Monday, May 20, 2019
Lawsuit for Call Center Fabulous County, Florida for a sum of money Essay
in that respect was a saying that business is business. Sustainability of a firm depends upon payoff and it is always measured by the amount of m 1y earned. In some baptismal fonts collectibles argon difficult to handle. In fact it is one of the issuen business risk the delivery now and pay later deals. overly many establishments failed repayable to laxity on issues such as collection especially in the recompenses of bad accounts.Collection Committee should send a registered mail to the Call Center Fabulous Coun examine indicating the get hold of amount of specie to be collected including penalties if any. The delegation on collection must also judge the cut-off period if there is no given grace period on payments indicated in the savvy or stipulated in the tweet. Moreover, the harmony must be read thoroughly before initiating a suit so that all angles atomic total 18 c arfully studied and goodlyly explored.The committee should know that there be rights to daint iness proper to a specific type of businesses. For instance, a mobilize center provides business transaction globally which mean that any disruption in their services with regards to the services your caller provides may draw much damage than the amount macrocosm collected. Upon make a thorough review of the placement and in case that the Call Center Company stated did non respond or make a indite reply to the Collection Committee, immediate action on the filing of suit should take place at a small court in a county where the party being sued or where the signing of symmetry took place (Balovich, 2006).Legal services is expensive and vary depending on states therefore, the collection committee must try to physical exercise all its capabilities in making a collection with the use of proper business ethics. at that place could be easy way of handling collection than a lawsuit in fact one of the biggest points to consider before doing so is to ask the by-line question. Is the amount being collected proportionate to the expenditure incurred in litigation? Aside from money involved, what go away be the social costs and consequences of the action? register a case on claims involves prison term and energy and responsibility of the Collection Committee to handle diligently. approximately overdue collection depends largely on how it is done. There are ways to expedite the collection of payments. For example, making sure that your nonplus indicates when is the payment due and to whom you deal with. Second, indicating clearly that payment is due on a very specific date or writing in the invoice with this clause penalty will be incurred due to late payments. Meantime it is also solid to request payment in emanation (Examiner, 2005).Knowing your clients is also the scoop out strategy in providing solutions to problem in collecting due payments. It is veracious to find out where they stand and what their next move is. Bankruptcy Code indicates in Chapt er 11 that debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time (Judiciary). Overdue payments are also companys loss even if payments are collected, taking into friendship the cost of money lost through and through time. Some business or corporations discharge seek the dish up of the court of bankruptcy and it would mean losing the game with them.Part 2 Draft of a sale agreement on the sale of utilize computer equipment to a Call Center Company A contract is define as a meeting of the mind or mutual understanding of any hobbyhorse In brief it is a mutual consent. Therefore, it is good to know the points legally by understanding the cause and effect of the act may it be personal or corporate initiatives. References on contracts may be applicable scarcely it is always good to consult with an attorney (Balovich, 2006). Drafting a sale agreement usually includes common terms indicated in the general deed of sale. However sales agr eement on utilize items may have exemptions like the term as is where is basis (VISTEON INC.). The agreement must be clear that the seller is selling used equipments. It is also substantial to include in the draft the following details the correct name of both parties because it is always a foot forward to know whom you are dealing with (Examiner, 2005). It must also include the complete description of the items including serial numbers of the equipment, the number of pieces and the select outlay of that equipment being interchange. The committee chairman had explained that the call center is going to pay your company in four monthly instalments meaning at five hundred dollars a month. Before doing so, it must be clear how these sums will be collected and if penalty will be charge for late payments. Normally, used items are paid in cash but it is your companys discretion that they opted for this agreement. However it is good advice to plan for an advance collection since two mo nths is too much to wait for a two molarity dollar bill. It is also important to check on the taxes to be paid by selling used equipments and who is going to pay for it before the total amount on the agreement is written. The tax exemption acknowledgement card is listed ordinarily below the buyers signature (VISTEON INC.). There are also clauses in the contract that must be taken in consideration such as termination of the contract since the agreement includes a two month pay period. It could be at the disadvantage of the company if the items sold are returned during the pay period because of the other party misuse or negligence. Much more than if a refund would be asked. These two major risks must be well thought of by the committee before the agreement is drafted. Terms and conditions of the draft agreement must include a written flattery of the committee. It is also important that details are discussed in meetings before finalizing a draft. A lot back be taken into consider ation through consultation since being new means there are still a lot to learn. For this reason a complete knowledge of the company policy and memoir is take awayed to deal with its customer successfully.Part 3 Fraud and trespassing or violation of 3 call center employees regarding company rules. It is difficult to give endorse on pre-empt unlawful act or an action that did not took place. For instance verbal information that so and so is trying to steal money by falsifying company invoice. In fact stealing is a grave crime to be committed voluntarily by an employee. The only evidence is that they should be caught with the false invoices but according to the situation the triplet employees got arrested even before they have committed the crime. In fact the only strong evidence is that they broke into the call center at night. These employees can be charged of unlawful use of company equipments since they should not be working outside of the schedule the company has intended for them. However there are also cases that workers get back to work at night but this must be canonic by their supervisor as overtime. Employees misbehaviour is dealt first by the human resource department. There could be major implications on the companys image due to the immediate arrest of the triad call center workers. Sandra Robinson an expert on employee-employer relations and workplace deviance said that even the best employees can be