The Most Profitable Industries in the U.S.
Leasing Comes in Number #11

 

 

[headlines]
--------------------------------------------------------------

Position Wanted---Senior Management
  Seeking New Opportunities

Each Week Leasing News is pleased, as a service to its readership, to offer completely free ads placed by candidates for jobs in the industry. These ads also can be accessed directly on the website at:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

Each ad is limited to (100) words and ads repeat for up to 6 months unless the candidate tells us to stop. Your submissions should be received here by the end of each week.

Please encourage friends and colleagues to take advantage of this service, including recent graduates and others interested in leasing and related careers.

Senior-level leasing executive accomplished in sales, finance, operations and marketing. Seeking new opportunity to capitalize on my strategic, ideation, communication and analytical strengths to identify opportunities, formulate solutions and articulate strategies that inspire cross-functional teams to enhance corporate performance and shareholder value. Adept negotiator of multi-million dollar lease program agreements and contracts. Driver of increased sales productivity, incremental revenue, operating expense reductions and customer acquisition/retention. reg.lindholm@gmail.com

 

 

[headlines]
--------------------------------------------------------------

Top Stories  August 31 - September 4
(Opened Most by Readers)

 

 

(1) Wells Fargo Bank Suit Against Broker Prevails
         by Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Aug2015/8_31.htm#wf

(2) No Longer taking Broker/Discounting Business
       plus Leasing Companies Out of Business
http://leasingnews.org/archives/Sep2015/9_02.htm#no

(3) Pictures from the Past
       Brian Bjella  1995 – 2004 - Today
http://leasingnews.org/archives/Sep2015/9_02.htm#pictures

(4) Archives: August 31, 2000---Manifest Sold to US Bancorp
   Rumored for over a month, and confirmed
http://leasingnews.org/archives/Aug2015/8_31.htm#archives

(5) New Hires---Promotions in the Leasing Business
         and Related Industries
http://leasingnews.org/archives/Sep2015/9_04.htm#hires

(6) California’s SB 197 Finally Will Allow Lenders
        to Pay Some Unlicensed Brokers
By Tom McCurnin, Leasing News Legal Editor
http://leasingnews.org/archives/Sep2015/9_02.htm#sb

(7) California SB 197 --- Do Pass as Amended
        From Committee (Ayes 10, Noes 0)
http://leasingnews.org/archives/Aug2015/8_31.htm#sb

(8) Elon Musk reveals Tesla’s mass-market electric car
         will cost just $35,000
http://nypost.com/2015/09/03/elon-musk-reveals-tesla-model-3-electric-car-will-cost-just-3

(9) TimePayment Joins
   Funders Looking for New Broker Business List
http://leasingnews.org/archives/Sep2015/9_04.htm#time

(10) The List---August, 2015
-- Mergers, Acquisitions & Changes
"The Good, the Bad and the Ugly"--
http://leasingnews.org/archives/Sep2015/9_02.htm#list

 

[headlines]
--------------------------------------------------------------

Companies Who Notify Lessee in Advance of Lease Expiration
No Extra Payments/They Notify Lessee before Termination

These companies do not use language to confuse, perhaps to deceive, with the result an automatic continuation for an additional twelve months of payments. They do not invoke the twelve months on a $1.00 purchase option or an Equipment Finance Agreement.

In its editorial of June 30, 2011, Leasing News recommends that the equipment lessor send a certified letter with return receipt; however, at this time, the acceptance of the word of the president of the company will be accepted until proven otherwise.

http://leasingnews.org/archives/Jun2011/6_30.htm#editorial

 

Advantage Funding Agility Ventures LLC Allegiant Partners American Leasefund, Inc. BancLease Acceptance Corporation  Bank of Ozarks Leasing  Bankers Capital Bank of the West, Indirect Equipment Finance  Black Rock Capital BSB Leasing Calfund Capital Technology & Leasing, LLC Cobra Capital, LLC Dakota Financial, LLC Direct Capital eLease Financial Pacific Leasing Forum Financial Services, Inc. Gonor Funding GreatAmerica Financial Innovative Lease Services, Inc.

Lease-$mart Madison Capital Macrolease Corporation  Manufacturer's Lease Plans, Inc Mesa Leasing Maxim Commercial Capital (Microfinancial)/TimePayment  Mount Pleasant Capital National Machine Tool Financial Corporation Navitas Lease Corp.  Northwest Leasing Company P&L Capital Corporation  Pacifica Capital  Padco Financial Services Park Western Leasing Pawnee Leasing Corporation Southern California Leasing, Inc Specialty Funding, Albuquerque, New Mexico Standard Professional Services, LLC Stoddard & Associates  TEAM Funding Solutions

 

[headlines]
--------------------------------------------------------------

“What Can I Deduct for My Job Search?”
Career Crossroad---By Emily Fitzpatrick/RII

 

Here are some key tax facts from the IRS you should know about if you search for a new job:

