this post was submitted on 15 Dec 2023
244 points (96.9% liked)

News

35724 readers
2781 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious biased sources will be removed at the mods’ discretion. Supporting links can be added in comments or posted separately but not to the post body. Sources may be checked for reliability using Wikipedia, MBFC, AdFontes, GroundNews, etc.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source. Clickbait titles may be removed.


Posts which titles don’t match the source may be removed. If the site changed their headline, we may ask you to update the post title. Clickbait titles use hyperbolic language and do not accurately describe the article content. When necessary, post titles may be edited, clearly marked with [brackets], but may never be used to editorialize or comment on the content.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials, videos, blogs, press releases, or celebrity gossip will be allowed. All posts will be judged on a case-by-case basis. Mods may use discretion to pre-approve videos or press releases from highly credible sources that provide unique, newsworthy content not available or possible in another format.


7. No duplicate posts.


If an article has already been posted, it will be removed. Different articles reporting on the same subject are permitted. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners or news aggregators.


All posts must link to original article sources. You may include archival links in the post description. News aggregators such as Yahoo, Google, Hacker News, etc. should be avoided in favor of the original source link. Newswire services such as AP, Reuters, or AFP, are frequently republished and may be shared from other credible sources.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago
MODERATORS
all 18 comments
sorted by: hot top controversial new old
[–] dhork@lemmy.world 21 points 2 years ago (2 children)

That's a lot of grifting he has to do. Does GoFundMe even go that high?

[–] EatYouWell@lemmy.world 17 points 2 years ago (1 children)

He'll just appeal it until he dies.

[–] neidu@feddit.nl 6 points 2 years ago (1 children)
[–] lechatron@lemmy.today 11 points 2 years ago (1 children)

"Old man fucks a whole country"

[–] gregorum@lemm.ee 7 points 2 years ago

the title of Trump’s obituary

[–] gregorum@lemm.ee 17 points 2 years ago* (last edited 2 years ago)

That’s a lot of Cameo videos! 😂

[–] SomeoneElseMod@feddit.uk 13 points 2 years ago (1 children)

Can anyone with experience/knowledge of these types of cases hazard a guess to how much the claimants might realistically receive and in what sort of timeframe?

And if Rudy doesn’t pay up in his lifetime, could the money be seized from probate?

Final one! If the claimants aren’t likely to see any money for a few years, are they at least able to secure loans against the ruling immediately?

[–] JustZ@lemmy.world 2 points 2 years ago* (last edited 2 years ago) (1 children)

No way to know what they might actually get. They have a judgment. By federal statute, the judgment automatically operates as a lien on any of the defendant's real property in the judicial district. Notice of judgment lien should be filed with the land records office to be "perfected." When the lien is perfected, the debtor cannot transfer title to the real property without filing a waiver of the lien, or at least the debtor could not pass good legal title or get title insurance without the waiver; the perfected judgment lien has priority over any subsequently perfected debt.

There may be prior creditors, such as a mortgagee, who holds a super lien based int he fact that their debt is secured by the physical property as collateral whereas the judgment lien creditor is unsecured debt. Secured debt almost always has priority.

The judgment will likely be stayed pending appeals. I would expect six months to two years to resolve appeals, depending on whether they have any merit. Interest begins running from the date of the judgment. The post judgment interest rate is currently 5.39%; this is intended to encourage prompt payment and to compensate the successful plaintiff while the defendant appeals.

The judgment may also be enforced against Rudy, if he doesn't pay voluntarily after any stay is lifted, which is essentially asking the court to order the debtor's bank to turn over funds, or ordering the debtorcs employer to garnish wages, or two seize the debtor's assets. I heard a story from a marshal who was called to enforce a small judgment against a bank, and the bank would not give him cash or a bank check, so the marshal started taking office equipment, and there was nothing the bank could do.

If the debt is not satisfied in the debtor's lifetime, the debt absolutely can be presented in probate, and again may or may not be satisfied at that time depending on priority of creditors; when they perfected the debt, whether is is secured or unsecured, medical or consumer, etc.

I've never tried to get a loan against a judgment but there are lenders willing to fund the cost of litigating a case based on the expectation of judgment, so I'm certain there are lenders that will loan against the judgment, and you can even sell the judgment to a debt collector, which is very common. There are lenders willing to sell debt instruments for any conceivable financial obligation, they are soulless blood suckers at the banks and if no instrument exists they will create one for you. Then they will turn around and sell your payment obligation as another debt instrument, naked credit default swaps, and whatnot, I digress.

Lots of judgments go unpaid. I always tell clients getting the judgment, whether it's a slam dunk or a dragout, uphill slog, is often the easy part; still have to get paid.

[–] SomeoneElseMod@feddit.uk 2 points 2 years ago

Thank you for that! It was really interesting and informative, I appreciate the time it took. I have a vague idea that civil litigation is pursued largely out of the principle of the matter, and that’s fine if you’re a billionaire suing for a dollar… but these women weren’t rich and no doubt incurred debt by having to move/go into hiding, when they did absolutely nothing wrong. I feel like they should get a couple of million right now - enough to clear their debts, pay off the house/car and have a long holiday. As scummy as those lenders sound, maybe that’s the best move for these claimants, especially the older one. I think I’d rather have a couple of mil now than fight (probably unsuccessfully) for £70m each over the next decade.

[–] pottedmeat7910@lemmy.world 9 points 2 years ago

Maybe he can be America's Mulch Mayor at Four Seasons Landscaping to earn some of that money.

[–] PlasmaDistortion@lemm.ee 7 points 2 years ago (1 children)

He’ll be dead before they ever see a dime.

[–] Mamertine@lemmy.world 4 points 2 years ago

His estate will still be worth money.

[–] badbytes@lemmy.world 2 points 2 years ago
[–] rauls4@lemm.ee -3 points 2 years ago

Consider for a minute the powers of persuasion that trump possesses.

This was an objectively intelligent man who had cemented a legacy as an American hero and incorruptibility.