I crediti in sospeso: vi sono effettive possibilità di recupero?Il recupero dei crediti dalla fase extragiudiziale a quella giudiziale

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da blog.avvocatomalvone.it, di Avvocato Malvone

www.avvocatomalvone.it

Ho deciso di iniziare gli aggiornamenti giuridici in tema di recupero del credito spiegando, innanzitutto, quali sono i metodi principali per ottenere, dai debitori, il pagamento degli importi da questi dovuti.

Molti dei miei clienti, infatti, si rivolgono a me proprio per risolvere tale problema; molte altre persone tuttavia decidono purtroppo di desistere, non rivolgendosi ad un legale, immaginandosi di dover spendere ulteriori danari per compensi all’avvocato senza poi ottenere alcunchè: in realtà, come avrò modo di esemplificare, molto spesso si può, con relativa facilità, in tempi relativamente brevi e con esborsi relativamente bassi (e che verranno all’esito della procedura restituiti dal debitore), recuperare effettivamente il credito vantato.

Vi sono, nei casi concreti, due situazioni assolutamente da evitare, situazioni che, nella maggior parte dei casi, rendono all’avvocato, in sede di incarico, molto difficoltoso il recupero effettivo.

La prima è quella di procrastinare le azioni di recupero del credito: tale atteggiamento, infatti, porta due conseguenze negative ed irrimediabili; la “convinzione” da parte del debitore di poter omettere i pagamenti senza conseguenze e l’aumento del credito vantato, che rende difficoltoso il recupero. Più è diventato, nel corso dei mesi, alto l’importo da ottenere più sarà difficoltoso, anche in caso di azioni esecutive, recuperare l’intero credito.

La seconda, invece, come già accennato, è quella di pensare che il recupero sia comunque impossibile e, dunque, non compiere alcuna azione: si ribadisce infatti che molto spesso, in caso di azioni giudiziare, il credito viene effettivamente recuperato, con rimborso di tutte le spese legali sostenute.

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Vi è da dire che, molte volte, è sufficiente un sollecito di pagamento in forma scritta da parte del creditore, che potrà farsi aiutare dal proprio avvocato, mediante un modello di diffida, alla redazione per l’invio: si potrà concedere al debitore un termine (diciamo di 15 giorni) per il pagamento e, in assenza, proseguire con le azioni mediante il conferimento formale dell’incarico al proprio avvocato.

L’avvocato redigerà una nuova lettera di diffida e, in questo caso, se riceverà riscontro dalla controparte potrà intraprendere una trattativa per un recupero extragiudiziale del credito mentre, in caso di mancato riscontro o mancato pagamento, potrà intraprendere le azioni giudiziarie necessarie.

In caso di mancati pagamenti, con un esborso economico relativamente basso (si veda il mio listino), è infatti possibile richiedere al Giudice ed ottenere, entro 30 giorni, un decreto ingiuntivo, titolo giudiziario che, in caso di mancato pagamento, permette di procedere ad esecuzione forzata mediante pignoramento.

Il decreto potrà essere, in alcuni casi (come nel caso di crediti vantati dal Condominio per spese condominiali o in caso di riconoscimento di debito) immediatamente esecutivo, permettendo così l’immediata notifica al debitore unitamente all’atto di precetto e, dopo ulteriori 10 giorni, di intraprendere già l’esecuzione forzata.

Negli altri casi, dopo la notifica al debitore bisognerà attendere 40 giorni, nel corso dei quali il debitore potrà “opporsi” (se ritiene di non dover pagare: normalmente avviene solo nei casi “controversi”) instaurando un giudizio ordinario o rimanere inerme.

Decorso inutilmente tale periodo, anche in questo caso si potrà notificare l’atto di precetto e, dopo ulteriori 10 giorni, intraprendere l’esecuzione forzata.

Sulla base della mia esperienza, molte volte, già la notifica del decreto ingiuntivo o dell’atto di precetto porta il debitore, consultato un avvocato, a formulare una proposta transattiva per evitare ulteriori esborsi e le azioni esecutive.

