 Case dismissed. It's no joke, Betty. All I can hope is it's a mistake. I'm sure there was some silly notice I got just before I entered the service, but this... According to this paper, I owe more than $8,000 to a woman I actually haven't seen for 13 years. Today, the dim pass catches up with the young family man, places him in a frightening financial position. What can be done now to have his... Case dismissed. WMAQ in cooperation with the Chicago Bar Association presents Case Dismissed. This is the story of your legal rights, how vital to preserve and protect them, how easily they may be lost. Today's story begins with a carefree family, a young man and wife and their small son driving home from the airport. Leave me, honey, after this sales trip there's a promotion and a raise in our future, or my name's not Victor J. Hollis. Oh, I'm so happy for you, darling. Let's be happy for all three of us. I mean, well, all four of us, you might say. Yes, I guess you might. How is everything? Oh, fine. Just fine, dear. Yes, ma'am, a few more sales trips like that. One of this advertising boy's gonna see his name on the firm's front door. Oh, golly. Blutcher, Fanning, Slipcross, and Shelby Advertising Incorporate. And Victor Hollis. Okay, so we have to buy a wider front door. Ah, enough about the great fake Hollis. What about wife Betty? How was she over there? Very exciting. And you may be interested to know that I got a very important signature too. No, who? The landlord. Really? You got the lead. Mm-hmm. For the six-room apartment. Oh, boy. Oh, Vic, we can move in June 1st in just three months. Isn't that terrific? Terrific is right. And just in time, too. Can you imagine two little toddlers in our tiny apartment? No, ma'am, I can't. I'm surprised this one little character here hasn't filed a complaint. Gee, that really is swell news, huh? Anyway, business is going now. We'll actually be able to afford the new apartment. Well, almost, anyway. Oh, it's true, Vic. With all the expenses and problems we've had the last few years, it just seems as if things are beginning to break at last. Yes, ma'am, it really looks as if everything's going our way. Ah, home at last. Good old miniature manner. In three months, we can forget that name. Oh, I won't ever. I'll always treasure the memories of every cramped moment we've spent here. Oh, so will I, dear. Oh, here, take. I got the keys right hand here. Don't put little Vic down. He's practically asleep. Excuse me. You don't happen to be Mr. Victor Hollis, do you? Sure. What can I do for you? I'm Deputy Sheriff Anderson of Cook County, Mr. Hollis. I'll have to serve you with this execution. Execution? What's an exit? Whereas judgment was rendered against you and so forth, so forth the plaintiff held in weeks, some of $5,000 plus accrued interest at 5% for 13 years, that judgment never satisfied due and payable to the amount of $8,250. It doesn't. What is it? Is this some kind of a joke? No. It's no joke, Betty. All I can hope is it's a mistake. I'm sure there was some silly notice I got just before I entered the service. But according to this paper, I owe more than $8,000 to a woman I actually haven't seen for 13 years. It was almost as if fate had been listening in on our joy and had decided to blight it. After dinner and when the baby had been put to bed, we sat down in the living room to view our misfortune. I tried to sit through 13 years of memories to tell Betty the story behind it. It was just 13 years ago, dear. I was 13 myself at the time. This particular evening in 1941, my dad brought the truck home from the market, and after we ate dinner, he lay down on the sofa. He was dead tired and I was full of the devil. Dad? Dad, hey, Dad! Yes, Vic? Dad, where are we going to get a car? We have the truck, Vic. We don't need a car. Oh, you can't go riding around in a truck, Dad. That's for delivering stuff. Where do you want to go around riding, son? Oh, I don't know. Maybe we could find a little time to go riding this Sunday out in the country. The truck wouldn't be too bumpy. Oh, but it's not like a real car you can drive around in. I wish we had one like Ricky Henderson drives to school. Oh, that's a beauty. Ricky Henderson? Is he one of the older boys? No, he's in my grade. He drives to school every day. By himself? Sure. Well, there's a chauffeur along. They're real rich. He lets Ricky drive it whenever he wants to. Well, I don't believe in that, Vic. 13's too young for a boy to drive. Oh, I don't think so. Things happen fast when you're driving, son. You must always be ready to do the right thing in a hurry. You can't do that when you're only 13. Oh, I know just what to do. Well, in a few years, yes, Vic. For now, you'll be satisfied. We don't have lots of things, but we got a nice family, Vic. Lots of boys don't have nice brothers and