How do I file a proof of claim with the Receiver?
In order to file a proof of claim, you will need to complete a proof of claim form and file it with the Receiver. To be considered timely filed, claims must be postmarked on or before Monday, February 28, 2011.
On December 16, 2010, the Receiver mailed proof of claim forms to individuals and entities that the Receiver identified as having a possible claim in the IMSC estate. If you did not receive a proof of claim form and have a claim you would like considered, please make a request for a proof of claim form by completing the "Contact Us" form. You may also contact the Receiver by calling #850-413-3081 (toll-free to Florida residents by calling #800-882-3054).
I received a proof of claim form for an unearned premium claimant but I did not receive a proof of claim form for a repair claimant (loss claimant). How do I now obtain a proof of claim form for a repair claim?
The proof of claim mailing was not sent to claimants that have a known pending loss repair claim. On December 15, 2010, the Receiver instead mailed letters to claimants that previously either filed a repair claim with IMSC prior to the receivership being initiated or with the Receiver after the company was placed into rehabilitation. The purpose of the letter is to acknowledge receipt of the previously filed claims and to provide assigned receiver claim numbers ("RCN"). If you receive a letter for each of your previously submitted repair claims, no further action is required by you at this time. If you do not receive a letter, you will need to file a proof of claim form in order to file your repair claim against the estate.
I did not receive a proof of claim form in the mail or have misplaced it. How do I now obtain a proof of claim form?
If you have not received your proof of claim form, please contact the Receiver using our "Contact Us" form. You may also contact the Receiver by calling #850-413-3081 (toll-free to Florida residents by calling #800-882-3054).
When the Receiver initiates a mail out, we must rely on the data within IMSC’s records. If you did not receive a proof of claim form, it could be that the mailing address on file is incorrect.
What happens if I fail to file the proof of claim form by the February 28, 2011 deadline? Can I still file a claim? Will it be considered late-filed?
Yes, you may still file a proof of claim after the February 28, 2011 claims filing deadline. However, any proof of claim form postmarked after February 28, 2011 will be processed as a “late-filed” claim. Late file claims are given a lower claimant class priority.
If you believe that your proof of claim form should be considered timely-filed, you may submit a request to have the Receiver consider accepting your proof of claim form as timely-filed. With appropriate supporting documentation, Florida Statute 631 gives you the right to petition the Receivership court (Second Judicial Circuit Court, Tallahassee, Leon County, Florida, Case Number 2009-1568) to accept your claim as filed timely.
I noticed the original claims filing deadline was extended from December 19, 2010 to February 28, 2011. Will the claim filing deadline be extended again?
No. The claims filing deadline will not be extended again. The Receiver experienced many difficulties in extracting a complete list of warranty owners from the company's data. As a result, the Receiver requested and were granted court approval to extend the filing deadline until February 28, 2011 to insure that all claimants have adequate time to file their claim.
Can you verify receipt of my proof of claim?
If you decide to submit a paper proof of claim form you should send it by certified mail, return receipt requested, or overnight mail (FedEx, UPS, etc.) and save the delivery certification cards as proof of timely mailing. No confirmations of receipt of individual proof of claim forms will be mailed.
When will my claim be paid and how much will I receive?
The amount of any potential payment is unknown until after the amount of all liabilities has been established and all reasonable efforts to recover and liquidate assets have been exhausted. Please be advised that it may take several years before a distribution of assets, if any, is made in this receivership, due to collection efforts and litigation.
What if I don’t know the exact amount of my claim or don’t have all the documentation available at the time I submit my proof of claim?
In the amount claimed field on the proof of claim form, enter “$1.00” if you don’t know the exact amount of the claim. Be sure to put your claim identification number on the documentation so that it can be identified and matched to your proof of claim.
The paper proof of claim form has a box for indicating whether the claim is a secured claim. What does this mean?
"Secured claim" means any claim secured by mortgage, trust deed, pledge, deposit as security, escrow, or otherwise but does not include a special deposit claim, a claim against general assets, or a claim based on mere possession. In other words, if a claim is secured by some form of collateral, it is considered a secured claim.