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Obama and the Self Employed - More Tax On Business = Less Jobs Created


Posted 02-26-2009 at 08:31 PM by corporatefactors.net| Category: Business General

If you want jobs you have to create business. Creating more business means creating more jobs.

There can be no new jobs without the creation of business. Once again more tax is imposed on business owners under the new Obama plan.

With one company going bankrupt after next and more people getting laid off from their jobs in record numbers, how then do we find jobs if they can't be created ?

Test Question?

How will business owners deal with this new tax?

Answer?

By laying off people not hiring new people.

What is the incentive to start up a new business and create new jobs?

Correct me if I am wrong, but if you add up city, state, fed tax, health tax, and all other tax you could expect to pay in a business, are we not well past over 50% of every dollar earned by a business paid out in one form of tax or another. It's the whole tax picture we have to keep an eye on.

This new plan is bad for business !
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Corporate Research - How much can you afford to lose?


Posted 02-06-2009 at 02:04 PM by KarenBlau| Category: Uncategorized

Corporate Research ? Background checks by Karen Blau

You are a venture capitalist considering investing in a company. Or ?
You have found a business you want to buy. Or ?
You are ready to start a new business, and you are considering a partner.
You know the industry, the business plan makes sense. Now ?

How much can you afford to lose? Everything you have invested ? and more?

Gather round, children, for a scary bedtime story.

Our client, one of the biggest casino owners in Las Vegas, wanted to build a casino in a certain Pacific Rim country. They know lots about the gaming industry, but nothing about the rules and regulations of that country, or its culture. Furthermore, they want to associate the casino with an online poker website. They have been approached by Michael W., who has told them that he is the ?only? person who can put this project together, and it will be successful beyond all expectations. He has all the connections and the know-how. They client has checked him on the Internet, and has seen that he is of Asian descent and has been the President of two Internet gaming companies.

Realizing that not just money, but the reputation of their existing casino at stake, they request a background check.

Findings? Michael had been forced to resign from the first company. Although it was a public company, there was nothing in the annual report about the reason, although he left without notice. We tracked down the former CFO of the company in the Caribbean, who described Michael?s flagrant abuse of the company?s resources, and noted that ?he is the least scrupulous guy I ever worked for?. Did I mention the police raid on the corporate offices a year after he took the helm? Something about pornography, illegal gambling, money laundering? The head office eventually relocated to Antigua. The second gaming company refused to discuss Michael with us.

We also found two criminal actions against Michael, one for impaired driving; one for driving without a licence. There were five civil court cases involving Michael as a defendant. The issue in four of the cases was his failure to pay for work for which he had contracted personally. A Writ of Seizure and Sale had issued against Michael for unpaid income. There was a similar action against him in another state according to federal court records.

Needless to say, the client decided against a partnership with Michael. And what is Michael doing today? He is an investment-banking consultant.

Remember, knowledge = power.

Karen Blau can be reached for Due Diligence at intelligence@karenblau.com or check out the website: Intelligence - KarenBlau.com - Reduce your risk, make informed decisions
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Starting A Business Check List


Posted 01-12-2009 at 11:31 AM by corporatefactors.net| Category: Business General, Small Business & Start Up

Write A Business Plan
We can not express in words alone the importance of a business plan for the success of a business.

It is a critical component for success. Almost every lender will require some type of plan before lending any money to a business. We offer a number of Business Plan services you may contact us for quotes.

If you wish to try and prepare a business plan on your there are number of Business Plan Software packages that can be downloaded for free.

Alternatively you can purchase a professional business plan software.

Choose a business name
We can come up with business name suggestions for you. We follow the 3M Rule. Your business name should be Memorable, Mellow and have Mass appeal.


Verify right to use the name
You could find yourself a victim of a lawsuit if another company is using your business name.

Let us do the proper searches to ensure you won't get into trouble using a company name that may already be in use.


See if the business name is available as a domain name
Make sure the domain name is available on the internet as a .com .net .org .ca etc.. You should register the domain even if you aren't ready to use it yet.

Also set up an email with the new domain name once it is registered.


Establish a mailing address and phone number for the business
You must decide on an address for the business. You need to get this well established before you start investing money in business cards, letterhead etc.. so you won't have to change it later. You may wish to consider renting a post office box if you are anxious to get an address for the business but are unsure if you are going to rent space or work from home.