• Same Occupation.  Your expenses must be for a job search in your current line of work. You can’t deduct expenses for a job search in a new occupation.
• Résumé Costs.  You can deduct the cost of preparing and mailing your résumé.
• Travel Expenses.  If you travel to look for a new job, you may be able to deduct the cost of the trip. To deduct the cost of the travel to and from the area, the trip must be mainly to look for a new job. You may still be able to deduct some costs if looking for a job is not the main purpose of the trip.
• Placement Agency. You can deduct some job placement agency fees you pay to look for a job.
• First Job.  You can’t deduct job search expenses if you’re looking for a job for the first time.
• Substantial Job Break.  You can’t deduct job search expenses if there was a long break between the end of your last job and the time you began looking for a new one.
• Reimbursed Costs.  Reimbursed expenses are not deductible.
• Schedule A.  You usually deduct your job search expenses on Schedule A, Itemized Deductions. You’ll claim them as a miscellaneous deduction. You can deduct the total miscellaneous deductions that are more than two percent of your adjusted gross income.
• Premium Tax Credit.  If you receive advance payments of the premium tax credit it is important that you report changes in circumstances, such as changes in your income or eligibility for other coverage, to your Health Insurance Marketplace. Other changes that you should report include changes in your family size or address.  Advance payments of the premium tax credit provide financial assistance to help you pay for the insurance you buy through the Health Insurance Marketplace. Reporting changes will help you get the proper type and amount of financial assistance so you can avoid getting too much or too little in advance.

For more on job hunting refer to Publication 529, Miscellaneous Deductions. You can get IRS tax forms and publications on IRS.gov/forms at any time.

 

Emily Fitzpatrick
Sr. Recruiter
Recruiters International, Inc.
Phone:  954-885-9241
Cell:  954-612-0567
emily@riirecruit.com
Invite me to Connect on LinkedIn
www.linkedin.com/pub/emily-fitzpatrick/4/671/76
Also follow us on Twitter #RIIINFO

Career Crossroads Previous Columns
http://www.leasingnews.org/Conscious-Top%20Stories/crossroad.html

Leasing Industry Help Wanted

 

Press Release

WE'RE HIRING at Our Minneapolis Headquarters Credit Manager This position will be responsible for underwriting small ticket working capital applications up to $250,000 in a fast paced and high volume environment. The candidate will make independent decisions on commercial credit applications through evaluation of business and personal credit reports, financial statements and other credit information. More Collections Representative This position will function as the primary contact for customer concerns regarding loan collection issues. The candidate will act as a liaison between the customer, Channel Partners Capital and 3rd Party Collection Agencies. More Please email cover letter and resume to: careers@channelpartnersllc.com

 

Join Our Incredible Sales Team The right candidate will have 5+ years of sales experience in the equipment finance industry, current relationships and opportunities, and experience originating, building, and managing vendor programs. For more information, and to find out if Quail is a good fit for you, click here. www.quailfinancialsolutions.com

For information on placing a help wanted ad, please click here:
http://www.leasingnews.org/Classified/Hwanted/Hwanted-post.htm

Please see our Job Wanted section for possible new employees.

[headlines]
--------------------------------------------------------------

Not Too Late to Sign Up for NAELB Conference this Weekend
September 11-12, Atlanta Marriott Marquis

Registration Fees:
Broker Member: $125.00
Additional Broker Member: $115.00
Associate Member: $260.00
Additional Associate Member: $200.00
Funder Member: $260.00
Additional Funder Member: $200.00

Broker Non-Member: $200.00
Associate Non-Member: $360.00
Funder Non-Member: $360.00

In addition, non-members who attend will get 50%
of Conference Registration Fee towards the cost of dues
if they join NAELB with 30 days of the conference.

HOTEL INFORMATION
Atlanta Marriott Marquis
265 Peachtree Center Avenue 
Atlanta, GA 30303
404-521-0000
http://www.marriott.com/hotels/travel/atlmq-atlanta-marriott-marquis/

To reserve your room, visit https://resweb.passkey.com/Resweb.do?
mode=welcome_ei_new&eventID=13781810

The 2015 Eastern Regional Meeting of the National Association of Equipment Leasing Brokers will feature the following exhibitors:

360 Equipment Finance
Amerisource Funding
Bankers Capital
Blue Bridge Financial LLC
Bryn Mawr Funding
Channel Partners Capital
CLFP Foundation
Equipment Data Associates (EDA)
Financial Pacific Leasing, Inc.
First Federal Leasing
Fora Financial
Huntington Technology Finance
InstaCOVER
Marlin Business Services Corp.
Maxim Commercial Capital
NCMIC Finance Corporation
North Mill Equipment Financing LLC
Pacific Western Equipment Finance
Pawnee Leasing Corporation
Preferred Business Solutions
Quality Leasing Co., Inc.
RapidAdvance
RLC Funding
TEAM Funding Solutions
TradeRiver USA
VFI Corporate Finance
World Business Lenders

Registration/Agenda/Showcase/Exhibits
http://www.naelb.org/NAELB/Events/Upcoming%20Meetings/
2015_Eastern_Regional_Meeting/NAELB/Events/2015_Eastern_Regiona
l_Meeting.aspx?hkey=41599b0f-7005-4ad4-b91b-9d9cdd22c225

 

Say Hello to Dwight Galloway who will be giving a report on
the conference for Leasing News.