sisters. Now, you just be contented. I'll take you for a ride this Sunday. You wait and see. Okay, only I don't see why. Now, no more now. Let me rest a half hour. It'll be a busy night at the market. Dad? Yes, Vic? Can I go to the show tonight? No, Vic. Oh, can I, please? No, indeed. You know it's a school night. Yeah, there's nothing to do around here. Why don't you go and work with your stamp collection? Oh, not that, John. You have any homework? I finished it. You sure? Sure, I finished it. Dad, oh, come on, Dad. Let me go to the movies. Just this once. Dad? Oh, he's asleep. I was plenty burned up the way my dad was acting. Then I saw his delivery truck parked at the curb. I knew I wasn't supposed to get into it when I was alone, so naturally, that's the first thing that entered my mind. I got inside the cab and began playing with the controls. But that wasn't enough. I decided I knew all there was to know about driving, and by gosh, I'd prove it to my father once and for all. I sneaked into the house, grabbed his keys from the desk, and ran back to the truck. The starter was easy to find. I had just a little trouble telling the clutch from the brake. But this didn't faze me. No time I had it solved, and also the matter of stepping on the gas. This was as easy as falling off a log. Of course, I was going a little faster than I actually intended, but this was no problem either. I had a great deal of confidence as I started into the next block. Why not drive around the neighborhood a little and let all the gang see me? Dad wouldn't be leaving for another 20 minutes. He'd never know the difference. I reached Milwaukee Avenue and there was a stoplight ahead. I didn't know the clutch pedals from the brake. The light changed to red and I sailed right through. Then there was a car parked right ahead, and before I knew it... Wake up, Vicki. It's your dad, Vick. Can you open your eyes, Vick? I don't move around, Vick. You're going to be all right. Just take it easy. I was in an accident. What was I...? Yes, son. But the doctor says you're all right. Don't worry. You're going to be all right. Yes, Vick? No, no, no. Just take it easy, son. There was a girl in the parked car you hit. She's quite badly injured. That's how it all started, Betty. The girl's name was Helen Weeks. During the next few months, we heard that name many times. She recovered completely from the concussion and the broken arms. I was a completely penitent young fellow, as I recall. Really learned my lesson in obedience, but at what a cost. Well, Vick, you and I are being sued by Miss Helen Weeks for damages. Really, Dad? Yes, I'm afraid so, son. But, Dad, they're rich people. Her dad has a lot of money. That doesn't make any difference, Vicki. If we owe them damages, wealth has nothing to do with it. How much are they suing us for, Dad? She's asking $5,000. $5,000? Well, that's impossible. It might as well be $5 million, Vick, or $500. I simply don't have it. I know that, Dad. I don't know what to say. I told you so many times how bad I feel. No, no, Vick, we've been all through that and I don't want to hear any more about it. What's done is done. I know you've learned the lesson you'll never forget. A present problem is what to do. And I've asked my old friend Arnold Thurston to give us some legal counsel. I remember how Arnold Thurston came to our rescue and explained to Dad just where we stood legally. I think I can recall just about exactly what he told us. Dad was out of it. That much seemed pretty clear to Mr. Thurston. In the first place, he wasn't present in the car when the accident occurred, but equally important, he was not in any way responsible for my being in the car. I was on no errand for him, in other words. Does that make a difference, dear? Oh, yes, yes, a big difference. I think they refer to it as agency. You see, in other words, if a minor is using a family car with permission of a parent and is driving on behalf of the family or parent, in other words, as an agent of mother or father, then the parent becomes liable for anything that might happen. Well, you certainly weren't acting as your dad's agent that evening. No, say I wasn't. Dad didn't even know I could steer a car, let alone drive one. And to completely absolve him, I'd swipe the keys without his knowledge. Well, Attorney Thurston explained all this carefully, and Dad's insurance company defended him on that basis. But I was another question entirely. In the first place, Dad's car insurance wasn't the kind that would cover any liability but his own, or that of someone driving with his permission. And that certainly didn't include me. But when the hell in week's damage suit came to trial, her lawyer questioned my father and me, and he exhausted every possibility of proving I've been serving as my father did. Now, Mr. Hollis, you say you