Johnny Depp could save Amber Heard from going BANKRUPT over $8.3M damages
Update: Amber Heard's team has appealed the judgment which awarded the case in favor of Johnny Depp. Read here.
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For Johnny Depp it was six years and for the trial watchers six weeks - the time it took for a court to make a decision in the actor's defamation trial against his ex-wife Amber Heard. Depp claimed he was a victim of Heard's defamatory claims in The Washington Post op-ed she wrote in 2018 in which she called herself a "public figure representing domestic abuse." On June 1, the jury in Fairfax found Heard guilty of defaming her ex-husband and ordered her to pay $15 million in damages, posing financial risks for the 36-year-old actress, according to experts.
Although Heard's wealth is unclear, experts say she might be forced to declare bankruptcy. Entertainment industry expert Kathryn Arnold in her testimony estimated that Heard suffered $50 million in damages due to the damage to her reputation. However, she has still earned millions for her work in TV and films such as "Aquaman" and "Aquaman 2." She previously received a $7 million settlement from Depp after their 2016 divorce, which she pledged to donate to charities including the American Civil Liberties Union. During the trial, she said she hadn't yet fulfilled the pledge because of Depp's $50 million lawsuit against her.
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“I still fully intend on honoring all of my pledges,” Heard said regarding the ACLU money. “I would love him to stop suing me so I can.” Terence Dougherty, chief operating officer and general counsel of the American Civil Liberties Union (ACLU), also alluded to Heard’s money problem, telling jurors that the actress last cut a check in 2018 but stopped making payments because “we learned she was having financial difficulties.”
However, experts indicated that there are several things that could happen if she admits her inability to pay for the verdict.
Johnny Depp can see Amber Heard's financial records
“Whenever anyone claims an inability to pay a judgment, the prevailing party is entitled to broad discovery on that point,” explained Duncan Levin, a former Manhattan federal prosecutor turned criminal defense lawyer who has previously represented Clare Bronfman. “Here, that means that Depp, now that he has won, will be likely entitled to see financial records and even take depositions on her ability to pay," Levin told Daily Beast.
Levin also noted that since the case is in Virginia, therefore, the state laws prohibit punitive damages higher than $350,000. Hence, Heard will not have to pay the full $5 million punitive damage judgment issued by the jury reducing it to $350,000 in punitive damages and $10 million in compensatory damages. Moreover, Heard has also been awarded $2 million from her $100 million countersuit and she also has at least two upcoming movies that may provide her income.
Former federal prosecutor Neama Rahmani told the publication that Heard may not have to pay the damages at once. In Virginia, Depp has up to 30 years to collect his judgment. He added that both sides are entitled to ask for financials if either actor claims they don’t have the funds to pay the judgments.
Can Amber Heard can file for bankruptcy?
According to attorney Sandra Spurgeon of Spurgeon Law Group in Lexington, Kentucky, who spoke to CBS: "For an individual who doesn't have the ability to pay the judgment and no ability to post the bond, then there is a real issue if the winning party intends to execute the judgment." She further said that Heard also has the option of filing for bankruptcy, which would eliminate the $10 million in compensatory damages. But the $350,000 in punitive damages can't be discharged in a bankruptcy.
Amber Heard could appeal the judgment
Everyone wants to know if Heard will appeal the verdict. Spurgeon says that in hopes of getting a more favorable judgment and reducing the payment, the actress could appeal but she would have to post a bond for the full $10.35 million in damages, which may or may not be feasible.
Amber Heard's future wages could be garnished
In the event the actress expresses the inability to pay the compensation settlement, legal experts say there is also another way, besides the appeal. She could end up with her current and future wages garnished. Wage garnishment happens when a court orders that an employer withhold a specific portion of a person's paycheck and send it directly to the creditor or person to whom they owe money, until the debt is resolved. The actress will have legal rights, including caps on how much can be taken at once. And she can take steps to lessen the drain. Previously in 2011, a judge had ordered Charlie Sheen‘s former bosses to garnish $55,000 a month for child support from any payments they make to the former 'Two and a Half Men' star. The court had approved a request by Brooke Mueller Sheen to garnish any payments Warner Bros. Television makes to her ex-husband.
How can Johnny Depp save Amber Heard from going bankrupt?
Heard and several witnesses have testified on the stand that she may not have the immediate funds to pay her ex-husband. In light of the bankruptcy rumors and the possibility of her future wages being garnished, lawyers think that her ex-husband may just have the means to save. As Rahmani noted: “This whole trial is about more than money. It’s about vindication and about setting the facts straight.” Will Depp really enforce the judgment against Heard? Is he really going to take her wages? Spurgeon says: "He's in the driver's seat right now. She adds he could even negotiate for a lower figure.
Depp could decide to waive any monetary compensation, however, so far he has not indicated whether he intends to pursue the monetary judgment against her. The 'Pirates of the Caribbean' actor noted in his statement after the verdict in his favor that the “goal of bringing this case was to reveal the truth, regardless of the outcome.”
“Speaking the truth was something I owed to my children and to all those who have remained steadfast in their support of me,” he wrote, adding, “I feel at peace knowing I have finally accomplished that.” Depp said that he hopes his “quest to have the truth be told will have helped others, men or women, who have found themselves in my situation, and that those supporting them never give up.”