Judge Simpson SHUTS DOWN Payment Excuses | “Bring Your Venmo Receipts!” Courtroom Drama

Added: 2026-05-09

[00:00:00]is Gayen. Is it QB?

[00:00:04]>> This is Bejorn Graham.

[00:00:07]>> Okay, >> your honor, it's Kiwi.

[00:00:11]>> Gayen Kiwi. All right. Very good.

[00:00:15]>> Okay.

[00:00:16]>> This is a non-payment of rent case. Sir, how much are you claiming is owed? Um, including the month of January, it sums to $4,375.

[00:00:31]>> And your honor, that's that's not correct.

[00:00:34]>> Hold on. Hold on.

[00:00:37]Is that includes your cost, sir?

[00:00:38]>> Just rent. That's all I'm looking for.

[00:00:42]>> All right. All right, sir. What's your response to that, >> your honor? Um, I just checked. Uh, I've been paying over Venmo. Um, I've offered to pay Bjour rent since October. I've had the money and he's we're on a month-to-month lease. So, he's told me several different things. First, he told me cuz I couldn't pay the rent for two months cuz I got laid off from my job.

[00:01:10]But, um, I'm making money now, but I don't have enough to move out. So, basically, he just wants me out. And he told me he's like, "Just don't." He's like, "Don't give me the rent money because it'd be easier in court for me to just kick you out when I want you out." So instead of working with me because I'm not on my feet, he just wants me out and he's saying, "Oh, I hope stuff gets worse for you and all that cuz I basically blew up on social."

[00:01:35]>> But let me ask you this.

[00:01:37]>> You know, >> the amount that he wants >> the amount that he wants paid >> is incorrect. How much do you believe you owe? um 2678.

[00:01:48]Um on June on June 27th um I paid 625 for July rent. And he also did not factor in the I gave him a month rent security deposit. That's extra 625.

[00:02:04]>> No, that doesn't that doesn't come off of anything at this point.

[00:02:08]>> Okay. there there would be at least an additional 447 um of payments that I've made and this is when he's told me to not give him any money at all. I still been sending him some money cuz he seemed like he was kind of on the fence like >> Okay.

[00:02:26]>> Like so >> sir the 2678 you have that money?

[00:02:32]Um, no. Like I get paid once a week, so it's not like I'm m like I made a lot at first, but my income kind of fluctuates.

[00:02:42]Um, cuz like, you know, it's kind of like tips based. So, um, you know, I've I made a significant amount, but I don't have like savings. But like, so it would be whatever.

[00:02:54]>> Sir, sir, have you have you attempted to get any resources to help you get paid up?

[00:03:02]I don't know.

[00:03:02]>> Even with the amount that you're claiming is owed.

[00:03:05]>> Well, it's like basically since we're on a month-to-month lease, like he wouldn't even accept the rent if I offered it to him.

[00:03:12]>> I I understand that, but have you sought any other type of assistance?

[00:03:17]>> No, your honor, but I would do so if I knew the resources available.

[00:03:23]>> All right. Do you have six Your monthly rent is 625?

[00:03:28]Yeah, I don't have it now, but I I could have paid them this month. Like I offer >> Okay. I did I I didn't ask you that.

[00:03:35]>> No, currently I don't.

[00:03:37]>> You do do you do not currently have 625?

[00:03:42]>> I do not, your honor. No.

[00:03:44]>> All right.

[00:03:47]>> Um I was just going to give you the amount.

[00:03:51]So, based on my math, if you're excluding the security deposit, which he told me he plans to keep, which is an additional 625, I have 3303.

[00:04:03]Um, and I could send proof of the dates I made payments. Um, I paid on May 3rd 57, June 20th, 10. Um, >> sorry.

[00:04:16]>> Here's what I'm going to do.

[00:04:18]I'm going to adjourn this matter out to February 14th, 2025 at >> 100 p.m. That's in person. Both of you must be here. You pay through Venmo, so you need to bring me your Venmo receipts.

[00:04:33]And then plaintiff needs to bring a ledger.

[00:04:37]>> The ledger being being an accounting of what he's paid or hasn't paid.

[00:04:44]>> Okay. Thank you, your honor.