promised to take your son for a ride that following Sunday. Did you also imply that you might let him drive at that time? No, sir. I did not. Mr. Hollis, when the boy professed his desire to learn to drive, what did you say to him? I told him I didn't approve of boys driving at the age of 13. Not even in the neighborhood? Close by? No, sir. Not even in the neighborhood. Tell me, Vic, when did you notice your father's keys had been left in the truck? But they weren't left in the truck, sir. I sneaked in the house and took them from my father's desk. All right, young man, I am just about through. But I would like to know whether you might have stopped along the route at, oh, perhaps a neighborhood store and bought something for the family? Perhaps some candy? Perhaps... No, sir. I didn't stop anywhere. You are quite sure? Yes, sir. I'm very sure. Very having been waived, the court finds from the evidence that John Hollis was not present in the car at the time of the accident, that the son wasn't acting for John Hollis as his agent in any way, nor did he have Mr. Hollis' permission to operate the car. Court finds the defendant, John Hollis, not guilty. As for the boy, I find he is a minor, age 13, but still responsible for his negligent acts. I further find he was driving illegally and negligently, having traveled at an excessive rate of speed and threw a stop light. Court further finds that as a result of this accident, the plate of Helen Weeks sustained injuries causing medical bills, shock, and loss of time. Court therefore awards damages in the amount of $5,000. I move for judgment on the finding, Your Honor. Judgement on the finding for $5,000 is added. Well, there I was, Betty, 13-year-old kid with a $5,000 debt on my back and not even a paper rough for income. The whole thing was pretty impossible. But don't think we weren't concerned about the injured girl's side of the picture, too. Oh, of course you weren't, dear. But what could you do? That's about what Dad said after the trial. At 13, you don't get the full impact of things like that. But it hit my dad pretty hard, believe me. I wish there was something we could do about that $5,000, son. I've thought and I've thought. But there just isn't any way I can raise it. Making both ends meet at home here, and that's absolutely all. He did it. It's not really your words. But Judge, that's all. Legally, that may be true, Vic, and even morally. Attorney Thurston told me I'm not bound to stand behind that debt. But, son, what involves my children must involve me. I don't see why, Dad. Someday you will, sir. Someday you will. Well, Betty, Dad brooded about that debt until the day of his death. Oh, what a shame. Yeah, now it looks as if the chickens have come home to roost after all. What are we going to do about it? That's the jackpot question, honey. You couldn't have come at a worse time right when we were beginning to get our family on solid financial ground. The baby coming, new apartment? What can we do, Vic? Well, I can answer that. Nothing. Absolutely nothing. I'm no more able to pay that $5,000 than I ever was. But we have just a little over a thousand in the bank as it is. Well, as mother used to say, they can't get blood out of a turnip. Only, darling, what happens if they don't? Well, I doubt if they'll throw me in jail. I think the debtor's prison is a thing of the past. Vic, why are they trying to get the money now after all these years? That puzzles me, too. 13 years. Hey, wait a minute. What? Isn't there some kind of a national law about the statute of limitations or something? You know, about a debt being uncollectible after, gee, I think it's seven years, isn't it? Well, I've heard something like that, dear, but don't take my word for it. Look, honey, I gotta hunch this debt's too old to collect. And besides, no matter how I may feel about it personally, I still can't pay it even now. Absolutely impossible. Well, then what are you gonna do, Vic? Well, I'll fill out this schedule itemizing my personal property, the way it says to do here in this execution paper, and I'll file it with the court and they'll see I can't pay that debt. Do you think that'll settle it, dear? Honey, I'm practically sure of it. Hi, honey. How's everything? All right. How'd you guess it? Well, to be different today. Aren't sore, are you? Of course. You and the boys get that issue pretty soon. I'd like to get reacquainted with my husband. Okay, honey, I know what you mean. But we'll have the campaign licked by tonight. And this weekend, the theater, dinner downtown, just name it and it's yours. I'll hold you to those rash promises. Oh, say, Vic, that reminds me. That schedule of personal property you were supposed to make out for the court. Oh, hang the luck with this big campaign taking every waking hour. I completely forgot that. How soon was that supposed to be in court? 