Dwight Galloway
SVP Broker Funding
RLC Funding
Columbia, South Carolina

 

[headlines]
--------------------------------------------------------------

Change in Law Regarding Not Being Licensed
Affects All California Subsidiaries of Banks and Brokers

First, don't get confused, as this new change in the law does not affect commercial transactions, only consumer transactions. It basically states "Certain consumer lenders and brokers not exempt from licensure."

Previously, a subsidiary of bank holding company or bank, savings and loan, broker, credit union, was not required to be a California Licensed Lender. This new law changes that.  PRO 03-13 appears to become effective in 2016. Again, this does not apply to commercial transactions.

Pro 03-13-15 Proposed Law
http://www.leasingnews.org/PDF/PRO03-13ProposedLaw.pdf

Pro 03-13 15 Day Text
http://www.leasingnews.org/PDF/PRO03-13Second15DayText.pdf

 

(Terry retired January 1, 2015.  To honor him and his many years of writing for readers of Leasing News, is repeating several of his columns that are still meaningful today. Here is August 22, 2011.)

Servicing Issues with Smaller Banks

I am involved as an expert witness in a case where leases were sold to a local bank and the leasing company retained the servicing. One of the reasons this happens is the bank does not have lease accounting software and expects the leasing company to provide billing and accounting support.

One of the reasons I present this subject is the lack of knowledge both the leasing company and the bank have of their responsibilities. To begin with: it is wise to have a lock box set up so the bank has control of the funds. This is a request of the bank regulators today and will fast become a requirement because of some nasty losses have been due to inconsistencies and in some cases outright fraud.

On occasion, the banks are unaware that if they purchased the leases they must have sales tax permits in each state. In addition, they must complete an income tax form in each state and are subject to unpaid property tax claims. If the bank is a National Bank, they are licensed to do business in any state. However, if they are a State Bank, then they must register to do business in each State that has a lease and pay the franchise fees. The leasing company can collect and pay the sales tax in their name, but they still must have the permits in the bank’s name.

On occasion the lessee is not aware the lease has been assigned, so it is called a non-notification lease. The bank reserves the right to step in and replace the lessor’s servicing if problems arise. This non-notification document needs to be drafted by legal counsel because it must state all of the circumstances that would occur that allow them to step in. The bank regulators are looking for these documents today. If there is no non-notification document, then an assignment notification legally needs to be sent to the lessee.

The bank regulators are beginning to require that the bank audit the leasing companies’ servicing to match up the leases as to amounts and receivables. Problems occur when the lease payments are in advance and the bank payments are in arrears. Leases can be delinquent for thirty days before the bank becomes aware of it.

Bank auditors can also ask for reviews of residuals over a chertain amount by requiring an inspection and an equipment review. This is to verify that the residuals are still valid and the lessee is living up to the maintenance requirements of the lease (if any).

If the bank just makes a commercial loan and accepts the lease as collateral, then many requirements go away. However the bank will require an assignment of a properly filed UCC-1 or it may file its own UCC-1 on all of the lessee’s assets.

Even though the proposed accounting changes will make all leases look like capital leases, the accounting still remains different than booking a loan.

Banks that try to account for leases that they own on lending software will be a target of the regulators in the near future because of the multitude of problems brought on by a software system based on customer location and not asset location. It is hard to handle sales tax, property tax, and asset location without a proper lease bookkeeping system.

If you plan to bring a new bank into leasing by offering your leases for sale you best prepare a presentation of how to become a funder of leases and explain all of the requirements and who is going to be responsible for what so you can have a healthy relationship.

Previous #102 Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/Leasing_102/Index.htm

 

(Leasing News provides this ad as a trade for appraisals and equipment valuations provided by Ed Castagna)

[headlines]
--------------------------------------------------------------

Learn How to Read Financial Statements
- Podcast - by Steve Chriest

 

[headlines]
--------------------------------------------------------------

CLFP Academy for Lease and Finance Professionals
November 5-7 (last one this year)

The Academy for Lease & Finance Professionals (ALFP) is a new product offered by the CLFP Foundation. This three day event is designed to fully prepare an individual to sit for the CLFP exam assuming that the candidate has read The Certified Lease & Finance Professionals' Handbook prior to attending. All of the mandatory sections of the exam, as well as three of the elective sections, are covered in-depth during the first two days. On the third day, the exam is offered, but is not mandatory.