[00:04:50]and bring that in and we'll figure out exactly where you are and if it's going to be paid and how we're going to do this.

[00:04:56]>> All right. So that's >> February 14th, 2025 100 p.m. in person.

[00:05:02]>> Thank you, your honor.

[00:05:04]>> Thank you. Meadows versus Hagen. That matters. Dismissed. I'm playing this motion with the prejudice.

[00:05:12]Jordan Graham versus Gayen QB mean here on Zoom or otherwise.

[00:05:44]Do you wish to take a default in this case?

[00:05:46]>> Sure.

[00:05:47]>> Raise your right hand to be sworn. Do you solemnly swear a firm testimony you're about to give will be the truth, the whole truth, and nothing but the truth? So, hope you got it.

[00:05:54]>> Well, God, >> how much is How much are you claiming is owed in rent?

[00:05:58]>> Total owed is $3,995.

[00:06:03]>> $3,995.

[00:06:06]You have cost of 130. I don't see a >> I'm not charging anything but rent.

[00:06:12]>> Pardon?

[00:06:12]>> Nothing but rent. All the costs I'm covering, utilities, court costs, all that.

[00:06:18]>> No, I know, but I've got 130 at least in court cost. I don't have anything else on there.

[00:06:24]So, so I'll grant a judgment to the plaintiff for possession by default redemption amount including court cost of $130 or $4,125 with a rent to issue in 10 days.

[00:06:46]You'll need to fill out a judgment form submitted to the court for my signature.

[00:06:50]>> Thank you.

[00:06:51]>> Thank you.

[00:06:53]for Co's case. Uh, the people are Jared Lepic versus Andrew Elliot.

[00:07:04]>> Hello, your honor. I'm Jordan Lepic. Um, I'm also on this case. Jared Lepic unfortunately was diagnosed with influenza A this morning, so he has um his Zoom going and can mic in if need be, but he's got very little of a voice at this point.

[00:07:21]>> Okay. All right. And yes, I do him see him signed in. All right.

[00:07:29]Andrew Elliot or Travisia, is it Bell?

[00:07:34]>> Tersia Belli.

[00:07:36]>> Okay. Sorry. All right.

[00:07:40]>> Okay. What are we doing on this case?

[00:07:43]>> Um, last week, sir, you had asked that they be out of the house before the hearing today. And as of right now, they are still moving stuff out of the property. There are still people on property um including a couple of unauthorized additional roommates that weren't included in the lease. And we have yet to get in contact with Mr. Elliot. He is the named person on our lease. Um so we would just like to see what his status is. We haven't heard from him since the 7th. And the last thing we received from him in writing was an email admitting to the debt owed and the wrongdoing on his part stating that he can provide the court of a copy with this email. In his own words, he states, "We will obviously not refute what you are owed. We have no intention to. We would honor the court decision of the deck, which would additionally include legal fees. Given our contract is under the laws of Michigan, there is very little that can be garnished as the bulk of my earnings are earned as independent contractor." Um, in this email, he proposed a payment plan that we were uncomfortable with agreeing to because he's offered us specific payment arrangements over the last >> Can I Can I Can I stop you, please?

[00:08:51]>> Absolutely.

[00:08:53]>> All right. How much are you claiming is owed?

[00:08:57]>> Um, so as of right now, he owes $15,000 plus court costs of $2343.

[00:09:09]If I may, could I give you like 90 seconds of backstory, sir?

[00:09:13]>> Not really.

[00:09:14]>> Okay. Your honor, >> I don't know that I'm necessarily going to need it.

[00:09:19]>> Okay.

[00:09:20]>> Ma'am, are you mo are you moving out?

[00:09:23]>> Yes. Uh we've uh returned the key. Um I have a couple of friends uh currently helping me uh move out the remaining things. I'm actually at the U-Haul Center right now and um they are uh getting the rest of the items out presently under the supervision of the um land manager.

[00:09:45]>> Okay. So, and ma'am, are you disputing the amount they're claiming is owed?

[00:09:54]>> I am.

[00:09:56]>> You are?

[00:09:58]>> Yes, I am. Um, we owe >> how how much do you think you owe?

