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You (the plaintiff) brought a small claims or civil suit against a debtor (the defendant) and were awarded a judgment. You, as the judgment creditor (winner) have a right to judgment recovery from the judgment debtor (loser).

But, the judgment is merely a piece of paper filed in the courthouse. It is delivered to both your and the debtor. But the court completed it’s job after deciding your case. It takes no enforcement action.

How do you enforce the judgment to ensure the judgment recovery is complete?

The first thing to do is to discuss payment with the debtor. Money judgment recovery payments are sometimes made on the day of the court hearing or over a period of time.

If you do not receive the money that you are owed, the court and court officials can assist you in several ways to complete the judgment recovery.

=== Judgment Recovery Through Public Sale ===

An “execution” allows a court officer to seize property belonging to the defendant which can be sold to pay your judgment. You are responsible for identifying the debtors personal property that can be used to help fulfill your judgment recovery. Court officials can seize these items and offer them at a public sale. Items such as office equipment (computers) and automobiles are typical items court officials can seize.

You can also file a petition with the court indicating the amount the debtor owes you and request the court to issue an order for discovery of assets. This order can be issued to anyone who has knowledge regarding the assets of the debtor.

=== Judgment Recovery Through Seizure of Bank Assets ===

You must determine where the debtor’s savings or checking accounts are located and the account numbers, if possible. The court official can levy or freeze these accounts. Once frozen, you must then file a motion with the court for the funds to be turned over to you. Once this motion is granted, the court officer will deliver the order to the bank and the funds can be released to you.

If you are unable to locate the debtor’s bank, you can obtain an information subpoena from the court that contains questions about the debtor’s assets. You can then serve (deliver) the information subpoena to the debtor. The debtor must answer and return the information subpoena.

=== Judgment Recovery Through Wage Garnishment ===

A garnishment allows you to collect your judgment by garnishing the defendant’s wages, bank accounts, or other sources such as income tax refunds. You must identify the debtor’s place of employment and send a notice to the debtor requesting garnishment of wages. If the debtor agrees (or disagrees and the court so orders) a notice of wage execution is delivered to the employer by the court officer. The employer will withhold the specified amount and send it to the court officer who will then send it to you.

=== Interest on a Judgment Until Recovery is Complete ===

When you receive a money judgment you are normally entitled to add interest to the unpaid balance until the recovery is complete. The interest rate is typically set by the state legislature or the state’s department of treasury. For example, in Michigan the interest rate defined by the Department of Treasury is “calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually.”

So, your unsatisfied judgment is probably becoming more valuable as it ages.

=== Problems With Completing Judgment Recovery ===

Debtors often try to evade attempts to collect judgments. There are standard tactics debtors use to elude collection such as:

- Hiding assets and bank accounts

- Fraudulent conveyance of assets

- Moving to another state

- Moving to another area within the same state

- Changing their name

Because most judgment creditors lack knowledge in tracking down the debtor, locating assets, and knowing how to collect, it is estimated that 80% of all judgments go uncollected. Most people understand that hiring an attorney at $100 to $200 an hour will quickly eat up their judgment award, so they do nothing.

You can, however, do everything necessary to collect your judgment award if you are willing to learn. There are judgment recovery courses in the $100 to $200 range, complete with online resources, that will teach you everything you need to know. Do a search for “judgment recovery” to find a number of sites offering these courses. Though they often advertise that you can make money helping others, you can also simply use the knowledge to recover your own money judgment.

Bob Sherman is the owner of http://www.bobshermancredit.com/ with information about credit, debt, wealth building, and other financial topics. His free ebook “How to Free Yourself From Credit Card Debt” is available on his site.

Sarbanes Oxley software has been aptly designed for the corporate world to introduce it to the Sarbanes Oxley act. It also helps the accounting personnel to take an insight into the legislation and document the financial reports as per the act. But is it the solution for Sarbanes Oxley Compliance Issues?

Sarbanes Oxley software is available on the internet for a download. It is very helpful software for those who are seeking Sarbanes Oxley compliance for their financial disclosures. Sarbanes Oxley software contains guides, presentations, and implementation checklists. These checklists are available in MS format. This helps the documents to be freely prepared and be edited as well.

The guide accompanied with Sarbanes Oxley software gives a total insight to the Sarbanes Oxley act. This guide which forms a part of Sarbanes Oxley software is representation of the complete act in the simple language for an ordinary person to understand. Sarbanes Oxley software also accompanies a PowerPoint presentation which explicitly illustrates the important sections of the act like section 302, 404, 401, 804, 906(a) etc.

