Monday, September 30, 2019
Lawsuit for Call Center Fabulous County, Florida for a sum of money Essay
There was a saying that business is business. Sustainability of a firm depends upon production and it is always measured by the amount of money earned. In some cases collectibles are difficult to handle. In fact it is one of the known business risk – the delivery now and pay later deals. Too many establishments failed due to laxity on issues such as collection especially in the payments of bad accounts. Collection Committee should send a registered mail to the Call Center Fabulous Country indicating the exact amount of money to be collected including penalties if any. The committee on collection must also decide the cut-off period if there is no given grace period on payments indicated in the agreement or stipulated in the contract. Moreover, the agreement must be read thoroughly before initiating a suit so that all angles are carefully studied and properly explored. The committee should know that there are rights to discretion proper to a specific type of businesses. For instance, a call center provides business transaction globally which mean that any disruption in their services with regards to the services your company provides may cause more damage than the amount being collected. Upon making a thorough review of the situation and in case that the Call Center Company stated did not respond or make a written 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 agreement took place (Balovich, 2006). Legal services is expensive and vary depending on states therefore, the collection committee must try to use all its capabilities in making a collection with the use of proper business ethics. There 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 following question. Is the amount being collected proportionate to the expense incurred in litigation? Aside from money involved, what will be the social costs and consequences of the action? Filing a case on claims involves time and energy and responsibility of the Collection Committee to handle diligently. Some overdue collection depends largely on how it is done. There are ways to expedite the collection of payments. For example, making sure that your contract 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 good to request payment in advance (Examiner, 2005). Knowing your clients is also the best strategy in providing solutions to problem in collecting due payments. It is good to find out where they stand and what their next move is. Bankruptcy Code indicates in Chapter 11 that â€Å"debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time (Judiciary). Overdue payments are also company’s loss even if payments are collected, taking into consideration the cost of money lost through time. Some business or corporations can seek the help 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 used computer equipment to a Call Center Company            A contract is define as a meeting of the mind or mutual understanding of any pursuit; 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 but 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 agreement on used items may have exemptions like the term â€Å"as is where is basis (VISTEON INC.).† The agreement must be clear that the seller is selling used equipments.            It is also important 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 exact price of that equipment being sold.            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 company’s discretion that they opted for this agreement. However it is good advice to plan for an advance collection since two months is too much to wait for a two thousand 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 identification card is listed normally below the buyer’s 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 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 approval of the committee. It is also important that details are discussed in meetings before finalizing a draft. A lot can be taken into consideration through consultation since being new means there are still a lot to learn. For this reason a complete knowledge of the company policy and history is needed 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 evidence 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 three 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 approved by their supervisor as overtime.            Employee’s misbehaviour is dealt first by the human resource department.  There could be major implications on the company’s image due to the immediate arrest of the three 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 process 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 security level and they make sure that data are verified accurately before anyone is given access to information (Diaphonics, 2006). No employees are allowed to enter the premises 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 warning 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 dealing with how the controversy occurred. Management has the right to look further whether someone’s interest is upheld at the expense of others. Part 4: Outline for a Mortgage Agreement for a purchase of a building. What is a secured and unsecured debt and what happens in case of default?            Probably since it is a law firm who is making a purchase through mortgage mean that it is equipped with the legal terminologies and procedure to conduct its transaction. However the one in charge on the procurement of the bigger building is a project manager who could be better of with building operations than with legal proceedings. Making 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 deplete 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 professional 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 principal 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 property. Determining the cash flow will also guide 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 â€Å"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 drawback to this is when the amount borrowed is not sufficient to buy the building. That remaining amount can be called unsecured debt. However, the balance 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 calculate 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 productive effort but does not always mean more money. Sometimes it is more on spending on real property which cost can be recovered in a number of years. References Balovich, 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 SECURITY [Electronic Version]. Retrieved 09 February 2008 from http://www.diaphonics.com/callCentre.php. Examiner, T. (2005). Collecting Payment Due The 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 study: 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). OWNER’S 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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