Oregon Suing Former Player to clawback NIL Advance

[BigBalls]

Dakoda Fields had to pay back $40,000 to be released from his contract with a $10,000 discount if he paid by an agreed upon deadline. He paid $30,000. Oregon alleges he missed the payment deadline to receive the discount. Oregon wants $10,000 plus interest.

Daaamn, you guys think this will hurt Oregon’s recruiting? Or does Fields need to be used as an example? I think the $10k isn’t worth the hassle and it’s a bad look.

 

https://x.com/RyanTClarke/status/2056373168156311697?s=20

• This topic was modified 1 month, 3 weeks ago by BigBalls.

[Butkus51]

Dat’s why up front monies is not a good idea.  I like USC, GM Bowden’s method in monthly checks, allocations.  Smart dude.  USC has little downside and does not need to sue kids.

I’m not sure it will hurt Oregon R, but right on for Oregon go after Dakota Fields.  Most likely Fields will settle before it heads to court…  Cheers

• This reply was modified 1 month, 3 weeks ago by Butkus51.

[GTrojan2]

Attorney fees are the key to early settlement if Fields has decent counsel.

[Java]

10k is an attorney retainer these days. This is a message I assume. Bravo Oregon turnover 10k? Weird.

[SC Gator]

Correct.

Nobody hires an attorney to sue for $10K if the goal is to recover $10K.  This is an press release to be distributed to all players and agents.

 

[Java]

Exactly.  A message

[BigBalls]

10k is a small claims court  case. Imagine Phil Knight and Lanning showing up to small claims. That would be funny. Yeah , it’s a statement to the other players, “ don’t F with us or we’ll sue you”. I don’t think it’s smart at all.

• This reply was modified 1 month, 2 weeks ago by BigBalls.

[GTrojan2]

I don’t know what Oregon’s Small Claims amounts are, but if the court system is anything like California’s then UO is not limited to Small Claims and can sue in regular court.  It’s a great way to collect small amounts of money quickly with defendants facing attorney’s fees and interest on the principal rising daily.

[BigBalls]

90% of civil lawsuits end up in a settlement. This one will be settled  quickly. Oregon just wanted to send their other players a warning.

 

[GTrojan2]

Yep

[LA Duck]

Yeah, I don’t think Oregon needs the money. This is more of a statement that if you enter into a contract with Oregon paying you 5 or 6 or even 7 figures, you will be held to said contract.

The other option is just letting it go and sending a completely different message. It’s akin to trademark law, where if you set a precedent that you won’t defend your mark, eventually you won’t have anything to defend.

For better or worse, it’s a business now, boys. Enjoy the $$$, but it does come with certain responsibilities that were not there before.

For an extreme example of this, please see: Williams Jr, Demond.

[Butkus51]

From what I understood (for 50 years) collecting awarded courts judgments are 50/50 and many times 0 monies ever collected/received.  So I Googled dis topic and dis is what came up.  Yep, collecting court judgments results with about a 50/50 outcome.

Google AI.

Studies and legal industry estimates suggest that plaintiffs successfully collect at least some money on only about 50% to 60% of civil judgments. In many cases, particularly those involving individual defendants rather than large businesses or insured entities, the rate of full recovery drops significantly, with a substantial portion of winners recovering nothing at all. [1, 2, 3]

Winning a civil lawsuit means a judge or jury has agreed you are owed money, but it does not automatically result in cash in hand. The plaintiff becomes a “judgment creditor” and the defendant becomes a “judgment debtor,” and the burden of tracking down the money falls on the winner. [1, 2]

Why Recovery Rates Are Low

Lack of Assets (Judgment Proof): Many defendants simply do not have the money, property, or steady income to pay the judgment.
Bankruptcy: If the defendant files for bankruptcy, the civil judgment may be discharged, leaving the plaintiff with nothing.

Hidden Money: Defendants can intentionally hide assets, making them difficult or prohibitively expensive to locate. [1]

Tools for Collecting the Money

If a defendant refuses to pay voluntarily, plaintiffs in jurisdictions like California can use involuntary collection methods to compel payment: [1]
Wage Garnishment: Taking a percentage of the defendant’s wages directly from their employer.

Bank Levies: Freezing and seizing funds directly from the defendant’s checking or savings accounts.

Property Liens: Placing a lien on real estate or valuable property, which forces the plaintiff to get paid if the property is sold or refinanced.
Till Taps / Keepers: Sending a sheriff to physically collect cash directly from a defendant’s operating business cash register. [1, 2, 3, 4]

Recovery Costs and Interest.

The collection process requires extra time, effort, and money, as plaintiffs must front the costs for court filings, sheriff fees, and potentially private investigators or collection attorneys. However, in California, you can generally add the costs of collection and post-judgment interest—which is typically 10% per year—to the total amount the defendant owes you. [1, 2]

If you are currently trying to collect an unpaid judgment, you can utilize the Los Angeles County Consumer and Business Affairs services for guidance on the local enforcement procedures, or consult the California Courts Self-Help Guide for forms related to post-judgment collections.

PS.  A good example was the OJ case.  The Goldman and Brown family sued OJ and was awarded a big court judgment, $33 M and then increased to $58 M, but have not received anything as of today.  I read dat OJ’s estate is estimated about $500 K to $800 K.  Dang, all da lawyer fees (30 years of legal actions) must have amounted to Mucho $1 for da Goldman and Brown families.  Many times suing an individual is a lost cause…  Cheers

[GTrojan2]

OJ’s estate was in Florida.  Principal residences in FL, as I understand it, are exempt from execution there.  Pension funds are generally exempt from execution and OJ’s income was his NFL pension.

[Butkus51]

Good info Bruddah GTrojan.  I knew dat OJ’s pension was exempt.  Did not know anything about home ownership in Florida are exempt from civil suits.  My thinking OJ must have just rented when he moved to Florida.  In any case the Goldman and Brown families have not gotten a dime all these years…  Cheers

[Butkus51]

Oh, I want to share my friend’s auto accident settlement case, around 1998.  From memory, here are the basic details.  His lawyer got him a $350 K settlement.  But, he ended up with only about $110 K actual money.  It took about 5 months for recovery + followup treatments.  The defendant had little assets so they did not go after his personal assets.   At least the defendant had decent auto insurance coverage.

$350 K settlement amount.

–  $115 K went to his lawyer.

–  $125 K about went into total medical expenses, car rental, new car and other… etc. ?

+  $110 K  about actual $1 received after these 2 major deductions?

• This reply was modified 1 month, 1 week ago by Butkus51.

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