Sarbanes Oxley software also contains a management compliance guide to provide a detailed literature on corporate governance. This management guide from Sarbanes Oxley software is a good guide for educating and bringing about awareness about the act amongst the corporate personnel.

The Sarbanes Oxley software also contains a total compliance lists. These checklists contain all the important aspects of corporate governance. They also act as a help guide while documenting the total processes for fiscal report for any particular financial year. Another help guide accompanied with the Sarbanes Oxley software is the audit committee guide. It explains the requirement of act as per the rules of Sarbanes Oxley act for the audit committee. It also explains the main actions an audit committee member should be up-to-date with. Lastly the audit committee checklist applies to the audit committee itself. This check list ensures that the audit committee performs the total tasks as per the Sarbanes Oxley act.

Various vendors sell the Sarbanes Oxley software. These vendors help the companies to meet the financial documentation and reporting requirements as per the Act. Sarbanes Oxley software sold by some vendors is specially designed to address a particular section of the Act. For example, Sarbanes Oxley software developed by Westford specifically addresses the section 404 of the law. This section addresses the need of the company to have stricter and more regulatory internal controls.

Even thought so many vendors offer the Sarbanes Oxley software but still many of the top executive still find hard to comprehend the Act. This is because although the Act contains 11 main titles, still, there are total 90 sections and three hundred discreet points of law.

Nevertheless, Sarbanes Oxley software is very helpful in making the top executives understand the documentation and evaluation process of the Sarbanes Oxley act. This software mainly uses the process based approach to the understanding of the law and also to evaluate financial processing controls.

Earl Powers, US Lawyer and Sarbanes Oxley Software expert - focusing on Sarbanes Oxley Training and Sarbanes Oxley Act.

In this article, we shall study the basic requisite for initiation of criminal proceeding against the accused; what types of offences are cognized by magistrate and session court; and what is the procedure of trial of magistrate, session and high court?

Condition requisite for initiation of criminal proceedings
Cognizance is taken of an offence as soon as court competent to exercise his jurisdiction for the purposes of initiation of criminal proceedings. If in the opinion of the court to initiate judicial proceeding against the offender in respect of the offence, then it must commence the criminal procedure. The cognizance implies the acceptance of the offence committed by the accused in light of evidence and statement produced by the complainant. The competence of court is precondition to the cognizance of offence, and if, any offence is recognizance by court not having competency, then entire proceedings are irregular and illegal.

With exception the specific provisions in Cr.P.C.1898, where certain offences have been barred to be taken cognizance until mentioned specifically in penal statute. Magistrate is empowered under section 190 to take cognizance of the offences.

Cognizance of Offence by magistrate

Under subsection 1 of section 190 of Cr.P.C of 1898, the district magistrate or subdivision magistrate and any other magistrate specially empowered to take cognizance of any offence, if he receives a complaint of facts which constitute such offence or the report in writing of such facts made by any police officer or the information received from any person other than police officer or upon his own knowledge or suspicion that such offence has made committed, he will immediately take cognizance of the offence.

The provision of subsection 3 of section 190 has laid down that the a magistrate taking cognizance under sub-section (1) of an offence triable exclusively by court of session shall without recording any evidence, send the case to the court of session for trial. However, if any order has passed by magistrate whom he is not authorized by law to do that, then the order or enquiry reports shall not be binding on the Court of Session.

Cognizance of the offence by court of session and high Court

Under subsection 1 of 193 of Cr.P.C Court of Session shall take cognizance of any offence as a court of original jurisdiction unless the section 190, subsection (3), and under section 194 of Cr.P.C 1898 of 1898. The High court may cognizance any offence described in Pakistan Penal Code or in any other penal code. The section 193 impose an embargo upon and limit the power of the Court of Session to take cognizance of any offence unless accused had been sent to Court of Session by magistrate duly empowered by penal statute. The session judge may take any view keeping in view the facts and circumstance of the case and these should be interpreted in light of penal statutes.

The sections 190 and 193 are mandatory and session court is not a court of original jurisdiction and cannot entertain any direct complaint or pass any order, unless the same is forwarded to it by magistrate under section 193(3), and if done are outcome of material irregularity of court.

Issue of process

When the offence has recognized by court and it is in opinion of the court of trial that there is sufficient ground for proceeding. The court may issue a warrant for summons for causing the accused to be brought or to be appeared at certain time before court.

