas the small-claims court. This was followed by his assignment to the superior court, where he served as presiding judge.Litigants trust this distinguished jurist, and they generally accept his rulings, favorable or not.

Judge Wapner says that the series can be educational aswell as entertaining, because he's given the chance to explain his decisions to the litigants (and to the general public),a luxury for which there's no time in small claims. In thisbook, it has been possible to provide even more backgroundon the law and the reasons for each decision.

These cases will make you mad, they'll make you laughout loud, and they'll make you street smart about the lawsthat affect your everyday life.

Harvey Levin

The People's Court is not my first exposure to small-claimscourt. One of my first assignments as a judge, more thantwenty years ago, was small claims.

But even before I became a lawyer, I regularly appearedin small-claims courtas a plaintiff. As an assistant creditmanager of a retail jewelry store, it was my responsibility torepresent the company in small-claims court.

My first case involved a woman who had purchased a chestof silver on a conditional sales contract. She failed to makeher payments, so we sued for the balance due on the contract. The judge in the case was Orfa jean Shontz. When thedefendant brought the chest of silver into court, judge Shontzturned to me and said, '"Mr. Wapner, this lady can't affordto pay the balance due on the contract. You take the chestof silver that she is offering and I'll dismiss the case." Thatcase made an everlasting impression on me, because it was