Midwest (Iowa) - November 5-7  
(This is almost filled up- Reserve now!)
Hosted by GreatAmerica Financial Services; more information here

Next classes will be in 2016

To register for any ALFP, please contact: Reid Raykovich, CLFP: reid@clfpfoundation.org or (206) 535-6281

The fourth edition has new chapters on Agriculture and Insurance with expanded sections on Lease Pricing and Asset Management - Collections. The History, Classification and Tax and Accounting chapters have also been updated to reflect the pending changes in the FASB and IASB Exposure Draft. Whether you’re a college student, entry level leasing associate, or an old pro, this book is an invaluable resource.
(To learn more about the CLP Handbook)
http://www.clpfoundation.org/toolbox/clp_handbook.php

 

 

[headlines]
--------------------------------------------------------------

Global Financial Training Program
Over 35 Years of Experience Financing Businesses

Program Cost: $19,950.00

Phil Dushey
President & CEO

In 2001, Global Leasing founder Phil Dushey created a new company to train independent entrepreneurs who want to enter the lucrative field of business financing. Global Financial Training Program teaches all aspects of finance including Equipment Leasing, Accounts Receivable Financing, Cash Advance, Commercial Real Estate, SBA Loans and much more. Phil’s students have found great success with his program.

Mr. Dushey is a founding member of the National Association of Equipment Leasing Brokers. He has been a member and speaker at many leasing organizations for several years. He is also a founding member of the leasing news advisory board.

Global Financial Training Program provides students with everything they need to start making money immediately after four days of training. As a full-service finance company you will provide a valuable service for business owners that have difficulty getting financing from their local banks. The banks are turning down over 90% of business loan applications and you can approve at least 50% of the turndowns. After the training at their offices in New York City trainees are instantly approved with over 25 lenders, get a custom designed website, stationery package, 1000 leads and enough marketing to have their phones ringing the first week after the training and much more... It's easier than you think to fulfill your dreams of independence, living the life you deserve and enjoying the prestige of owning your own company.

You don't need prior experience. All you need is the desire to be your own boss, the ability to learn, good people skills, and a passion to succeed and make a lot of money.

How much, is up to you...

Philip Dushey
President & CEO
Global Financial Services
1 State Street, 21st Floor
New York NY 10004
Email phil@gbtsinc.com
www.globalfinancialtrainingprogram.com 
Phone: 212-480-4900

The Global Group of independently owned companies are:

Global Financial Services | www.globaleasing.com
We have been actively providing financial services for 35 years

Global Church Financing | www.globalchurchfinancing.com
One of the largest independent companies financing equipment for churches nationwide

Global Financial Training Program | www.globalfinancialtrainingprogram.com
The oldest and most comprehensive training program for people who want to own their own finance company

Mr. Dushay is also on the Leasing News Advisory Board 
http://www.leasingnews.org/Advisory%20Board/Dushay_Phil.htm

Moving America Forward is a business television show hosted by William Shatner, anchored by Doug Llewellyn. On this episode we talk to Phil Dushey about his business opportunity and Global.

 

----------------------------------------------------------------

NAELB Leasing School

Program Cost:
Standard Class: $18,950
Premium Package: $28,450

  

(Faculty and Staff include Charles “Bud” Callahan, CLFP, BPB, School Director, with Linda Kester, Marketing Director, Gary Greene, CLFP, BPB, Executive Director and Joseph G. Bonanno, Esq., CLFP, attorney)
http://www.naelbschool.com/bio/

NAELB Leasing School teaches entrepreneurs how to own, operate
and succeed in their own equipment leasing and finance brokerage business.

The National Association of Equipment Leasing Brokers is the only major leasing association to offer an equipment leasing program to become a leasing broker.

The National Association of Equipment Leasing Brokers offers the most comprehensive specialty financial educational symposium in the industry, providing:

• A week long intensive hands-on learning experience with after-hours discussions of real-world leasing situations and valuable course materials including handbooks, industry software and more
• Real-world training by experts in the field (our instructors have been active in the industry for at least 25years each)
• Training week concludes with FREE admission to the following NAELB Conference, offering the perfect opportunity to expand your networking with lenders, industry service providers and fellow brokers who are eager to provide support as you develop your business
• One full year of mentoring from experienced NAELB brokers who help you navigate the pitfalls and point you toward business solutions
• One full year of membership in the NAELB, the nation’s largest leasing broker association formed by brokers for brokers, and use of all member benefit programs
• Graduates are able to deal directly with multiple quality funding sources -­‐ no obligation to split fees with the school or school mentors 
  
  Although many other schools spend less than 1 day discussing the ins and outs of leasing, we spend approximately 40 hours focused on commercial equipment leasing in its modern variations.  We don't take any of our students' time discussing commercial mortgages, LBO's, SBA loans or any of the dozens of other financial products taught at other training programs.

The standard class price is $18,950. Hotel, airfare allowance, meals, NAELB membership, COURSE MATERIALS, INDUSTRY TOOL KITS, and mentorship, are all included at this price.  A premium package, priced at $28,450, includes 5 options selected by the student from a menu of available upgrades.  We offer a $2,000 discount for 'early bird' registration (60+ days in advance of the selected class).  Interested students should call 855-411-ELBS to inquire about other discounts which may be available.

