Stormy Daniels has built a remunerative business consortium around her alleged 2006 sexual “encounter” NOT an affair, with former President Donald Trump.
After the appeals court ruled against her, Daniels tweeted: “I will go to jail before I pay a penny.”
What is available to Donald Trump to collect from Stormy Daniels?
A writ of execution The Courts issue a Writ of Execution which directs the sheriff, or other law enforcement officer, to seize the property of a judgment debtor and to satisfy the debt or judgment. The Writ may also direct the sheriff to sell, any real estate owned by the judgment debtor. Additionally, the Writ of Execution may be used to enforce a court order. Defendants are ordered to appear in court. Plaintiffs can be granted an arrest order against the defendant. If failure to comply, or if the defendant commits’ perjury.
The Order of Examination. In California, an Order of examination, is a legal document issued by the California courts. Which requires a person to appear in court and answer questions under oath. It is typically issued in civil cases when a party, failed to respond to a summons or a subpoena, or payment of a debt. If the debtor proves to be perjured or fails to appear for the examination, a warrant for the debtor’s arrest can be so ordered. The Order of Examination is an important judicial tool, When properly used, it ensures that parties to a lawsuit are held accountable for their actions.
Stormy Daniels will not be able to file a Bankruptcy and discharge Donald Trump’s award and Attorneys’ fees.
Bankruptcy is not an option for Stormy. California’s law states, a person cannot file for bankruptcy if they have lost a defamation case, and owe the plaintiff and the plaintiff’s attorney fees.
This means that if a person has been found liable for defaming another person, they will not be able to use bankruptcy to discharge the debt they owe.
In other words, responsible for paying the plaintiff and the plaintiff’s attorney fees. This is due to the fact that, California courts consider defamation to be a form of fraud, which is not dischargeable in bankruptcy. Therefore, if someone has been found liable for defaming another person, they will still be responsible for paying the plaintiff and the plaintiff’s attorney fees, and therefore cannot use bankruptcy to discharge the debt.
As the former POTUS Donald Trump sat in court on criminal Indictment charges. He scored a legal victory
As Donald Trump was in New York for a date with legal jeopardy, a judge in Los Angeles quietly granted him a substantial legal victory.
The Ninth Circuit U.S. Court of Appeals ruled in favor of the former president on Tuesday, ordering adult film star Stormy Daniels to pay $121,972 in legal fees for a failed defamation suit.
The ruling is not legally connected with the Manhattan district attorney’s investigation, that led Trump to be charged with 34 felony counts on Tuesday. But it does stem from the same event: Daniels claims she had an affair with Trump in 2006, then was paid by, Trump’s legal team to avoid going public with the story ahead of the 2016 presidential election.
Trump denies the affair but has admitted he reimbursed his then-attorney Michael Cohen for the hush money payments.
Daniels, whose real name is Stephanie Clifford, tried to sue Trump for defamation in 2018, specifically taking aim at a tweet attacking her account, of being threatened by a stranger in 2011 to stay quiet on her Trump story. Trump attacked the account as a “con job, playing the Fake News Media.”
Federal Judge S. James Otero, dismissed the lawsuit, saying Trump’s tweet constitutes ” ‘rhetorical hyperbole’ normally associated with politics and public discourse” and is protected by the First Amendment.
Daniels tried to appeal the decision in 2022, saying her then-attorney Michael Avenatti, filed the defamation suit “without my permission and against my wishes.” But a judge ruled against her, leaving her on the hook for nearly $300,000 in Trump’s legal fees.
Daniels subsequently filed a motion to knock down the fee payment. On Tuesday, the court dismissed in part her latest request, which only increased the bill she has to pay.
Daniels argued that the fee request was,”unreasonable and excessive,” saying the law group had overstaffed the appeal, and performed duplicative tasks, and asked for fees to be reduced, court documents show.
She specifically asked the judge to cap the law firm’s rates. At $500/hourly for partners and $350/hourly for associates — a request the appeals commissioner denied on account of “inflation and increase in the attorneys’ experience.”
The court denied a secondary request for Daniels to reimburse, Trump $5,150 for time responding to the most recent appeal, saying the request lacked itemized detail about the law firm’s billing.
“Collectively, our firm obtained over $600,000 in attorney fee awards in his favor in the meritless litigation, initiated by Stormy Daniels,” said Trump attorney Harmeet Dhillion in a tweet celebrating the legal victory.
After the appeals court ruled against her last year, Daniels tweeted: “I will go to jail before I pay a penny.”