Small Business Debt Collections Law Trap

Posted by on August 28, 2015

By Joel Walsh

When someone owes your small business money, you certainly feel like a victim. But did you know that if you aren’t careful, you could break the law by trying to get the money back?

How to Break a Federal Debt Collection Law

You have a small business, and your bills are coming due soon. You could easily pay those bills if a few thousands dollars of overdue invoices were paid. It’s time to give your clients a few friendly reminders

1. You call up the biggest debtor at his home number. The debtor’s girlfriend answers and you leave the message that you were just calling to remind her husband about the invoice you had sent last month.

2. You get into an argument over the phone with the next debtor. In the heat of the moment, you say you’re referring the debt to you attorney–when in reality, you know you can’t afford to do that.

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3. It’s getting late–in fact, it’s already after 9pm. But you know that debtor number 3 tends to stay up quite late, so it’s practically midday for him. So, you cheerfully give him a call and remind him about the invoice of a couple of months ago.

Congratulations, you may have just broken a federal law three separate times. Plus, you could be sued for it.

Collections Laws Finer Points

Have you figured out what collections law you broke yet? It’s the Fair Debt Collections Practice Act (FDCPA), the federal law for collections. Meant to protect consumers from harassment, it has a clear list of things you can’t do. Let’s look at what you did wrong in the last example:

1. Never tell someone other than the debtor that you are calling about a bill. You can, of course, leave a message that you called. You can even call someone simply to find out if they know if a hard-to-reach debtor has moved house. But you cannot under any circumstances let on that they owe money. Simply leave your name and phone number as with any other “call me back” telephone message.

2. Never claim to be involving an attorney when you are not. Of course, this might seem like a soft area of the law, since intentions are fuzzy. But, for instance, if it’s clear that suing to recover the debt would cost as much as the debt itself, your bluff will be obvious in retrospect. To be on the safe side, don’t ever claim to have involved your lawyer.

3. Never call before 8 am or after 9 pm, unless you have the explicit permission of the debtor. But unless that permission is in writing, you’re safer not calling during those hours, anyway.

Unfortunately, not every aspect of the law is as straightforward as this case. For instance, the law is only supposed to apply to consumer collections, not business collections. But with home business and telecommuting blurring the line between work and home, you’re better off following the law’s dictates in every case.

Plus, the law has numerous other protections for debtors–or traps for collectors, depending on your point of view.

Feeling daunted? Before you give up on ever seeing your money again, consider outsourcing your over-aged accounts receivables to a professional collections service. After all, there’s no law saying you should let customers rob you.

Please note this article is not intended to give legal advice and may not be complete or up to date with the most current collection laws changes.

About the Author: Joel Walsh has written more tips on debt collection laws:

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Trial for Texas lawyer accused of murder enters third day

Posted by on August 28, 2015

Wednesday, December 3, 2014 

The trial of a former Texas justice of the peace, accused of killing three people in Kaufman County in early 2013, entered its third day this morning. The defendant, Eric Williams, is being tried for one of the three murders, specifically involving the death of Cynthia McClelland.

Media reports indicate the prosecution in the case intends to rest its case today. Prosecutors allege that McLelland was fatally shot by Williams inside her home Easter weekend of 2013. During opening remarks on Monday, the prosecutor stated Williams killed McClelland in a “blizzard” of bullets. She was the spouse of public prosecutor Mike McClelland whom police allege Williams also shot and killed during the same home invasion.

A separate prosecutor, Mark Hasse, was also allegedly killed by Williams in a separate incident. Early on the trial’s first day, a reporter for the Dallas Morning News posted on Twitter that Williams looked, “…like the attorney he once was.” The cases garnered much attention, as initially, authorities considered a wide variety of theories. However, upon further inquiry, their attention ultimately turned to Williams. Police allege Williams and his wife carefully planned the murders as revenge for the prosecutors’ official actions in an earlier case against Eric Williams. Prosecutors have chosen at this time, to only bring the case of Cynthia McClelland’s murder to trial.

Williams’ wife, Kim, also faces capital murder indictments pertaining to the murders. Her trial date has not yet been set.

After McLelland’s and her husband’s deaths, many public figures in the county began attending community meetings with bodyguards over fears of other possible murder attempts. Other public officials in parts of Texas expressed fear during the time when the murders were happening.

