Quote from: gbx on January 04, 2014, 03:19:19 PM

Quote from: GlapLaw on January 03, 2014, 04:22:17 PM

I'm saying that generally speaking, a default judgment, while a victory for the plaintiff in that specific case, isn't precedent for future cases. In other words, if Jim sues Bob for breach of contract, and Bob doesn't show up, Jim will get a default judgment and "win." If Gary then decides to sue Bob for breach of contract and Bob shows up, Gary can't wave around Jim's default judgment and say "Look! He already lost before so he should lose again!"

Quote from: GlapLaw on January 03, 2014, 04:22:17 PM

.. I just do my best to educate people on some of the less obvious points of the legal system.

Quote from: GlapLaw on January 03, 2014, 04:22:17 PM

Anything contained in the above post should NOT be taken to constitute the establishment of an Attorney-Client relationship. Anything in the above post should NOT be taken as legal advice, either generally, or for your specific situation. Anything contained in the above post should NOT be taken to indicate my opinion on any legal strategy or approach, or the viability of any legal claims.

So which is it?

I'd be more interested to hear your not-an-opinion-or-on the subject that BFL might have a shot at reopening this case. On one hand, the address on their business license (official mailing address) is where you would think to send registered mail for service. However, the place does have a website with an address on it. So there's the common sense thing too... what do the courts consider reasonable effort to contact in the legal world these days with email, internet, and google?

I don't believe there's conflict in what I said and what my sig says. I apologize if my posts give any other impression.

I am simply explaining that while a default judgment is valid and enforceable (though it may be challenged on specific grounds), it generally does not prevent a defendant from showing up in a subsequent lawsuit brought by a different party and contesting the suit.

In other words, a plaintiff winning a default judgment says very little about another potential plaintiff's chance of winning if defendant shows up in that subsequent plaintiff's case.

YMMV, as always.