Registering the business (Sole Proprietorship, Partnership or an Incorporation)
You must decide if you wish to register your business as a Sole Proprietorship, General Partnership or an Incorporation. There are advantages and disadvantages for each form of business as it relates to tax and liability. Let us properly educate you based on all factors of the business set up process. We can register the business for you or do the incorporation filings.


Business cards and stationery
Once you are fully registerd with your business name, address and telephone number. It is at this point where you should consider making a solid investment into business cards and stationery. All business experts will agree that you should put as much as you can afford into your business stationery to give yourself a professional established look. We offer discovery, company naming, product naming, reputation consulting. It would be good to have all your stationery printed before you open your bank account or meet with any business bank account manager.

Open a bank account for the business
Not only should you open up a business bank account but you should be setting up relationship with your account manager.

Zoning Bylaws and Building Permits
If you plan to run your buisness from home you may need to check your local city zoning laws. Many cities have limitations on how many people you can have working for you from home. Issues with respect to parking can also arrise.

Choose a location for the business or make space in the house for it
If you are going to rent space in an office building or an industrial unit you may wish to consult with us before signing a formal commercial lease. Commercial landlords may try to lock you into lease terms that is simply way too long i.e. 5 year terms or more. If your business expands you may have to move if you require more space for people and/or equipment.
What happens if your current landlord can't accomidate you? If you are locked into a lease you may find the expansion of your business at a road block if you can't get the extra space you need.
Also beware of personal gurantees that may be in the lease contact that you are unaware of. If you are an incorporated company and you personally guarantee your lease, you could be held PERSONALLY responsible for your debt to your landlord if your business fails. Entering into a commercial lease is very serious and needs to be reviewed by a professional on a number of factors.


Get any required business licenses or permits


Register or reserve state or federal trademark

Register copyrights

Apply for patent if you will be marketing an invention
Check into business insurance needs

Find out about health insurance if you will not have coverage under a spouse
Get adequate business insurance or a business rider to a homeowner's policy
Taxation Canada
GST, PST, HST basics. There are two main taxes that businesses collect: the Goods and Services Tax (GST) and Retail or Provincial Sales Tax (PST). Several provinces combine these two taxes into a single tax known as the Harmonized Sales Tax (HST). Check our Useful Provincial Tax Links tool for informative links for the province where you do business.
A Business Number will be assigned to you when you set-up one of the four following accounts with Canada Customs and Revenue Agency (CCRA):
  • Goods and Services Tax (GST)
  • Corporate Income Tax
  • Payroll Deductions
  • Import Export
Also, you may not be required to charge the GST immediately, but there can be advantages to registering immediately. For example, if you purchase $5,000 in goods to start your company, you won't be able to claim back the GST spent on these purchases unless you are registered to collect the GST. Register for provincial taxes, permit, if they apply. Depending on the type of business you are in, you may need to collect provincial sales tax and apply for a vendor permit or other permits. Service businesses are normally only required to collect the GST, but there are some unusual exceptions. Check our Useful Provincial Tax Links tool for links to key provincial resources that will help you understand what you provincial permits and taxes rates apply


Understanding Business Taxation
It is of utmost importance that you have a clear understanding of business taxes. It will be important to understand how and when to remit your monthly taxes to the government. Close to 50% of every dollar earned in your business will be paid out into some form of business tax. This means the tax man is your business partner. If you do not know how to collect and remit your taxes properly you could find yourself on the road to bankruptcy very quickly.

Purchase Accounting/Bookkeeping Software and determine record keeping requirements
You should get in the habbit of good record keeping from day one. If you plan to have employees you will need good accounting software to subtract and remit reductions. Your accounting software should be able to print cheques and invoices as well. You can alternatively hire a company to look after payroll for you if you find the system to time consuming. Some banks offer a payroll service.
You will also need to educate yourself on hiring independent contractors, facts about estimating taxes, forms of organization, etc.
Now would also be a good time to start establishing a relationship with a small business accountant.


Employment Standards, Payroll Information and Workplace Safety
You can usually obtain this information from your local government agencies. You will have to apply for employee identification numbers if you have employees.