The section 201 is the only section which authorizes a magistrate to issue process to the accused for purpose of summoning him to hold him accountable for charges leveled against him. Where he takes cognizance on the private complaint or on a police report or any other information or knowledge other complaint, he must proceed with existence of sufficient ground of proceeding and he has to commence proceedings against the accused by compelling his attendance before the court.

There must be sufficient of grounds of proceeding does not mean complaint alone but the complaint deposition, supported by oral or documentary evidence as produced before the courts. Only the prima facie case is required for initiated the criminal proceedings under section 204, court is not expected to go into the detail by the conducting a preliminary trial. If on the basis of evidence that have been supplied, it is adduced by complaint it can be said that there is sufficient ground for initiation of the criminal proceeding against the accused of crime .

Procedure of Trial by Magistrate

The sections 241 to 249 are related with trial by cases magistrate. The procedure is to be adopted in all cases instituted upon condition mentioned above.

1. Supply of statement and documents to the accused

Under subsection 1 of section 141-A, in all case instituted upon police report and copies of statement of all witnesses recorded and produced under section 161 and 164 and all of the records of evidence recorded by the investigation officer in charge of police station on his first visit to the place of occurrence. It is duty of the court law to supply all copies of document to accused at free of cost not less than seven days before the commencement of the trial.

The Supply of the copies of whiteness’s statement recorded under section 161, Cr.P.C 1898 to be provided to accused is an essential requirement for end of justice and it is preparatory stage of trial by magistrate . What have been stated in the petition of complaint the substance of the accused his name, address, and the names of his witness and the gist of the evidence and fact and circumstances which he is likely to adduce at the trial. It is necessary for trial court to give opportunity to the accused show cause of the allegation brought him and he must be given the affordable opportunity to defend himself .

2. Charges to be framed

When the accused appears or he is brought before the magistrate for defend alleged leveled against him, he shall be asked whether he admits that he has committed the offence with which he is charged.

When the magistrate having been satisfied, one the basis some cogent evidence spelling out the ingredients of an offence is required to frame a formal charge and these charge must read in open court. The framing the charges is essential and mandatory requirement of criminal procedure. Accused person should not be convicted straight way on the plea of guilt made by the accused. Trial Court is required to give opportunity to the accused to show cause of the allegation brought against him .

3. Conviction on admission of truth of accusation

If the accused admit that he has committed the offence, his admission shall be recorded exactly in the words which have spoken by him; and if magistrate finds no sufficient evidence available he may convict accused. The consideration of the sufficient cause must be based on material evidence in hand; the magistrate may convict accused accordingly in defined statutory procedure. The admission of guilt of accused made before the police is reversible at the discretion of the accused. The resiliency of admission of the guilt is relevant factor for court in convict of accused, but it is not sufficient ground.

4. Procedure when no such admission is made.

Under the subsection 1 of section of 244 of Cr.P.C 1898 if the magistrate does not convict the accused under the proceeding section then the magistrate shall proceed to hear the complaint and record all evidence produced in support of the prosecution by state functionaries. The magistrate also has to hear the accused and record all evidence which he produces for his defense.

The magistrate may issue summons or warrant to accused directing him to attend the proceeding . Accused not supplied with previous neither statements nor adequate opportunity to confront witness with previous statement. Witness not even mentioned in Challan but acquainted with facts of case can be examined as prosecution witness with permission of court. The right to cross examination is existed under section 244 of Cr.P.C 1898 as the right to defend.

5. Statement of Records before Magistrate

The statement recorded under section 244 if any statement is recorded under section 164 in presence of the accused, then he must be given the reasonable opportunity to cross the statement which has made against him. The methods of cross examination should be conducted according to the article of Qunun-e-Shahadat Order. There is no bar to power of court to record the evidence in absence of accused, if he pronounced to be absconding offender.

6. Acquittal or Conviction

If any evidence provides under section 244 and statement recorded under section 164, Magistrate has found the evidence insufficient and inadequate evidence to constitute the liable for commission or omission of offence, he may acquit the accused after due deliberation of evidence that has been forwarded by complainant to proof the accused guilty, and if he found guilty, he may pass sentence order.

Procedure of the trial of Cases by Session and High Court

In every trial before the Court of Session, initiated upon a police report, the prosecution shall be conducted by the public prosecutor, and entire cost of the expenditure to be incurred by the state. The option to engage any counsel rest on complainant where the private complaint lodged and complaint is satisfied with counsel. The following procedure shall be observed by High Court and Court of Session in which trial of cases by said courts.

