What happens in a defamation case if the defendant does not have sufficient assets?

In a defamation case, or a lawsuit alleging harm to an individual’s reputation, the plaintiff can win money damages from the defendant if they have sufficient assets to pay them. However, if the defendant does not have enough assets to pay a judgment, they may still be held responsible in other ways. In Minnesota, if the defendant does not have enough assets to pay a judgment, the court may enter a judgment of restitution. In this situation, the court will order the defendant to complete an approved educational course. The court may also order other non-monetary remedies to compensate the plaintiff, such as ordering the defendant to make a formal apology or corrective statement. In addition, a judgment may be entered against the defendant for an amount that is greater than their assets, although they will not be required to pay that amount. This type of judgment is referred to as a “deferred judgment”. The judge may then order the defendant to pay the entire amount due if they obtain sufficient assets in the future. Finally, the court may also order punitive damages, which are designed to punish the defendant for their malicious conduct. In Minnesota, punitive damages can be ordered up to three times the amount of actual damages, or $500,000, whichever is greater. The award of punitive damages is left to the discretion of the court and usually requires a higher standard of proof than compensatory damages.

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What happens in a defamation case if the defendant does not have sufficient assets?

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