Find out about workers' compensation if you will have employees
Most businesses in that employ workers (including family members and sub-contractors) must register with the WSIB within a few days of hiring their first full- or part-time worker. It's the law.

Registering with the WSIB provides workplace insurance coverage for all of your workers and gives you access to experts in health and safety for your business sector.
There are a few industries that do not have to register. These include:
  • <LI type=disc>Banks, trusts and insurance companies <LI type=disc>Private health care practices (such as those of doctors and chiropractors) <LI type=disc>Trade unions <LI type=disc>Private day cares <LI type=disc>Travel agencies <LI type=disc>Clubs (such as health clubs) <LI type=disc>Photographers <LI type=disc>Barbers, hair salons, and shoe-shine stands <LI type=disc>Taxidermists
  • Funeral directing and embalming
This is not a complete list as there are more industries that do not have to register. For more information, please contact your local office.


Start working on an advertisng and marketing plan for the business
This will be one of the biggest projects on your start up list. Your investment into your advertising and marketing plan must be based on the budget your working with. You should have a solid plan and be prepared to make a large investment of your start up budget into your advertising and marketing goals.

Have sales literature prepared
This would include your pamplets, brochures, and other sales literature. It would be a good idea to have these materials completed before you begin to design your web site. This way your developer can just use your sales literature for content when designing your website.

Find a web hosting company & Get your web site up
Depending on your target audience you may want to start designing your website early and getting it registered with all the search engines . While it may not take too much time getting a basic website up. It does take time to get your website registered on all the search engines once the site is established. This might be a good project to have working in the background.


Hire Employees
Once you are set up and you have a working advertising and marketing plan in place, it is at this point you may wish to consider hiring employees. This list has discussed, insurance, and payroll.


Employees and Management Concerns
Once you have a working staff. It is important to deal with issues like management contracts, confidentiality contracts, non competition contracts etc.. We have sample contracts and agreements if you need our help.
If you have staff working behind a computer you may wish to establish your written internet policy as to when and what your employees are allowed to use your computers for when it comes to surfing the internet for personal use at work.
You should also educate yourself on all aspects employment standards.
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Counterfeiting and Piracy: The New York City Tourist Attraction


Posted 01-05-2009 at 10:52 AM by corporatefactors.net| Category: Business Security, Business General

While I have been to New York City many times on business, I have never really been for a fun visit, to take in the whole New York City/Manhattan experience. I had such a wonderful time. I even got to meet Ivana Trump at the airport.

In January of this year I spent a few days in this wonderful city mostly touring the attraction sites. Rather than taking taxi cabs everywhere I bought day passes on the tour buses and used that for my mode of transportation to get around the city.

I was completely fascinated (or should I say disturbed) that the bus tour guides, when talking about Canal Street, went out of their way to tell everyone that Canal Street was a great place to buy counterfeit watches, purses and videos.

I couldn?t believe how out in the open the comment was, virtually every time I rode the bus. In fact, all the tour guides made mention of a large basement-type warehouse that was the biggest on the street, filled with fake products.

My visit to Canal street was everything I expected it to be, but worse. Tiny shops with backrooms full of fake Gucci, Coach and Fendi purses. If you wanted a fake watch all you had to do was ask. Either the watch vendor had them hidden or he could merely ask someone to bring them over in a canvas bag. Everything fake was for the asking and buying.

While I can spot a fake Rolex and Gucci watch, the Breitling Bentley watches were good copies and were selling like hot cakes. Women were lining up to get in the back rooms to look at purses, so clearly business was good for every vendor.
There had to be at least 100 people walking around with canvas bags selling watches, sun glasses and DVDs.

At the time I visited, the movie American Gangster was still in the theatres. You could have bought an illegal copy of the DVD for $5.00 out of a canvas bag.

In only two other countries have I ever seen street vendor counterfeiting and piracy this bad; Japan and Thailand.

When I got back to Toronto I was talking about the experience for weeks to people in my business. It was like New York had given up and Canal Street Counterfeiting was the new tourist attraction.

I?ve worked for many manufactures and distributors (and their legal counsel) who have fallen victim to counterfeiting, piracy, and copyright violations. Companies who have had to close factories and offices, and lay off staff. Even legitimate retailers in the same industry are affected - unable to compete with these fakes.

