Legal Tips

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COLLECTING PAST DUE ACCOUNTS: - dealing With a Spouse
By Jim Finucan
© 2005 Tiare Publications
293 words

Dealing with a debtor often means dealing with a spouse as well.
It’s reasonable to assume that married couples have discussions
about important family matters, such as which bills get priority and
when and how to pay them. One of the two will be in charge of
finances and if you have a choice that’s the one you prefer to deal
with.

Sometimes the person you’re talking to will hand the phone off to
the other. If this occurred because the person you were talking to
got angry and resisted what you were saying then the switch is
probably a good thing. However, the switch may also occur because
the person you talk to first IS listening to what you have to say
and the other spouse senses a weakening of resolve. The tougher of
the two may then take over the phone. You should act as though you
are glad this happened. Keep the pressure on when the switch occurs.
They will feel they are in the stronger position because it seems
like it’s two against one – one of them is on the phone and the
other acts as a cheering section.
That’s OK. In fact it’s ideal! This is a golden opportunity for you
to involve both of them in the resolution of the bill.

“Is this Mrs. Jones?”

“Yes.”

Confirm the identity of the new person first and then take the
initiative.

“Good! I need to discuss this in a rational manner because it’s very
important and we don’t have much time so, are you with me?”

An opening line such as that can make a big difference in how you
conduct the rest of the call. Stick to the basics: Open, Facts,
Dun, close. Make an effort to involve the person in this urgent
need to get the bill paid. Point out the consequences of having a
debt go into collections. Listen to the new person’s tone of voice
and quickly adopt and appropriate strategy. Let the debtor talk but
continue to direct the conversation toward the assets and payment
abilities they have. If they complain about their situation listen
for the information you need which would show them they could pay,
such as their sources of income.

(End)

Jim Finucan knows all about the dances, dodges and delays debtors
will try to pull. Let Jim show you how to double or even triple the
money you collect from your accounts receivable. Check out his
unique collections manual “Past Due.” For more information visit:
http://www.tiare.com/pastdue.htm

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Good Credit Is a Necessity for Daily Living
Copyright © 2005 Jeanette Joy Fisher
Real Estate Credit Help Center
http://www.recredithelp.com/

Most of us want a good credit report to obtain vehicle
financing, credit cards for emergencies and luxuries, and to
finance a home mortgage. However, beyond these consumer
loans, a great credit report makes your life easier.

Having a credit card means that you can order tickets, rent a
car, and reserve hotel rooms. Your strong credit score makes
it easy for you to arrange cell phone service and necessary
utility services, without large deposits.

Besides these conveniences, your credit report can mean that
you must pay high deposits and rates for everyday services.
Did you know that poor credit history can keep you from
getting utility connections, good telephone rates, the best
auto insurance, high-quality home owner’s insurance, or even
prevent you from getting hired?

Some utility companies set minimum standards for service
connections. If your report shows collection accounts for
prior utility bills, you may not be eligible for service at
all. And if they do agree to connect your service, you’ll
need to pay a higher deposit than another customer with good
credit, who may not need to make any deposit. The same
requirements exist for telephone services. People with high
credit scores don’t need to pay deposits for home telephone
or cell phone services.

What many people don’t realize is that good credit enables
them to get better insurance rates. High-quality, low-cost
home owner’s insurance, auto, and life insurance companies
set minimum credit standards for their policy holders. This
means that consumers with poor credit have to pay more for
less coverage. Many automobile insurance companies now base
monthly premiums on credit scores. These companies offer a
17% discount if your score is over 625 and a 25% discount if
your score is over 725. Why? Because according to consumer
surveys, people who care about their credit also take care of
their property and drive with caution.

Terrible credit can cost you a job. More and more employers
look at a candidate’s credit report and hire the person with
better credit, assuming that better credit equals better
integrity and character.

What you don’t know about your credit could be hurting you.
Don’t wait until you need your credit to work on any
problems. Strong credit translates to personal reputation.

———————————————————————
Copyright (c) 2005 Jeanette J. Fisher. All rights reserved.

Jeanette Fisher, author of “Credit Help! Get the Credit You
Need to Buy Real Estate,” helps people buy their dream home
or finance multiple investment properties. Jeanette teaches
real estate investing and Design Psychology. For help with
your credit or answers to your questions, visit the Real
Estate Help Credit Center at http://recredithelp.com/ Get
the credit you need to buy one house or twenty!

Ticket Scalping: A Victimless Crime?
By Jeff Howard

I admit it. Many, many years ago I purchased a ticket from
a ticket scalper outside Texas Stadium. If memory serves
correct, I paid $70 for a ticket with a face value around
$15. Like I said it was many, many years ago, and I was
young and naive.