dysfunctional because of poor management (Keen, 2006). It is also important for managers and supervisors that arrest of people without due evidence is tantamount to abuse in human rights of which these workers can file a suit on moral damages to the Fabulous Call Center Company. All citizens are given due sour of law and to inflict others with committing serious crime without solid evidence is also a serious offense. Moreover, call center operates on a tight credentials level and they make sure that data are verified accurately before anyone i s given access to information (Diaphonics, 2006). No employees are allowed to enter the expound within the authorize time. To break into an office at night could seem impossible because of the tight security measures that all call center company enforces. Just within its perimeter area, at the entrances, or being on the floor, break periods, the lockers and lounges are controlled by the operation and security group. It is a bit impossible that three people could just break in when in fact modern technology misuse can lead to hardware theft. There is no use for people to break in since hackers can use wireless technology in committing crimes. At any instance, if the employees broke into an office a trespass prototype is issued by the police (Tech, 1999). The human resource department should terminate employment on the basis of not following company rules and office procedures. However, there are legal basis in doing so. There is a great deal to settle with labour disputes than deal ing with how the controversy occurred. Management has the right to look barely whether someones interest is upheld at the expense of others.Part 4 Outline for a owe Agreement for a purchase of a building. What is a secured and unsecured debt and what happens in case of evasion? likely since it is a law firm who is making a purchase through mortgage mean that it is furnished with the legal terminologies and procedure to conduct its transaction. However the one in charge on the procurement of the larger building is a project manager who could be better of with building operations than with legal proceedings. qualification an outline to assist the project manager could be very helpful but there is a lot of information that could be taken from him because based on his position he knows the project. He knows whether there will be cost on renovations or building repair and maintenance which will be an additional on cost for the building. Other costs on building operations may consu me the payment schemes especially if the structure was purchased through a mortgage. Before making an outline on the mortgage it is important to talk with the project manager first so that the building that is intended to be bought or to be constructed is free from liens and encumbrances. Basic knowledge on procuring a building for a specific need say an office building is a must. It is important whether the structure is fit for the intended use. Project managers normally have knowledge of their operations and provide systems for functionality. They are the key to abate risks that are sometimes encountered in building procurement. Project managers talents are tested on time and cost management and they are the schoolmaster that assist the owner in project delivery which pertains to buildings (Massachusetts, 2004). Mortgage agreements includes clauses such as purchase price and warranties, authorized person to purchase and the person in charge in the mortgage company and its assigns with the proper addresses, definitions of terms, and building warranties (Findlaw, 1999). Since the money will be lent by a bank it is important to know the cost of money with the law firm cash flow. It is important to know the monthly amortization with the trader amount being borrowed and this must be discussed thoroughly how debts will be paid by the Owner. It is good to think this way since banks usually operates not only on how they are paid but more on how they can foreclose a spot. Determining the cash flow will also take up the buyer how much will be given to secured and unsecured debt. Alan Barnes a certified debt arbitrator and president of Debt Regret defines in his article that secured debt as a debt in which the creditor maintains a security interest in an item or piece of personal property (Barnes, 2005). As described above banks play in this notion of having an interest on the item being procured.The amount of money lent is collateralized by the property and the d rawback to this is when the amount borrowed is not sufficient to buy the building. That remaining amount can be called unsecured debt. However, the fit on the purchase of the property is still the responsibility of the buyer. Unsecured loans can be settled through debt programs successfully therefore much pliable to handle than the secured debt. Mortgage law varies from one state to another. It is important that the terms of mortgage indicates profoundly the right of the lender to recover his purchase in case of default in payment and to find out if the lender has interest over the property. It is also best to organise and find provisions on how the payments can be made without default. Initially, expansion means prosperity but managing a bigger family means high risk, transferring into bigger buildings can be a more fertile effort but does not always mean more money. Sometimes it is more on disbursement on real property which cost can be recovered in a number of years.Reference sBalovich, D. (2006). Small Claims Court For Debt Collection And Disputes Electronic Version. Retrieved 07 February 2008 from http//www.creditworthy.com/3jm/articles/cw051806.html.Barnes, A. (2005). What is the Difference Between Unsecured and Secured Debt? Electronic Version. Retrieved 09 February 2008 from http//ezinearticles.com/?What-is-the-Difference-Between-Unsecured-and-Secured-Debt?&id=20875.Diaphonics. (2006). CALL CENTRE GATEWAY aegis Electronic Version. Retrieved 09 February 2008 from http//www.diaphonics.com/callCentre.php.Examiner, T. (2005). Collecting Payment DueThe Better Business Bureau offers the following tips to speed up the payment process Electronic Version. Retrieved 08 February 2008 from http//www.enewsbuilder.net/betterbusiness/e_article000492994.cfm?x=b11,0,w.Findlaw. (1999). Sample Business Contracts Electronic Version. Retrieved 09 February 2008 from http//contracts.corporate.findlaw.com/agreements/mortgage/note.html.Judiciary, T. F. Reorganization Under the Bankruptcy Code Electronic Version. Retrieved 09 February 2008 from http//www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter11.html.Keen, C. (2006). UF get a line Even good employees act up if supervisors mistreat them Electronic Version. Retrieved 09 February 2008 from http//news.ufl.edu/2006/04/06/employee-misbehavior/.Massachusetts, T. C. o. (2004). OWNERS PROJECT MANAGER GUIDELINES Electronic Version, 7 pages. Retrieved 09 February 2008 from http//www.mass.gov/cam/Creform/Own_PM_Guide.pdf.Tech, T. (1999). Police log Electronic Version. Retrieved 09 February 2008 from http//www-tech.mit.edu/V119/N28/28polog.28n.html.VISTEON INC. USED EQUIPMENT SALES AGREEMENT Electronic Version. Retrieved 09 February 2008 from http//www.goindustry.com/salefiles/8144/8144_6242.pdf?TimeStamp=0x0000000019793073&EntityID=8144&EntityTypeID=5.
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