4FA-18-02818CI Liberty Mutual Insurance Company vs. MS Investments, LLC BAS

Initial Judicial Assignment: Honorable Ben Seekins

Summons and Notice to Both Parties of Judicial Assignment

Attorney Information
            Attorney Sparks, Robert A representing  Plaintiff(s) Liberty Mutual Insurance Company as of 10/31/2018

Complaint for Debt Collection  Receipt: 1566495  Date: 10/31/2018

Affidavit - Return of Service - Summons Served On: 12/04/2018
            MS Investments, LLC (Defendant);

Application for Default Against:
            MS Investments, LLC (Defendant);

Default Judgment for Plaintiff Granted by Judge

Judgment Entered
            Default Judgment Amount:                75,184.18  
            Pre-Default Judgment Interest:         1,062.88  
            Attorney Fees:                           300.00  
            Other Fees:                                 215.00  
            Default Judgment Total:                     76,762.06  
            Terms: Post Judgment Interest: 6%

Entry of Default Granted
            MS Investments, LLC (Defendant);

Writ of Execution Fee (AdR 9(e)(10)) and Information for Writ of Execution.  Receipt: 1615193  Date: 03/21/2019

Accounting Deficiency Notice
            Process server instructions must be filed with the general writ request

Writ of Execution (CIV-500) Issued

Accounting Deficiency Notice You requested issuance of a writ of execution on 4/30/19.  However, there is already an outstanding writ in this case, issued to North Country Process  (process server) on 5/2/19.  Generally, Civil Rule 69(e) only allows one General Writ of Execution (CIV-500) and one Writ of Execution for Garnishment of Earnings (CIV-525) to be issued and in effect at any one time.  To request issuance of an additional writ to a different process server, you must either:
            (a)	request termination of the existing writ, or
            (b)	file a notarized affidavit showing (1) there is property which cannot be served by the process server holding the existing writ because the property is outside the community in which the process server is authorized to operate, and (2) there is good cause to believe the debtor may remove or dispose of the property unless immediate action is taken.  Civil Rule 69(e)(1)(B).
            Note:  Civil Rule 69(e)(2) permits a process server who received the writ of execution to make copies of the writ as necessary.  This applies to both the general writ and the garnishment writ.  It is not necessary to return the original writ to the court until the judgment is satisfied.  No writ or copies may be transferred to another process server except within the same firm.
            Accounting Deficiency Notice (6/17)
            Sent on:  05/23/2019  10:37:03.00

Return of Service on Execution - No Funds
            Costs: $100.00

Motion and Order for Judgment Debtor to Appear
            Attorney: Sparks, Robert A (8611139) 
            Filing Party:  Liberty Mutual Insurance Company
            Case Motion #1

Order Granting Motion
            Case Motion #1
            Motion and Order for Judgment Debtor to Appear

Return of Service - Summons Served On: 08/06/19 on
            MS Investments, LLC (Defendant);

Settlement Agreement
            Robert A Sparks (Attorney) on behalf of Liberty Mutual Insurance Company (Plaintiff)
            MS Investments, LLC (Defendant);

Partial Satisfaction of Judgment
            Attorney: Sparks, Robert A (8611139)

Partial Satisfaction of Judgment
            Attorney: Sparks, Robert A (8611139)

Affidavit of Service

Partial Satisfaction of Judgment
            Robert A Sparks (Attorney) on behalf of Liberty Mutual Insurance Company (Plaintiff)

Motion and Order for Judgment Debtor to Appear
            Attorney: Sparks, Robert A (8611139) 
            Filing Party:  Liberty Mutual Insurance Company
            Case Motion #2

Order Granting Motion 
            Case Motion #2
            Motion and Order for Judgment Debtor to Appear

Reason for Returned Mail: Unendorsed Bulk Business Mail
            Date Returned Documents Were Distributed: 08/24/21
            Type of Document(s) Distributed and Returned Unserved: Motion and Order for Judgment Debtor to Appear
            
            MS Investments, LLC (Defendant);

Affidavit - Return of Service [Motion and Order for Judgment Debtor to Appear, Exhibit A]
            09/03/2021
            MS Investments, LLC (Defendant);

Full Return of Service on Writ of Execution

Motion and Order for Judgment Debtor to Appear
            Attorney: Sparks, Robert A (8611139) 
            Filing Party:  Liberty Mutual Insurance Company
            Case Motion #3

Order Granting Motion 
            Case Motion #3
            Motion and Order for Judgment Debtor to Appear

Return of Service - Summons Served On: 05/10/24
            MS Investments, LLC (Defendant);