[Title: Debt Collection: Argument] A court hearing between Ms. Winston, the plaintiff, and Mr. Baker, the defendant.]This is the case of Sabrina Winston versus Wally Baker.Ms. Winston, why don't you tell me about what brings you here today?Thank you your honor. I'm here today because I several months ago hired Mr. Baker to do some photography of my new home,which he did and for which I owe him money.I've been unable to pay him this money and I've explained this to him,but he calls me and harasses me and he has not stopped harassing meand this has created problems at my work and at my homeand I'm not sleeping or eating and I would like him to stop.- Alright, why can't you pay him? - Because I bought a new brownstone andunbeknownst to me, the contractor overcharged me or charged memore than I expected him to and so I had- So you don't have the money? - I don't have the money.Okay, Mr. Baker how do you respond to this?I work for her, and I need to be compensated for it.My business stops. I incur costs way before I ever like have to get payment from people.I have printing materials, film materials that I have to doso everything has stopped for me. - Now, when did you do this work for her?I did the work now it is six months ago.And Ms. Winston, were you satisfied with the work?It was beautiful; it is beautiful work. I have no problemswith the work and I also will admit that I do owe him this money.However, you can't draw blood from a stone your honor [laughs]and I don't have it. - But she has a new brownstone.She's working and - One moment Mr. Baker. I have a few questionsabout your complaint itself.You say that he has been calling you; how often?Every day, sometimes more than once a day.- He calls me at work. He calls my boss at work. - That's not true. - He told my boss that he thought he should garnish my wages. - I talked to your boss once.Mr. Baker, I'll get to you in a moment.- I'm sorry, it's just totally untrue. I'm sorry, it's just untrue. It's not untrue.Okay, I'll hear from you in a moment thought. - Thank you.So did he start calling every day as soon as the bill was due?No your honor. He started calling every week after the bill was due,and then he started to call every day. And then he started to call my boss at workand tell him that he should garnish my wages so he could get paid.When did he start calling you every day?I don't know; the fourth month.Alright, how would you characterize these telephone conversations that you've been having?We started out somewhat reasonableyou know, and I would explain I didn't have the moneyand if you could just be a little patient, I would get it to him.But eventually they just became more and more irate,and I would try to explain to him and he would just swear at me and hang-up.He calls and leaves messages on my machine.I don't even listen to them because they are so upsetting.I don't answer my phone anymore. - Mr. Baker, how do you respond to that?To which part? I mean I don't even know where to start. You know first of all,I've called a collection agency just to see what their practice is.I can't afford them, but I've tried to follow logically everything that they do and that's one of the things they do is call - Collection agencies don't call at 1 in the morning.Can I talk now?Mr. Baker, have you been calling every day?I didn't even call her for the first 30 days; there were no calls.Then I called once a week so in a total of three months, that's 12 phone calls every Monday morning which is standard business practice.So yes, my frustration is increasing because I'm not eating. You know my business has stopped.This is how I make a living. - Maybe he can call less and worked more he wouldn't have to That's enough Ms. Winston; I want to hear from Mr. Baker now.But have you been calling every day? - At about theit was three monthsor four months at the four month mark I started calling every day.I had nothing else to do and I can't afford a collection agencyand so I did make a phone call to her employer too.And yes, I was calling her at work too. What am I supposed to do?It is now on like the psycho - Well how would you describe the conversationsthat you had? - The conversations? Well it dependson what you're talking about. You know in the beginning I was justit was just standard practice. And then I got progressively more and morefrustrated as time went on. And yeah, I lost it a couple of timesbecause she is totally blowing me off. - I'm not blowing him off.Did you swear at her? - I probably used a couple of swear words, yeah; I don't recall exactly what they were. You know but they were - A couple!? but I wasn't doingI never in any way threatened her.You know I did the best I could along the way to beyou know just to be pointed.She hadyou know what can I do. I have to apply pressure myself, right?I mean I neverI talked to her boss.We had a civil conversation but he said, 'You know I'msorry about your circumstances, but I'm not going to get involved in her personal life.'- How many times did you speak to her boss?Well I startedI called him once and then I tried to follow-up with him. I tried to follow-up with him because that was my only course of action because this is whereshe is an administrator at an advertising firm. - And now he is threatening my job- because my boss is coming to me. - And she can't afford $1,145?It's just like I'm not a priority to her.Now when you spoke to her boss, did he indicate that hewould welcome further phone calls from you?No, he said he wasn't interested in her personal life.Ms. Winston in your opinion, has Mr. Baker ever threatened you?His tone is threatening your honor. - Oh please.He knows where I live.It's just a matter of time before he comes knocking on my door and startspeeking through my windows. - That's an active imagination.- That's enough Mr. Baker. Mr. Baker. - Quite a story.Ms. Winston so you're telling me you feel threatened by his behavior?Absolutely. I mean he calls me at home in the middle of the night.I sit in my bedroom waiting to hear someone crawling through my kitchen.Right, right. Alright Mr.Baker is it true that you've been calling in the middle of the night?I called maybe twice at times that she would consider the middle of the night.- Your honor - So what time would you saythat you called her when you called her in the middle of the night?- Oh, it was maybe 1:45. - Two; it was 2 o'clock in the morning.- Oh, okay; 15 minutes later. Maybe it was two.Mr. Baker what would you say thatyou're trying to get with all of these phone calls?She has expressed that she doesn't have the money to give you right now.Are you thinking that if you keep on calling her that she does have the money?It is clear she has the money. - What?She just bought a brownstone. She doesn't have $1,145?You had mentioned something about calling a collection agency I think?- Yeah. - What about that?- I was just looking into those things but I can't afford them. I'm not even close to that.Now you also mentioned that you spoke to Ms. Winston's bossabout probably having her wages garnished?- Yeah, yeah. - Did you ever think about doing that?Garnishing wages? - Well you would have to go throughthe court to do something like that. - Well see I don't know that.I don't know how any of that works. I'm here now so maybe it is something I'd consider.I have one more question for you;you say that you've suffered personally and your health has suffered.- Yes, your honor. - Can you please explain to mewhat do you mean by that? - Well I'm not eatingand I'm afraid to answer my phone.And I'm not sleeping, and I have great anxiety.It has made me very unhappy and I'm getting sick; I'm getting ill from this.So you have anxiety? - Absolutely.You're having trouble sleeping? - Insomnia.Okay, I've heard enough. Thank you. I will return with my verdict.- Thank you your honor. - Thank you.

Before you can start this discussion question, please complete the Application Based Activity (ABA) assigned in Week 3 titled You Be The Judge: Debt Collection and Invasion of Privacy (Overdue or Overdone?).

In this case, plaintiff sued the defendant for defamation, intentional infliction of emotional distress, and invasion of privacy when the defendant attempted to collect on a debt the plaintiff owed him for photography work.

After completing the ABA, answer the following prompts:

Reflect on the activity and summarize how you judged the case. What was the underlining reason(s) for your decision to support the plaintiff or the defendant? Why or why not? Share what (if any) details in the case created hesitation in your decisions? Explain why. Choose one of your peers and for the sake of argument (respectfully) challenge their judgement on the case. Support your assertion/position using legal references when possible.