[00:10:03]>> So, we owe December and January. That's 10,000. We paid a $1,000 late fee in November and a $2,000 late fee in September and October. We believe that these should be subtracted from the total owed due to illegality of those fees. Um, also we were >> How much is monthly rent, >> your honor? Monthly rent is $5,000 a month. This is a 4,000 ft house that we were uncontract under contract for them to purchase and we have done a series of short-term leases as they were waiting on the >> Okay, so here's the thing.

[00:10:38]Is she right about She just listed off, I think, $4,000 of late fees that they paid.

[00:10:46]>> No, sir, that is incorrect. Those were from the previous lease. See, at first we did a 60-day lease and then we extended that once their house was not sold. So, we have two prior leases to this short-term lease, and we only enforce late fees on one of the months under those leases. And I can submit um documentation of all this, sir. So, can I >> I do have claims the AC's were sent that were never received to my account, sir.

[00:11:12]Um as well as proof of funds that I received in December and no payment was made out of that. The last communication I had about a payment arrangement was on December 13th and I was informed by Mr. Elliot that day that his wife had sent an a. However, >> okay, look folks. Oh, ma'am. Ma'am, >> here's what's going to happen. If what date are you going to be out of the premises?

[00:11:39]>> We're already out.

[00:11:40]>> Your stuff is >> already out, >> right?

[00:11:43]>> And they have surrendered the keys.

[00:11:45]>> Yes. And uh it's in the process of being um removed as we speak. Um so we are out. Um, it'll be another hour or two, I think, before it's all completely all of our stuff is gone.

[00:11:59]>> So then the only issue is what's out, >> right? Um, oh, I also want to bring up, if I may, your honor, um, we were subjected to a wrongful lockout. So, we are due three times damages of the $150 for a locksmith as outlined in Michigan's anti-lockout statute totaling $450, which I also have evidence of.

[00:12:20]>> Okay.

[00:12:21]folks. You're >> rent house because they failed to pay rent. I have six children. These people make $350,000 a year is what they claimed on the rental application. I'm going to lose health insurance tomorrow and my house is going into a foreclosure period as of tomorrow is 90 days late.

[00:12:39]They have money. They had subletters or whoever living with them. And I don't know if they were running a homeless shelter, if they were pocketing the rent that their roommates paid. They've just been sitting in my house, sir. This is incorrect.

[00:12:51]>> Okay. All right. So, here's the thing.

[00:12:57]Possession has been granted. There are two parts to the case. Possession's been granted or surrendered to the plaintiff. So, possession is not >> Sorry.

[00:13:13]>> Pardon?

[00:13:14]>> There are still people at the house. Um, one of them is had a residence established there apparently. Um, they're still at the house and unfortunately our property manager expired at noon today as it is the last day of the month. Um, so any cleanout of anything left behind, I'm going to have to go assess for any damages left on my own next week.

[00:13:37]>> All right.

[00:13:39]Okay. So, here's what I'm going to do.

[00:13:42]They've surrendered possession of the unit. Ma'am, to your knowledge, are there people in the premises?

[00:13:54]>> Yes, there is.

[00:13:56]>> Are there people still in the premises?

[00:14:01]>> Uh, I don't know. I I would have to text them. I don't know if they're on the premises presently. Um, but we were told that we could get the remainder of the items out. Um, so they would be doing that if they are not presently at the U-Haul Center where I'm where I am now.

[00:14:24]>> I'm just here. Possession to the premises has been surrendered. Ma'am, as of um given everything that I'm hearing, your your management contract expires what?

[00:14:42]At midnight tonight. Is that the deal?

[00:14:44]Or >> Yeah. Yes. And we can't afford to pay a property manager anymore.

[00:14:49]>> Hang on. I I hear you. I'm just trying to Because you're in you're in North Carolina, right?

[00:14:56]>> Yes, sir. Um, but I will have to make a trip up to North Carolina to assess anything.

[00:15:01]>> I know. I know. I'm just I guess you're out of state.

[00:15:08]You've got a property manager here that won't be the property manager tomorrow.

[00:15:12]>> Yes, sir.

[00:15:14]>> What?

[00:15:22]I should let you guys talk and then I'll just go and back and then come back out because either you're going to listen to me or not.