At the time I felt relieved to have a ticket. The game was
a sell out, but as soon as I found my seat, I felt cheated.
Let’s just say it was a very bad seat. One of the worst in
the house to be sure, but still good enough for me to see
the visiting Chicago Bears destroy Dallas 44-0!

My bad experience aside, many fans see scalpers as their
only option for getting into sold out events. At worst
they see ticket scalping as a low-level, victimless crime.

I would suggest, however, that the fact prove otherwise.

Investigative reports around the country have uncovered
highly organized groups of professional ticket scalpers who
control street-level ticket sales in many major league
sports cities. Often these men have ties to organized
crime and lengthy criminal records. As seasoned criminals
they are quick to threaten a customer or turn violent when
a transaction doesn’t go their way.

Certainly not all the scalpers seen hawking tickets
outside your local stadium fall into this category, but
the threat is widespread and very real.

Using various techniques, these groups acquire tickets
from season ticket holders, ticket agencies, and even the
team’s box office. In some cases they work closely with
team employees to ensure a constant supply of tickets.
They also aggressively solicit fans seeking to buy spare
tickets at discounted prices.

Sadly this leaves the typical fan literally on the outside
looking in. Fans who can’t get tickets through the more
traditional channels are forced to deal with these groups
if they want to see a game in person.

As always I recommend you avoid scalpers if at all
possible. I agree there may be certain situations when you
have no choice, but don’t make it a habit. In my opinion
there are just too many risks, and besides you can get
tickets to just about any event without them as long as
you’re prepared to put a little effort into it.

With that said, if you decide to approach one outside the
stadium, please remember who you’re dealing with. This
person might be a convicted drug dealer, thief, or worse a
violent criminal. In addition, he might have ties to
organized crime. Above all use your common sense and
proceed with caution.

I’m sure the majority of fans who purchase tickets from a
scalper don’t suffer from the level of ‘buyer’s remorse’
I felt inside Texas Stadium, and they certainly don’t
experience anything close to assault and battery. However,
threats, intimidation and violence have become a part of
the ticket scalping business in many cities so please be
careful out there.

Copyright 2005 All Rights Reserved
************************************************
Jeff Howard publishes SportsTicketSecrets Tip Sheet, a
monthly ezine providing tips, news, information, and
advice for all sports fans who are tired of watching the
“BIG” games on TV. To subscribe and receive a preview of
his latest publication “Super Bowl Ticket Secrets” visit
http://www.superbowlticketsecrets.com
************************************************

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How to Avoid “Stepping over the Line”* (ie. infringing it)?
..so you won’t upset other writers.

* that’s a metaphor, btw.

PLAGIARISM: Wow - what
a big word, like “marmalade” or “earth-moving-contractor”. Hope I
spelt it correctly! PLAGIARISM is deliberately copying someone
else’s work and putting your name to it. A couple of years ago,
there was a celebrated case in my former homeland, South Africa.
A university lecturer had copied extracts from American author,
Joseph Leyleveld’s excellent book, MOVE YOUR SHADOW. ( An
excellent book, by the way!). A big extract was taken word for
word and he was discovered (and was forced to resign his
prestigious position). Naughty naughty!

I’ve just read a report of how a fine piece of descriptive writing by an academic at one of the best Universities in South Africa appeared almost verbatim in a novel by a prominent South African author. The passages in question were nearly identical in both works. Another well-known South African journalist also recently “faithfully” reproduced the work of another writer by uplifting lage tracts of another’s creativity. Seems to be a lot of plagiarism occuring in “the beloved country” South Africa!

There has also been a bit
of a furore (nice word!) with celebrated American historian
Stephen Ambrose using another writer’s work - word for word.
Rather humiliating and embarrassing for him getting “caught out”
(can I end a sentence with a “preppie”?). Plagiarism seems to be
quite prevalent amongst songwriters, like George Michael, but bet
there are many writers too. “Prima donnas”! A final few words in
summary on the subject of plagiarism… When deciding whether you
are perhaps infringing copyright and/or plagiarism, ask yourself
these important questions:

1. “If I was the author, how would I feel about
someone ‘copying my hard-worked for writing’ ?” Sometimes
lifting it outright ‘word-for-word’ with “zilch” acknowledgement..

2. “Has the writer made a genuine effort to put
the material into his/her own words?”
and

3. “Has he/she just
copied or borrowed my ideas and other points from my writing?”

4. Do you feel someone has deliberately set out to “steal” another authors work,
“purporting” (is there such a word?) to be their original piece of creativity?