1. Supply of documents and statement to accused

In all case proceeding to be initiated upon receiving of police report or by private complaint, and copies of documents of the first information report, the police report, the statement of witnesses recorded under section 161 and 164 and the inspection not recorded by an investigation officer on his first visit to the place of occurrence and note recorded by on recoveries made should to be supplied free of cost to accused not later than seven day before the commencement of the trial , No person should not be convicted unheard in court of law and sufficient opportunity must be provided to accused to make arrangement for engagement of counsel for his defense against the charges leveled against him.

In case where the cognizance of offence has made by magistrate on receiving of complainant, the documents mentioned in clause (a) and (b) of subsection 2 of section 265-C to supplied to accused. In addition to document mentioned above, what have been Stated in petition of complaint the substance of the accused, the name of his witnesses and gist of evidence which is likely to adduce at the trial should also be provided and all other the order of court issued for summoning of the accused and also the copies of the complaint and other document supplied by complainant to court as evidence.

Copies of statement recorded during investigation separately under section 161 or 172 Cr.P.C whether such person are cited as prosecution witness or not or whether supporting prosecution or defense have to supplied to the accused.

2. When charge is to be framed

After perusing the police report or the complaint and all other document and statement filed for prosecution in court for prosecution of the accused, the court need to initiate the criminal prosecuting. The court need to give due deliberation to gist of information, evidence in record in hand and where sufficient grounds are available for prosecution and the trial of the accused. The police should write the charges against the accused. The description of offence committed by the accused and these charges must fulfill the requirement of definition that is given in penal statutes.

3. Plea

The charge shall be read and be made open to the accused, and he shall be given affordable opportunity irrespective of fact that he is guilty or not. He should be chance to defend the charge leveled against him. If the accused pleads guilty, the court shall record the plea.

Whatever the charge is to be read and explained to the accused in open court, he should be brought before the court of law for criminal prosecution and he shall be asked whether he pleads guilty or has any defense to make, and if the accused plead guilty. Then it is the discretion of court to convict the accused but that discretion should not to be exercised beyond the power given in penal statutes. The personal whim and caprice of the court of law is a negation of criminal justice. The court is required to examine the prosecution evidence even if the guilty is admitted in response to the charge.

The section is quite clear in interpretation that court is not all circumstances which are brought before the court; it shall have to record conviction. That description must provide basis of material evidence, the accused has been prosecuted by court. That power given in this section aimed as to minimize the changes of wrong conviction of the accused.

4. Evidence for prosecution

If the accused does not plead guilty and no sufficient and material evidence are produced of the guilt of accused, then it is the discretion of court to convict accused. The court shall proceed to hear the complaint and take all such evidence as many are produced for his prosecution :

The court shall ascertain from the public prosecutor or as the case may be, from the complaint and, the name of any person likely to be acquainted with the facts of the case and shall summon such persons to give evidence . The court shall refuse to call any witness, if it will cause delay the justice and hamper end the justice. If the statement is given in the written form then that it shall be attached to the record .

The section refers to finalizing the prosecution case whether any defense has produced before the court not, and if no defense has adduced by the accused, the court shall after examination of the accused ask the prosecution to sum up his case where accused is eligible to make a reply. The pronouncement of judgment after its due deliberation is ultimate aim of the prosecution, but due opportunity be given to accused to defend himself.

In case of the private complaint the prosecution of the case has to be conducted by the private counsel of the accused not by state prosecutors. It is entirely discretion of the public prosecutor what witness shall be examined.

5. Acquittal or Conviction

If the court has found the accused not guilty having the record in hand, and after due interpretation of law in given circumstances, he shall order for acquittal of accused against the charges.

The section has vested power to the court to quit the accused at any stage when he found be beyond the shadow of doubt not guilty of any offense committed. The likelihood of suspicion always favors the accused and this power is limited to the jurisdiction when the trial court found that beyond the shadow of doubt. If the court has found material irregularity in evidence either recording or production of evidence and there is no direct connection of the accused with the offence alleged, the court may order the acquittal of accused.

Summary Trials

The magistrate of first class or any bench of magistrate specially has been empowered by provincial government may try in summary way all or any of the following offences mentioned clauses (a) to (m) of subsection 1 of 260.