[00:15:34]Possession's been surrendered. I'm going to give the authority I'm going to grant to the plaintiff the authority to pres prevent waste under um 4.201 2011 I that you may lock and secure the premises effective 3:00 today.

[00:16:02]The reason I'm doing that is so that you can get your property manager go over there. You can order a locksmith. You can change the locks at 3:00 p.m. today.

[00:16:11]whatever else needs to get out. If you don't get it out by that time, you said you surrendered, you've given them the keys, they giving you grace to get some of the stuff out. If it's not out, >> not out will be locked.

[00:16:24]>> Thank you.

[00:16:27]>> Then the issue regarding the money is going to have to be done. Now, I might as well because the parties don't seem to agree set this matter for trial. You have to come up next week. Is that correct, ma'am?

[00:16:41]>> Um, yes, sir.

[00:16:44]>> Okay. So, trying to time this. When, if you come up, how long are you going to be up here?

[00:16:54]>> Um, very short amount of time, sir. As I have children in North Carolina in school, so a day.

[00:17:03]>> So, if I set Well, I was just going to set this for a trial. So, I can set a trial date, but I'm going to need the parties in person because apparently there's going to be a lot of documentation. So, I'm trying to set it. So, here's what I'll do.

[00:17:23]What's my Cuz we're really talking about the money, but we got to get the premises secured first. So, we've dealt with that. Um, what's my date? Mark the 11th.

[00:17:43]All right.

[00:17:45]So, what I'm going to do is I'm going to set a non-jury trial as to the money issues for March 11th, 2025 at 9:00 a.m. That's in person. So, I've tried to set that, ma'am. I tried to set it out far enough so that you could make arrangements or do what needs to be done to come up. We'll hear it that day. So, if it has to be a one-day trip, it's a one-day trip, but I've just tried to put it out to Well, I think you get what I'm saying.

[00:18:23]Okay.

[00:18:24]>> Absolutely.

[00:18:24]>> But I'm allowing you to secure the premises. You're going to come up here, check on it. That way, you can assess what damages or other things there may be there. bring ledgers, all other documentation you want the court to look at on the on March 11th and then we'll hear your case. Okay, >> your honor, might I ask one question?

[00:18:46]>> Sure.

[00:18:47]>> Rather than pushing it out, I can make arrangements. I will make it work. Like I said, we're actually going into a for a 90-day foreclosure period tomorrow.

[00:18:56]And so time is kind of essence.

[00:18:59]>> Got it. Then the best I could do is the 18th. What day?

[00:19:05]>> Yeah, but the best I could then do is February 18th. I could push it up to that date.

[00:19:12]Will that be better for you?

[00:19:14]>> Yes, sir. Thank you so much.

[00:19:16]>> So, non-jury trial in this matter then will be set for February 18th, >> 2025, 9:00 a.m.

[00:19:28]>> Okay. And one more question. Will Mr. Lepic have to appear as well or will we be appearing sufficient just because he can't afford time off of work right now?

[00:19:38]>> Well, he might want to have himself if you're here. He may want to have himself. I would allow understanding child care work those things. I would allow him to appear via Zoom.

[00:19:57]>> Thank you. And as far as Mr. >> So that he's present, >> but you will have to be here in person.

[00:20:05]>> Understood. And Mr. Elliott, >> um, he needs to appear. If he doesn't appear, then I do what I got to do.

[00:20:14]>> Okay. Thank you, sir.

[00:20:16]>> Your honor, may I may I ask a question?

[00:20:19]>> Sure.

[00:20:20]>> Um, my my partner might not be able to get off work either. Um, but I can show up.

[00:20:28]Is that a problem?

[00:20:30]>> I will give you the same Okay. I will give you the same opportunity to see I give the other side in fairness. So, you may appear, >> but he would have to be available via Zoom.

[00:20:44]>> Okay. Thank you so much.

[00:20:47]>> Thank you.

[00:20:51]and are Elliot and Burell.

[00:20:57]Are they here?

[00:20:58]>> I'm here, your honor.

[00:21:02]>> Why aren't they here?

[00:21:03]>> I'm here, your honor. Um, >> was dismissed that she's not a party and she's not a lawyer.

[00:21:13]>> Um, your your honor, if I may.