*

I think “imitation is the sincerest form of flattery”! Still don’t
plagiarise my work, please! DEFAMATION: DEFAMATION (not a bodily
function - OOPS, ER ! )… but if you do, you will soon be really
deep in the “rich brown stuff”. Always keep a good name. Avoid
libel suits (must replace mine someday the lot/financial fortunes
of the writer!). Never defame anyone in your writing, especially
after they’ve “fallen off their perch” (ie. after they are
deceased - thanks Monty Python). As writers we are very
privileged people, who can directly influence public opinion.
Most other people don’t have the opportunity to defend themselves
through the avenue of publicly written words. So it’s a heavy
responsibility we writers have to convey the truth (is that
subjective or absolute? - that’s an entire essay in itself). Well our opinion of it, anyway!
If you haven’t a kind word to say
against someone, don’t say it at all. “Mr Goody Goody two-shoes”
(but in my crazy travel book about my European adventures
HERE,THERE and EVERYWHERE, you’ll find out why I only had one!).
Hard sometimes, when you are reporting the facts, as you saw them
and want to market your work sometimes; because controversy
always sells…like bad news headlines sell newspapers. Most of
the above information is based on pure common-sense (what’s
that?) and using your discernment. However, many writers don’t
have an abundance of the aforementioned qualities in making judgements.

“Writers should also be business-people and try to think like them;
but then any business-person would have the good sense not to
become a writer.”
- me (but originally thought borrowed from an unknown author).

A word (or two or three) of advice regarding plagiarism… In writing follow the following (sounds “funny” that!) creeds: When in doubt
about what course to take (not English III), just ask yourself
this: If you were the author, would you like someone else copying
your work, or saying ‘those things’ about you. Use judicious
judgement (note alliteration) and when in doubt, rather err on
the side of caution. Even if you have been badly hurt by someone
in the past, don’t be tempted to retaliate and take vengeance for
“the sordid past” through your words. Everyone has made mistakes
they may regret in life, so think the best of people. At least
try! Enough moralising and back to my original topic.

We are all human (although many writers are “abnormally human”) and we all do make many mistakes down the “river of life” (or should I have said “as we negotiate the rapids of life”? - that’s a metaphor, btw). Stop rambling “rose” and get back to what you were writing about, Craig. Yes, plagiarism….

If you do happen to inadvertantly (big word, eh - so should I rather have said “unintentionally”?) palagiarise another author’s work, admit your error and apologise to them. (That happened to me once with a well-known author….
and I was the culprit early on in my writing “career”). Opps, er sorry!

A final few words to conclude on the subjects of plagiarism and defamation.
One Law of Professional Plagiarism, which may be of importance among accomplished plagiarists states that: “If it’s worth stealing, it’s worth stealing accurately. So on no account simply tinker with another writer’s words. Always acknowledge the lifting verbatim all writing of others (not only the 400 words + normally accepted as the limit, which may be freely reproduced without seeking authorisation).

(Author’s Note: These points were based on a report in the South African Weekly Mail and Guardian online newspaper - 4th Feb 2005, then re-written by me)

I believe INTENT is the key here (as with the law). Did an author
deliberately set out to copy some other writer’s work, intending to pass it off as their own creation? For whatever reason: whether ego, self satisfaction, self-agrandisement* etc.

Now that’s a big impressive word and it’s the first time I’ve used it,
so hope I spelt it correctly (in either British or American English)!
After that little “ramble” and to end off this piece, my advice is simply….

Don’t try to camouflage your pilfering by means of tiny alterations, cunningly inserted here and there. Use quotation marks and give due accreditation of your source. Be ethical at all times. Always write with ABSOLUTE HONESTY (from your particular
perspective), in utmost GOOD FAITH and INTEGRITY…and as the
proverb wisely advises: “Do unto others, as you would have them
do unto you.” Then you can’t go wrong in your writing.

Happy writing down the creative path of self discovery

Craig Lock
http://www.craiglock.com

P.S: “Plagiarism occurs, when
someone else steals your work. When many people do, it’s called research!”

“If you have integrity, nothing else matters.
If you don’t have integrity, nothing else matters.”
- Alan K. Simpson

Books by Craig Lock are available at: http://kompuwiz.com/kompustore

* Hard copies and e-books - fiction and non-fiction:
self help, personal growth, inspiration, travel, humour,
novels and money books.

Writing Course: http://www.craiglock.com/downloads/cwcourse.html
(the “original” online creative writing course)

WHAT IS COPYRIGHT AND HOW DO YOU PROTECT IT?

by Craig Lock

INTRODUCTION AND AUTHOR’S COMMENT:

This article (which is an extract from the writing course I ran
at the local polytechnic was developed about seven years ago) was
written for the “OFFLINE and real world” here in New Zealand and
the United Kingdom… well before I knew about the “amazing
intricate mysteries of the net”. However, I believe, the
principles should also be applied (perhaps not so stringently) to
the “Wild West of cyberspace”. (That’s a metaphor, by the way!)
The article covers general principles of copyright and may also
be applied world-wide in writing for the www, “metinks”…

Publishing on the world wide web (writing articles on your field
of expertise is a most effective form of internet marketing,
incidentally!) is very different to the “real world”. In the
online “wild west culture” standard copyright rules are far
harder to enforce, as the subject of copyright is constantly
evolving and rapidly changing, like the “net” itself. It appears
that on the www virtually “anything goes” with many varied
opinions and it’s very hard to get common rulings and agreement
on this complex issue.