Se però ciò non accadesse è sempre possibile, mediante un ulteriore esborso economico non ingente, intraprendere l’esecuzione forzata, attraverso un pignoramento che potrà essere mobiliare (es. mobilio in casa, attrezzature o cassa in azienda), presso terzi (es. conto corrente bancario, 1/5 dello stipendio, canoni di locazione, pagamenti per forniture) o, in caso di importi ingenti, immobiliare.

In effetti, le ampie possibilità di azioni esecutive accordate al creditore permettono, molte volte, l’effettivo recupero forzoso: è infatti probabile che il debitore abbia un conto corrente movimentato, o uno stipendio da lavoro subordinato, o denaro contante nella propria cassa o, ancora canoni di locazione o pagamenti da riscuotere. Normalmente, peraltro, è lo stesso creditore ad avere tali informazioni, cosa che evita il ricorso ad una società investigativa e, dunque, accelera di molto i tempi e diminuisce i costi.

Parlerò specificamente dell’esecuzione forzata nei successivi aggiornamenti, in ogni caso basti in questa sede ricordare che il recupero del proprio credito è spesso e volentieri concretamente possibile e con gli accorgimenti di cui sopra le possibilità aumentano considerevolmente: inoltre,tutti gli esborsi effettuati per le azioni giudiziarie vengono sempre liquidati dal Giudice, motivo per cui il debitore dovrà versare, oltre all’importo capitale ed agli interessi dovuti, tutte le spese legali sostenute dal creditore che, dunque, vedrà recuperati tutti gli esborsi effettivamente sostenuti.

Vi invito pertanto a contattarmi per una valutazione della Vostra situazione creditoria!

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7.340 risposte a “I crediti in sospeso: vi sono effettive possibilità di recupero?Il recupero dei crediti dalla fase extragiudiziale a quella giudiziale”

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  96. The very next time I read a blog, Hopefully it won’t fail me just as much as this particular one. After all, I know it was my choice to read through, however I actually thought you would have something interesting to say. All I hear is a bunch of complaining about something that you can fix if you weren’t too busy seeking attention.

  97. This is the right website for anybody who wishes to understand this topic. You understand so much its almost hard to argue with you (not that I actually would want to…HaHa). You definitely put a fresh spin on a topic which has been discussed for decades. Excellent stuff, just wonderful!

  98. You’re so interesting! I don’t think I’ve read a single thing like that before. So wonderful to discover someone with some genuine thoughts on this subject. Seriously.. thanks for starting this up. This web site is something that is required on the internet, someone with a bit of originality!

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  102. Can I just say what a comfort to uncover somebody that really understands what they’re discussing on the internet. You actually realize how to bring a problem to light and make it important. More people should look at this and understand this side of your story. I was surprised that you’re not more popular given that you definitely have the gift.

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  118. May I just say what a relief to find somebody that truly understands what they are discussing on the web. You definitely know how to bring an issue to light and make it important. A lot more people have to check this out and understand this side of your story. It’s surprising you’re not more popular given that you certainly have the gift.

  119. Hi there, There’s no doubt that your blog may be having browser compatibility problems. Whenever I look at your web site in Safari, it looks fine however, if opening in Internet Explorer, it’s got some overlapping issues. I just wanted to give you a quick heads up! Besides that, great website!

  120. I have to thank you for the efforts you have put in penning this site. I really hope to see the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has motivated me to get my very own site now 😉

  121. Hello there! This blog post could not be written much better! Looking through this article reminds me of my previous roommate! He constantly kept talking about this. I’ll forward this post to him. Fairly certain he’ll have a great read. Thank you for sharing!

  122. Hi, I do believe this is a great website. I stumbledupon it 😉 I will revisit yet again since I book marked it. Money and freedom is the best way to change, may you be rich and continue to guide others.

  123. Can I simply just say what a comfort to discover somebody that truly understands what they are talking about on the internet. You certainly understand how to bring a problem to light and make it important. More and more people need to check this out and understand this side of the story. I can’t believe you’re not more popular because you most certainly possess the gift.