[00:21:17]>> Go ahead. Um, I I have evidence. I didn't know whether I was still allowed to appear in person as a result of the notice to have me dismissed. My partner is not able to get off work, but I have um evidence for the court in defense of >> Well, I can't ma'am. I I see now the notice of dismissal. You've been dismissed from the case. He's not here.

[00:21:44]He needs to be here.

[00:21:46]>> Understood. Um, I've I've been messaging with my partner to see if if they can do something to make it. On the meantime, I I I do I do have evidence that I have been given that I can put forward.

[00:22:02]>> He needs to be here.

[00:22:05]>> Okay.

[00:22:09]>> If not, I'm going to default him because he needs to be here.

[00:22:13]>> Understood.

[00:22:15]When is he going to get here?

[00:22:17]>> Um, I I I don't know. Uh, again, my partner is in the middle of work um doing everything that can be done to be present.

[00:22:28]>> Well, just to be fair to each side, I give him 20 minutes. He's got to be here. If not, I'm defaulting him.

[00:22:35]>> Will that work for you, Mr. Lloyd?

[00:22:37]>> 20 minutes it is, your honor.

[00:22:38]>> All right. 10:50 our time.

[00:22:42]Okay, that worked.

[00:22:49]>> Yes. Here.

[00:22:53]>> That's Mr. Lee, right?

[00:22:54]>> Yes.

[00:23:00]>> Andrew Elliot.

[00:23:03]No response. Would you like to take a default? I gave >> All right. Raise your right hand. Do you seldomly swear affirm testimony you're about to give will be the truth, the whole truth, and nothing but the truth?

[00:23:11]Self you got. I do.

[00:23:12]>> Go ahead. Your claim, sir.

[00:23:14]>> Uh your honor, there's two over right now in the amount of 15,000.

[00:23:19]There is uh practive water bill hasn't been paid in the amount of 584.

[00:23:27]Uh there is a question, your honor, about late payment charges and if you want can address those. the court had commented on in the last hearing and because of the amount they >> Yes. And they were rather large.

[00:23:44]>> Might make a pitch.

[00:23:46]>> Certainly.

[00:23:48]>> What's going on in this case? I agree.

[00:23:50]As a purely landlord tenant case, the amount of late payment penalties is large. That was But in the context of the sale of the real property based out of earnest money and late performance of purchase agreement, the amount is perfectly normal. I mean, I'm told that this was a $700,000 being sold only 1% or 2% earnest money. And so in terms of the a good fake attempt for the play to establish a number that could uh reflect the consequences of the default, I think the late payment charges large but not unconscionable. I don't know what the standard >> I think it is. Well, I would say that the late fees are unconscionable and also the late fees can't be liquidated damages in the scenario you put up.

[00:24:47]They could be in a certain respect. Um, in this instance, the late fees have to be related to the landlord's ability to collect rent in some reasonable amount. So, I would not allow them. If you want a hearing on that, you show it to me. Then >> the I I see it in a different way. In the context, I think I am less shocked.

[00:25:16]I mean because I 2% would be a typical earnest money deposit. This is less than that. But in the context of monthly rent payments I'm not going to make that argument.

[00:25:28]Uh your honor there is now uh we have an earnest not earnest money a security deposit I want to be applied.

[00:25:36]I've got damages of 1584 15584.

[00:25:42]We'd like to apply the uh security deposit of 8,550 and what we'd like is a judgment uh 7,034. I don't have my costs >> 7,000 >> 03460.

[00:25:59]Now that's the net judgment >> after application of >> after application and I have a judgment for the >> So here's what I would do. I would take your total make it clear under the further orders provision that this the court is permitting this security deposit to be deducted since they vacated the premises so that the full judgment is actually the full amount and then the security deposit being deducted so that we don't have because I think there's going to be a problem if we do it the other way. I I have prepared a form if you can see uh let me fill it out. I'll prepare it. I'll offer it to the court. Right.

[00:26:43]>> All right. And your core cost in this case I have 130.

[00:26:51]I don't >> process.

[00:26:57]>> I have the process serving. I have zero service fee on both. I have no service being.

[00:27:06]>> So that would give us 205 I believe. And >> yes, 205.

[00:27:12]>> I will pretend.