Friday, July 01, 2005 6:37:42 PM
Plumear, we agree that IDCC should play hardball with Nok and IDCC should not waste one minute (they have not) in going to court to seek confirmation of the Final Award and a monetary judgment.
Sequentially, we first need to obtain a monetary judgment which can then be enforced i.e. collected. Unfortunately, the remedy of injunction as you suggest just does not come into play in collecting on a monetary judgment.
Fortunately, collection against Nok will be easy, so Nok should not let it get to that point. IDCC could, for example, serve a writ of execution on Nok's customers e.g. Cingular, stating that any money due to Nok shall instead be paid to IDCC (up to the amount of the judgment), so Nok will certainly not let it get to the point of involving their customers in forced collections. I have no doubt we will get paid, but we may need to obtain a MONETARY judgment in hand, first.
MO,
Corp_Buyer
Sequentially, we first need to obtain a monetary judgment which can then be enforced i.e. collected. Unfortunately, the remedy of injunction as you suggest just does not come into play in collecting on a monetary judgment.
Fortunately, collection against Nok will be easy, so Nok should not let it get to that point. IDCC could, for example, serve a writ of execution on Nok's customers e.g. Cingular, stating that any money due to Nok shall instead be paid to IDCC (up to the amount of the judgment), so Nok will certainly not let it get to the point of involving their customers in forced collections. I have no doubt we will get paid, but we may need to obtain a MONETARY judgment in hand, first.
MO,
Corp_Buyer
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