# NC Alienation of Affection Judgement



## Nucking Futs (Apr 8, 2013)

https://www.heraldsun.com/news/local/crime/article215577310.html

This case is a prime example for why we give a lot of the advice we give. Cheating wife actually sanctioned $15k for trying to set up her BH for a domestic violence charge. $8.8 million judgement against the AP. BH will probably never get much of it but he can have fun hounding the cheaters for the rest of their lives for it. I would make a hobby of it.


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## Taxman (Dec 21, 2016)

So, if I am interpreting this correctly, essentially both cheaters will be paying the plaintiff for the balance of their lives. The OM, makes $84K a year, the WW makes $0. They will be followed and hounded for decades to come. That is Karmic. If I were the OM, I would change my name and move to another country. The ruling does not take into account the holdings or the income of the defendants, but, my research shows that the debt never dies, and will follow these two for the rest of their lives. Hey, most of us would love to get a whole lot of money, how would you feel if you HAD to find that kind of money to turn over to some shmuck because you did not keep it in your pants. Her, on the other hand? Yup, typhoid Mary. Imagine going on a date with her, to find that she is in hock beyond her eyeballs, because she fücked around on her husband and he took her to court and got a judgement against her and her lover? I would likely excuse myself to go to the bathroom, then duck out.


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## Shoyoself (Aug 18, 2017)

I wish that alienation of affection laws were federal and applied to all states. That and fault divorce for infidelity. If there were well known consequences maybe at least some people would be spared a whole lot of hurt, and if not, at least have some fair compensation.


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## BarbedFenceRider (Mar 30, 2018)

2 things that stick out to me...

1. The CAD's attorney sucks. He did not choose wisely.

2. That 84,000 a year paycheck just got a lot smaller! I bet the exW isn't around much either.


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## Taxman (Dec 21, 2016)

I am unsure as to the legal remedies that apply in NC. Once judgement is obtained, how does one collect? Here, where I practice, the government has a registry and courts rely on a "personal property security act". That is a registry of all major items that have been financed. Therefore you can find his automobile and his home if he has one. Now, given that he rented in their city, tells me that he owned property elsewhere, given a not too bad salary. So, first, I would take his house. Given the nature of the judgement, and dependent on other statutes, he would still be on the hook for the mortgage. (Fun so far?). Same with a financed automobile, he loses it, and he still has to pay for it. The wife presents an interesting conundrum, as she worked for her hubby. Therefore, she will likely have to submit to the court every time she changes employment so that she can be garnisheed into perpetuity. Let me put it this way, at their respective funerals, the XBH could repossess the coffins and shrouds. That is the nature of this judgement. THEY ARE PERMANENTLY ****ED.


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## MyRevelation (Apr 12, 2016)

Taxman said:


> I am unsure as to the legal remedies that apply in NC. Once judgement is obtained, how does one collect? Here, where I practice, the government has a registry and courts rely on a "personal property security act". That is a registry of all major items that have been financed. Therefore you can find his automobile and his home if he has one. Now, given that he rented in their city, tells me that he owned property elsewhere, given a not too bad salary. So, first, I would take his house. Given the nature of the judgement, and dependent on other statutes, he would still be on the hook for the mortgage. (Fun so far?). Same with a financed automobile, he loses it, and he still has to pay for it. The wife presents an interesting conundrum, as she worked for her hubby. Therefore, she will likely have to submit to the court every time she changes employment so that she can be garnisheed into perpetuity. Let me put it this way, at their respective funerals, the XBH could repossess the coffins and shrouds. That is the nature of this judgement. THEY ARE PERMANENTLY ****ED.


Maybe!!!

More than likely, the WW and OM will file bankruptcy and basically reset their financial status back to mostly ZERO net worth. The BH will get whatever equity they may have in real estate and titled personal property plus any liquid assets they're stupid enough to have left in a bank, although the bankrupt individuals will get about $20K in exemptions provided within the bankruptcy code, which will allow them a fresh start, albeit with a torched credit rating, but they'll be able to protect their future earnings through the bankruptcy proceedings and any retirement accounts they may have are protected from creditors, so they'll keep those $$$.

Unfortunately, in reality, the BH will only see about a penny, maybe two, on every dollar of that $8MM judgment.


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## Broken_in_Brooklyn (Feb 21, 2013)

Places I know about marshal or sheriff collects and sometimes gets a percentage. These 2 are definitely losing any home equity they have. Non leased car - say sayonara. 

Then I imagine he will file for bankruptcy and try and see if the civil judgement is dischargable. Good luck with that. 

No doubt he will be hounded until the end of his days.


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## Kamstel (Apr 25, 2018)

If so many politicians weren’t serial cheaters themselves these types of laws would be on the books in all 50 states!!!


And even if the betrayed husband only gets a penny or two of the total award, that is still $88,000 to $176,000. 


And would declaring bankruptcy wipe out court imposed penalties? 