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Female lawyers to be granted court access in Saudi Arabia

Posted by on August 28, 2015

Tuesday, February 23, 2010 

Female lawyers in Saudi Arabia may soon be granted limited court access for the first time. Mohammed al-Issa, the justice minister, said that the law was part of King Abdullah’s ongoing reform to Saudi Arabia’s judicial system. The law would allow female lawyers to represent other women at family-related cases, including marriage, divorce, and child custody.

Saudi women that are educated in law are currently permitted to work in the female section of government and court offices. Positions of higher authority are reserved for the opposite sex. The Saudi government is also building specialized “personal status” or family courts where female lawyers will be permitted to practice.

Women rights are strictly defined by Islamic Sharia law in Saudi Arabia. Employment and educational opportunities are dependent on a system of male guardianship. For example, a female under the age of 45 must gain the approval of a male before traveling.

According to the BBC, the law and other minor changes are steps in the direction of easing restrictions placed on Saudi women.

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Pirate Bay case: Internet group attacks websites in “Operation Baylout”

Posted by on August 28, 2015

Saturday, April 25, 2009 

Anonymous, the loosely defined online activist group most known for organizing mass protests against the Church of Scientology, has begun a campaign against the websites of entities associated with the prosecution in the Pirate Bay Trial, Wikinews has learned.

Termed “Operation Baylout”, the group claims that hundreds of volunteers are taking part in coordinated efforts to jam the websites of the International Federation of the Phonographic Industry and MAQS, a law firm working with the prosecution in the Pirate Bay case. As of Friday evening MAQS’s website read “Our website is currently under attack and we have therefore decided to shut it down until the attack ceases.”

The group is also coordinating efforts to jam the fax lines of the MPAA’s anti-piracy office and of prosecuting attorney Monique Wadsted.

Andrew Norton of Pirate Party International rejected the attacks, saying, “While we can’t condone these acts, it does show there is a wealth of feeling that opposes the decisions and actions of this trade body. Perhaps if this trade group [the IFPI] was not so focused on increasing their members’ short-term profits, and focused on long term growth and giving customers what they have wanted for the last 10 years, we would not all be in this situation now. However, if people really want to make a difference, and get a result, then they should be supporting their local pirate parties, which will give a lasting result, by providing a government that is more resistant to the lobbying efforts of the IFPI and their ilk.”

While one participant told Wikinews that he or she had taken part in the Church of Scientology protests, and while websites announcing the attacks claim to be affiliated with Anonymous, the decentralized and informal nature of the group makes it difficult to verify whether the attacks are a “legitimate” Anonymous operation.

Some seven hundred to one thousand users took part in an April 20 distributed denial of service (DDOS) “raid” against the IFPI’s website, taking it down for several hours.

The group makes use of Anonymous’s tactics from Project Chanology in coordinating raids. Ideas for targets are proposed in open discussion forums on a range of websites, mainly spinoffs of 4chan, although both participants Wikinews spoke to expressed disdain for that site particularly. When an idea finds favor with a significant portion of the group, it quickly — sometimes within four hours — evolves and is elaborated through a number of IRC channels. As a plan develops, word is put out to other members, and when enough people are assembled, the members activate customized but rudimentary programs downloaded from popular anonymous upload sites such as RapidShare to their home computers. These programs, “Epic Fail Cannon” and “Bayloutlazer”, execute a UDP ping flood against the target website. Most participants are by and large not computer experts, instead relying on the instructions and programming skills of others.

The group also coordinates its efforts through Anonymous’s message boards and one message announced, “Do local coordinating for individual cells on their respective Chanology boards.” Posters to those boards express common themes in support of The Pirate Bay: against censorship, for freedom of information and in personal concern about being jailed for internet piracy.

However, most participants are casual rather than dedicated members, involved “for lulz” — cheap entertainment at the expense of others.

One participant quoted to Wikinews the following statement from 888chan.org, a message board where the Baylout raids originated: “Project Chanology began as an online attack against Scientology because they fucked with our Internets. Nothing more. 2) It has since morphed into a caricature of itself, in which moralfags genuinely think it’s all about destroying an evil cult. We couldn’t care less about how evil they are except that they fucked with our Internets. 3) The lulz value of Project Chanology now lies in the fact that Anon has managed to personal army thousands of people into destroying our enemy for us. People will go to great lengths to participate and contribute to a “cause” when they don’t know they’re the victims of a very grand and subtle troll. The lulz is not in what they do but in the fact that they are being PA’d by Anons. This moralfag personal army in turn trolls everyone who takes them seriously, because they take themselves seriously, without ever being aware of the fact of the troll themselves. It’s pretty slick tbh.”

