So, essentially, garnishing his wages?
Kinda. Except he does not have wages so not sure how that works for someone like him. He has to sell assets for income. Or get a loan. Can that be garnished? (I do not know)
If he becomes president I suppose the courts could garnish his salary as president.
No, they should not consider anything that’s not in the record of the trial court.
He’d have to be president for more than 200 years, and that’s if they garnished every penny.
he does get a pension for being president.
Pensions are excluded from garnishment.
I think there should be a forced sale of Mar a lardo.
Do we know that he doesn’t have wages?
Most privately-held companies pay salaries, bonuses, etc. to their executives. Such are operating costs and deductible on the company’s taxes. Dividends paid out are not deductible. Since both are taxable to the executive, there’s a decided tax advantage to paying salaries.
Of course, we’re talking about the Trump Organization, so who knows.
Whoops – too late to edit. To pay what I owed him.
True in law; but i don’t doubt the justices who will hear the appeal will be aware of it, and in their brief and oral argument Carroll’s lawyers could (without mentioning the extrajudicial evidence), argue that the punitive damages in their full amount are necessary to discourage such behavior.
They could just seize the assets: that is, the stock of the company at the top of the chain that leads to Bedminster.
I wonder if Trump would shut up about it if people just ignored anything he had to say on the subject. The guy THRIVES on getting attention.
Can the court discourage behavior if the defendant cannot pay?
For example, if you got a judgement against me for $5 million (not to mention $83 million) you will never, ever, see that money. Nowhere near it. I don’t have $5 million and am old enough that I won’t live long enough to ever come close to paying that.
So, why wouldn’t I just run around and slander you as much as I can? Another $100 million judgement? So what? I can’t pay that either.
For a regular person, the judgment probably wouldn’t be that high. You don’t go around bragging about how many billions your assets are worth, do you?
Well, you’ve described defamation as a tort - where a civil case is brought and financial penalties applied.
Some places can also treat defamation as a criminal matter. In the US, there is no federal criminal defamation. Some states though, do have criminal defamation laws. (I don’t think New York is one of them)
I thought someone in this thread mentioned the possibility of getting a restraining order against someone who repeats the same behavior despite civil judgements. Then, if they continue doing it, it’s a violation of the restraining order and can be charged as a criminal offense.
If that’s accurate, how long before Carroll goes that route against Trump?
No problem. My brain saw it that way anyway.
wrong thread.
Because at some point you’d have to declare bankruptcy and THAT’S what he doesn’t want to do. People would figure out he’s not as rich as he pretends to be.
By the way does anyone remember this promise made by Trump years ago?
“I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money .”
I guess he got his wish.
In New York, defamation is a civil matter. A person who suffers financial or emotional damages following another person’s false statement may choose to sue the offender, which would bring about a case in the appropriate New York court.