The Black Church That Could Bankrupt the Proud Boys

[Loren Pechtel]

What? The allegations are that they destroyed signs. Property. The recoverable damage is the value of the lost property.

Unless someone lies under oath.

Then the original charges become a side issue.

When you're accustomed to having your preferred views protected, even when they aren't true, you could run into big problems testifying under oath.
Tom

Assume there is a money judgment. If the defendant does not pay up voluntarily, then the prevailing party may seek to enforce the judgment through garnishment, liens, etc. That costs money. How much money do you spend to enforce a $50 judgment?

Except that's not all of it.

Except if they succeed the collection costs are included. And with a default judgment they'll probably get legal costs as well.

Since it has been unopposed the legal costs will be low. Lets say we are looking at $5,000.

They run up another $10k in depositions of the idiots looking for the money.

Now they spend $200 to the sheriff out to pick up assets--they can collect $15,200 in assets.

Note that we haven't considered the fact that the value of the signs was temporary in nature--the value isn't the signs themselves, but the message they couldn't convey because they didn't have them. And figure 10x actual damage in punitive.

This won't bankrupt the Proud Boys but it's not pocket change, either.

 

[Trausti]

Assume there is a money judgment. If the defendant does not pay up voluntarily, then the prevailing party may seek to enforce the judgment through garnishment, liens, etc. That costs money. How much money do you spend to enforce a $50 judgment?

Except that's not all of it.

Except if they succeed the collection costs are included. And with a default judgment they'll probably get legal costs as well.

Since it has been unopposed the legal costs will be low. Lets say we are looking at $5,000.

They run up another $10k in depositions of the idiots looking for the money.

Now they spend $200 to the sheriff out to pick up assets--they can collect $15,200 in assets.

Note that we haven't considered the fact that the value of the signs was temporary in nature--the value isn't the signs themselves, but the message they couldn't convey because they didn't have them. And figure 10x actual damage in punitive.

This won't bankrupt the Proud Boys but it's not pocket change, either.

In the US we have the American Rule - litigants are responsible for their own attorney fees. It does happen often that there is a contract between the parties allowing attorney fees for collection of debt - like with credit cards. But that's not the case here. Without a written agreement for attorney fees, you might get some court costs (filing fees) and some low statutory attorney fee (a few hundred bucks), but that's it.

 

[Loren Pechtel]

Assume there is a money judgment. If the defendant does not pay up voluntarily, then the prevailing party may seek to enforce the judgment through garnishment, liens, etc. That costs money. How much money do you spend to enforce a $50 judgment?

Except that's not all of it.

Except if they succeed the collection costs are included. And with a default judgment they'll probably get legal costs as well.

Since it has been unopposed the legal costs will be low. Lets say we are looking at $5,000.

They run up another $10k in depositions of the idiots looking for the money.

Now they spend $200 to the sheriff out to pick up assets--they can collect $15,200 in assets.

Note that we haven't considered the fact that the value of the signs was temporary in nature--the value isn't the signs themselves, but the message they couldn't convey because they didn't have them. And figure 10x actual damage in punitive.

This won't bankrupt the Proud Boys but it's not pocket change, either.

In the US we have the American Rule - litigants are responsible for their own attorney fees. It does happen often that there is a contract between the parties allowing attorney fees for collection of debt - like with credit cards. But that's not the case here. Without a written agreement for attorney fees, you might get some court costs (filing fees) and some low statutory attorney fee (a few hundred bucks), but that's it.

You can ask for costs and attorney's fees as part of a settlement--and if the other side is a no-show they can't oppose it and thus you're likely to get them.