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Old 10-14-2004, 07:47 PM  
scoreman
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Join Date: Nov 2001
Location: Miami, Florida
Posts: 1,491
Quote:
Originally posted by tony404
What are going to say your honor they had financials problems and it took them a whole 6-8 weeks to be current with me when others just closed or filed bankrupcy. What a waste of the courts time.
First I am not suggesting a lawsuit, only that a class action would likely not be the way to go. Secondly, there is a claim here Tony. You are suggesting in your post that they will pay out soon, what happens if they don't? Would you say after 30 days of non payment there is a claim for breach of contract? 60 days? 90 days?

The contract for iBill states payment will be forwarded as soon as "practicable" but that isnt a carte blanche statement that allows iBill to pay out whenever. Courts will look at past practices to determine what is reasonable and if iBill had established a routine for 7 years of paying out after 7 or 14 days then you have a clear pattern of what is the deal and when it is in breach.

Ok that being said, lets hope payout happens soon so iBill doesnt get swallowed up in legal fees defending itself against claim after claim. That alone could force them to shutter their doors.
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