so IBill's gonna pay... well at least partially for now.

Quote:

Originally Posted by MWCren

My thoughts on the 2 year payout is that its better than nothing. As one of the little guys that got squeezed hard with the entire situation, I learned a valuable lesson about having all my processing eggs in one basket. I had resigned myself to the idea of never seeing the money, expecting a Chapter 11 filing, and receiving a debtor claim form from the bankruptcy court. I can't afford to hire an attorney in FL to sue them, so I'm one of the many that has been hit hard.

Small claims rules are applicable to all civil actions in the county courts in which the demand or value of property involved does not exceed $5,000 exclusive of costs, interest, and attorneys' fees.

Florida Rules of Court allow a person to file a claim in small claims court with or without a lawyer. The forms needed may be purchased and filed with the Clerk of the Court's office located in the Courthouse.

The Clerk's office is allowed to assist with a small claim by assisting in the preparation of a statement of claim.

Clerk of the Courts Telephone Numbers

Brevard County - 321-637-5413
Hillsborough County - 813-276-8100 ext. 7803
Orange County - 407-836-2060
Osceola County - 407-343-3500
Pinellas County - 813-582-7681
Polk County - 863-534-4540
Seminole County - 407-665-4330
Volusia - 904 - 736-5907

General Information - You can't be too well prepared!

What is a small claims case?

A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest, and attorney fees.

Is an attorney necessary?

No. Small claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a small claims case.

Who can file a small claims case?

Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case. Each person who is a party to the claim must appear at the Clerk's Office to sign the necessary paperwork in the presence of a deputy clerk, or the signatures must be notarized.

MORE INFORMATION

The fee to file is around $200. I'm sure it would cost less for IBill to pay you after you file suite, then it would for them to hire an attorney to show up in Florida small claims. And if they don't show up to the hearing you receive a default judgement and can proceed collecting your money, worst case scenario you pay $100 to the court to garnish the income of the losing party. You don't need an attorney. The county clerk helps you fill out every form, that is their job.

I can't help but to feel exercising your rights, with a guaranteed winning result, is better then signing your rights away and hoping for the best. My .00002 cents worth

I'm taking Ibill to Small Claims Court on April 19 in Oakland, Ca, so I will keep you updated on the results. The judge may throw it out because I probably should be filing in Florida. If it doesn't work, I will file again in Florida.

I don't think Ibill will survive till 2007. It's just giving the execs time to find new jobs between now and then.

well, small claims might be a good option for those websites that are owed less than $5000, however for us, this is not an option as they owe us much more than that. I am sure that if litigated they would probably pay, however, in order to litigate this would require giving an attorney 40% or more. I am wondering if we can explore the option of selling the promissory note as a receivable....

I agree that the 2 year option is better than nothing but it sure is a crappy deal.