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are pre-judgment and/or post judgment interests considered

as punitive damages ?...
are pre-judgment and/or post judgment interests considered as punitive damages ?
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Answered in 11 minutes by:
4/8/2013
Barrister
Barrister, Attorney
Category: Legal
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are pre-judgment and/or post judgment interests considered as punitive damages ?

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No, these are statutorily permissible damages, not punitive. Punitive damages are those damages that are meant to punish the defendant for improper or unlawful behavior on top of any compensatory or statutorily allowable damages.

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Customer reply replied 4 years ago

Thank you. In an action of unjust enrichment in FL, are prejudgment interests admissible, and if yes, from which date on will they be calculated ?

It is clearly established that prejudgment interest is available in contract cases from the date performance was due under the contract since that is the date the prevailing party is entitled to the damages. In other words, although the damages are finally fixed and determined on the date of the verdict, they are considered liquidated as of the date of the breach.
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So if someone has gotten a verdict from a judge or jury regarding damages, it would relate back to the date that the breach occurred. For example, a roofer does a job and submits an invoice to the customer. The customer doesn't pay when due and a year later, the roofer gets a judgment against them. The prejudgment interest would begin as of the date the invoice was due and unpaid. It is meant to compensate the plaintiff for the loss of use of their money that was unpaid.
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Customer reply replied 4 years ago

unjust enrichment >>> there is no contract

Correct, but it is based on the premise that someone should not receive the benefit of another person's labor without paying the fair market value of it. So it is based on contract law because there is an implied contract that the recipient of something of value will pay for it unless it is a gift.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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Customer reply replied 4 years ago

Thank you,

relate back to the date that the breach occurred ?

QUESTION Does the judgment need to specify that date and stipulate how it is founded, when it is controversial?

I mean that obviously, the date of the breach will generally be easy to identify with an express contract, but with an unjust enrichment based on a verbal agreement, it's subject to argument.

in my case, the judgment is throwing a date out of the blue.

QUESTION Does the judgment need to specify that date and stipulate how it is founded, when it is controversial?
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That is the tricky part in an unjust enrichment case since there is no concrete date of breach. In situations like this, the court will generally listen to both sides as to when they think the breach occurred and then make a judgment call (basically a guess) as to when they think the date of the breach was.
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So essentially the judge or jury would ballpark what date they think the breach occurred based on the facts of the case and their best judgment if it can't be proven one way or the other.
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Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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Customer reply replied 4 years ago

Thank you.

In situations like this, the court will generally listen to both sides as to when they think the breach occurred

That part was skipped.... but I get your point, as long as the date is not absurd, even though it was established in a discretionary way, it's pointless to argue about it after the judgment.

However, because the whole case is faulty and a mess, I have a more tricky question:

An Amended Final judgment was issued without a hearing by error and the judge ordered a new hearing to validate it.

2/3 of the moneys of the unjust enrichment were consisting in a check to the order of a corporation thta I am the CEO of. The other check (1/3) was to me. The Paintiff amalgamated and the judge did yet another mistake by not listening to my testimony and objection thta the Plaintiff was suing the wrong Defendant for the moneys of the first check above.

Therefore, without any further explanation, the Court finds thta this check is benefitting to me.

However, the tricky part is that the judgment fails to show how and when the moneys benefittted to me, deeming that a check remitted to my corporation is benefitting to me as the CEO.

Now, at the hearing,what if I argue that there is nothing in the judgment to explain when I benefitted from the check under the circumstances ? is thta arguable in the first place ? If yes, then there is no date that is clearly established to calculate the prejudgment interests on thta money ? (Planitiff failed to join my company as Defendant.)



If this is a small corporation where you control it, then the court can look past that corporation and "pierce the veil" of corporate protection to hold you liable for the full amount.
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There is nothing that would prevent you from arguing that you didn't personally benefit from the 2/3, but in a closely held corporation, the court can actually look past it if the judge thinks it is merely an alter ego of the owner and impose personal liability even for corporate debts.
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As for the date of the prejudgment interest, as I mentioned earlier, both parties can argue what they think the date should be and it boils down to whose argument the judge finds more credible. If they are equally convincing, the judge will likely meet in the middle somewhere on a date.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer reply replied 4 years ago

It's a regular but small corporation of the State of Delaware, with 10 employees and $1 Million/year of revenues of which I control 51%.

However, the judge nor the Plaintiff hasn't gone into this, they have pierced the veil directly without any discoveries, questions, evidence whatsoever.

It's been "deemed"...

Ok, but here is the tricky part : what if i come up at the hearing of te motion with a report from my bookeeper evidencing clearly that the plaintiff was paying his dues to the corporation with that check - even though the jugment rules otherwise without founding or finding anything - and therefore there is no date to be determined as of when I beneiftted of thta part of the money ?

Well, any evidence that you can provide so as to refute any estimated date for the beginning of any interest on the judgment would serve to benefit you ultimately if the other side doesn't have anything to prove their alleged date.
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That is of course unless the judge has it in for you and the new hearing is a mere formality before he makes the same judgment again.
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Thanks.

Barrister

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Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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Customer reply replied 4 years ago

Thank you for the advice. The last part being very clear and in addition, she grants extreme leeway to my opponent. All I can do is to force the situations to evidence the abuse of discretion that started mysteriously. She dismissed the complaint of my opponent, with prejudice to file an amended complaint within 20 days, and to bring up the contracts that are still in his drawers at this very moment. Then she denied our motion to strike the amended complaint for being brought 4 months later and WITHOUT the contracts.

In the motion to dismiss that was granted, we were asking to release my wife as defendand, becuase she had nothing to do with the case, other then having some properties in CT that Plaintiff was lurking at.

Now the FJ makes her also a beneficiary of the unjust enrichment for the entirety of the moneys, even though she has no participation in the corporation at all.

Finally, Paintiff had sent his proposed Final Judgment and the Judge put her signature at the bottom. Then he had some kind of remorse, and sent another letter with an Amended Final Judgment adding prejudgment interests, compounding with post judgment interest, and substracting a small amount that he had borrowed from my Company and that was included in the amount of the check.

Without any hearing, the judge signs the Amended FJ as is and notifies it to me
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Prior to this, after having taken multiple advices, I had sent a letter to the judge to object against the ways Plaintiff was dealing, in the hope that she would not sign the Amended FJ as requested.

By the time the letter reached her, the Amended FJ - that was sent by mail - reached me too.

So I got an order from the Judge deeming my letter as motion for a re-hearing, even though I had no knowledge that a re-hearing was needed or even opportune when I wrote it.

insttead, before the order, i had filed a motion to vacate the judgment or to amend it.

My thinking is to send a motion to vacate the order or amend to protect my ways in my appeal. Reason is if I need to Appeal on both the order and the Amended Final Judgment, I may be in a better position.

What would lawyers do typically, in that type of situation ?

What would lawyers do typically, in that type of situation ?
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If this judge is clearly biased, then most attorneys would realize that they weren't going to get a good result with this judge. They would then bring up all objections and defenses they could think of so as to preserve them for the appeal.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,510
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 years ago

I really appreciate your input. I wish you had been our lawyer in the first place as we would probably have spent a lot less time and money and be now free from this nightmare.

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