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  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
  • TBK BANK, SSB vs. IM SERVICES GROUP, LLCet alOTHER CONTRACT document preview
						
                                

Preview

CAUSE NO. DC-21-12578 TBK BANK, SSB, § IN THE DISTRICT COURT § Plaintiff, § v. § 101" JUDICIAL DISTRICT § IM SERVICES GROUP, LLC, K4 § SERVICES LLC, and HENRY ALEC § MCLARTY, § § Defendants. § DALLAS COUNTY, TEXAS hp DEFA LT JUD ENT On this day came to be heard Plaintiff TBK Bank, SSB’s Motion for Default Judgment against Defendants [M Services Group, LLC (“1M”) and K4 Services LLC (“K4”) (collectively, “Defendants”). The Court, afier considering the same, is of the opinion that the Motion is well- taken and should in all respects be GRANTED. Accordingly, the Court FINDS as follows: l. Plaintiff TBK Bank, SSB filed its Original Petition (“Petition”) on September 8, 2021. 2. On September 28, 202l, lM was properly served with a copy of the citation and the Petition. 3. 0n October 7, 2021, K4’s registered agent, Larry Shackelford, accepted receipt of I the Petition and waived issuance of citation and service of process. 4. The deadlines for [M and K4 to file an answer was October 25, 202l, and November l, 2021, respectively. Defendants did not file an answer and have not entered an appearance. AMENDED DEFAULT J QDQMENT Page I 5. [M’s last known address is 5418 N Eagle Rd, Ste. 160, Boise, ID 83713, and its registered agent, National Registered Agents, Inc., 1999 Bryan St., Ste. 900, Dallas, TX 75201- 3136. 6. K4’s last known address, and that of its registered agent, Larry Shackelford, is 96] Peachtree Battle Ave NW, Atlanta, GA 30327. 7. The damages claimed in Plaintifi‘s Original Petition were liquidated and have been proven by the declaration of Tulani M. Ruffin. Plaintiff's damages are in the amount of $913,205.78. 8. Plaintiff is entitled to recover its attorneys’ fees'and expenses in the amount of $4,812.00, which are proven by the declaration of Jonathan Neerman. Such fees and expenses are reasonable and necessary. It is therefore ORDERED, ADJUDGED, and DECREED that Plaintiff shall have and recover from Defendants: i. The sum of $913,205.78; ii. Attorneys’ fees in the amount of $4,440.00; and iii. Legal expenses in the amount of $372.00; It is further ORDERED, ADJUDGED, and DECREED that pre-judgment interest at 5% per annum, from the date Plaintiff filed its Original Petition on September 8, 2021 through the date of this Judgment; It is further ORDERED, ADJUDGED, and DECREED that post-judgment interest shall accrue at the maximum legal rate, from the date of this Judgment until paid; 1t is further ORDERED, ADJUDGED, and DECREED that, in the event of an appeal of or collateral attack on this judgment to the Court of Appeals and/or Texas Supreme Court, Plaintifi‘ AMENDED DEFAULT JQDQMENT Page 2 shall have and recover from Defendants, reasonable and necessary attorneys’ fees incurred in defense of such appeal or attack in the amount of $25,000.00 for an appeal to the Court of Appeals, $25,000.00 for filing or responding to a petition review in the Texas Supreme Court, and $25,000.00 for merits briefing in the Texas Supreme Court; and It is further ORDERED, ADJ UDGED, and DECREED that the clerk shall issue all writs and processes as may be necessary to the enforcement and collection of this Judgment. r Signed on this l day of November, 2021. 4MW4MW: l MQQWM AMENDED DEFAULT JUDQMENT Page 3 3054] 308