For more information, please visit www.NAELBSchool.com or call 855‐411‐Equipment Leasing Broker School (3527)

---------------------------------------------------------------

Wheeler Leasing School

Program Cost: $18,500

Overview

Wheeler Business Consulting L.L.C. provides training and continuous support to individuals seeking to enter the leasing/financing industry. The leasing/financing industry provides much needed funds to businesses looking to acquire essential equipment. Entrepreneurs nationwide are originating equipment financing and leasing transactions assisting small, medium and large companies. It is estimated that 80% of all businesses have leased equipment and that nearly one-third of all equipment purchased by corporations is funded by independent finance and leasing agreements.

There are tremendous opportunities to enter the leasing/financing industry. There are few barriers to entry. Individuals who are properly trained, who are networked with local, regional and national funding sources can arrange transactions for their corporate clients in the range of a few thousand dollars to multi-million dollars.

As with most businesses, the establishment of a lease brokering operation is a long term proposition. However, with the proper training, support and encouragement, an individual can start making above average incomes relatively quickly. Within two to five years an individual should expect to generate an income which is well in the six figure range.

With quality training, individuals will be able to offer consistent, high spirited customer service to their commercial clients. Successful lease brokers can build a business from a small home based operation to a full service office in a relatively short period of time.

My goal is to share my thirty plus years of industry experience with others who are serious about learning and succeeding in the leasing/financing industry.

Contact Information: 
Wheeler Business Consulting LLC 1314 Marquis Ct.
Fallston, Maryland 21047

Phone: 410-877-0428
Fax: 410-877-8161
email: scott@wheelerbusinessconsulting.com

Website: www.wheelerbusinessconsulting.com

[headlines]
--------------------------------------------------------------

Advice on Testifying at a Deposition
by Kenneth Charles Greene, Esq.

A deposition is an out-of-court proceeding in which a party or witness provides testimony. Attendance is usually compelled pursuant to a notice of deposition and/or subpoena, although the time, location and other protocols are sometimes established by agreement of the attorneys.

If you are served with a deposition notice or subpoena, but you are unable to attend at the designated time, you can usually reschedule by contacting the attorney who served notice. You have the right to counsel at a deposition and it is generally advisable that you have legal representation.  You can be compelled to testify on most non-privileged matters, though you do have the right to “take the fifth" if a response to a deposition question may incriminate you criminally.

Often conducted in an attorney's office, a deposition requires that all questions be answered under oath and be recorded by a court reporter, who creates a deposition transcript.

Many of us become nervous or intimidated when subjected to a deposition. Here are a few pointers and basic suggestions to ease the process and hopefully minimize that anxiety.

1. Unless the deposition notice commands you to bring documents, do not bring any, not even preparatory notes. Opposing counsel will undoubtedly ask to see any documents you review during the course of a deposition.
   
   Many depositions begin with a few preliminary statements, questions, and admonitions by the deposing attorney. One common statement is “I am not trying to trick you”. Don’t be fooled. With all due respect to my colleagues, many attorneys will in fact mislead you in order to obtain testimony favorable to their case. 
   
2. Another topic often addressed at the outset of a deposition is health. The deposing attorney should want (and is entitled) to know, if the witness is not feeling well, or taking any medications which might impair the ability to testify competently. If you are not asked these questions, but you feel that illness and/or medication, or anything else, could have an impact on the integrity of your testimony, make sure it is noted on the record.
3. I have had clients who do not wish to disclose the medications they are taking for privacy reasons. If my client agrees that the medications will not impact the ability to testify, I usually respond to these questions by stipulating that (1) the witness is taking medication; (2) neither the medications, nor the medical reason for taking them, impair my client’s ability to testify; and (3) for reasons of privacy, we will not identify the medications or the underlying condition. So far, no attorney has taken me to task when I have responded in this manner. No doubt, some day, someone will.
4. You are entitled to reasonable breaks during the course of a deposition, whether for health reasons or otherwise. Depositions can last an entire day, or longer. I have noted during countless depositions that witnesses begin to wear down in mid-afternoon. One way to avoid this is to make sure you get enough sleep the preceding night, and eat a healthy lunch. Nonetheless, you will tire by 4 p.m. or so. Don't try to compete with opposing counsel by showing you have more stamina or "can take it."  Take a break instead. Get some fresh air. Mostly, be very careful in the late hours of the day. Take your time, even if it means you might have to return another day. An inordinate percentage of the most damaging testimony I have ever heard has occurred between 4 and 5 p.m.
5. The deposition often begins with questions about your background. These seemingly irrelevant inquiries may range from the location of your high school to the name of your college fraternity. This type of question may be intended not to elicit useful information but to provide a “warm-up” period of sorts. The attorney may be testing you to learn how to best control or manipulate your testimony. These questions may also be used as a litmus test of your memory, or perhaps your personality.
6. Never guess.  If you don't know or don't remember, just say so.  If your answer is merely a guess, and you don’t qualify it as such, the transcript will reflect only that you answered, possibly incorrectly. Although it is sometimes acceptable to estimate, you should be clear when doing so. “I don’t know” and “I don’t recall” are perfectly acceptable responses when those answers reflect the truth.
7. Don't assume anything. If you don’t understand a question, ask that it to be repeated, or request help from your own attorney.
   