While consumers look for fake bargains many legitimate companies suffer.

The money from this crime stays undergound, just like drug money. It remains tax free to these vendors and will very often remain in the crime element.

Very often the products themselves are made in hidden sweat shops in Asia.
The PI industry has been fundamental in fighting counterfeiting and piracy and will continue to be. Every company that has fallen victim has either directly or indirectly retained a PI firm to assist in the problem. PIs usually act for the manufacture or their legal counsel. They identify who the vendor is by working under the pretext of being a customer. They buy products and then ultimately swear an affidavit to get the civil sheriff out to seize the goods.

In the early to mid ?90s the streets of Toronto had the same problem. Vendors were everywhere on the streets selling counterfeit products. But back then it was very much a civil problem. The police only got involved to keep the peace during the civil seizures of products. They rarely laid criminal charges on the vendors.

It was primarily up to the manufactures themselves to hire lawyers and private investigators to seek out the street vendors and find the bulk of the counterfeit product. Once the vendor had been identified the necessary paperwork had to be filed so the civil court Sheriff could go out and do a seizure, and serve a law suit on the vendor.

Even more frustrating for the manufacturer was the fact that the Sheriff was only allowed to seize goods on behalf of the manufacturer named in the order.

This meant that if the Sheriff was acting for only one watch manufacturer (for example) he could only seize that one brand name.

All other fake brand names would remain unseized. It was ridiculous.

Manufacturers had to team up with the same law firm so the civil Sheriff could raid the vendor and take just about everything in one raid.

While the manufacturers continue to try and sue these vendors, the civil judgments are worthless. How do you collect from a vendor working for cash? There is simply no financial recovery.

The city of Toronto has pretty much cleaned up the problem from vendors selling counterfeit products in the open.

But many products can still be found in Toronto?s China Town. All you have to do is ask.

It would seem that today, public law enforcement has become more involved in charging and prosecuting manufacturers and sellers of counterfeit products. It is certainly not to the satisfaction of most victims and their associations who continue to fight the problem.

As long as there is no law in place that prevents the consumer from buying the fake products the problem will never be resolved.
About a month after my trip I read that the New York Mayor?s office had raided dozens of storefronts on Canal Street. They seized counterfeit goods with an estimated street value of more than $1 million.

Mayor Bloomberg and Police Commissioner Raymond W. Kelly, obtained a temporary restraining order to shut down the storefronts. Forty-two undercover purchases were made in various storefronts.

The investigation uncovered counterfeits of such brands as Coach, Gucci, Dolce & Gabbana, Dior, Prada, Rolex, Fendi, Burberry, Calvin Klein, Dora the Explorer and Oakley.

While I applaud the raid, I wonder - how long will it be until they all come back? Will there ever be a law that will stop people from buying the fake stuff in the first place? Will we ever see a tourist held up at customs because he or she was found to possess a fake watch, purse, or a pair of sunglasses ?

It?s doubtful !
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Why Your Child Support Will Never Be Paid


Posted 12-05-2008 at 02:23 PM by corporatefactors.net| Category: Trying To Collect Your Money

Child support orders are rapidly becoming worthless (no different than judgments). It?s not a collection problem, it is an ability to have some power to get access to information like bank accounts, employment, the vehicles owned so you can collect on your order.

For example, how in the world is anyone expected to find the bank account of their ex-spouse and determine if there is any money in the account?

Due to the fact that there is so much attention in the media about the Family Responsibility Office (FRO), right now, about collecting child support,

I am going to help people understand the real reason why their child support will never be paid or collected.

There is no point in blaming the FRO ? they run into the same problems as any starving recipient trying to collect support. They send letters, they make phone calls and they manage a payment systems for those payers (lets call them debtors) who actually pay.

The failure to collect these order is not about collection at all. It?s about trying to find the assets, the employment, the bank account, the property or the vehicle of the debtor so you can collect.

Your on your own and it?s and ?investigative task? not a ?collection task?. This is the main reason why assigning support orders to collection agencies will never work. Collection agencies make phone calls, write letters, and report the debt into the debtor?s personal credit bureau file.

They have no access to bank account information nor do they have any power to obtain the actual information you need to collect on your order.

This is an investigate mission on all fronts and someone has to play detective and it won?t be any government agency doing if for you.