Summary

It is here concluded that magistrate, session and high court can only initiate the criminal after cognizance of offences. The both magistrate and session court have their original jurisdiction to try offences as have been mentioned in Criminal procedure code. Initiation of criminal proceeding start with issue of warrants of accused and after his appearance before courts, he is provided ample opportunity to defend himself against the framed charges. If he pleads guilty after through examination of record in hand, the criminal court can pass order of conviction or acquittal of accused.

The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. He is a self employed and pioneer in research on electronic commerce taxation in Pakistan. His articles were published widely in the critical areas of cyber crimes, electronic commerce, e-taxation and various other topics. He wrote LL.M thesis on titled “Legislation of electronic commerce taxation in Pakistan” in which he provided comprehensive legal proposals for statutory reconstruction of tax laws for purpose of imposition of taxation on e-business in Pakistan. Currently he is conducting is research on topic ‘Electronic commerce taxation: emerging legal issues of digital evidence’.

Author can be contacted by adil.waseem@lawyer.com.

If you are a minority interest shareholder in a privately held company, watch out for these Red Flags:

The majority shareholder grants himself a salary and benefit package way above the going market rate - in effect granting him a constructive dividend

No dividends are paid from a very profitable company

He begins using the company as his personal piggy bank

You are removed from your Board of Director position

Company financial information is withheld from you

You are fired from the company without cause

If one or of these events has occurred, watch out! The next shoe to fall is an unsolicited offer to buy out your shares. The offer price seems unusually low. If you protest, expect the buyer to refer you to the shareholder agreement where the corporation has the right of first refusal to buy your shares at net book value. That number, for most companies, values your shares at pennies on the dollar.

You next get the speech that the majority shareholder will never sell his company. The price I am offering is all the company can afford. We are not going to pay any dividends. This is a risky market and the business could falter. This is the only way you are going to get any liquidity for your stock.

In family situations this can be devastating. It is usually the result of children inheriting the business through either gifting or from dad’s estate. Because 90% of his net worth is tied up in the business, to be fair, he has to give essentially equal shares to all of his children. Maybe Son A and Daughter C work in the business and Son B and Daughter D do not. Dad gives 30% ownership to each sibling in the business and 20% to each sibling that is not involved.

The two siblings running the business begin to blur the lines between stock ownership and employment. They develop an attitude of entitlement. Those other two siblings did nothing to grow this business. The company-involved owners begin to view their stock as more valuable than the other siblings. Their salaries and perks get bloated and no dividends get paid to the other shareholders. I don’t think Bill Gates refuses to pay dividends to his stockholders because “they did nothing to grow this business”.

Here is where the problems begin. Dad has left a company shareholder agreement in place that makes it almost impossible for a minority shareholder to get a fair price for their company stock. Dad has also done a great job of estate tax planning, using all available legal means to minimize the gift and estate taxes resulting from transferring ownership to the next generation.

The most common approach is to form two or more Family LLC’s that would be the owners of the company stock and then dad gives a gift of an equal share of the LLC’s to each heir. This effectively breaks the company into several minority interest ownership positions. Now a qualified valuation firm is hired to value the LLC’s. All of a sudden the value of the company evaporates.

Here is how it works. Let’s say that Johnson Corporation would command a price of $9 million if an M&A firm in a competitive market transaction sold it. However, Johnson Corporation is 33% minority owned by three different Family LLC’s. The valuation firm values the company stock held in each LLC not at $3 million, but at $3 million less a 40% lack of control discount, or $1.8 million. Next they apply a lack of marketability discount (after all, the shareholder agreement restricts the sale to outside investors) and the valuation drops further to $1,080,000. Now the three LLC’s are added back together and the $9 million company is valued at $2,240,000 for “Gift and Estate Tax Purposes”.

This document is submitted as supporting documentation with the gift or estate tax filing - very official. The IRS examiner reviews it and accepts it as the basis for the tax payment. Two years later the two siblings running the company approach the other two siblings and present them with a buy-out offer accompanied with this valuation that was filed and accepted by the IRS. Son B owns 20% of the company stock through his interests in the three Family LLC’s. He is offered 20% of $3,240,000 or $648,000 for his company ownership. The fair value is 20% of $9,000,000 or $1,800,000.

He has no idea what the company is worth and has never been given any information of earnings or comparable M&A transactions in the market. Even though the valuation has on its cover, “For Gift and Estate Tax Purposes Only,” he does not understand the implications of that standard blanket disclaimer.