It is, however, entirely possible that this assertion is itself a bluff.

Coordinated attacks against Swedish government and media industry websites have become commonplace in retaliation for legal actions against The Pirate Bay.

The group plans its next raid to take place at 12:00 GMT on April 26, against the IFPI’s Swedish website. Previous attacks on websites have been attributed to the same group. On January 20, 2008 Anonymous claimed responsibility for attacking the Church of Scientology’s website which resulted in an arrest. In October 2008, Dmitriy Guzner, aged 18, admitted to the DDOS attack on the Church and pleaded guilty to computer hacking.

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Everything That A Physical Therapist Must Go Through

Posted by on August 1, 2015

By Blake Maxted

Physical therapists are healthcare professionals qualified to use various rehabilitation methods for the treatment of abnormalities or injuries causing the limited body movements of patients. It is crucial that the patient and his/her physical therapist work together to make the rehabilitation procedures a success. What this means is that these are the medical professionals who actually enable affected individuals to avoid more movement problems by way of healthy living as well as effective conditioning routines. If you are planning to become a good physical therapist, what you will need to do first is locate a good PT school to obtain exceptional training and instruction.

Step 1: Obtain an Undergraduate Education

The first step to become a physical therapist is to get admission to a graduate degree program in a certified physical therapy college. Prior to this, you need to complete a bachelor’s degree program first. You may take up any bachelor’s degree major provided that it covers science and math programs which are strongly related to physiotherapy training. These kinds of programs consist of chemistry, physics, anatomy as well as biology. Also, it is suggested that physical therapy students get some hours of internship in some hospitals’ physical therapy units. Nearly all physical therapy colleges require that candidates for higher degree programs get such practical training.

Step 2: Get a Graduate Degree

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The American Physical Therapy Association or APTA requires all physical therapists to receive a graduate degree in the field of physical therapy. It usually takes 2 to 2.5 years to complete a master’s degree program. In contrast, doctorate degree programs usually require three years to finish.

Step 3: Belong to a Post Degree Residency Program

Upon finishing a higher education program from an accredited PT school, it will be important for you to attend a residency program in hospitals or clinics. According to the mandate of APTA, a residency program must involve 1500 hours of specialized medical practice, which will be taken between 9 and 36 months. As a resident, you’ll be able to assess and diagnose patients but this should be with the direction of a certified physical therapist. You will be doing this as you are getting a training in your area of expertise.

Step 4: Pass the Physical Therapy Licensure Exam

A physical therapist will not be allowed to practice without getting a license. The requirements for licensing depend on which state you intend to practice. However in general, states demand that applicants possess graduate degrees from the certified PT schools. Aspiring physical therapists in the United States are required to pass the National Physical Therapy Examination or NPTA, which is given by the Federation of State Boards of Physical Therapy.

Step 5: Be A Specialist In Your Chosen Field

As a physical therapist, you’ll have an option to be a specialist in the field of physical therapy. You can do this by obtaining a certification from the American Board of Physical Therapy Specialties or ABPTS. The most typical areas of expertise are neurology, geriatrics, orthopedics, and sports. All physical therapists who wish to proceed to specialization should be licensed physical therapists already. It is also necessary that they have a minimum of 2,000 hours of practice in whichever specialty they select.

About the Author: If physical therapy sounds like a profession you might just be serious about you can track down physical therapy schools right now by dropping by our online physical therapy school guide.

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Commonwealth Bank of Australia CEO apologies for financial planning scandal

Posted by on August 1, 2015

Thursday, July 3, 2014 

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

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Commonwealth Bank of Australia CEO apologies for financial planning scandal

Posted by on August 1, 2015

Thursday, July 3, 2014 

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Topics: Uncategorized | No Comments »

South African prosecutors charge ANC leader Jacob Zuma with corruption

Posted by on July 31, 2015

Saturday, December 29, 2007 

Corruption-related charges have been brought against Jacob Zuma, the newly-elected leader of the African National Congress (ANC), according to his lawyer. A trial is scheduled to begin on August 14, 2008.

The charges stem from an arms deal with a French company, which is alleged to have involved bribes and fraud. Zuma’s financial adviser at the time, Schabir Shaik, was convicted in 2005 of attempting to solicit a bribe of US$72,500 per year from the arms company on Zuma’s behalf and was sentenced to 15 years in prison. Zuma was fired as deputy president in 2005 by South African President Thabo Mbeki due to the scandal.