Here are your responsibilities

Find a bank account.

Find property (land or a house).

Find employment.

Suspend the debtor?s driver?s licence.

Finding A Bank Account

You are expected on your own to find a bank account with money in it. You need to identify the bank (i.e. the institution) and the actual bank branch where you believe the debtor might have a bank account.

You do not have to have an actual account number.

How on earth is someone expected to lawfully find a bank account on a person but most importantly if there is actual money in the account?

The banks certainly won?t give out this information, as they will protect their customers, and even more so now, with the new privacy legislation and fraud and identity theft on the rise.

There is no system, nor any powers of a support order, which will allow recipients of support orders to properly and lawfully get bank account information in order to proceed with a garnishment.

What about if the debtor works at a job for cash? or perhaps the account is joint? or is in some other name? or even a company name as with a self employed person?

Finding Property (land or a house).

It is possible in most states and provinces to take a debtor?s name and run the name through a computerized database to see if they own land or a house.

But very few child support debtors put property in their name. Some may be found to own property jointly however depending on where you live you may be able to register an execution on the property. This would merely allow you collect monies only when the debtor sells the property.

You would collect what is left over after all the mortgages and expenses have been paid on the sale.


Finding Employment


While you may find employment on the debtor through word of mouth, friends, relatives etc? Trying to garnish employment wages can be very difficult if not impossible if your debtor falls under one of the categories:

(Working For Cash)

(Working Under Contract)

(Self Employed)

(Low Waged Employee)


(Working For Cash)
One of the biggest reasons your child support will never be paid is the underground economy which is nothing more then a term for people who go to work everyday and are paid in cash.

Millions of people go to work every day and work for cash. They are paid in cash and never deposit their cash wages into any bank account or report their income to the IRS or Revenue Canada.

If they are paid by check from a cash employeer they simply cash their check at a local cash stop store and pocket their wages in cash. People who live like this do not fear collection agencies nor are they concerned about their credit rating. They don?t need credit cards or credit as they pay cash for their expenses.


Finding out if a person is working for cash can be impossible on your own. There is no other way to show a person is working for cash then to have them followed. How do you show cash from hand to hand?

The normal course of investigation would be to have the debtor followed into work. Obtaining video or pictures of a debtor spending every business day at the same job site for eight hours yet never reporting a nickel of income.

But many who are starving for child support can not afford to hire private investigators at $50.00 to $75.00 per hour plus kilometers and expenses. Doing surveillance on your own could be illegal and dangerous from a driving stand point.

When you have a debtor working for cash not paying child support or filing tax returns who then is responsible for this mess?? Is it the Family Responsibility Office or the IRS and Revenue Canada who is responsible for cleaning up the underground economy?

It is logical to expect the FRO, the IRS or Revenue Canada to follow a cash paid dead-beat dad into work at 6:00 amto a construction job-site? With all the controversy surrounding privacy concerns can we expect that anyone can solve this problem?

(Working Under Contract)
One of the biggest scams going to avoid child support (and judgments) is employers who hire a person (a debtor) under contract and call it ?contract?. This is most commonly used by employeers to avoid paying payroll taxes.

When we use the word ?contract? we are not talking about about a contract position or an agreement. We are talking about a situation where an employer pays an employee (the debtor) by check and makes it look on the books like the employee/debtor is a business who invoiced the company. The debtor merely gives an invoice to the employer every second friday for his wages. No tax is deducted and no income is ever reported.

Many employers create actual written agreements where the employee has to promise in writing to file taxes at the end of the year.

But what many don?t realise is that this contractual relationship can be very very illegal. If in the tax year the debtor has worked for only one employer that whole year and he has not invoiced any other company, the IRS and Revenue Canada could consider the relationship illegal.

Both the employee and the employer could face fines, penalties, and be compelled to pay all appropriate payroll taxes and deductions.

Many starving recipients of child support often wonder how the debtor they are chasing is able to go to work everyday for the same employeer yet not one nickel from the garnishment served on the company has ever been paid.

THE OTHER SIDE OF THE COIN

But what about the other side of the coin? Much of the reason why child support is not being paid is that many payers of child support cannot easily and cheaply apply to the court to have their support orders reduced if there is a change in their employment of financial situation.