His natural reaction is that this document was filed with the IRS and accepted. It must be pretty close to what my stock is worth. If someone were not involved in this area of law professionally (estate tax attorney, estate planner, tax accountant, valuation firm, investment banker, or IRS agent), they would likely accept this as the accurate value of their shares. I tell clients that it would be like being handed an MRI of my heart and being asked to interpret it. I am not experienced in this very specialized area and therefore would depend on my doctor to interpret it for me.

A nationally recognized and credentialed valuation firm complete with 50 pages of discounted cash flow and other sophisticated analysis and data completed this valuation. It next passed the scrutiny of the IRS examiners. Now a family member is interpreting it for you. What conclusion are your supposed to draw?

Unfortunately this happens all the time. Usually it results in the non-involved siblings having a standard of living that is significantly different than what dad had intended when he equally divided his estate among all his children. Dad would not approve.

Dave Kauppi is a business broker and President of MidMarket Capital. We help business owners with all aspects of Mergers and Acquisitions.

Workers’ Compensation is a state-regulated insurance program that pays medical bills and replaces some lost wages for employees who are injured at work or who have work-related diseases, injuries, or illness. In Michigan workers’ compensation provides medical, income, death and burial benefits.

Even though all employers in the State of Michigan are legally required to carry worker’s compensation insurance, it doesn’t necessarily mean the claims will be handled appropriately.

There are exceptions to the rule, too. For example, farms and farmers are exempt under Michigan WCA (Workers’ Compensation Act) guidelines. Named partners and officers of partnerships and corporations may also be exempt even though their employees must be covered.

Workers’ compensation is specifically designed to only cover injuries that “arise out of and in the course of the employment.” In most cases, it is obvious whether or not the injury occurred at work. However, there may be occasions when an employee is away from the office on company business and a covered injury occurs. This does not apply to traveling to or from work.

Injuries may also be covered if an employee is hurt while employees are “horsing around”. But, as mentioned earlier, there are exceptions and limitations to this type of claim.

There can also be deadlines for filing and responding. Missing a deadline could potentially cost you benefits. Should an employer incorrectly file the claim, giving you more benefits that you are actually due; future benefits may be reduced - again, costing you, the employee.

As you can see, workers’ compensation claims can be very complex. You never want to sign or agree to anything until you have an experienced workers’ compensation attorney review the claim, the process and potential outcome.

About the Author

For more information on workers’ compensation in Michigan, please contact the personal injury attorneys at Jay Trucks & Associates, PC.

The employee is a vital part of a company’s business. In fact, one can even say that the employee makes a company for surely without him, the company can never be. Employees are the workforce that keeps a company going. They serve as the fuel that keeps business operations going like a well-oiled machine. For this reason, hiring individuals to become prospective employees of a company are serious matters of interest and one that can never be relegated as dismal.

Why Conduct Free Criminal Records and Background Checks?

That is an understandable question to ask. With the prices quoted by public records researchers these days, why indeed. However, if the hiring process is the key to keeping the business intact for a long time, then free criminal records and background checks are what make the hiring process thorough and exhaustive.

Free criminal records and background checks helps a company make better-informed decisions during the pre-employment screening. The information they provide are indispensable as they are the determinants of a person’s character. In a way, free criminal records and background checks are steps that a company can take to protect its own interest. There have been too many cases in the past wherein no background checks whatsoever was made on an individual and so when that individual was hired as an employee and then later on committed a crime in the context of his or her job, the company was held liable.

Negligence particularly on issues concerning negligent hiring, supervision, security, training, and retention can not only cause loss in productivity but at the extreme end, workplace violence as well that could very well cost the lives of other employees. And thus, it is the responsibility of the company as well as a right to protect its assets and interests, including its employees from incidents that may arise due to the lack of free criminal records and background checks.

State Requirement

Several states in the U.S. have laws requiring free criminal records and background checks during the pre-employment process. States, such as Florida, are especially particular about free criminal records and background checks on certain industries where “care” is provided as a service. Thus, any prospective employee or volunteer of a facility for the elderly, children, and people with disabilities are required by state statute and by federal law to undergo free criminal records and background checks.

Today, 29 states in the United States keep central repositories for the purpose of providing information to those conducting free criminal records and background checks. As of this time, there is no known “national” database of criminal history information and the most you could do to conduct a nationwide search is to visit each state repository individually. Fortunately, the Internet has made it possible for you to do this right on your computer screen.