8. A trial lawyer taking your deposition is probably doing more than gathering information. He is also judging your demeanor and credibility as a potential trial witness. The attorney may play "good cop, bad cop," or repeat a question five or six times during the deposition. He may be testing you to see if your answers are consistent, or how your react to certain questions. Not all questions are asked merely to ascertain the answer.
9. One of the tricks some lawyers use is asking a question in the disjunctive so that there is little choice but to answer one way or the other, either of which is damning. A patently obvious example is “Did you begin hiding your assets before this lawsuit was filed, or afterwards?” Although that particular question would no doubt give you pause before answering, the same type of trap can catch the unwary deponent when laid in a more innocuous context.
10. Speaking of pauses, I always advise my clients to count to five before answering any question. This gives you time to think, and gives your attorney time to lodge an objection between the question and answer, which is technically how it should be done. For those of you who see that as prolonging a painful and costly process, perhaps you might count to three instead.
11. One bit of simple advice that is very easy to give, fairly easy to understand, but extremely difficult to follow, is to answer the question. Nothing more, nothing less. Most of us naturally want to facilitate the flow of information as we would do in normal conversation. Consequently, witnesses talk and reveal too much too often. It is the job of the attorney, not the witness, to create the record. The sole responsibility of the witness is to answer the question directly and truthfully. If you are asked whether you are employed, the answer is either “yes” or “no”. It is not “I am a quality control expert for NorVergence Corporation”. Definitely not!
12. There may be several attorneys at a deposition, each representing a different party. Each party has the right and opportunity to examine the witness, even if he or she did not serve a deposition notice. After direct examination by each party, the attorney for the witness may conduct an examination as well. This may be followed by another round of questions, called “re-direct examination”, and then perhaps “re-cross”. However, each subsequent round of questions is limited in scope to the matters issues raised in the examination immediately preceding it.
13. It is not uncommon for those being deposed to think that they can "win" their case or compel a settlement by in effect trying the case during the course of a deposition. Bad idea. Think of it as though you speak English and the attorneys speak French. In court, everyone “speaks French”. Whatever you have said, on the record, will be presented “in French” to the judge and/or jury. In other words, the rules and procedures of law are tantamount to a foreign language to which the judge and attorneys alone are privy. Although a native might find it amusing were you to order a meal in a foreign country in his or her tongue, a deposition is no picnic, and certainly not the time to practice your nascent linguistic or amateur legal skills. Don't try to speak the language of the natives at their deposition.  In fact, don't worry about the case at all; that is your attorney's job. Your job is to answer the questions, honestly and directly, short and sweet.
14. Deposition transcripts may be used for several purposes. If the witness is unavailable to appear at trial, the transcript may be introduced as evidence in lieu of live testimony. It has become commonplace to have depositions videotaped. Ostensibly, the purpose is to afford the judge or jury an opportunity to observe the demeanor of the witness if he or she is not present in the courtroom. In reality, I believe videotaping is used tactically to further intimidate the witness. It is difficult enough to be interrogated without the eye of a camera staring you down. A deposition may be videotaped simply because the attorney finds it effective as a bullying tool.
    
15. On the subject of bullies, there is a limit to the tactics an attorney may employ to disarm or otherwise harass a witness. The menacing interrogations demonstrated on the television show “24”, although very acceptable as entertainment, won’t fly outside the screen. A variety of safeguards, including objections, instructions not to answer, and protective orders are available to protect the unduly harassed witness. No one is expected to tolerate verbal abuse. Except the lawyers.
    
16. Most deposition notices state that the proceedings will end at 5 p.m. If it takes a few extra minutes to finish, it may be worth your while to stay after the designated finish time. Otherwise, when it is over, ask to be excused. If you need to be somewhere else at 5 p.m., or earlier, tell everyone up front. When you have to go, you should go. 
17. After the deposition, a transcript is provided by the stenographer. The witness may correct any errors within a designated time period, usually 30 days.  If a witness makes such changes, however, he or she can be questioned at trial as to the reasons for the changes. When the witness signs the transcript, or the applicable period of time passes, the document becomes “final” and admissible in accordance with the rules of evidence.
    
    Depositions are no fun for the witness. I have learned over the years that nothing I tell my client in advance will entirely eliminate his or her anxiety. What concerns me even more is that so much advice is neglected or forgotten once the questions begin. My advice to you, if you are facing the prospect of a deposition, is to make sure you and your attorney have a clear line of communication. A good lawyer will not only represent your interests, but he or she will protect you from needless stress and ensure that civil proceedings remain as such.

Law Offices of Kenneth Charles Greene
5743 Corsa Avenue Suite 208
Westlake Village, California 91362
Tel: 818.575.9095
Fax: 805.435.7464
Skype: 424.235.1658
ken@kengreenelaw.com kenlaw100@gmail.com

 

(Please click on ad to learn more)
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

Rottweiler
West Los Angeles, California Adopt-a-Dog

Kayla
ID#A1546142

"My name is Kayla and I am a spayed female, black and tan Rottweiler. The shelter thinks I am about 8 years old.I weigh approximately 66 pounds. I have been at the shelter since Sep 02, 2015."