Even if this is just a moral victory for the poor guy, good for him!!!!
The two love birds will be looking over their shoulder for some time to come!


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## Andy1001 (Jun 29, 2016)

Taxman said:


> I am unsure as to the legal remedies that apply in NC. Once judgement is obtained, how does one collect? Here, where I practice, the government has a registry and courts rely on a "personal property security act". That is a registry of all major items that have been financed. Therefore you can find his automobile and his home if he has one. Now, given that he rented in their city, tells me that he owned property elsewhere, given a not too bad salary. So, first, I would take his house. Given the nature of the judgement, and dependent on other statutes, he would still be on the hook for the mortgage. (Fun so far?). Same with a financed automobile, he loses it, and he still has to pay for it. The wife presents an interesting conundrum, as she worked for her hubby. Therefore, she will likely have to submit to the court every time she changes employment so that she can be garnisheed into perpetuity. Let me put it this way, at their respective funerals, the XBH could repossess the coffins and shrouds. That is the nature of this judgement. THEY ARE PERMANENTLY FÚCKED.


When I started my business years ago I was having a problem with people copying my designs.I’m was involved in manufacturing and software design,mainly used in traffic management,subway,toll roads,any form of transportation actually.
These *******s stole parts of my installations trying to find out the code used.I took them to court and to cut a very long story short I completely wiped them out.
I had intellectual property lawyers questioning them about how they came up with their own designs and I stretched the case out for almost two years until they were completely broke.
The judgement awarded me two hundred grand a week for every week they had ripped me off which lasted two and a half years,plus ten million in punitive damages.Thirty five million was the final tally plus another ten in legal fees and I have seen less than a tenth of it.But I didn’t and still don’t care about the money.
At the preliminary settlement hearing one of them was showing off his new Rolex and I told the mediator I wanted all their watches as a starting point.I took everything they possessed including their jewelry,cars,phones and homes,plus their office furniture and computers etc.Twenty something people lost their jobs and two fairly high ranking government officials who had gave these thieves lucrative contracts were fired.
These guys can’t work in the US without their wages being garnished,they are allowed the average industrial wage and the rest is mine.If they apply for a loan for anything they have to declare how much they owe. If any of them win the lottery it comes to me and as you say I could take their coffins and shrouds.
I’m not a lawyer but my lawyers have made it clear that even if these guys declare bankruptcy the debt follows them,it’s something to do with the fact it was a criminal act that started them on their merry way.
But I won and it sent out a message that I wouldn’t allow anyone to steal off me.
I have since sold that business.


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## BarbedFenceRider (Mar 30, 2018)

Yeah, I didn't think a civil case would be expunged or dismissed during bankruptcy. It probably just limits the scope of the fallout for the WW and POSOM. But they will always have to pay the court case. And if POSOM thinks he can just get an appeal, Hope he has deeper pockets. More lawyers, more time billed and more resources filed. Big bucks. Most likely, THAT would be declared to the court and then, he is really stuck!


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## Taxman (Dec 21, 2016)

I had forgotten the bankruptcy statutes, but here again, dependent upon jurisdiction, certain things will survive a bankruptcy. For example, in my part of the world a personal bankruptcy will cause forgiveness of personal tax liability. However, if one was collecting sales tax, or had employees and made deductions, those two liabilities would survive a bankruptcy. Those items are deemed, for this jurisdiction as trusts, and trusts in those cases survive bankruptcy. So, dependent on the codes involved, bankruptcy may get them off the hook, or, it may add different layers. 

Bankruptcies are driven by the courts and judges, and I have seen several judges make exceptions to bankruptcies, as it is just not that cut and dried. I have had a client denied protections against judgements obtained against him. This was in the construction industry and two employees that were injured on the job and were not covered by workers comp for some beyond stupid reason. They got judgement against him, but he was one of those great businessmen who liked to grab the cash and leave the suppliers in the lurch. He figured that as long as he was going under, he felt no obligations to anyone he hurt. He was all smiles until the judge got to the line items with just the names of the two guys. Judge looked up at him, and said that he had taken the time to research the wrongdoing that led to the injuries suffered by his employees, and denied including those liabilities in the bankruptcy. He will be paying those people off for a long time to come.


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## SpinyNorman (Jan 24, 2018)

Shoyoself said:


> I wish that alienation of affection laws were federal and applied to all states. That and fault divorce for infidelity. If there were well known consequences maybe at least some people would be spared a whole lot of hurt, and if not, at least have some fair compensation.


I am opposed to infidelity but if the alternative is having the government in my bedroom, include me out(to quote Louis Mayer, I thinkEDIT: falsely attributed to Mayer's associate, Sam Goldwyn)

I knew a judge who heard Alienation of Affection cases and he considered them an abomination. You could be asked the most personal of things under oath and were obligated to answer.