  124. When I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive 4 emails with the same comment. Perhaps there is a way you can remove me from that service? Thank you!

  125. An impressive share! I’ve just forwarded this onto a coworker who had been conducting a little research on this. And he actually ordered me dinner because I found it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanx for spending time to talk about this topic here on your blog.

  126. Can I simply just say what a comfort to discover somebody who really knows what they are talking about on the web. You certainly realize how to bring a problem to light and make it important. More people ought to look at this and understand this side of the story. I was surprised that you’re not more popular because you certainly possess the gift.

  127. I’m amazed, I must say. Seldom do I come across a blog that’s both educative and engaging, and without a doubt, you’ve hit the nail on the head. The issue is something not enough men and women are speaking intelligently about. I’m very happy I came across this in my search for something regarding this.

  128. A motivating discussion is definitely worth comment. I believe that you ought to publish more on this subject matter, it might not be a taboo subject but generally folks don’t speak about such topics. To the next! Kind regards!!

  129. When I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I receive four emails with the same comment. Perhaps there is a means you are able to remove me from that service? Thanks!

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  133. Howdy! This blog post could not be written any better! Reading through this article reminds me of my previous roommate! He continually kept preaching about this. I’ll send this article to him. Fairly certain he’ll have a very good read. I appreciate you for sharing!

  134. Having read this I thought it was really informative. I appreciate you finding the time and effort to put this content together. I once again find myself spending a lot of time both reading and posting comments. But so what, it was still worth it!

  135. I truly love your website.. Very nice colors & theme. Did you create this amazing site yourself? Please reply back as I’m hoping to create my very own website and want to know where you got this from or just what the theme is named. Thanks!

  136. May I simply say what a relief to find someone who truly understands what they’re discussing over the internet. You definitely know how to bring a problem to light and make it important. More and more people must check this out and understand this side of the story. It’s surprising you aren’t more popular because you certainly have the gift.

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  139. I’m very happy to find this website. I want to to thank you for your time for this wonderful read!! I definitely really liked every little bit of it and i also have you saved as a favorite to check out new information on your website.

  140. An outstanding share! I’ve just forwarded this onto a co-worker who had been doing a little research on this. And he in fact ordered me dinner due to the fact that I found it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending the time to talk about this subject here on your web site.

  141. I blog often and I genuinely thank you for your information. The article has really peaked my interest. I am going to book mark your blog and keep checking for new information about once a week. I opted in for your RSS feed too.

  142. May I simply just say what a relief to uncover someone who genuinely knows what they’re talking about on the net. You certainly understand how to bring a problem to light and make it important. More people ought to read this and understand this side of your story. I was surprised you’re not more popular given that you surely possess the gift.

  143. After I originally commented I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I receive four emails with the same comment. Is there a means you are able to remove me from that service? Cheers!

  144. After looking into a handful of the blog posts on your website, I honestly like your way of blogging. I book marked it to my bookmark site list and will be checking back in the near future. Take a look at my web site as well and let me know how you feel.

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  146. Next time I read a blog, Hopefully it won’t fail me as much as this particular one. I mean, I know it was my choice to read through, nonetheless I actually believed you’d have something useful to say. All I hear is a bunch of complaining about something you can fix if you weren’t too busy searching for attention.

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  148. May I simply say what a relief to discover somebody who really understands what they’re talking about online. You certainly understand how to bring an issue to light and make it important. More and more people need to look at this and understand this side of the story. I was surprised you’re not more popular given that you definitely possess the gift.

  149. Having read this I thought it was extremely informative. I appreciate you spending some time and energy to put this information together. I once again find myself personally spending a lot of time both reading and commenting. But so what, it was still worth it!

  150. Hi there! This blog post could not be written any better! Going through this article reminds me of my previous roommate! He continually kept preaching about this. I am going to forward this article to him. Pretty sure he’s going to have a good read. Thanks for sharing!

