Paying for a Funeral

[00:00:01]Plaintiff Melvin [music] Alexander Jr.

[00:00:02]is a funeral director and he claims after the defendant's son passed away he picked up her son's body >> [music] >> and started to prepare for the funeral.

[00:00:10]However, Melvin was forced to evacuate due to Hurricane Rita [music] so he took the body with him. Melvin says he eventually returned with the body [music] and provided him with a proper funeral but he has yet to be paid for his services. [music] Defendant Tiffany Jenkins says her son passed away at the age of 11 but she feels he's in a better [music] place because he was extremely sick. Tiffany admits that Melvin held a funeral for her son but she doesn't feel she should have to pay because [music] no costs were ever discussed and she was unhappy with his services.

[00:00:43]>> All right, tell me what happened.

[00:00:44]>> Well, your honor, on the about September 17th, uh, I get a call from Ms. Jenkins that her son died, Deshawn Bondage and, um, I immediately went over and made the removal and done everything necessary for the funeral for Deshawn.

[00:01:02]But during that time we had a mandatory evacuation, Hurricane Rita came through.

[00:01:08]So, we all had to evacuate. So, me being a professional that I am, I took her son and I evacuated him from Houston >> Mhm.

[00:01:16]>> and took him to Taylor, Texas.

[00:01:19]And so, >> [clears throat] >> after everything was clear to come back, uh, I brought him back to Houston and we proceeded with the funeral arrangements. I was >> Before you continue, let me see if she wants to give me any background on this.

[00:01:33]>> Uh, my son had cerebral palsy. He was 11 years old when he passed away. Uh, he did pass away September 17th. It was my birthday. Um, he's in a better place now. Uh, I did not contact Mr. Alexander. Uh, my cousin contacted him.

[00:01:49]Uh, originally, uh, Deshawn's body was already at another funeral home. We didn't have any insurance on Deshawn.

[00:01:56]Mr. Melvin Alexander told me, you know, I know that y'all don't have any money, but we can do this for as cheap as possible and we'll take care of it. We went and got Deshawn from that funeral home he was at because Mr. Alexander said it was more expensive there.

[00:02:11]>> of the weather.

[00:02:11]>> No.

[00:02:12]>> All right. So, you removed the child from Houston because Rita was threatening.

[00:02:19]>> Yes, sir.

[00:02:19]>> Took him to another area and then brought him back to the Houston area where the service is were performed.

[00:02:25]>> Yes, sir.

[00:02:26]>> All right. So, go ahead.

[00:02:28]>> Okay. Now, after we get back, I went on to provide the services. I made arrangements for police escorts, programs, flowers, the casket, and everything else. And actually, the funeral was supposed to be September the 24th.

[00:02:45]But the funeral didn't actually go down until 10/2.

[00:02:50]10/1 or 10/2, somewhere like that. And you know, we provided the services that was asked for.

[00:02:57]Uh two limousines and all of that type of stuff. And I think Tiffany still owes me $2,310.

[00:03:07]>> When you say you think, what are you basing your thoughts on?

[00:03:11]>> Well, your honor, I believe she paid me some, but during that hurricane, some of my records was lost. Some of my books was lost.

[00:03:20]And I do know that we did pay for some of the items that were requested.

[00:03:28]>> Let me ask her if she has paid and if not, what does she believe she owes because, sir, you don't sound certain and you say your records were lost.

[00:03:38]>> I don't believe I owe Mr. Alexander anything, first of all.

[00:03:42]No monies were discussed with me about how much everything was going to cost, including him being evacuated, how long where had to be gone, how much it was going to cost per day to store it, not anything, not even the flowers. The flowers he says that he set up for, they were all fake. Not one real >> What about the funeral services that were performed when he Excuse me. When he returned back?

[00:04:07]>> Okay. He did the whole funeral. He drove the family car, which was one limousine.

[00:04:12]He also did the funeral procession himself.

[00:04:17]>> Uh I don't know exactly. We paid a certain a partial payment to him, and then he also took up a collection at the funeral.

[00:04:25]>> And you don't know if the money you were paying to him was to go toward any of the funeral services?

[00:04:31]>> Yes. Uh the partial of the money that we paid for him was for the casket itself.

[00:04:36]But he's saying he was telling me later that [clears throat] it was not paid for. And I also don't even know how much they took up at the collection.

[00:04:44]>> you paid?

[00:04:45]>> No, I paid 700. That's what we had, cuz like I said >> amount you paid toward the funeral services?

[00:04:51]>> Uh I have no idea how much of a collection was taken up at the funeral.

[00:04:54]>> I'm asking about you.

[00:04:55]>> Yes, that's all.

[00:04:56]>> Total amount you paid was 700?

[00:04:58]>> Yes, the total amount that I paid.

[00:04:59]>> collection taken?

[00:05:00]>> At the funeral, the day of the service.

[00:05:02]>> And where were you located?

[00:05:04]>> I was there.

[00:05:05]>> And you never bothered to ask?

[00:05:07]>> At the time, I wasn't in emotional s- >> How about later?

[00:05:11]>> Later on, I He never did come to me again about any money that we owed him.

[00:05:16]So I figured that it was taken care of.

[00:05:18]>> Okay. So you assumed the collection took care of it.

[00:05:22]>> And she says you never approached her about any remaining balance.

[00:05:26]>> That's not true.

[00:05:27]>> When did you first approach her about any balance?

[00:05:29]>> I approached Tiffany the day of the funeral.