For more information about this animal, call:
West Valley Animal Care and Control Center at (888) 452-7381

Ask for information about animal ID number A1546142

LA Animal Services
West Los Angeles
11361 West Pico Blvd.,
Los Angeles, CA 90064
(888-452-7381)

Shelter Hours
Monday & Holidays: Closed
Tuesday-Saturday: 8am-5pm
Sunday: 11am-5pm

Adopt a Pet
http://www.adoptapet.com/

[headlines]
--------------------------------------------------------------

Classified Ads

Collector/Collections/Consultant/Communications

Collector: Atlanta, GA Asset Recovery Specialist. We get your money or we get your > equipment back for you. Physical Asset Recovery Experts! E-mail: mcrouse911@joimail.com	Collector: Cleveland, OH  Huntley Capital & Associates is your solution to late payments, no payments, and asset recovery. Call 216-337-7075.  Email: ghpatey@msn.com
Collections: Dallas, Texas Contingency Fee basis. Receivables Outsourcing. We are a fully bonded nationwide licensed agency. We collect for nationally known banks and leasing companies.  800-886-8088.	Collector: Los Angeles, CA Expert skiptracers covering Southern California. We locate skips, judgment debtors and collateral. When you can't get the job done in house, give us a call at 1-800-778-0794. E-mail: ceo@interagencyLA.com
Collector: Louisville, KY We are a full service collection agency with attorney network. 21 years experience. Please call Jon Floyd, VP at 1-800-264-6850  email: jfloyd@collectcsg.com	Collector: Louisville, KY  Euler Hermes/UMA 92 year old Global Receivables Outsourcing. Presence in 143 Countries. Work w/ 4 out of 5 Fortune 500 firms. Contingency Fee Structure. 20% off first time clients.! Andrew.Newton@eulerhermes.com 1-800-237-9386 x 205.
	Collector: Milwaukee, WI  We specialize in ATM machine reposession and remarketing. We can get you top dollar for your inventory. E-mail: bdperry1@yahoo.com
Collector: Nationwide End of lease negotiations & enforcement. Third-party collections. Skip-tracing. Background checks. Credit & asset investigations. 15+ years in leasing industry. Providing services to clients nationwide. 800-824-0234 johnkenny2@verizon.net	Collector: Saint Louis, MO Complete commercial collection agency. Licensed bonded in all states and will out performed any other agency! Call 1-800-659-7199 ext.315 E-mail:  jfloyd@lindquistandtrudeau.com
Consultant: Nationwide 25 yrs. experience: Creating/Refining Business Plans to raise capital· Credit Underwriting support/policy/procedure development · Operations Support/policy/procedure development. Call: 610-246-2178, McCarthy Financial, LLC,David.mccarthy@mccarthy-financial.com	Consultant: Burlington, CT We provide our clients with a full range of consulting services such as portfolio conversions, reconciliation, custom programming and leasing operations utilizing InfoLease.  Email: info@new-millennium-assoc.com
Consultant: Europe 15 years doing deals/running own technology leasing company – looking to advise/ lead new entrants to take advantage the European market opportunity. www.clearcape.co.uk or kevin.kennedy@clearcape.co.uk	Consultant: Henderson, NV Focus on new business development and process efficiencies to create incremental revenue and profitability. Executive level vendor experience, and satisfied outsourcing clients. Incredible track record. E-mail: rbutzek@cox.net
Consultant: Sausalito, CA Lease trainer and consultant. 50 years in equipment leasing. Expert in transaction analysis, financial statement analysis, credit, packaging, structuring. Presents highly popular classes and workshops. E-mail:BoTei@aol.com	Consultant: North of Detroit, MI  INFOLEASE EXPERT - 18 years experience. Since being downsized in 2002, working as a consultant for several leasing companies. Seeking consulting projects nationwide.  E-mail: darwint@prodigy.net
Consultant: Ridgefield CT. Lisa Lersner w/20 years exp. specializing in leasing technology now providinglessor selection andmanagement services, includingthe securing of debt and equity and acquisition guidance services.   email Go to leasefinanceconsulting.com	Communications:Chassell, MI Cartoons on business, finance & computers. Use for your presentations, website, newletter, direct mail projects etc. Fees are negotiable.  Email: dan@danscartoons.com  Go to http://www.danscartoons.com

 

Receivables Management LLC John Kenny • End of Lease Negotiations & Enforcement  • Third-Party Commercial Collections john@jkrmdirect.com | ph 315-866-1167 www.jkrmdirect.com

(Leasing News provides this ad as a trade for investigative
reporting provided by John Kenny)

News Briefs---

LeaseQ, Online Marketplace for Leasing
Boston's Next Fintech Rising Star
http://bostinno.streetwise.co/2015/09/04/equipment-leasing-site-leaseq-is-a-fintech-startup-to-watch/