Find Anyone, Anywhere, Anytime… Dig Up Dirt on Anybody… Even Uncover Secrets and Closely-Guarded Information… Plus, Do It All Legally and Without Anyone Ever Finding Out! Visit the Criminal Background Check site for more information.

A number of notable Texas traffic and driving laws intended to improve safety on the roads and drivers education awareness go into effect on September 1.

Automobile operators under the age of Operators will nowadays have a harder time getting traffic violations flushed from their automobile operators. SB 1005 provides that if a driver younger than record years of age commits a traffic offense classified as a moving violation, the judge must necessitate the driver to complete a classroom based or online defensive driving course. Beyond that, if the driver holds a provisional driver license - in other words, is under 25 years of age - they must submit to a Texas Department of Public Safety road test in addition to taking an offline or online defensive driving course. Failure by the driver to meet this requirement will result in a final conviction for that traffic offense.

Proof of insurance will be enforced through the new State law SB 1670. This law requires the Dept. of Insurance, in conjunction with TDOT and other bureaux, to constitute a confirmation program for vehicle insurance in order to try and cut back the number of uninsured motor vehicle operators.

SB 1257 prohibits use of wireless communications gear (including cell telephones) for the first six calendar months after adolescents get their driver licenses. The bill also interdicts passenger bus motor vehicle operators carrying minors from using wireless communications hardware, except in emergencies or when the vehicle is stopped. Use of wireless equipment has become ubiquitous and is under suspicion of inducing accidents.

Many of the items covered by these laws are talked about in the available Texas defensive driving courses offered up online and in classroom settings. Prices might vary for operators safety courses but the lower limit they can be by law in the state of Texas is $25.

About the Author

Cindy Cashman operates Official Defensive Driving where traffic tickets can be eliminated through a defensive driving online course. Go to http://www.OfficialDefensiveDriving.com to Save the time, money and hassle of attending classroom based defensive driving classes.

Internet marketing, website marketing, call it what you will, can be a bit like a maze. You charge off down one route……dead end. Someone sends you off down another route with a big smile on their face…….another dead end. Another route looks promising…….until it fizzles out and you reach another dead end. You can’t cheat by looking over the hedge, it’s about 20 feet high! A big ladder so you can get a good view? No, they’ve all been hidden. None left on the planet! Except those in the vaults of the internet gurus, you suspect.

So, you keep going around this maze, and at every turn there’s advertising, all about the maze itself, telling you about which way to go. Plans of the maze which, if you follow, may get you half way round, only to find you need to buy another plan to get the rest of the way. So what do you do? Carry on around this maze unaided? Or buy another plan? You buy another plan of this maze, and lo and behold, you end up at a place somewhere near the exit into real open daylight (you think), but how do you get the correct final few turns? Anyway, maybe you’re not near the exit after all? You could be on the far side of the maze from the exit. Sound familiar?

If you’ve been researching the internet from a business point of view for any length of time, you have probably found that much of the advertising, the marketing, is about …………….. internet marketing. This is partly why it can seem like a maze. If you are not sure what is going to work to market your website, or the products in it, how do you know which advice to listen too, which “offers” to take up?

Why is Internet Marketing Such a Maze?

Marketing is a subject I’ve been interested in for many years, long before I was partner in an advertising related business in the early 90’s. Then, marketing was a quite stable world. The most recent “change” of any significance had been TV, and TV advertising had evolved steadily over several decades. It was glossy, glamorous, and………..very expensive. That was good for the big advertising agencies, and they chased the big advertisers with massive budgets for TV advertising. They had their creative departments to come up with memorable TV ads, often designed to be memorable rather than to sell, and their media buyers to buy time on the commercial TV stations.

The glamour was in TV, but every company and every agency would work on a marketing mix: radio advertising, sales promotions, glossy magazine advertising, newspaper advertising, trade ads, direct mail…..all played their part. These all had one thing in common, though: they had been around for a very long time. Marketing was a stable industry, not in economic terms, but in the “tricks of the trade”. There were a few minor variations here and there, but basically, the marketing industry had its accepted, well documented, ways of doing things. Skill levels varied of course, and that’s where competition came in between the agencies and between companies in the same industries. The point is, though, it was all basically stable. Good or bad, it was stable.

Then along came the internet. Being involved in advertising in the mid 90’s, it was obvious to me that the potential was absolutely enormous. Mind boggling. It was difficult to demonstrate, though, as speeds were painfully slow. You’d try to show someone over a cup of coffee or tea, and you’d finish the drink while the second page was loading. Try coming back in 5 years. Well, they did. With a vengeance.

