Archive for judgement

Court Rules Against Navy Seals Training in Washington Parks

The United States Armed Forces have trained in various areas of the United States for as long as they have been in existence. The Army Green Berets have trained in the ideal terrain provided by the Pacific Northwest Coast of Oregon and Washington for many years, but the Navy SEALs have been halted from pursuing their plans of using these state’s parks as their ninja training locations. The Navy planned to use about two dozen parks in the state for nighttime ninja training, but an activist group fought against this decision, and a judge finally sided with them.

The Navy has been training in some of the recreational areas for over 30 years, but activities were paused due to organized opposition to the renewal of their five-year contract that expired in 2020. The Navy SEAL training permission was rescinded by Judge James L. Dixon in the Superior Court of Thurston County. He ruled that state law does not give the parks and recreation commission the power to allow state parks to be used for military purposes. The Army Green Beret training continued in the state, just 70 miles away in Astoria, Oregon, with very little attention or outcry. Both Washington and Oregon provide valuable training grounds for special operations troops.

One main difference between the approach of these two branches of service seems to be that the Army coordinates with the property owners about the use of their land and facilities. Those opposed to the Navy’s use of state parks had concerns about SEALs making amphibious landings, carrying simulated weapons, and creepily lurking in the dark, which could cause upsetting commotions, and stop some people from using the parks. The SEALs are trained to be essentially ninja, and it is feared that this would have an adverse impact on recreation even if users never saw them at night.

Domestic political tensions were evoked in Judge Dixon’s ruling against the Navy citing several violent situations to help prove his point, from the insurrection of January 6, to the Russian war in Ukraine. He also stated that the parks commission had failed to think about the creep factor of allowing SEALs to infiltrate recreational areas, which would have a negative effect on patron enjoyment of the park.

Collecting Damages After a Judgment in Your Favor: It’s All About Timing

Although most defendants will be honest and pay the damages you (the plaintiff), are owed, there are some cases where they may try to get around the judge and put obstacles in your way for collection. Often, the intent is to pay as little as possible for as long as possible. These delays may mean:

  • A refusal to pay the judgment outright.
  • Ignore your requests for damages, costs, or legal fees in the hopes less will be accepted.
  • Stalling, so defendants can hide their assets or move them.
  • Running the clock out so you – the judgment creditor – can’t seize what the court has decreed.

What Now?

Remember, if the defendant makes the collection more difficult or extends the collection process, the judgment amount will be subject to interest year-on. The judgment is enforceable for a long time and has many benefits.

Assets can be taken when the defendant least expects them to, even years after they have “let down their guard.” If your client (or you) can afford it, wait until the defendant has enough assets to pay the judgment.

Let’s say, for instance, you were awarded $250,000 in damages as a result of a motor vehicle accident suit. However, the defendant was not doing well financially at the time of the lawsuit. They are both unemployed and have very little savings. They don’t have enough assets to pay the judgment. You would be limited to $30,000.

Imagine that they have been waiting for four to five years and the defendant has a job with a high salary and has made good investments over the years. Their assets total $300,000. You can collect the entire amount due under your original judgment if you try to collect. You can even get more from the defendant due to the accrual of interest!

Take control of the assets

A defendant might move substantial assets “offshore” into foreign accounts after losing a case or having a judgment against them.

A Judgment Debtor’s Examination will force the defendant to appear before the court and provide accurate information about the locations of their assets. You will also be given a Writ to Execution by the court to seize the assets.

Collecting damages after a favorable judgment really is all about timing.