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  152. I’m amazed, I have to admit. Seldom do I come across a blog that’s equally educative and engaging, and without a doubt, you have hit the nail on the head. The issue is something that too few men and women are speaking intelligently about. I am very happy that I stumbled across this in my search for something relating to this.

  153. When I initially commented I seem to have clicked the -Notify me when new comments are added- checkbox and now each time a comment is added I get four emails with the exact same comment. Perhaps there is a means you can remove me from that service? Thanks!

  154. The next time I read a blog, I hope that it does not fail me just as much as this particular one. After all, Yes, it was my choice to read through, nonetheless I truly thought you would probably have something helpful to talk about. All I hear is a bunch of crying about something that you could fix if you were not too busy seeking attention.

  155. Nice post. I learn something new and challenging on websites I stumbleupon on a daily basis. It will always be exciting to read through articles from other writers and practice something from other sites.

  156. Having read this I thought it was rather informative. I appreciate you taking the time and effort to put this information together. I once again find myself spending a significant amount of time both reading and leaving comments. But so what, it was still worthwhile!

  157. I have to thank you for the efforts you’ve put in penning this blog. I’m hoping to see the same high-grade blog posts by you later on as well. In truth, your creative writing abilities has motivated me to get my own site now 😉

  158. Hello, I believe your web site could possibly be having browser compatibility issues. Whenever I look at your site in Safari, it looks fine but when opening in Internet Explorer, it’s got some overlapping issues. I merely wanted to give you a quick heads up! Other than that, fantastic website!

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  161. I’d like to thank you for the efforts you have put in writing this site. I’m hoping to check out the same high-grade content from you in the future as well. In fact, your creative writing abilities has inspired me to get my own site now 😉

  162. When I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and from now on whenever a comment is added I receive four emails with the same comment. There has to be an easy method you can remove me from that service? Thank you!

  163. You’re so interesting! I do not think I have read through something like that before. So good to find another person with genuine thoughts on this subject. Seriously.. thanks for starting this up. This site is one thing that is required on the internet, someone with a bit of originality!

  164. A fascinating discussion is definitely worth comment. I do believe that you need to publish more on this subject matter, it might not be a taboo matter but typically people don’t discuss these topics. To the next! All the best!!

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  168. Howdy! This article could not be written much better! Going through this article reminds me of my previous roommate! He constantly kept talking about this. I am going to forward this article to him. Fairly certain he’s going to have a very good read. I appreciate you for sharing!

  169. You are so cool! I do not believe I have read anything like that before. So wonderful to discover someone with unique thoughts on this topic. Seriously.. thanks for starting this up. This website is something that is needed on the web, someone with some originality!

  170. Aw, this was an incredibly good post. Taking the time and actual effort to make a good article… but what can I say… I hesitate a lot and never manage to get anything done.

  171. Having read this I thought it was extremely informative. I appreciate you finding the time and energy to put this article together. I once again find myself personally spending a significant amount of time both reading and leaving comments. But so what, it was still worth it!

  172. Can I just say what a comfort to discover a person that truly knows what they are discussing on the
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  174. Oh my goodness! Incredible article dude! Thank you so much, However I am encountering issues with your RSS. I don’t know the reason why I am unable to subscribe to it. Is there anybody having similar RSS problems? Anyone who knows the answer can you kindly respond? Thanx!!

  175. I blog often and I seriously thank you for your information. This great article has truly peaked my interest. I’m going to take a note of your site and keep checking for new information about once per week. I subscribed to your RSS feed as well.

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  177. Can I simply just say what a relief to find somebody that truly understands what they’re discussing over the internet. You actually realize how to bring a problem to light and make it important. More and more people need to look at this and understand this side of your story. I was surprised you’re not more popular given that you surely possess the gift.

  178. Oh my goodness! Impressive article dude! Many thanks, However I am experiencing issues with your RSS. I don’t know why I cannot subscribe to it. Is there anybody having identical RSS problems? Anyone that knows the answer will you kindly respond? Thanx!!