[00:05:33]>> What did you say?

[00:05:34]>> When I went to pick her up, I said, "Tiffany, you still have about Mr. Alexander, I have some checks, and after the funeral, I will give you the >> a collection?

[00:05:42]>> Yes.

[00:05:43]>> Did you let her know how much that was?

[00:05:45]>> Yes, $200.

[00:05:46]>> When did you tell her?

[00:05:47]>> $200. That day. The same day.

[00:05:50]>> All right.

[00:05:51]When did you When was the next day that you followed up on your request to be paid?

[00:05:56]>> Monday. That Saturday I talked to Tiffany.

[00:05:58]>> The funeral was Saturday. And on Monday what occurred?

[00:06:02]>> She told me to come and so I called Tiffany.

[00:06:06]>> She told you to come where? To her home?

[00:06:08]>> To her home.

[00:06:08]>> Uh-huh.

[00:06:09]>> I went to her home. There was no one there.

[00:06:12]Okay, so >> Did you ever reach her that day?

[00:06:15]>> No.

[00:06:16]>> When is the next time you did reach her?

[00:06:18]>> I have not talked to Tiffany until somewhere like about November.

[00:06:22]>> And what did you all discuss then?

[00:06:24]>> Well, I asked Tiffany about those checks. She said she had some bills to pay. And so she said >> tell her how much she owed?

[00:06:31]>> Yes, sir. I have a a signed piece of paper.

[00:06:33]>> you told her. You said, "Tiffany, you owe me what amount?"

[00:06:37]>> I told Tiffany she owed me about $2,300.

[00:06:39]$2,300.

[00:06:41]>> He never told me.

[00:06:42]>> mid-November did you speak with him?

[00:06:44]>> No.

[00:06:45]>> When is the last time you spoke with him?

[00:06:47]>> time I spoke with Mr. Alexander was sometime uh this year that just passed in November. He That's what he said. And I just spoke to him passing by. We didn't uh discuss any funeral expenses.

[00:06:59]>> Okay. Why do you think he, without discussing it with you, just decided to sue you?

[00:07:04]Most people don't do that.

[00:07:06]>> I I'm not sure. Uh I understand from what my cousins them say that his funeral business not going well. I don't know. All I know is he has been knowing since the beginning there was no money to bury him.

[00:07:17]>> I'm inclined to believe him. Most people do not file lawsuits without first trying to collect their money. He's going through a tremendous inconvenience to do so. People don't take themselves through such an inconvenience before calling and saying, "Are you going to pay me and when you're going to pay me?"

[00:07:35]You said he has never done that since the funeral and I don't believe that.

[00:07:41]All right. Does your witness want to speak?

[00:07:43]>> Uh >> Come on up.

[00:07:45]State your name.

[00:07:46]>> My name is uh Kimberly Craft.

[00:07:47]>> What do you want to tell me?

[00:07:48]>> sister. Well, first of all, uh at the time she didn't have a number, so the number that he tried to contact her, it would have been my mother's. So, he couldn't have possibly contacted her.

[00:08:00]>> saw me in November.

[00:08:01]>> Um well, I guess that one time, but once again, if he came to the house, the house that he's talking about was my mother's house.

[00:08:09]>> they spoke >> Yeah, nobody said that.

[00:08:11]>> do you account for that?

[00:08:12]>> Well, I don't know if he spoke with her then, but he said >> he did.

[00:08:15]>> He said right after the funeral >> She said in November. Did you just hear?

[00:08:19]She said, "I spoke with him in November." So, how do you account for that?

[00:08:23]>> what I'm saying is about the phone calls. He said that >> talking about money. That's what we're talking about. Do you have anything to say about that?

[00:08:29]>> No.

[00:08:29]>> Thank you.

[00:08:30]Does your witness want to speak? State your name.

[00:08:33]>> Barry Franklin, owner of a life celebration by Franklin the Funeral Home.

[00:08:37]>> you want to tell me? Now that you've finished with your commercial.

[00:08:43]>> THAT THE CHARGES I wrote the checks that paid for where the service was held that it was held at the funeral home in uh Baytown. I wrote the check, wrote the check for the casket.

[00:08:53]>> For how much? What was the total amount that you paid?

[00:08:57]>> The total amount of checks that I paid for was around $3,000.

[00:09:00]>> All right. And who was to repay that?

[00:09:03]>> The defendant.

[00:09:04]>> All right. And what do you know of her having paid?

[00:09:08]>> Nothing.

[00:09:08]>> All right. She said she's paid 700.

[00:09:11]And you said she paid something.

[00:09:13]>> Yes, so she paid something.

[00:09:14]>> So, if I'm to believe that she paid 700, and you say there was another 200 in the collection, >> Yes.

[00:09:21]>> so that would make it $900 toward his $3,000 payment, so there would be a balance of 2100.

[00:09:30]And that's going to be your judgment, because ma'am, I do believe he attempted to collect his money. I think you're being dishonest with me when you say he saw you in November, you all spoke, and he never mentioned his money. Instead, he just proceeded with this lawsuit. You also give me a lot of sketchiness in your testimony regarding how much you paid, when you paid it, and this gentleman testified to writing $3,000 worth of checks. You testified to paying $700. He testified to collecting $200.

[00:10:03]As such, I'm going to grant $2,100.

[00:10:07]Have a good day.

[00:10:08]>> Thank you, Judge.

[00:10:09]>> [applause]