Two-term ANC leader Mbeki recently lost an ANC leadership contest to Jacob Zuma, who garnered about 60 percent of delegate votes in his win.

Zuma had been charged with corruption in 2005, but the case was dismissed on procedural grounds. Michael Hulley, Zuma’s defence lawyer, indicated that they will strongly contest the new charges in court. Hulley also suggested that the South African government’s National Prosecuting Authority (NPA) and its anti-organised crime division known as The Scorpions, have carried out a smear campaign against Zuma.

“These charges will be vigorously defended, in the context of the belief that the Scorpions (NPA) have acted wrongly and with improper motive calculated to discredit Mr. Zuma and ensure that he play no leadership role in the political future of our country,” said Michael Hulley in a statement.

Given that the ANC has been the governing party in South Africa since the end of apartheid in 1994, it is likely that Jacob Zuma could become the next president after general elections in 2009. Zuma has said, however, that he would resign if he was found guilty by the courts.

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Best Erp Manufacturing Software Reduce Cost Of Production And Increase Sales

Posted by on November 18, 2014

Best ERP Manufacturing Software – Reduce Cost Of Production And Increase Sales

by

Peter Naruka

Though today many enterprise resource planning software are available for manufacturing units yet lot of analysis is required to choose best type of ERP manufacturing software. Today SAP manufacturing, Oracle JD Edwards, Microsoft Dynamics Axapta, Infor, Sage, Tally and few more are popularly used as manufacturing software yet one has to compare the requirements after analyzing the business with the software to choose the best type of ERP software. Some of the modules found in ERP manufacturing software are master data, product data, service management, SCM, CRM, HRM, production, enterprise performance management, sales and financials. Recently number of software has surged in the market with lesser price and low cost of maintenance but selection of the software shall be done not before analyzing the requirements in full.

One of the main features of the best type of ERP software is to provide simplified methodologies for generating RFP. The buyer can check the documents if module enquires about the vendors, its services, customer base and stability. Pricing structure is one of the most important parts of RFP and also legal obligations shall be handled properly. Overall the software should aim and capable of increasing sales, reducing cost of production, increase market share and should be scalable to adept to the changing needs in the future.

The best type of ERP manufacturing software should provide the company integrated inventory control, flawless resource planning, proper raw material acquisition and shop floor control. It should also be able to keep history and track of products after sales, manage purchase orders, production scheduling and eliminate double entries.

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The best type of ERP manufacturing software should also possess capability to reduce manufacturing costs and improve quality of products, it should be able to increase production cycles by reducing lead time and making process speedier and should reduce wastage and total work cycle time. Large manufacturing units may have marketing offices at different locations, these locations can be within the country or may be beyond. The software should be able to provide control over these units irrespective of their geographical locations. Similarly even manufacturing units of any large organization can be at distant locations, management of these units shall be easier, efficient and transparent through ERP software for manufacturing units. Overall the best type of ERP manufacturing software shall have scope for globalization of business.

Better market visibility and accurate predictions about changes in the supply and demand is another feature which shall be available in the best type of ERP manufacturing software. Integration of ERP with other software developed in different technologies is also an important aspect of the manufacturing software, in absence of smooth integration the efficiency of the enterprise resource planning software is bound to get reduced in future.

Sound reporting system helps the management in taking timely and correct decisions which is a necessary feature of quality ERP manufacturing software. It should also help in making communication with vendors, partners, suppliers and also with customers smooth and prompt. Better communication develops customer satisfaction, improves quality of product, increases company\’s credibility and also increases overall business and profit margins.

Read about

ERP for Manufacturing Company

. Also know

ERP for Lean Manufacturing

. Read about

ERP for Process Manufacturing

.

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Arcelor declares merger with Mittal Steel

Posted by on November 17, 2014

Sunday, June 25, 2006 

Arcelor, Luxembourg’s largest steel company, has reached in an agreement with Mittal Steel over a €26.9 billion merger (at €40.44 per share). The new company will be called Arcelor-Mittal. Mittal Steel will hold 45% stake in the new company. Arcelor would pay Severstal €130 million as a “fine” for the fall-out of their failed talks. Lakshmi Mittal (owner of Mittal Steel) and Joseph Kinsch (current Arcelor chairman) will be the co-chairmen of the new company. The new company will have a net capacity of 120 million tonnes.

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