My advice would be to apply the same “strict” rules regarding
copyright, when writing online as offline, as I explain in this
article.

With these guidelines we can all do our bit to bring some order
into the “lawlessness” prevalent in copying other people’s work
on the www. By following these guidelines, I’m sure no-one will
be able to criticise “sqeaky clean you”.

After that “rather rambling rose pre-amble”, enough said…

Only joking! Here is my article…

COPYRIGHT:

What is copyright? No one can reproduce your work with- out your
permission - not even a personal letter. How much of a writer’s
work can be legitimately used? A poem of 40-50 words is generally
considered to be OK. Usually one is not allowed to copy
substantial amounts of another writer’s work without their
express permission.

* But then what is meant by the word “substantial”? It is widely
open to interpretation and opens up a literary and legal
“minefield” (that’s a metaphor, by the way!).

There are no hard and fast guidelines about the rule of copy-
right. The following is a rough ‘rule of thumb’:

You can take approximately 300 words from a book or any other
lengthy work of writing. You can also quote 150 words from a
magazine article. Fifty (50) words quoted from a news- paper
article is generally considered to be “fair use” without
requiring either permission or a fee. Copyright lasts 50 years
after your death.

You can use what is termed ‘fair dealing’ in writing reports, or
research material. I always advise acknowledging sources in your
reference section.

It’s all very unclear - the entire subject of copyright, so I
won’t say too much. Just use your common sense and discretion (if
you have some)… and be HONEST by following your heart. Don’t
copy other author’s material and purport (nice word, eh?) to be
the author. One should not paraphrase a substantial amount of
another author’s writing, nor use that writer’s points without
due ACKNOWLEDGMENT. Hint hint!

If you get into a dispute (oops!), there are specialised trade
and copyright laywers (or solicitors as they call them here in
‘genteel and civilised’ NZ) in the big centres. If in doubt, get
advice…then DON’T infringe copyright.

Send requests to use material to the permissions editor of a
magazine, newspaper or book publisher. Book publishers usually
have a small department which deals solely in this. Give them as
much information as possible about your article or book, your
publisher, as well as other books or articles written by you.
Tell them what quotes you want to use and why and so on. Say you
will give them due acknowledgement in your writing. They’ll
usually oblige. There is sometimes a small fee payable. Always
acknowledge the sources of your quotations - then you’ve kept
your word, your side of the “bargain”. Also keep copies of your
correspondence in the event of an unlikely dispute.

Now a bit for Kiwis* (and Brits)… * = New Zealanders, but the
Kiwi is a flightless bird, in case you are interested.

No one can reproduce your work without your permission. New
Zealand law closely follows British law. In NZ copyright is
usually protected for 50 years after the author’s death. If a
book is published posthumously (nice long word that), copyright
extends for 75 years after the time of the author’s death. After
that the work can be freely used by anyone. No hope for me
then… but perhaps my great great grandchildren!

As from 1989, New Zealand copyright law requires 3 copies of
every NZ publication to go to the National Library in Wellington.
One of which goes to the Alexander Turnbull Library, one to the
National Library for bibliographical purposes, while the third is
kept at the Parliamentary Library in the capital in Wellington.

The following is a simple tip on the easist way to register
copyright. Send a letter to yourself by registered mail, in
which you certify that you are the author of the work. Keep in a
safe place. If you really want, you could lodge the unopened
letter with your bank or lawyer (solicitor) for safekeeping, but
I wouldn’t say that option is necessary. I’d just keep the letter
with my personal documents, proving ownership of your writing.
(While you are about it, you could perhaps send some Christmas or
birthday cards to yourself, or like me, join “Rent-a-Friend”).
Enough silly digression, now Craig and back to the boring subject
of copyright (you are nearly finished pouring forth)…

Sometimes a publisher might want copyright in exchange for a fee.
My advice: It’s your work of art. So always retain your
copyright… unless you are in dire financial straits, like this
aspiring writer*.

In the next lesson (and article) we will look at the subject of
plagiarism . Wow, that’s a big word and I hope I spelt it
correctly. No, I don’t mind you using my material…even though
it may be quite hard for another “writer” to closely copy my
rather “crazy/wacky style of hopefully informing and entertaining
at the same time”. (That is my mission in my writings, btw!)
Anyway, isn’t “imitation the sincerest form of flattery”?

Happy writing

Craig Lock
http://www.craiglock.com