Poplar Bluff seizes Internet firm's assets

By DAVID SILVERBERG ~ Daily American Republic

POPLAR BLUFF, Mo. -- Assets owned by Poplar Bluff Internet were seized Thursday to partly satisfy a $206,787 judgment the city of Poplar Bluff obtained in Butler County Circuit Court.

Butler County Sheriff's Department process server Jerry Armes executed the judgment while being accompanied by Poplar Bluff Street Department workers with a truck and a trailer.

City attorney Wally Duncan received a list of the assets Thursday afternoon.

"We are going to examine the property consisting mostly of computer related items and will try to place a value on it, but it is not going to be very significant," Duncan said.

Brian Becker, president of Poplar Bluff Internet, has appealed the June 13 summary judgment granted to the city on its counterclaim.

Carter County Judge Michael Ligons ordered Poplar Bluff Internet to pay the city $175,865 in unpaid Internet access bills plus $30,922.18 in interest.

The bills are owed for Internet access Poplar Bluff Internet received from Sept. 15, 2010, until the city's open access policy was terminated May 9, 2011.

In granting the summary judgment, Ligons ruled Poplar Bluff Internet "has breached its contract/account with the city and has been unjustly enriched by receipt of the city's services by failing and refusing to pay the city the balance due under the contract after numerous demands have been made upon it."

On July 22, Duncan filed a request for execution of judgment and garnishment.

During an earlier court hearing, Becker admitted he received services with knowledge of the rates, but protested some of the usage calculations and contended the rates are unlawful. Poplar Bluff Internet has made only partial payments on the bills.

On March 18, 2011, Becker filed a lawsuit against the city, alleging the city overcharged for access to its broadband network and interfered with his business by terminating access to the network.

The city's request for a summary judgment against Poplar Bluff Internet was granted by Ligons on Nov. 25, 2011.

Becker also is president of Bluff Technologies, which is doing business as SEMO.net.