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drmicro

04/22/17 9:27 AM

#60249 RE: Chronic The Hemp Hog #60242

Spot on dude.

There is a solid set of facts that can't be avoided.

This already happened, from what I can see, it is possible the company can do something in the future to lower, or even remove their liability, but this is not what the current situation is.

This is a thing that actually happened.
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WallyWest

04/22/17 11:04 AM

#60257 RE: Chronic The Hemp Hog #60242

The 10K reference is just a contingent liability predicated upon the success of the current proceedings against TTCM. It isn't an admission of liability and it doesn't make TTCM liable for the default judgment.

Unless the original judgment against the former sub was obtained by fraud (lying to) the court, I don't see any way to have that judgment set aside at this point, but TTCM doesn't need to have the judgment set aside in order to prevail in this case.

The default against the former sub is useless (an "empty judgment"), unless the complainant is able to enforce against TTCM. TTCM was not a party to the original proceeding against the former sub, and therefore is entitled to raise every defence that the sub could have raised in the original proceeding. In effect, TTCM is entitled to a trial on the merits of the original claim if it is to be found responsible for the obligations of the former sub. TTCM is also entitled to various other defences specific to the cause of action that allows the complainant to try to enforce the default judgment against TTCM in the first place.

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WallyWest

04/22/17 11:26 AM

#60260 RE: Chronic The Hemp Hog #60242

If Morgan isn't successful in trying to make TTCM liable for the obligation the former sub (ie the default judgment), then that contingent liability will come off the TTCM books. It all comes down to the current proceeding.
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rukmusher

04/22/17 3:34 PM

#60271 RE: Chronic The Hemp Hog #60242

It's up to the plaintiff to PROVE the defendants were PROPERLY SERVED. Dr. Leonard is stating he was not served. Hence the first judgement could only be against the trucking company. IF THERE WAS PROPER SERVICE ON TTCM AND THE DEFAULT JUDGMENT WAS VALID....WHY THE 2ND SUIT FILED IN 2017???? Because the 1st one was NOT properly served on TTCM. $TTCM