YAHOO ANSWER: payment from a deadbeat

Tuesday, July 10, 2007

http:// answers.yahoo.com/question/
index;_ylt=AlOVOvqTuYWX2IG
1H.3X4lCTxQt.?qid=20070710084124AAgp4XQ

http://tinyurl.com/2hrg3p

payment from a deadbeat

QUESTION

Asked by “euroteacher0”

Try to get payments from a student or give up?

I teach private lessons and have a student that is 3 months late on paying me for the lessons. I know, you’re thinking why did I let her go 3 months without paying, but she’s a member of the Mormon church that I sometimes go to and thought she’d be reliable. Anyway, she stopped taking lessons, hasn’t paid, won’t respond to my emails or phone calls, and the only time I did get through to her, she was on a trip to the mormon temple and said she’d pay me when she got back (ie she can go on temple trips but she can’t afford to pay me.) I’m getting to the point where I want to write her a nasty email but perhaps it’s just better to let it go and count my losses…

ANSWER

Dear “euroteacher0”:

Well, getting money out of a deadbeat is often compared to getting blood out of a stone. Frankly, I think the stone is easier.

Let me make sure I understand the question. You have a deadbeat student of an undescribed age. This person owes you an unenumerated amount of money. You think she’s a Mormon. But, she’s not acting like any Mormon I’ve ever heard about. And, you’ve tried to collect nicely. But are up to launching a nasty email. Is that about right. (All subsequent advice rests on these assumptions.)

How much is involved? Not the specific amount, but does it really matter in the grand scheme of things? Have you ever heard of the concept of a Pyrrhic Victory? http://en.wikipedia.org/wiki/Pyrrhic_victory

Be careful you don’t fall afoul of some federal or state law in attempting to collect this debt. See the ftc site cited.

On the other hand, no one likes to be taken advantage of. So let’s do some self-examination of our own state of affairs. Now I’m no Judge Judy — not a lawyer — nor do I play one on TV, but do you have a contract? How will you prove by a preponderance of the evidence that you have a valid claim? Is this person over 18 or 21? If you have no contract, you really have no case. imho.

Assuming you have no written contract, then my suggestion is to regard this as tuition in the school of hard knocks. You should get a lawyer to draw you up a contract for ALL students going forward. You should also change your payment terms. CIA (Cash in advance) is good. Certainly, a credit hold policy, no lessons if you’re in arrears. Good customers can go bad, but I’d cut good old customers a little slack. I think you have to be harder on yourself, no more nice guy.

Assuming that you DO have a written contract, then you have to decide if it is worth the time, money, and attention to enforce it. If it’s big buck or you need it to eat, then go to Small Claim Court.

I’d caution you, if you don’t have a written contract, to be careful what you say or write. You could get hooked for slander or defamation. That could be expensive.

Even if you don’t have a written contract, and if you are sure that she’s a Mormon, and assuming that you need the money or want to teach her a life lesson, then I would very carefully consider approaching the Mormon Church Hierarchy. I’d seek out one of their Bishops and ask him to mediate the dispute. I’d call it a misunderstanding. I’d reign in all the assertions and stick to the facts. You gave this Mormon lessons believing that Mormons were scrupulously honest. Be prepared you may find that this person is not a Mormon. I’d try to use the power of their community to settle the matter to everyone satisfaction.

I’d forget about nasty emails because they can be used against you in court. All emails you be personal and sad (i.e., I’m sorry that we have this disagreement, but I need to eat.)

Hope this helps. I’m interested how it works out for you. Drop me a note sometime. My blog may have helpful “stuff”.

Ferdinand J. Reinke
Kendall Park, NJ 08824

SOURCE
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

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UPDATE

Best answer by voters. Err, vote! One vote among one choice. Some choice!

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RANT: If this be treason, then sir make the most of it

Tuesday, July 10, 2007

http://www.newsday.com/entertainment/music/
ny-etliveus085286071jul08,0,3908150.story?coll=ny-music-print

http://tinyurl.com/3a7cj7

U.S. leg of Live Earth hits key notes
BY GLENN GAMBOA
July 8, 2007

*** begin quote ***

However, Etheridge aside, it was nonmusicians at this concert who made the most passionate pleas about demanding action for the environment. “Get rid of all these rotten politicians that we have in Washington, who are nothing more than corporate toadies,” said Robert F. Kennedy Jr., the environmentalist author, president of Waterkeeper Alliance and Robert F. Kennedy’s son, who grew hoarse from shouting. “This is treason. And we need to start treating them as traitors.”