The result is that these payers fall drastically into arrears, being unable to afford to get their orders to reflect their true income.

The ultimate result is that the payer will become so far in arrears their only alternative is the underground economy (working for cash under the table) to avoid a large garnishment of wages that may, in fact, be unfairly registered against them.

Lets do the math!! The average retainer to a lawyer to have a support order reduced (or the legal term ?varied?) can be anywhere from $2000.00 to $6000.00. Days will be spent preparing court papers and attending at court hearings.

For example: a seasonal worker in like a landscaper, may earn very high wages in the warm, summer months, but in the winter the wages drop or he/she may earn nothing at all. The seasonal worker may be paying $700 per month in support, based on a job he/she had two years ago at the time of the divorce.
Now, years later, the income has dropped.

At $2000.00 to $6000.00 in legal fees to get an order varied who can afford to keep up every single time there is a change in employment circumstances.

Some courts will allow you to file the paper work and attend on your own (without a lawyer) yet some judges will insist you be represented by a lawyer. It?s a crap shoot if you think you can do it on your own and find a judge who will listen to you.

The Law Society of Upper Canada has just recently licensed Paralegals in Ontario. In the past a payor of child support could perhaps hire a Paralegal to cheaply assist in completing the forms to have a support order reduced. It is now illegal for Paralegals to advertise this service and to do may aspects of family law or divorce law. This now makes it more expensive to get your support order reduced.

Learn the word ?no standing? real quick. There will be nothing more humiliating if you file your papers and attend at court when you are drastically in arrears depite the reasons you may have. Chances are you won?t have any standing at all before the judge despite the legitimate reasons you may have for being unable to pay and being so far into arrears.

As long as their is no system in place to reduce a child support order inexpensively and less time consuming the family court system will continue to manufacture no payers into the underground economy.

You can roll your eyes all you want but no-one in their right mind will spend the time and money to have their order changed every time there is a change in financial circumstances.

As would be payers fall into the underground economy, they will not only continue to not only avoid paying child support, but also personal income taxes.

To recap:

1. Until the court is willing to give more judicial powers to support orders and judgments information be impossible to find to allow people to collect on their Orders and Judgments Things like the order having authority or power to force a payer?s employer to give circumstances regarding employment.



A bank being served with a support order to be compelled to report on all bank accounts registered in the payer?s name.

The department of transportation upon being served with a support order being compelled to provide a vehicle and address information so a vehicle could be seized or a license suspended. Assets have to be identified before there can be collection and/or enforcement.

2. Until a simple paper system is in place to allow parties to go to court (with or without a lawyer) to get their orders changed, simply and cheaply, there is a change in their financial circumstances, payers will continue to outsmart the system, go underground and not pay support or income taxes.


It is possible to represent oneself in small claims court and landlord tenant Court but not in the family court. These hearings could be conducted with a simple set of forms and be heard by a referee, arbitrator or registrar, instead of busy judges with overloaded family court dockets. The system right now is too complicated, time consuming and expensive.

3. The only way to catch a person working for cash is to follow them in to work ? plain and simple. No search method on earth will reveal how a person is truly spending their working day if he or she is not reporting his income.

Government Insurance companies like the Workmens Compensation Board (now the WSIB) spend millions of dollars to hire independent private investigation firms to use private investigators to follow (via surveillance) on would-be cheaters of the insurance system to see if they are continuing to work or faking their injuries during the business day. It?s the only way to fight this kind of fraud.

Revenue Canada (or the IRS in the United States) should be teaming with the FRO to help fund Private Investigation agencies to conduct surveillance and inquiries on cheaters not only of child support but working underground for cash.

A person working for cash trying avoid child support is not only cheating the family court system but is in fact committing tax evasion. This makes the problem a joint responsibility of Revenue Canada and the IRS who continue to unsuccessfully battle the underground economy. The underground economy is partly manufactured by the failing family court and FRO system.

Privatization of the FRO, or forwarding child support orders to collection agencies, will accomplish nothing in the way of actual collection. Collection agencies make phone calls, send letters, and report to credit bureaus. It will be a waste of your tax money on a system that is already failing both sides of the coin.

You can?t collect on what you don?t find. Finding assets is an investigative mission. Dead-beat parents need to be followed into work ? plain and simple ? there is no other way.
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