  179. I truly love your blog.. Excellent colors & theme. Did you develop this site yourself? Please reply back as I’m wanting to create my own personal site and want to find out where you got this from or exactly what the theme is named. Thanks!

  180. I must thank you for the efforts you have put in penning this blog. I really hope to view the same high-grade blog posts from you in the future as well. In truth, your creative writing abilities has motivated me to get my own, personal site now 😉

  181. Having read this I believed it was extremely informative. I appreciate you finding the time and energy to put this informative article together. I once again find myself personally spending a lot of time both reading and commenting. But so what, it was still worth it!

  182. After checking out a handful of the blog articles on your blog, I really appreciate your way of writing a blog. I book marked it to my bookmark webpage list and will be checking back soon. Take a look at my website too and tell me how you feel.

  183. I really love your site.. Excellent colors & theme. Did you create this amazing site yourself? Please reply back as I’m trying to create my very own website and want to know where you got this from or just what the theme is named. Appreciate it!

  184. Nice post. I learn something new and challenging on blogs I stumbleupon every day. It will always be exciting to read through articles from other writers and use something from other web sites.

  185. I must thank you for the efforts you have put in writing this site. I’m hoping to see the same high-grade blog posts by you later on as well. In fact, your creative writing abilities has motivated me to get my own blog now 😉

  186. Hello there! This post could not be written any better! Looking through this article reminds me of my previous roommate! He always kept talking about this. I most certainly will forward this information to him. Pretty sure he will have a great read. Many thanks for sharing!

  187. I’m amazed, I must say. Seldom do I encounter a blog that’s both educative and engaging, and let me tell you, you’ve hit the nail on the head. The issue is an issue that too few men and women are speaking intelligently about. Now i’m very happy I found this during my search for something regarding this.

  188. Right here is the perfect webpage for anybody who wishes to understand this topic. You realize so much its almost hard to argue with you (not that I actually would want to…HaHa). You definitely put a brand new spin on a topic which has been discussed for a long time. Wonderful stuff, just excellent!

  189. The next time I read a blog, I hope that it does not disappoint me just as much as this one. I mean, I know it was my choice to read through, nonetheless I actually thought you would have something useful to talk about. All I hear is a bunch of whining about something you could possibly fix if you were not too busy looking for attention.

  190. Good post. I learn something totally new and challenging on sites I stumbleupon on a daily basis. It will always be helpful to read content from other authors and use something from other sites.

  191. I’m impressed, I must say. Seldom do I come across a blog that’s both educative and amusing, and let me tell you, you have hit the nail on the head. The problem is something too few people are speaking intelligently about. I’m very happy I stumbled across this in my hunt for something concerning this.

  192. Oh my goodness! Awesome article dude! Thanks, However I am having issues with your RSS. I don’t understand the reason why I cannot subscribe to it. Is there anybody else having similar RSS issues? Anyone who knows the solution will you kindly respond? Thanx!!

  193. I’d like to thank you for the efforts you have put in penning this website. I really hope to view the same high-grade blog posts by you later on as well. In fact, your creative writing abilities has inspired me to get my own, personal website now 😉

  194. Great website you have here but I was curious if you knew of any community forums that cover the same topics talked about here? I’d really love to be a part of community where I can get comments from other experienced individuals that share the same interest. If you have any suggestions, please let me know. Thank you!

  195. Greetings, I think your web site could be having browser compatibility issues. When I take a look at your blog in Safari, it looks fine however, when opening in I.E., it’s got some overlapping issues. I simply wanted to give you a quick heads up! Aside from that, fantastic website!

  196. Hello there! I could have sworn I’ve been to this website before but after going through a few of the articles I realized it’s new to me. Anyways, I’m certainly pleased I found it and I’ll be bookmarking it and checking back frequently!

  197. Can I simply say what a comfort to uncover somebody that genuinely understands what they are talking about over the internet. You certainly realize how to bring a problem to light and make it important. A lot more people have to read this and understand this side of your story. I can’t believe you are not more popular since you surely possess the gift.