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## Shoyoself (Aug 18, 2017)

SpinyNorman said:


> I am opposed to infidelity but if the alternative is having the government in my bedroom, include me out(to quote Louis Mayer, I thinkEDIT: falsely attributed to Mayer's associate, Sam Goldwyn)
> 
> I knew a judge who heard Alienation of Affection cases and he considered them an abomination. You could be asked the most personal of things under oath and were obligated to answer.


While I agree about keeping the government out of our bedrooms, I believe that the line gets drawn where there is a victim. Marrital rape? Domestic violence? Kidnapping? Should the government stay out of those as well?

I know that that may seem hyperbolic, but there is a victim in the case of infidelity that can suffer tremendously in many physical and psychological ways. I’m of the opinion that those victims should be protected by law.


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## MattMatt (May 19, 2012)

The story is featured on the Daily Mail's US online edition Jilted husband awarded $8.8million compensation from his wife's lover | Daily Mail Online

And this is an action replay of what just happened to Frankie's entire life:-


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## SpinyNorman (Jan 24, 2018)

Shoyoself said:


> While I agree about keeping the government out of our bedrooms, I believe that the line gets drawn where there is a victim. Marrital rape? Domestic violence? Kidnapping? Should the government stay out of those as well?


No, they all involve physical violation of someone's rights to not be raped, beaten or imprisoned. 


> I know that that may seem hyperbolic, but there is a victim in the case of infidelity that can suffer tremendously in many physical and psychological ways. I’m of the opinion that those victims should be protected by law.


I think usually there is a victim in a case of infidelity, but it is subjective and I don't think a court can really decide when that is true. But AOA isn't even about infidelity, its about someone convincing my wife she should leave me when we have a happy marriage. While that sounds bad, it presumes the court can decide whether she would have left me anyway, and whether our marriage was happy.

To those of you who support such laws, have you ever on this forum recommended someone leave their spouse, and how much money do you have?


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## honcho (Oct 5, 2013)

SpinyNorman said:


> No, they all involve physical violation of someone's rights to not be raped, beaten or imprisoned.
> 
> 
> I think usually there is a victim in a case of infidelity, but it is subjective and I don't think a court can really decide when that is true. But AOA isn't even about infidelity, its about someone convincing my wife she should leave me when we have a happy marriage. While that sounds bad, it presumes the court can decide whether she would have left me anyway, and whether our marriage was happy.
> ...


Alienation of affection isn't about claiming your spouse was coerced into an affair. You don't have to even claim you had a perfect happy marriage, all you need to prove is the marriage is harmed and said person had an active role in its being harmed and it doesn't even need be an affair. 

If your in laws constantly stick their nose in your marriage and thus eventually harm the marriage you can sue them.


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## ConanHub (Aug 9, 2013)

Nucking Futs said:


> https://www.heraldsun.com/news/local/crime/article215577310.html
> 
> This case is a prime example for why we give a lot of the advice we give. Cheating wife actually sanctioned $15k for trying to set up her BH for a domestic violence charge. $8.8 million judgement against the AP. BH will probably never get much of it but he can have fun hounding the cheaters for the rest of their lives for it. I would make a hobby of it.


Couldn't happen to a nicer pair of scum bags.
May they rot in piece.

Old Frankie boy doesn't look like he is used to being stood up to.

Dumb ass!!>


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## the guy (Aug 3, 2010)

It's my understanding that one has to prove a happy marriage before meeting the AP.
The other thing is proving that the AP wants to be with BS.


From my take the AP has to make a claim that the wayward is actually commited and AP want the wayward to leave the betrayed for a "better" life. Where as some infidelity is "I will never leave my spouse but lets phuck anyway".....and the AP agrees. Well that's just a screwed up wayward with no morals and POS AP kind of AM bull shyt. 

There are only a hand full of states that have the AOA on the books. And if your in that state and all the stars line up one has a shot of really messing up the AP in a way that will never bring their credit score above 600.....IMHO.


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## SpinyNorman (Jan 24, 2018)

honcho said:


> Alienation of affection isn't about claiming your spouse was coerced into an affair. You don't have to even claim you had a perfect happy marriage,


Anything about coercion or "perfect happy" are your own additions, I never said anything about them. 


> all you need to prove is the marriage is harmed and said person had an active role in its being harmed and it doesn't even need be an affair.
> 
> If your in laws constantly stick their nose in your marriage and thus eventually harm the marriage you can sue them.


That sounds horrific enough to me. The idea that I can be punished for expressing an opinion is plenty undemocratic. 

I think at the heart of this is the idea that you own your spouse, and while the law can't punish her for leaving maybe you can find some deep pockets around her leaving you and punish them, as opposed to admitting maybe she was better off w/o you.


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## SpinyNorman (Jan 24, 2018)

the guy said:


> It's my understanding that one has to prove a happy marriage before meeting the AP.
> *The other thing is proving that the AP wants to be with BS.*


No, this is not necessary.


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