*** end quote ***

Sorry, but I don’t buy it. Global warming, action on “the environment”, and more force applied to people.

You, sir, are a poltroon. Attempting to manipulate the mob into a frenzy. By your name, you have been born into a clan that seeks to lead the people. And, if they won’t be led, then they will be frightened. And, if they still won’t be led, then they will be forced by the guns of gooferment.

A crass solution at best. Heavy handed at worst.

The Kings of France used force to oppress the people. The people rose up instigated by “leaders”. The French nobility was fed to the guillotine. And, when the “leaders” couldn’t do better, they too were fed to the guillotine. Eventually the mob was ruled by a tyrant.

Force begets force.

I often blog that the hallmark of a bad idea is when you have to force people to do it.

In the madness of crowds, we see people do all sorts of absurd things. Their paradigms (i.e., how they see things) and their memes (i.e., the concepts they have) are flawed. The Egyptians had no zero. The Romans no numerals. The Chinese no alphabet.

Over time, with a great deal of pain, bloodshed, and sorrow, we have found that freedom and liberty “unlock the atom” of human ability.

Conversely, there is no way to force a human to do what they want. They can be a stubborn as the most uncooperative donkey. More dangerous than a spitting camel. And more treacherous than any other animal known. You may beat them into submission, you may force them into submission, you may tax their meager possessions. But be careful, you’d be better off killing them. Because when you push them over that imaginary line, when they have nothing left, or you’ve rendered the ultimate insult, then you will have no other course but to kill them. And, you best do it quickly. Like a wounded bear, you don’t want to have to track them down. They can turn in an instant. With lightening quickness, the strength of a Hercules, and the merciless ness of Attila the Hun.

And, you’ll have deserved every iota. Because you initiated force. Like begets like.

Now I disagree that we have rotten politicians. We have the best politicians that money can buy. And, who put us on this path, your figurative and literal progenitors. Who promised the mob something for nothing to vote your ilk into office.

See government is a meme. And a dangerous one at that. It only exists in the people’s mind. And, once they change their minds and see you and your ilk for what you are — aggressors — you’ll never be able to hide again.

So what exactly are these traitors betraying?

Till you can mount an indictment, this is just playing to the mob.

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TECHNOLOGY: More on Seattle taxpayers

Tuesday, July 10, 2007

CONTINUING THE DISCUSSION ON MLPF

>But, I say pity the poor soul who thinks that America’s only wealth is
>measured in tax dollars.

It’s not that I think America’s wealth is measured in tax dollars. That’s a negative measure; it’s the load on the vitality of Americans. The sand in the economic engine. The friction. Tax dollars are a measure of how much is REMOVED from some American’s investment account. Taxes are opportunities that can never be taken by the original earner. If you earn 100k from MLPF or Alba earns his 100k from JibberJobber AND you each lose 50k to taxes, then you and he can NOT invest in my latest get rich scheme — color coded name tags for families at wakes to tell who’s from what side of the deceased’s family. It’s a real winner!

Seriously, taxes deprive you and Jason from using your 50k as you see fit. Invest it, spend it, throw a party for all the MLPFers, or give it to your favorite charity. It’s YOUR money. It’s STOLEN from you at gun point. It’s nothing more than other people robbing you to use the sweat of your brow to feather their nests, reward their friends, and punish their enemies. The “good works”, that incidentally they use the illusion of legitimacy to do, hides the fact that they are using the proceeds of theft. Why if I steal your 50k and give it to the Salvation Army, do I go to jail? But the gang in DC steal your 50k, call it taxes, give a bureaucrat a job, throwing a bone to some purpose or other, and we’re all supposed to applaud them for the “service”? The hidden problem is that whatever you were going to do with your profits doesn’t get done. It right out out the Economics 101 “the broken window” fallacy. Society is a net loser when wealth is used to fix the broken window because it was NOT available to do something else. We see the window, but we don’t see all the effects of the action precluded. So too, we see “Seattle” but we can’t see what it precluded!

There’s a reason that taxes are compulsory. No one would pay them if there weren’t.

Gooferment “sells” us “services” that we don’t want at prices we can’t afford. Compare it to the “free market”. Not some of the nonsense where an industry is “regulated”, but a real free market, like the computer hardware market. If you want to “sell” me a service, then you have to satisfy my needs. If I’m in the least way dissatisfied, I have choices. If the gooferment “sells” me a service and I’m not satisfied, there’s nothing I can do.

>America’s greatest asset is attitudinal.

America’s greatest asset is the liberty that allows us to “be all that we can be”. We are the beneficiaries of a lucky happenstance of the American experiment. The Classical Liberals have freed us from oppression by Kings, Churches, and random gangs of thugs. They given us the “invisible hand of the marketplace”, the “division of labor”, and “all men are endowed by their Creator with certain inalienable rights”. They weren’t perfect by a long shot, but they gave us a huge start. We’ve, like the Prodigal Son, squandered or birthright by being lazy. Lazy in our thinking; that gooferment could give us something for nothing. Lazy in our complacency; that we need to always reinvent ourselves to take advantage of opportunity. Lazy in our faith; faith in our own abilities, the honesty of our fellow men, faith in the universe that gives us all we need. We’ve allowed gooferment to take over charity (i.e., welfare), education (i.e., indoctrination), and basic slew of other stuff!

Sorry, but we’ll have to disagree agreeably on the value of Seattle’s innovation. I’d be looking for the “hidden opportunities” that the “Seattle innovation” precluded.

fjohn

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INTERESTING: Random sad thoughts

Tuesday, July 10, 2007

Reflections upon a death, funeral, and some sad observations

On Independence Day, Frau received word that an aunt had died. That shook her, since she had wanted to visit her, but Frau’s own health problems precluded it. It took the immediate family a little time to get organized, and she waited impatiently anxiously for the arrangements to be published. She was concerned that her own health would preclude her participation in saying good bye, and seeing again people from the good times long past. Eventually the arrangements were announced, and she prepared for the sad days ahead. Today was the last of those days.

As a blogger, I captured a few thoughts and observations. Some silly. Some funny. Some poignant. Some insightful. You’ll sort out which are which.

We attended the wake, the funeral Mass, and the final service.

* The wake has to be one of the more barbaric legacies of the past. The body is displayed and everyone remarks how “good” or “bad” the deceased looks. Duh. They are dead. Often after having undergone some of the most horrendous “medical procedures” of their life. Hard to look “good” in death.

* The deceased is dressed by relatives, who I guess think that the Final Judge will be impressed by a business-like attire as our life’s worth is assessed. I always remember another of Frau’s relatives who dressed the deceased in a “heavy metal” t-shirt so the widow exclaimed, proclaimed, and explained to any who would listen that “he would always be comfortable in the afterlife”. By contrast, it made as much sense. In this case, the attire was traditional.

* I had the inspired idea, probably from reading the “name tag” guy’s blog, that at the wake, the funeral home (now there is a strange appellation to hang on a business) should have color coded name tags for the arriving mourners. (Black for immediate direct family. Red for relatives on the deceased mother’s side. Blue for the father’s side. Green for the co-workers. Purple for real friends. Magenta for acquaintances. Pink for those barely known. White for strangers off the street. You can tell I had too much time on my hands during this session. But it was probably a more acceptable idea than my others — booklets listing all relatives and friends like a baseball program, introductions like at a wedding where the bridal party is announced, or a photo session with each visitor by the casket. Like I said, too much time on my hands.)

* Another relative pointed out to me that there were some people who scan the obits on a daily basis, see people who they “know”, and drop by to the wakes. Now that’s one bizarre concept of a “hobby”. It’s like the criminals that read the obits and go burglarize the homes of the deceased and grieving during the wakes and funerals. I was also told that the police put the addresses on special watch lists for extra attention. (As an anti-statist, I find it had to believe that the gooferment could be that pro-active. I’d more likely believe that they can’t read and if they could they’d be the one’s doing the crime. But then I’m jaded.) I just nodded with interest, thinking I had to get this in my blog!

