10-14-2010, 11:56 AM
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It's 42
Industry Role:
Join Date: Jun 2010
Location: Global
Posts: 18,083
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Quote:
Originally Posted by nettrust
I take it you have never heard of Overnight FedEx, Overnight UPS or courier services? Notice would be accomplished in a matter of a few days and then during the 30 day response time, ePass or its receivers need do NOTHING with the funds except sit on them!
Filing a lawsuit prior to Oct 18 or even for sometime thereafter if ePass is actually sending out wires, would bring the whole thing to a grinding, crashing halt and tie up everyone's money for who knows how long!
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As far as serving ePassporte you can't serve them, they are a dissolved LLC there. If you could prove fraud or pierce the corporate vial somehow, you might be able to join the corporate officers personally then you would have to serve them .
However, what good would it be to get service and sue a defunct corporation's receiver for the acts of the corporation prior to the dissolution? ? none.
Serving your claim of funds owing upon the dissolved corporation's receiver using Fed-x Express makes a lot of sense.
As far as tying up the money ? 1.) who says the funds could be found to tie up? 2.) do the funds even exist?
Where would you prefer your money to be if it could be found? In Mallick's pocket or in the escrow account of a court of law?
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