  198. Next time I read a blog, Hopefully it doesn’t fail me as much as this particular one. I mean, Yes, it was my choice to read, nonetheless I truly thought you’d have something useful to say. All I hear is a bunch of whining about something you could fix if you weren’t too busy seeking attention.

  199. When I originally left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on every time a comment is added I get 4 emails with the exact same comment. There has to be a way you can remove me from that service? Thanks!

  200. Howdy, I do think your site could possibly be having web browser compatibility issues. When I take a look at your site in Safari, it looks fine however, if opening in I.E., it’s got some overlapping issues. I merely wanted to provide you with a quick heads up! Apart from that, great website!

  201. I’d like to thank you for the efforts you’ve put in penning this website. I really hope to check out the same high-grade content by you in the future as well. In fact, your creative writing abilities has inspired me to get my very own website now 😉

  202. An outstanding share! I’ve just forwarded this onto a colleague who had been doing a little research on this. And he in fact bought me lunch due to the fact that I found it for him… lol. So let me reword this…. Thank YOU for the meal!! But yeah, thanks for spending time to talk about this subject here on your web page.

  203. I’m more than happy to find this great site. I need to to thank you for your time due to this wonderful read!! I definitely liked every little bit of it and I have you book-marked to see new things in your website.

  204. The very next time I read a blog, I hope that it won’t disappoint me just as much as this one. After all, I know it was my choice to read, but I actually believed you would probably have something interesting to say. All I hear is a bunch of whining about something you could fix if you were not too busy searching for attention.

  205. Good post. I learn something new and challenging on blogs I stumbleupon on a daily basis. It will always be exciting to read through articles from other authors and practice a little something from their websites.

  206. After I initially left a comment I seem to have clicked on the -Notify me when new comments are added- checkbox and from now on each time a comment is added I receive four emails with the same comment. Perhaps there is a way you can remove me from that service? Kudos!

  207. I have to thank you for the efforts you’ve put in writing this blog. I really hope to see the same high-grade content by you in the future as well. In truth, your creative writing abilities has inspired me to get my very own site now 😉

  208. You’re so interesting! I don’t think I’ve truly read through anything like this before. So great to find somebody with some original thoughts on this issue. Seriously.. thank you for starting this up. This web site is something that’s needed on the web, someone with a bit of originality!

  209. Hi, I think your website might be having browser compatibility issues. When I look at your website in Ie, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!

  210. Hello there! I could have sworn I’ve been to this blog before but after browsing through some of the posts I realized it’s new to me. Nonetheless, I’m definitely happy I came across it and I’ll be book-marking it and checking back often!

  211. Hi there! This post couldn’t be written any better! Reading this post reminds me of my old room mate! He always kept talking about this. I will forward this article to him. Fairly certain he will have a good read. Thank you for sharing!

  212. I blog frequently and I really appreciate your information. Your article has really peaked my interest. I am going to take a note of your website and keep checking for new information about once per week. I opted in for your Feed as well.

  213. First of all I want to say wonderful blog! I had a quick question that I’d like to ask if you don’t mind. I was curious to know how you center yourself and clear your mind prior to writing. I’ve had trouble clearing my mind in getting my ideas out. I truly do take pleasure in writing however it just seems like the first 10 to 15 minutes are generally lost simply just trying to figure out how to begin. Any ideas or hints? Kudos!

  214. I was very pleased to discover this page. I want to to thank you for ones time for this fantastic read!! I definitely loved every little bit of it and I have you book marked to see new things in your blog.

  215. Hello there! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My website goes over a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you’re interested feel free to shoot me an e-mail. I look forward to hearing from you! Awesome blog by the way!

  216. An outstanding share! I have just forwarded this onto a colleague who had been conducting a little homework on this. And he actually bought me dinner simply because I found it for him… lol. So let me reword this…. Thanks for the meal!! But yeah, thanx for spending the time to discuss this subject here on your internet site.