[neil5623]

It appears that I will be negotiating with different entities pre-filing in the near future. What is the proper Contract Law term for penalties that are not necessarily damages, but more statutory, pre-judgment? The term "Liquidated Damages" comes to mind, but this does not really fit the definition.

[drivel]

Originally Posted by neil5623

It appears that I will be negotiating with different entities pre-filing in the near future. What is the proper Contract Law term for penalties that are not necessarily damages, but more statutory, pre-judgment? The term "Liquidated Damages" comes to mind, but this does not really fit the definition.

Nuisance damages.

[Enigma]

Originally Posted by drivel

Nuisance damages.

That's one way to look at it.

Neil, it's just a negotiated settlement. Only a judge can award damages, statutory or otherwise.

It gives you room to negotiate. If statutory damages are "up to $1000", that simply means that a judge will award you $0 up to $1000. If you have a strong case and evidence, start at $1000, if that is the statutory limit, but be prepared to settle for less. Or if you feel that you may be awarded more in a judgment, start there. How much is your time worth to spend on a case? Or will you settle for deletion if it's reporting and some token amount for your troubles.

Remember, just because a judge awards you a judgment, the battle is not won. You still have to collect it.