Question for lawyers. Settlements.

BE911SC · 11-02-2016, 11:02 AM

So Hulk Hogan won his suit against Gawker for 31 million. How do you actually get them to pay? The words "make me" come to mind, as in okay, you won, now make me pay you. Does that entail a whole new round of legal drama and cost or does refusing to obey a court decision (court order?) mean you could be in further trouble?

ossiblue · 07:16 AM

Quote:

Originally Posted by BE911SC

So Hulk Hogan won his suit against Gawker for 31 million. How do you actually get them to pay? The words "make me" come to mind, as in okay, you won, now make me pay you. Does that entail a whole new round of legal drama and cost or does refusing to obey a court decision (court order?) mean you could be in further trouble?

Actually, Hogan was awarded $140 million in the law suit, an amount Gawker was on the hook for, and subsequently Gawker settled for $31 million. Since the judgement and settlement, Gawker has declared bankruptcy and has shut down. Gawker was sold prior to the bankruptcy and there are other web sites related to the original business, but were not part of the suit. Whether or not Hogan and his lawyers can collect will be a bit complicated, I believe, given the transfer of ownership and bankruptcy. I doubt he will see any amount close to the settlement.

Edit: Just read about this today. Apparently, the settlement was meant to put the litigation to and end. Gawker lost the suit and could have appealed but chose to settle instead. As part of the settlement, Hogan will receive 45% of the proceeds from the sale of Gawker.com in addition to the $31 million. The owner of Gawker declared personal bankruptcy. So, bottom line, it looks like Hogan will receive some money, perhaps all, and it doesn't appear the defendant is going to refuse to pay, however long that takes.

Dantilla · 11:35 AM

Gotta go back to court to get a judgment.

A Court Order is a piece of paper. A Judgment is what allows authorities to seize assets.

Edit / Disclaimer: As I understand it. The real attorneys will be along shortly to confirm I'm correct, or confirm I'm a moron.

BE911SC · 11-02-2016, 01:25 PM

Quote:

Originally Posted by Dantilla

The real attorneys will be along shortly to confirm I'm correct, or confirm I'm a moron.

I know the feeling.

sammyg2 · 11-02-2016, 02:29 PM

Founds out something recently I thot was interesting:
You looose in civil court (small claims or whatever) and it jacks your credit rating big time.
Happened to someone i know who did not show up. A few hundred buck dispute ruined his credit score.
Same as an IRS judgement.

Scott R · Scott R's Garage

Eight years and counting since an illegal alien in a clapped out mini van totaled my LR3. Won in court easily, since of course she never showed, then won the judgement after.

As far as I know she still lives in the same zipcode she's always resided in and is living a normal life. I have absolutely no means in which to collect the judgement.

jyl · jyl's Garage

Collecting judgments can be difficult. Have to identify the defendant's assets, get court orders to seize each one, assets may be moved out of state or country, may be transferred away, otherwise concealed, bankruptcy also discharges most debts, defendant's corporate structure may be set up to shield assets. A large corporate defendant is easy (hard for WalMart to hide its assets), a bankrupt company is tough.

Dantilla · 11-02-2016, 04:33 PM

Quote:

Originally Posted by Scott R

... an illegal alien in a clapped out mini van....

People with few/no assets are called "judgment proof". It would cost more in attorney fees than their entire net worth to try to collect.

Eric Coffey · 11-02-2016, 04:42 PM

Quote:

Originally Posted by Dantilla

People with few/no assets are called "judgment proof". It would cost more in attorney fees than their entire net worth to try to collect.

INAL, but if they at least have a job/income, I don't think it's too difficult to set up a wage garnishment and/or seizing whatever the legal percentage of funds in their bank account(s) is currently allowed.
I've seen both happen to former clients who were certainly not "big fish" and judgement amounts under $5k.

SpyderMike · 11-02-2016, 05:30 PM

My experience, won in court, paid that lawyer by the hour. Got the judgement which included my attorney fees. Paid another lawyer who specializes in collecting based on results a third, but still netted after the guy refinanced his home to pay me off. His wife convinced him to get us out of their lives and move on.

Scott R · Scott R's Garage

Quote:

Originally Posted by Dantilla

People with few/no assets are called "judgment proof". It would cost more in attorney fees than their entire net worth to try to collect.

Yup, guess I had to learn it the hard way.