Posted by:
elderolddog
(
)
Date: December 30, 2019 12:38PM
The phrase, 'court-ordered settlement' simply does not parse.
Courts adjudicate. They listen to presentations made by the warring sides and determine which side made the better presentation, based on case laws and/or statutes that apply. And most of the time, in personal injury lawsuits, it's the jury that decides the award, the amount owed. I've never heard of a court ADDING to the award, but I sure have heard of courts reducing the award.
Civil courts do not order settlements. They might be called on to approve a settlement (ALWAYS, in the case of a minor being awarded a settlement), but they don't order the parties to 'settle.'
And I repeat, only in the case of a judgment being entered might a court get involved in determining the assets. And it would be in the case of a dispute regarding what the defendant owns. And all they do is rule on the evidence presented.
It is quite common for defendants who know there is a good chance they are going to lose and who don't have enough insurance, to attempt to 'hide' assets. For most people, it's not a problem because the plaintiff attorney just wants his 40% cut of the easy money. A sorta wealthy defendant with a $100,000/$300,000 policy and a million dollar umbrella can only pay $1,300,000 in damages. In CA, the courts won't make him/her/them sell their mortgaged home or car. So even when the jury awards $20,000,000, the plaintiff attorney will stop work and take his $540,000, plus expenses, and move on to the next case.
Now, if the defendant DOES have lots of assets, one of the things that will have happened during the three to four years from the accident to the time the trial starts is that the defendant will have done everything he can to divest himself of his assets.
Let's say that the really rich defendant is the father of a 17-year-old girl driving her dad's car, totally wasted on drugs and alcohol and she speeds by a cop, who lights her up, but before he can even get close to her, she runs a red light, hits a car and kills one or more occupants. Obviously she gets sued and so does dad, as the R/O of the car, and in CA the basic limit for an R/O, $15,000/$30/000, is removed, as the law allows in the case of gross negligence, which is reasonable in that registered owners are grossly negligent when they allow drunk, drugged up minors to drive their cars. So all he owns is at risk.
So a couple of days after the accident, the rich father sees the handwriting on the wall and starts getting rid of assets his name. So that by the time the trial starts, he lives in an apartment, and is unemployed. Quite a comedown from owning a home and rental properties. And the business he owned, that netted him a few million a year, now belongs to someone else...
See where this takes you? When the jury awards the family of the deceased umpty million dollars, all that is available is the insurance money, $1,300,000, which State Farm was begging the plaintiff(s) to take so that they, State Farm, could close their books on the matter.
The plaintiff attorney doesn't know shizz about how to track down missing assets and doesn't care; he got his nice pay day.
What the plaintiffs, if they evidence of hidden assets, have to do is hire a firm that specializes in tracking down assets, and knows the minutiae involved in getting the trial court to issue the necessary orders to transfer ownership once the measures of proof have been met. And those firms take a healthy chunk of the recovered money.
But the courts, they don't do take action, they just rule on whatever actions are brought before them. Courts are not debt collectors. At best all they can do is order a judgment-debtor to appear to answer questions. If a judge feels that the 'proof' offered by the plaintiff is sufficient, and the defendant either doesn't show up or his testimony is nonsense, regarding something of value that the defendant tried to hide, then the court can issue an order to transfer that property.
But if the defendant is willing to leave the jurisdiction of the court and take that property with him, it will be up to the plaintiff to track down the defendant, get a 'sister-state' hearing set up and make a brand new presentation to that sister-state judge, after which the defendant could just run again.
Civil courts just issue orders, once the appropriate threshold has been met, and if a County Sheriff or Marshall can execute the order, you win. Where real property is involved, no problem. But if personal property is involved and the Sheriff's deputies can't find the personal property, you are SOL.
In the case of the church, as far as I'm aware, the church does NOT let lawsuits against them be decided by a jury. They settle... Plaintiff attorneys like sure things. Nobody likes to put their case in the hands of the jury. So there's never an official tally of the church's assets to be argued about in front of a judge.
But someday...