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re: Wedding photographer wins $1 million defamation suit against Texas couple

Posted on 8/1/17 at 3:52 pm to
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 8/1/17 at 3:52 pm to
quote:

That is brutal.


This is what civil defamation suits were made for and I'm glad this photographer stood up to the attention seeking blogger who went way over a poor yelp review to express her (incorrect) frustration.
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13847 posts
Posted on 8/1/17 at 3:53 pm to
quote:

The Moldovans were found liable for disparagement, defamation, and civil conspiracy. They must now pay Polito $1.08 million in damages. This post was edited on 8/1 at 3:20 pm

I am a little embarrassed I don't know this, but how do verdicts like this actually work out? I didn't even click the link, but let's assume this couple is 30 years old. Let's say they bring in together $120k/yr and they have a total combined networth of $100k currently.

How do they pay $1.08 million? Are all assets seized? Are they put on a payment plan? Who decides the terms of the payment plan?
Posted by Volvagia
Fort Worth
Member since Mar 2006
51892 posts
Posted on 8/1/17 at 3:55 pm to
I'd imagine it's a judge either unilaterally making the call, or as arbiter between the two parties.

It's hilarious though, because you didn't want to pay a signed for 125 dollar fee, you basically booked her every weekend for 3 years.
Posted by LanierSpots
Sarasota, Florida
Member since Sep 2010
61557 posts
Posted on 8/1/17 at 3:57 pm to
quote:

Planning one now, well fiancé and her mother are. I had no idea how expensive some of this stuff cost. A 4 their cake - $2000 - groom cake $500 - flowers - $15k give or take - Band from Atl coming to Nola $10k - photographer another $10k give or take

I have not even mentioned how much the reception, food and booze will cost.



One day both of you will look back and see just how stupid it is and how worthless it is. Now throwing a big reception/party is another thing..


You can laugh all you want, I got married in 1987. My wife and I were high school sweethearts. My wife came from a poor family. Her father was a mill worker in our home town. My family was middle class. Our entire wedding, including her dress, my tux rental, the food that we bought and everything cost less than $1500. No shite. My aunt did the cooking, her uncle took the pictures and our family and friends pitched in on the food.

Most of the money was spent on the cake, her dress and the reception.....

If I were young now and had to do it all over again, I would take my fiancé, a few of our friends and go to a tropical island to get married, blow it out for a week on a resort and then come back. I promise you that you will remember that 10 times more in 30 years than you do the pictures (which we have looked at once in 30 years) videos and other matching bullshite

Its a total waste of money


Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 8/1/17 at 3:59 pm to
quote:

nvm just read it. most definitely not worth $1.08 million dollars


The jury came to their conclusion as such:

$70k - injury to the reputation of Polito sustained in the past.

$70k - injury to the reputation of APP (her company) sustained in the past.

$40k - injury to Polito's reputation in the future.

$100k - injury to APP's reputation in the future.

$50k - Polito's mental anguish sustained in the past

$25k - Polito's mental anguish sustained in the future.

$375k - APP's lost profits sustained in the past

$150k - APP's lost profits sustained in the future.

$12.5k - Exemplary damages to Polito from Ms. Moldovan

$25k - Exemplary damages to Polito from Mr. Moldovan

$62.5k - Exemplary damages to APP from Ms. Moldovan

$100k - Exemplary damages to APP from Mr. Moldovan
Posted by PhiTiger1764
Lurker since Aug 2003
Member since Oct 2009
13847 posts
Posted on 8/1/17 at 4:27 pm to
quote:

I'd imagine it's a judge either unilaterally making the call, or as arbiter between the two parties.

I wonder how they come to the decision. Do they pay $5k/year and still live a relatively normal life and never finish paying the debt?

Do they pay $36k/year (equivalent of maxing two 401ks) for 30 years and just never retire once finished paying?

Do they pay $60k/year and move into a slum?
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47580 posts
Posted on 8/1/17 at 4:29 pm to
Every now and then our court system gets one right.

This is one of those times.
Posted by MrSpock
Member since Sep 2015
4324 posts
Posted on 8/1/17 at 4:32 pm to
quote:

I guarantee you it's not.



This lady had a 500k+ studio revenue before all of this shite went down. She was shooting 65+ weddings a year at 5k a pop base plus her studio work.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 8/1/17 at 4:33 pm to
It's similar to garnishing wages. I don't know how to do that against a blogger. I'd back track to when she had any more income when she started blasting the photographer on social media, see if there was a difference in her income before/after.
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
25294 posts
Posted on 8/1/17 at 4:39 pm to
quote:

Its a total waste of money
It really is and when you consider the divorce rate it is even more stupider.
Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 8/1/17 at 4:39 pm to
Pretty sure they could declare bankruptcy if they wanted. They could also have their wages garnished. There a few payment options.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 8/1/17 at 4:41 pm to
Is declaring bankruptcy that easy?

There would need to be a plethora of documentation submitted on their behalf?

I'd venture to guess the photographer has gone this far, let's keep going?
Posted by TigerFred
Feeding hamsters
Member since Aug 2003
27167 posts
Posted on 8/1/17 at 4:42 pm to
Pretty sure that bankruptcy doesn't forgive debt from a judgment.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 8/1/17 at 4:45 pm to
I disagree. Chapter 7 cuts off all creditors.

But it seriously can't be that easy. Or inconsequential, which is the theme of this topic.
Posted by LanierSpots
Sarasota, Florida
Member since Sep 2010
61557 posts
Posted on 8/1/17 at 4:48 pm to
quote:

It really is and when you consider the divorce rate it is even more stupider.


It is one of those things that you can see later that you can not see when you are young and its going on. That's way I say do the island thing.

Look at it this way, the wedding is boring anyway and if you end up getting divorced later, which happens a lot, the entire thing is a waste. But if you go to an island and do it, you are always going to remember the sex, the food, the drunks you get and the fun you had. Those things really cant be spoiled later.

My wife works in a Pharmacy and one of them pharmacists there threw a huge wedding for their daughter and her boyfriend. He offered his daughter a check for 50K to just have a small wedding and go on a nice honeymoon. She declined so he spilled out over 70K on her wedding.

I couldn't believe that. That was about 5 years ago. I bet if you ask her now, her choice would have been different.

Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 8/1/17 at 4:59 pm to
quote:

Pretty sure that bankruptcy doesn't forgive debt from a judgment.



It can. The creditor had to file for an objection to stop if from being discharged. It's not a sure fire thing either way.
Posted by slackster
Houston
Member since Mar 2009
84609 posts
Posted on 8/1/17 at 5:00 pm to
quote:

But it seriously can't be that easy. Or inconsequential, which is the theme of this topic.


Bankruptcy may or may not be inconsequential. Depends on the situation of the debtor.
Posted by ThatMakesSense
Fort Lauderdale
Member since Aug 2015
14792 posts
Posted on 8/1/17 at 5:04 pm to
I mean, if said happily married couple was not living in dire straits before the judgment, I would think an abrupt declaration of bankruptcy would seem mischievous at the very least.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
35950 posts
Posted on 8/1/17 at 6:02 pm to
Quote in the middle. If there was ever a verdict that was just it's this one.

Posted by Gris Gris
OTIS!NO RULES FOR SAUCES ON STEAK!!
Member since Feb 2008
47359 posts
Posted on 8/1/17 at 6:08 pm to
Agreed.
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