$7.6 billion deal: China's Bohai to Buy Ireland-based Jet Lessor Avolon
http://www.dailysabah.com/money/2015/09/05/chinas-bohai-to-buy-jet-lessor-avolon-for-76-billion

Retracing ‘Route 66' through Dallas following news of Martin Milner’s death at 83
http://thescoopblog.dallasnews.com/2015/09/retracing-route-66-through-dallas-following-news-of-martin-milners-death-at-83.html/

https://youtu.be/G7td9jhDMLo

Join Our Incredible Sales Team The right candidate will have 5+ years of sales experience in the equipment finance industry, current relationships and opportunities, and experience originating, building, and managing vendor programs. For more information, and to find out if Quail is a good fit for you, click here. www.quailfinancialsolutions.com

 


[headlines]
--------------------------------------------------------------

--You May Have Missed It

Things You Did as a Kid that Your Kids Will Never Do
http://blog.sfgate.com/sfmoms/2015/09/07/make-a-call-from-a-pay-phone-and-23-other-things-todays-kids-will-never-do

 

[headlines]
--------------------------------------------------------------

SparkPeople--Live Healthier and Longer

The 10 Healthiest Restaurant Dishes of 2012
http://www.sparkpeople.com/blog/blog.asp?
post=the_10_healthiest_restaurant_dishes_of_2012

[headlines]
--------------------------------------------------------------

Baseball Poem

 

Life

by Jim "Mudcat" Grant

Life is like a game of baseball
And you play it every day.
It isn't just the breaks you get,
But the kind of game you play.

Stop and look the whole team over,
You've got dedication there.
You're bound to be a winner,
With men who really care.

Your pitcher's name is courage,
You need him in this game.
For trust and faith your keystone men,
The grounders they will tame.

Your centerfielder is very fast,
Though small and hard to see.
So watch him when he gets the ball,
He's opportunity.

At first base there's religion,
He's stood the test of time.
At third base there is brotherhood,
A stalwart of the nine.

Your leftfielder is ambition,
Don't ever let him shirk.
Rightfielder is a husky man,
You'll find his name is work.

Your catcher's name is humor,
He's important to the scheme.
While honor is pitching from the bull pen,
Your game is always clean.

With love on your bench,
You've perfection, no less.
And a winning team,
With joy and happiness.

The other team is strong,
Greed, envy, hatred, and defeat
Are four strong infielders you'll have to buck,

To make your game complete.

Discouragement and falsehood,
Are the big boys in the pen.
You'll have to swing hard,
When you meet up with them.

Carelessness and a man called waste,
You'll find them playing hard.
And selfishness and jealousy,
None can you disregard.

There's one more man you'll have to watch,
He's always very near.
He's the pitcher for this team,
I'm told his name is fear.

The game will not be easy,
There'll be struggle, there'll be strife.
To make the winning runs,
For it's played on the field of life.

So stand behind your team,
There'll be many who'll applaud.
Just remember you are the player,
And the umpire there is God.

[headlines]
--------------------------------------------------------------

Sports Briefs----

A Basketball Arena Battles for San Francisco’s Heart
http://www.nytimes.com/2015/09/06/business/a-basketball-arena-battles-for-san-franciscos-heart.html?src=me&_r=0

Ref hit by HS players breaks silence
http://usatodayhss.com/2015/1john-jay-marble-falls-referee-robert-watts

 

[headlines]
--------------------------------------------------------------

California Nuts Briefs---

‘Piano Man’ Billy Joel’s triumphant return to SF
http://www.sfgate.com/music/article/Piano-Man-Billy-Joel-s-triumphant-return-6488012.php

Great oysters, gorgeous setting at The Marshall Store in Tomales Bay
http://www.pressdemocrat.com/lifestyle/4328710-181/cox-great-oysters-gorgeous-setting?gallery=4434519

[headlines]
--------------------------------------------------------------

“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Launch of WineFraud.com
http://finance.yahoo.com/news/launch-winefraud-com-173200255.html

Chablis producers are confident of an “excellent” vintage despite the recent hail, which affected some 300 hectares in total
http://www.thedrinksbusiness.com/2015/09/chablis-confident-of-excellent-vintage/

White Harvest in France Begins
  Red Later this Month
http://www.thedrinksbusiness.com/2015/09/white-harvest-beginning-in-bordeaux/

First Vineyard, Lexington, Kentucky:
   The first commercial winery in the U.S.
http://napavalleyregister.com/lifestyles/food-and-cooking/wine/first-vineyard-lexington-kentucky-the-first-commercial-winery-in-the/article_68f1475d-7cbb-50f8-b8ed-4edbe8901eca.html

Untouched by science, Rioja winemaker sticks
   to her great-grandfather's ways
http://www.scmp.com/lifestyle/food-drink/article/1854971/owner-vina-tondonia-makes-rioja-same-way-her-great-grandfather

72 hours in the Okanagan Valley
15 Years ago B.C. 60 Wineries, today 300
http://www.winepressnw.com/2015/09/02/3721276_72-hours-in-the-okanagan-valley.html?rh=1

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm