***PICB*** PRINTING INDUSTRY CREDIT BUREAU ***PICB***
WHERE'S THE MONEY?
PICB'S PERIODICAL DEDICATED TO MAINTAINING PROFITABILITY IN THE GRAPHIC ART INDUSTRY THROUGH GOOD CREDIT POLICIES
PRINTING INDUSTRY CREDIT BUREAU 
(847) 265-0400
ISSUE # 4
FEBRUARY 2012
CREDIT TIP LOGO

DID YOU KNOW: That Sherlock Holmes, Dick Tracy, & Scooby Doo did not solve crimes and capture criminals because they had super-hero powers. Their superior crime solving skills came from INTELLECT, INTUITION, and INSTINCT, the three 'I's of successful sleuthing; 

AND

Did you know that business people who employ these same skills suffer fewer losses to bad-debt?

 

Bad debt happens: Troubled accounts are not just a consequence of extending credit terms, but rather a condition of being in business; therefore proper management of non-paying or slow paying customers is essential to maintaining profitability, stability & viability.  

 

INTELLECT

Be like Holmes and never let your opponent outsmart you

 

Holmes dismantled each crime scene and scrutinized every detail. No aspect was considered too minor to be ignored. Every object, whether in its place (or so it seemed), or slightly askew, became a part of the evidence trail. Holmes reviewed every clue looking for any and every flaw. He knew that if he could explain the flaws he would deduce the criminal.

 

Learning to use Holmes' crime scene intellect helps to identify delinquent payers before they become non-paying debtors.

 

INTUITION

Be like Dick Tracy and master the art of anticipation as a powerful problem solving tool

 

Tracy's perpetual outsmarting of strange and nefarious perpetrators was attributed to his hyper awareness of his surroundings. Mumbles frequently complained 'it's like that guy's got four eyes'! Nothing escaped his notice. When Tracy wanted you, you were caught. His acute ability to anticipate his opponent's next move always led to the criminal's capture and gave no criminal safe quarter.

 

Stay one step ahead, like Dick Tracy, and your customer's problems won't become yours.

 

INSTINCT 

Be Like Scooby and impulsively 'take a bite out of crime'

 

While Scooby and Shaggy were always considered the dimwitted heroes that carelessly solved capers, actually it was their inborn tenacity and their impulse for satisfaction that solved the crimes that befell the Mystery Inc. team. Scooby did anything for food. Knowing that capturing a bad guy would lead to a Scooby snack was always his sole motivation, and the basis for his fundamental need to succeed. Don't doubt that Velma & Daphne were the brains, and that Fred lent his muscle to support the team, but Scooby and Shaggy were their fuel for motivation. 

 

Be tenacious like Scooby and let your reward be fewer bad debts and marginalized losses.

 

Printing Industry Credit Bureau can help you hone and perfect your sleuthing skills.

www.picb-us.com

847/265-0400

 

 

DEWEY CHI'TING
LARSON  NY
FEBRUARY CARTOON 
 
ORIGINAL ARTWORK BY MARC.ART, INC.
mob5948@aol.com 
 
ASK AN ATTORNEY
 
Q:  How best can we protect ourselves from frivolous damage claims and how can we limit damage should there be any litigation? 
 

A: A creditor can potentially limit damages against it if its credit application, or contract, has precise language that (1) limits damages; (2) calls for any lawsuit to be held in the creditor's back yard; (3) creates a burden on the debtor to fax complaints or problems to a specific fax number designated by the creditor (For example, the credit application states that the debtor has 30 days, from the date of each invoice, to fax a complaint to the creditor or the debtor waives its right to dispute the receipt or quality of whatever was purchased) or (4) make an offer under Chapter 42 of the Texas Civil Practices and Remedies Code- if the debtor files a counterclaim, the client can offer to resolve the debtor's claims for $10.00. If the debtor recovers less than 80% of the offer at trial, the creditor can recover any attorney's fees paid to defend the debtor's claim.   

 

Andrew Totz

Totz, Ellison, & Totz

Houston, TX

  

A: Of course, the best way to deal with any situation such as this is to provide preventative and anticipatory measures. Client's contract should have provisions dealing with any damage claims that can be raised by their customer. The damage claim provision should deal with the amount of time the customer has to provide notice of any damage claims, and how and where the notice must be sent. If the customer does not comply with those provisions, then any claim would be waived. 

 

Client's damage provision should also indicate what type of damage claims will be covered by their contract. If a limitation is not put in the contract, then the type of damages that can be claimed  by the customer are almost limitless. Of course, the customer always has the burden of proof, but when litigation is commenced, it is best to limit the issues as much as possible, which also limits the costs and allows the matter to move much more quickly to resolution or judgment. 

 

William A. Rinehart

Rinehart, Scaffidi, & Mathews

Milwaukee, WI

 

A: 1. Attorneys are known for having big egos...what could be worse than a judge chewing out the attorney in open court for filing a frivolous damage claim. On top of that, many, many courts have ordered penalties such as attorney fees and costs against those who file frivolous claims (claims that have no legal merit, that can't be won). 

2. Several courts, notably the US Tax Court, assesses penalties up to $25,000 for frivolous claims...likewise with agencies such as the IRS.

3. The court rules of all jurisdictions, state and federal, allow for costs/fees for litigants who raise frivolous claims or defenses, which waste the court's time.

4. Be proactive...look at your forms and documents: have your credit application, delivery receipt ("received in good condition") or other agreements with customers state that all claims must be submitted with full documentation within (--) days, or they are waived (limits frivolous claims raised for the first time when a debtor is sued).

5. Damages may be "limited to repair or replacement"....ie a limited warranty, or better yet, if you can get away with it, items are sold as is, no express or implied warranty (if a transaction involves the sale or leasing of a product).

6. Pin the debtor down, no general, frivolous stalling tactics allowed.


 

Steven A. Harms
Muller, Muller, Richmond, Harms, & Myers
Birmingham MI

  

CHEERS JEERS & NIGHTMARES 

 

CHEERS: In 1976, when I was 19, I needed to find job, and quickly. My mother had just passed away and I needed to become self-sufficient. I went in search of finding a steady pay check but fortunately found my career instead. 36 years later I still love what I do and I find immense pleasure from my chosen profession.

 

Recently a client asked me "what's so much fun about being a bill collector, I think it sounds miserably hard and boring"?

 

I took a moment before answering: "It's all a matter of perspective, some would consider printing to be a snooze fest, yet we both know how ink infects some of us. Once bitten there's no escape, and we can't think of doing anything but printing because it's who we are. We are the original social media."

 

The more I thought about his question the more it dawned on me, I like knowing that I helped someone save their business or recover what they thought was lost. What I do makes a difference and it gives me a sense of fulfillment. Helping to find solutions can be satisfying, but happiness? I had to think a bit more before answering.

 

HAPPINESS, that rare, giddy, knee slapping, laugh out loud feeling is when my work results in capturing the conman who intentionally tried, unsuccessfully, to get something for nothing.

 

PICB's recent launch of it's unique KreditKarma program has been a long time desire of mine and with the birth of the internet it became a reality. The intent was to provide business people a tool to help identify problems before sustaining damage. IT WORKS! KreditKarma has recently yielded results that gave me a great belly chuckle moment!

 

A person contacted PICB wanting to help another member who lost a substantial amount of money to a deadbeat customer. He explained that he had recognized one of the judgment debtors listed on KreditKarma as someone who recently tried to victimize his business and he wanted to know if his Information could help get the printer paid. His information ended up leading to success.

 

The judgment debtor contacted PICB upon realizing his company's bank account had been frozen. He stated how shocked and dismayed he was to discover his company failed to pay its' bill. He claimed he really had no idea despite numerous phone calls, written demands for payment, hiring an attorney to try and defend against the printer's rights, and having been served several summons. He wanted us to believe it was all an honest mistake. He assured us that as SOON as we released the bank garnishment he'd  make acceptable payment arrangements. He actually believed he could still con Everyone!

 

 WE GOT HIS MONEY AND WE WE WERE NOT GIVING IT BACK!

 

Now that's fun! It's like dancing a happy dance and not caring how silly you look, or like you felt as a kid at Xmas opening that one special gift you really wanted.  

 

PS: I explained to my printer friend I am proud to be a credit and collection geek and I plan to continue having TONS OF FUN!

 

 

JEERS: Some would consider this story to be a tale of cheer. While its' ending is just that, the jeer is warranted by the example made by the big box bully who intentionally sought to take unfair advantage of a small commercial printer.

 

Several years ago, a fortune 500 company sought the services of a local printer to mass produce a specialized product. Satisfactory pricing had been agreed upon. The printer knew the margins were low but acceptable. Naturally to accommodate such a large order the printer knew he would need additional employees to accommodate the customer's deadlines. He also realized he would have to increase the raw materials on premises so that inventory levels were constantly maintained. It would have a temporary impact on his cash flow, but he knew this was a good opportunity.

 

The printer agreed to customer's terms and conditions and signed the contracts required, including a document titled 'Vender's code of ethics'. The printer asked his customer for one concession, He explained that the raw materials were exclusively for their use and it accounted for nearly 60% of the job cost, therefore, he needed a 30 days warning prior to the conclusion of the project.  The customer agreed.

 

The project began, and orders started rolling in from all over the world. The presses were all at full capacity and all schedules were being met. The customer was happy with the quality as stated in several email communications. Everyone was happy because this project was rapidly becoming profitable.  Multiple orders came daily for months, then all of a sudden it all stopped!

 

The printer was concerned and after a few weeks he tried to contact the project manager, but was informed that he had left the company. The customer sent the printer on what we now know was an exercise in futility. Like a wild goose chase, the printer was passed between divisions, each manager knowing less than the previous one. No one was willing to accept responsibility or liability for more than $100,000.00 in raw materials and printed goods, and the printer could not afford to take the excess as a loss.

 

The big box bully just kept passing the buck till the printer asked PICB for help. After trying to negotiate with the customer, who believed they were simply TOO big to be bothered, the printer agreed to sue for his money. The bully fought and LOST. The case went thru several unfair attempts to dismiss the printer's action, but we prevailed. The bully literally lied to the courts and after delay upon delay they finally agreed to pay the printer's bills!  

 

HEY BULLY...GOTCHA!

 

PS: Remember the bigger they are the harder they fall. 

 

 

NIGHTMARES: The following is proof positive that an ounce of prevention is a lot better than a pound of cure! Remember in our country anyone can sue for anything, it all comes down to a matter of proof.

 

A person bought a large mobile home and once out on the road decided to engage its cruise control. He verified that the speed was within the stated limits and promptly exited his seat to go get a cup of coffee from the back. Naturally without a driver the vehicle crashed.

 

The driver survived and sued the manufacturer for his vehicle's damages and damages to his person. The argument provided to the courts was simply based upon product liability: The manufacturer failed to specifically state in the owner's manual that you should not leave the driver's seat while the mobile home was not properly parked.

 

While the case was presented as product liability, I can't help but wonder if it should have become an insanity hearing? Believe it or not, the courts ruled in the driver's favor awarding him over a million dollars for his pain and suffering. The case is under appeal and I hope someone points out that the driver is a blithering idiot who should have been jailed for wielding a dangerous weapon...his brain!

 

In another fine example of stupid human tricks, a woman trying to avoid paying a cover charge at a local bar had the fine idea to try and break into the club by climbing up through the bathroom window. She got caught. Not caught by an employee, but by her blouse snagging on a piece of glass. Hanging there for a while she finally conceded this wasn't such a good idea and she needed help (maybe mental help would have been better) so she called out to get anyone's attention.

 

The bar manager came to her aid and successfully got her down from the window, but fell in the process. The dangling damsel lost two front teeth and sued for damages. The court awarded her more than $100,000.00

 

Maybe some of her ill gotten booty can be used for psychiatric help!

In This Issue
CREDIT TIPS
DEWEY CHI'TING
ASK AN ATTORNEY
CHEERS, JEERS, AND NIGHTMARES
KREDIT KARMA
Quick Links  
PRINTING INDUSTRY CREDIT BUREAU CONTACT INFO: 

ANDREA SCHLACK
PRESIDENT
andreas@picb-us.com

 

DENNIS ADAMS
VICE-PRESIDENT
COLLECTIONS MANAGER
dennisa@picb-us.com

 

RICK CRUZ
CHIEF RESEARCH 
OFFICER
rickc@picb-us.com

JANET DIENES
GENERAL MANAGER
janetd@picb-us.com

 

ROBBIE BURCH

DIRECTOR OF SALES AND SERVICE

robbieb@picb-us.com

 

 

KREDITKARMA

DON'T GET BITTEN TWICE

 ******************

UNCOLLECTED

JUDGMENTS FEBRUARY 2012

FOR A COMPLETE LIST

GO TO 

www.picb-us.com

      

 

KENMAR STATIONARY

 

 NY

  

TUMBLEWEED POTTERY

 

 

NC

  

PREMIER PRINTING

 

 IL

  

PINATA GRAPHICS

 

 IL

  

KARRY MATHESON INDIVIDUALLY AND D/B/A MATHESON CUSTOM PRINT

UT

  

LESTER BAFIA INDIVIDUALLY AND D MEGA FORCE PRODUCTIONS, INC

IL

  

RON CARTER INDIVIDUALLY AND D/B/A SOUTH STREET JOURNAL

IL

  

LISA DOTE INDIVIDUALLY AND D/B/A G GRAPHICS AND D/B/A PRINT THIS

IL

  

EL SOL NEWSPAPER

 

IL

 

NOVA CINETECH

 

 IL

 

BERG PRINTING ENTERPRISES, LLC D/B/A MASTERPRINT

WI

      

             

FRANK FINOCCHIARO INDIVIDUALLY & T/A LBT SYSTEMS & LBT SYSTEMS INC.

NJ

 

SEARCH 1 AMERICA F/K/A LUX PREMIER, LUX PUBLICATIONS LLC D/B/A LUX PREMIER

IN

 

SHE SKIN LLC

 

IL

 

HOME VIDEO STUDIO INC

IN

 

PRINT PARTNERS LTD

IL

 

DALE JASLOVE IND  d/b/a HEALTHCARE CONSTRUCTION

MI

 

HI INDIA, INC.,

IL

 

SANDESH PUBLICATIONS, INC. & HEMANT BRAHMBHATT AS GUARANTOR

IL

 

DESI TALK, INC. & HEMANT BRAHMBHATT INDIVIUALLY

IL

 

SANDESH 

PUBLICATIONS, INC.

IL

 

SY LENG A/K/A LENG SY D/B/A ECO SYSTEMS AQUARIUM

CA

 

VILLAGE FARM STAND, INC, D/B/A VILLAGE MARKET OF CALUMENT CITY

IL

 

ZOOM GRAPHICS, INC.

IL

 

THREE ANGELS PRINTING SERVICES, INC

IL

 

MY MOTHERS INVENTION

TX

 

CMY&K ADVERTISING

NY

 

CMY&K PUBLISHING

NY


 

RUMORS ON GRAND INC, A DISSOLVED CORP & KATHLEEN M VOGT AKA KATHLEEN TEWS

IL

 

VINCENT ALEXANDRIA, PARTNER OF WE MUST XL

MO

 

NEW YORK FURNITURE GALLERY, INC.

NY

 

NATALIE HAREWOOD, GUARANTOR FABULUSH D/B/A JOLIE MAGAZINE

NY

 

ASSOCIATED AIR PRODUCTS

FL

 

ANDREW EPERI, INDIVIDUALLY AND D/B/A AFRIQUE

IL

 
 
 
 

 

 

 

 

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DUE DILIGENCE REPORT AND YOUR COMPANY NAME AND LOGO WILL BE PLACED HERE
 
 
THIS MONTHS QUESTION CAME FROM CHRIS ECKHART PRESIDENT OF ECKHART AND COMPANY, INC. 
 
www.eckhartandco.com
 
 
 
 
 
Eckhart 
(319) 393-1781