The internet itself came on in leaps and bounds after that. Technically it developed rapidly. Companies started to realise they “had” to have an internet presence. Why? Well, often because their competitor did, or because they thought they should before their competitor did. They were diving in, pretty much blind; they did not understand what they were getting into. The stock markets cottoned on that something big was in the offing, so .com shares were being touted to ever higher levels. Shares of companies with no substance in most cases.

I used to trade shares on a daily basis in those days, and I never touched one internet related company. I cringed every time I saw the financial figures of a listed .com. Prices of shares were often in the stratosphere while turnover was meagre and profits non existent, then and into the future. The traders in the London Stock Exchange and Wall Street did not understand. The internet was new, there was no history to go on. They simply did not understand. They were excited, and were exciting others too. The buying was frantic. The crash inevitable.

Companies all over the world were realising, though, that they must have a web presence. Companies had marketing departments and/or advertising agencies. So they too had to go along with the the tidal wave of internet anticipation. What did they do? They followed the accepted patterns for marketing in those days. TV advertising. Radio advertising. Big newspaper ads. The massive costs of those methods bore no relationship then to the potential for additional income, for sales. They were throwing money down the drain in most cases. Why? They simply did not understand!

The internet was, and is, a revolution in communications. But the marketing industry had not had a revolution, it was too bogged down in the rest of the marketing mix to realise what was really going on here. The printing press was a revolution in communications, but it took many years to spread its influence. Radio was a revolution in communications; likewise. TV? Likewise.

The internet has been more like an explosion, and after an explosion it takes time for the dust to settle. That’s one of the reasons for the maze of internet marketing. The dust is still settling. You can’t see through the dust yet. More of a haze than a maze I suppose! No, a maze in a haze!

About The Author:
Roy Thomsitt is owner and author of http://www.change-direction.com

Copyright Roy Thomsitt - http://www.change-direction.com

7:00 a.m., the silence in the house is broken by my child’s call to me, from another room, “Mom, please take care of my Opie eye!”

Huh?…

My mind is spinning trying to process this information, what sort of illness is Opie eye? Is it a variation of Pink eye? What is the cure? What is the cause? Why didn’t I notice it? Why hadn’t I heard of it?

I must be a terrible parent.

My mind goes back the 1960’s sitcom ‘The Andy Griffith Show’ where Ron Howard played the sheriff’s young son Opie. This must be the reference for Opie eye, I surmised. I can’t think of a single thing wrong with the adorable little guy’s eyes.

I’m not doing well sorting this out.

Then I hear it again, “MOM, Puh-lease take care of my Opie eye…. I can’t go to school until you do!”

I decide to go to my child and have a look, perhaps this problem has another name that I’m familiar with.

As I walk up to her, tilt her head toward the light and have a look at her eyes she says in her best teenage I’m-disgusted-with-you tone, “What ARE you doing?”

“Why, I’m looking at your eyes. Which one is bothering you?” I counter in my best Doctor Mom voice.

To which she flatly retorts, “There is nothing wrong with my eyes.”

“Then what is all this about you having Opie eye?” I asked now very confused.

She held out an extended hand with a form and a pen. The form that she wanted signed was saying that I have seen and agree with her Spanish teacher’s guidelines for (are you ready) an Oral Proficiency Interview.

That’s right, O.P.I.

In my best Gomer Pyle voice I loudly declare, “Shazzam! Andy call Aunt Bee to bake a pie, my child don’t have Opie eye!”

While we laughed ourselves silly over this early morning incident, it provides a very important lesson in business. Nothing defeats your purpose faster than using acronyms that nobody understands.

I have articles submitted to me for publication every day using acronyms that are meaningless to my readers…. they are not published here. I receive publications everyday, that I can not find the web site because the publication is sent as an acronym and I don’t know or can’t remember what the acronym stands for.

You can’t sell to people that don’t know what you’re talking about. Therefore, by using acronyms you defeat your purpose andI would advise that you stop P.D.Q. (Pretty Darn Quick) It is your job to educate, not intimidate or confuse your clientelle.

About The Author

Thea Swafford is the owner of, The Shepherd’s Inn Inc. and two very successful web sites that focus on helping both the novice and netpreneur to reach their objectives with wisdom and humor.http://Targeted-Ad.Com and http://Secrets-To-Your-Successful.Com, for our free newsletter secrets@a1ebiz.com

thea@secrets-to-your-successful.com

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