* The funeral Mass spawned another whole set of musings. The old priest gave a interesting homily about the “church desert lady, who always told people after dinner to save their forks, because the best was yet to come”. A little hokey. If your dessert was so good, wouldn’t you give people clean forks to eat it with? But, he was just trying to make a point, I guess. (Again too much time on my hands. I was always taught to pay attention when some one was speaking since they may have a good idea to share. I did observe some of the old folks nodding and some young folks texting. But, he was interesting.)

* The priest admitted he never met the deceased. But, then later proceeded to say some things as if he knew her. Obviously prepped by someone. Wasn’t too outlandish. Unless you actually listened to what he was saying. But he was trying to be comforting. At least he was concise.

* Had the mandatory use of incense. Makes me sick. And, I guess it has some metaphoric (or maybe meteoric) meaning that escapes me.

* Had three “alter boys”, two of whom were NOT boys. Only the middle girl seemed to know the drill. She kept the other two prompted as the priest patiently waited for them to catch up. The youngest girl’s bejeweled beach flip flops caught my eye, and led to this observation.

* Leaving aside all the feminist observations about the Catholic Church, and the pedophile controversy that has stripped priests and religious of any deference, it’s a far cry from the alter boys of my youth. In those days, there were tests and auditions. And, you — if you were into that sort of thing — had to earn your way onto the “first team”, and you had to be “certified” to assist at Mass, Weddings, or Funerals. And, you could lose your status if you botched it up. There was even the Pastor’s circle, where the premier alter boys were listed. In those days, it was a lucrative hobby, since the alter boys received tips or a cut of the take from an event. Today it just looks lame. Like a dying beached whale.

* In the details of the Funeral Mass, it’s obvious who’s practicing and who’s lapsed. Maybe it’s the advent of the gooferment skoolz teaching secular progressivism. Maybe it’s the feel good generation that thinks that they can do whatever they want. Maybe it’s the a fore mentioned scandals. Maybe it’s the lack of an oral tradition. Maybe it’s “education”. Teaching evolution and that we are just smelly dirty hairless monkeys. But it was clear that it’s the religion of the old and not the youth.

* Every young girl in the deceased’s family had a visible tattoo. (Not a value judgment. Just a stunning observation.) Two of the six had visible piercings. (Ouch, just looking at them, hurt. Reminds me of my now deceased father-in-law who made a rare familial rule “if God had wanted you to have holes in your ears, he’d have provided them”. To which Frau would respond “so we should be going around naked then”. But she never got her ears pierced. On a theological level, it made perfect sense to me with my four years of D’s in theology. If you believe that we are made in the “image and likeness of God” then it’s impertinent to mess with his creation. Don’t the Jews ban from their consecrated cemeteries, any deceased with tattoos? And the Orthodox Jews want spilled blood buried with the deceased. Interesting to us forensic anthropologists.)

* As the funeral procession left the Church for the next stop, I noticed with interest that at one intersection a man tipped his hat. And, along the way an older woman blessed herself as we passed. (Yeah, I know too much time on my hands, but we were going slow. 15 to 20 mphs! I had lots of time to avoid hitting any one.)

* We went to the cemetery. The deceased was to be cremated so it was “interesting” to go to the cemetery. The funeral director led us in the side road that ended with “dead end” sign just in front of the open cemetery gate. I thought that was very funny. But in keeping with the occasion, I didn’t laugh out loud. (But inside I was ROFL!)

* One other observation, in the repast, various people chatted with Frau. One told us that she was never getting married. (I think she had children.) And another proclaimed that the deceased was thrilled when she told of the teller’s wedding plans and that teller wasn’t pregnant. (Again not a value judgment. An interesting perspective on marriage in the modern society?) (I remember that in my youth the Nuns would put special attention on the religious formation of the girls. The young girls got special propaganda sessions on religion and familial values. I never got a straight answer why from any priest, nun, or brother. But a cantor once explained to me that in the religious traditions of the Jews, the woman was the home maker. And, practically, if you had the hearts of the girls, then they would bring the boys into line. Seems logical. If that’s the case based on the evidence I saw today, the Churches have lost the war.)

Maybe I’m just an old fuddy duddy.

So this was the last of two sad days. I thought the deceased was a sharp witted lady who was in her own way very daring. She always “hung” with us at wakes, and kept things lively with her thoughts and chuckles.

I’ll miss her.

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