10 days. Oh, good lord, this makes two weeks. What can I do? Well, we haven't heard a word about it, so I guess there's no harm done. I'll make out that personal property list this weekend. Oh, say, I'll have to hang up. I seem to have a visitor, hon. Okay, get home as early as you can, dear. Okay, honey. Goodbye. Bye. Victor Hollis? Yes, sir. I'm from the sheriff's office. I have a summons for you. Citation to discover assets. Victor Hollis, failure to answer execution, hereby summoned to be present, Judge Mark Nelkart, right, room 1312, county building, Thursday, March. Answer questions regarding personal property. If you do not appear, contempt of court. Contempt of court? Hey, this is really serious. I'm in this right up to my neck. Oh, it's quite a mess, honey. What happens to that promising career of mine with the sheriff practically sitting on my desk down at the office? Can't we do something? Sure, we have to, and fast. Oh, no, no, don't worry, dear. I'm sure there's a way out of this mess once I find out where we stand legally. But we don't know any lawyer. Your father's lawyer died, didn't he? That's right, but I do know where to find one. I'm going into the Chicago Bar Association Monday and talk to the man in charge of their lawyer reference plan. In brief, that is. Well, you've given me sufficient facts for our lawyer reference purposes, Mr. Hollis. You see, we're careful to recommend only a lawyer who's well qualified in the field of your particular problem. Well, this is quite a public service. How many lawyers do you have on your list? About 600, Mr. Hollis. They're carefully screened and must pass experience qualifications before they're included in the lawyer reference plan. And naturally, we take them in rotation. I see. They go about paying for this service. Oh, there's no charge for the referral service here, Mr. Hollis. But there is a standard payment arrangement for your first consultation with the lawyer we refer you to. $3 for the first half hour. And if it's going to take further work to settle our problem, I suppose the lawyer and I work out our own arrangement exactly. Now, the man I'm recommending for you is Jeffrey Wall. I'll call him and arrange an immediate appointment. No, Mr. Hollis, I think before we discuss any action in this case, it might be wise to interpret some of the points that seem to have baffled you. That sounds like a good idea, Mr. Wall. I just don't understand this situation of a claim coming back to Houndafella after 13 years. Well, there's a good spot to start. While it's true that certain types of liabilities do become unenforceable after a few years, if this judgment was properly revived, it's still valid. Well, now at 26, I have to pay for a mistake I made when I was 13. That's right. Another point on which you may not have this matter of your ability to pay. While I fully appreciate your financial problem, Mr. Hollis, you should realize that the plaintiff in this case can make life pretty miserable for you, both economically and socially. Well, I'm beginning to understand that part already, Mr. Wall. Investigations of my earnings, garnishment of my commissions, things like that are going to help me get ahead with my employer or even keep my position with the firm for that matter. Well, what's the course of action? A settlement. $5,000. Corrections. $8,250. That's 5% interest over 13 years. Couldn't they get away with that, too? Yes, I'm afraid they can if they wish to, Mr. Hollis. Well, as I say, I've got $1,000 in the savings account, and that is all. What about a loan? A loan? Look, I don't want to go into Hock. It's probably your only way out. They'll force you into it, I'm afraid. Really? Well, my credit's okay. I can get a loan. But not for the additional $7,250. I see. Well, then, in that case, it appears you'll have to negotiate with the plaintiff. Often you can get a fair reduction through a settlement of that sort. Well, I'd like you to handle the negotiations for me, Mr. Wall. Fine. I'll be glad to do so. All right. Now, can I talk to you about your fee? Yes, of course. In just a moment. The first item of business will be a conference with Mr. Charles, the plaintiff's lawyer. And I'd like to make an appointment with him right now. Mr. Charles, we freely admit that you've got a good case here against my clients, but we're hoping the plaintiff will take into consideration the original nature of the claim, the passage of time, and especially the young man's family situation. Yes, you've made that part of it quite plain, Mr. Wall. However, we're inclined to wonder if the defendant's failure to follow up the execution of the judgment by filing a schedule of his personal property. Well, that was a serious error. I agree with you. It was due to my client's forgetfulness under the pressure of seasonal business. He is now complied with your wishes. Well, there's still some doubt in our mind, Mr. Wall. We wonder if he doesn't, in fact, own property of value. We realize that plaintiff could continue to search for property of this sort, but I can assure you my own investigation of the case has revealed no assets not listed for you. Please understand that Mr. Hollis is just a young man getting started in life. Well, Mr. Wall, what do you propose? Well, in view of the fact that your client, Miss Weeks, is naturally eager to conclude this long-time litigation, a settlement might be in order at this time. Well, she already has authorized me to forget the interest charges. It would be a reduction of $3,250 down to the original judgment of $5,000. That's a generous offer, Mr. Charles, but I'm afraid it's still too much for my client to raise at this time. What amount do you propose? $2,000. Oh, I'm sorry, but I'm certain that's out of the question. Suppose we both talk with our clients again and inform them of mutual problems. All right, Mr. Wall, then shall we meet again in a day or so? How would Thursday at this same time be with you? Good. We'll talk again at that time, Mr. Wall. Well, Mr. Hollis, I've just come from a conference with Miss Weeks' attorney, Mr. Charles. Good. What kind of luck did you have? Some, but not enough, I'm afraid. They've cut out the interest charges, which brings it down to the $5,000. Ouch, situation. Well, so I informed him. I offered $2,000, but he turned it down. How much more than that do you think I could go? Get this off my back once and for all. Yeah. Well, I'll tell you, Mr. Wall, I think I could raise $1,000 more, but honestly, that's the absolute limit. $3,000? Yes, sir. Well, I'll try it, and I'll be in touch with you again Thursday. All right. Well, uh, good luck. Thank you. Maybe we'll get it. Well, Mr. Wall, my client, Miss Weeks, and I have gone over all the aspects of Mr. Hollis' situation. She's impressed by his splendid educational military and business record, and she'd like to recognize all that, along with his family status in a settlement of her claim. Well, we appreciate that, Mr. Charles. I've been in touch with Mr. Hollis, of course, and he feels he can extend himself financially to the region agreements. Will you accept $3,000 plus court cost? Well, this is a rather drastic reduction, of course, Mr. Wall, but I'm happy to say that my client will accept that. Well, honey, here we are, stony, broken in hawk for a pile of money, yet you know I'm relieved. After all these years, I'm finally square with the world. Oh, and we'll never regret it, dear. I'm not worried. Neither am I. We'll work out of it all right. In fact, now I'll be able to work twice as hard as before. I won't be wasting so much valuable time. It's too important, dear. Looking over my shoulder for the sheriff? Here to summarize today's case dismissed is your counselor, Dean John Thiefitz Gerald of the Loyola University School of Law, Dean Thiefitz Gerald. The question of liability for the acts of minors is a complicated one. In tonight's story, if Vic's father had known the boy intended to drive, or had actually sent him to pick up a pair of shoes or buy some groceries, or in any other way to act as his agent, then the father would have become liable for the damages of his son. In some states, but not in Illinois, a so-called family purpose doctrine has been applied by court decision or by statute. It provides that any normal use of a car by any member of the family makes the owner liable, provided he has given his consent to the youth. Because these matters involving liability for children's deeds are so complex, expert legal advice is a necessity. The services of the Legal Aid Bureau of United Charities are made available to those of very limited means who are unable to pay $3 for the first half hour under the lawyer reference plan. Next week, WMAQ and the Chicago Bar Association will look into the legal aspects of your responsibility as a witness on case dismissed. Until then, this is your counselor, Dean John Thiefitz Gerald, wishing for each of you a good night, good luck, and good law. Case Dismissed Case Dismissed is written by Robert Carmen and based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious and a resemblance to any person living or dead is purely coincidental. Members of the cast were Meg Hahn, Charles Flynn, Carlton Caddell, Jack Lester, Harry Elders, and Bruce Lindgren. Case Dismissed is produced by Betty Ross. Direction is by Herbert Latole. Musical effects were transcribed. Sound effects by Tom Evans. Engineering by Harold Woodaberry. This is Lee Bennett speaking, inviting you to return next Saturday at this same time when we'll bring you a story about your responsibility as a witness on case dismissed. This is the NBC Radio Network.