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Negotiated Settlement Negotiated Agreement
The parties, usually with counsel, develop a separation agreement. These agreements are not mediated or arbitrated. In other words, the parties, without any neutral third-party, settle their controversy.
Question: Is it ethical for class counsel to run up larger bill by requesting a non-monetary settlement? In a class action lawsuit against Bank of America, the class counsel and Bank of America negotiated an agreement calling for Bank of America to provide various non-monetary offers (but no money) to the class members and to pay several million dollars to the class counsel. Subsequently, several class members filed objections with the court. The class counsel then filed papers saying that the large fee was justified because of the additional work required to negotiate a non-monetary settlement, in excess of what would have been needed to negotiate a monetary settlement. I feel that a monetary settlement would have been in the best interest of the class counsel's client (the class members). Is negotiating for something else and thereby getting more fees an ethics violation?
Answer: Nio. If you don't like the outcome, object, but suggesting that it's an ethics breach will not be taken seriously. The court will reject the settlement if it's not in the best interests of the class. Leave it at that.
Question: need advice-negotiated on a settlement? I made settlement with a collection agency on a debt that was for 1300. the settlement is for 800. the people there actually didnt give me a hard time, I have to send this payment out overnight, I am sending them a money order.
Now i am waiting for them to email the settlement letter. I have not recieved it yet, the supervisor said i would have it, which was an hour ago.
Is there anything i can do to protect myself if i send out the payment without getting the letter. Is there anything i can write on the money order or maybe write up a letter saying this is part of our agreement? would that be enough proof of our agreement if i never get there letter just in case this comes back to haunt me.
any suggestions? Please help i need advice.....
Answer: YOu can write "Payment in full" on it next to the endorsement line; but it won't absolutly stand up in a court of law.
Have them e-mail it or fax it; without that agreement, you have nothing to stop them from coming back for the balance
Question: Are corporate compensatory damage settlements taxable? My company recently negotiated a settlement with a subcontractor for damages resulting from his failures to properly and timely complete a project. The settlement amount was less than the actual direct damages. Moreover, we had claims for intangibles for which we will not be compensated in this settlement. We are an "S" corporation and account on an accrual basis (products completed).
1) Must we pay taxes on these compensatory dollars?
2) Are there any pitfalls to avoid in the wording of our final settlement agreement in order to avoid taxes?
Answer: Yes, this settlement is taxable income. If you had business expenses, claim on your tax return.
Settlement for injury is not taxable. If it is for lost wages or interest, it is taxable. Read about settlement taxes http://taxipay.blogspot.com/2008/08/us-income-tax-topics-1.html
Question: The Osages and the Wichitas were in continuous conflict because? A. the Osages resented the Wichitas negotiated agreement w/ the Comanches.
B. the wichitas had broken a treaty w/ the Osages and therefore could not be trusted.
C. the Osages raided the Wichitas for horses and captives to trade for guns and ammunition from the French
D. the Wichitas raided an Osage settlement, killing all of the people there
Answer: most conflict between such groups was about competition for resources. These groups didn't negotiate agreements, so A and B are out. The french weren't very interested in horses - they wanted furs. That leaves D - probably a raid conducted to steal something that was indeed useful in trading to the french.
That's just my guess. I hope it helps you.
Question: How can I negotiate a settlement with a debt collection company? I have a verbal agreement (which I know is worth the paper it's written on) for half of the total balance. However, they want a lot of personal info relating to our hardship: bank statements, paycheck stubs, self-employment income, and list of expenses. I'm uncomfortable providing this information. They do have a judgment against me and I'm afraid to put much money into our personal account. What information should I definitely NOT give them?
Answer: The collection company will need this info to justify the charge off of half your debt. If you are getting a judgment against them and they agree to accept half the balance, than its a great deal. The few accounts that end up with a lawsuit will settle between 40-75% so you have a good offer in hand. Regarding the information to provide, you do not have to give exact information if you don't have it all in hand as they are looking more of an estimate to justify that your expenses are more than your income and assets. They don't necessarily check all your expenses but you should definitely include everything to approve your settlement with the collection company. You should not have to provide personal information for example, your full account number to your bank. (You can black out this information if you provide them your bank statement.)
Some tips to keep in mind to finalize the settlement:
1) Make sure you have all documentation in hand of the terms that you agreed over the phone.
2) Write down the representatives full name, extension, and any other information they can provide to identify them. Since they are requesting so much information from you, you have the right to know who they are.
3) DO NOT use your personal checking to provide them the funds. Either notify them you will overnight a money order, or give them the account information to a new account you open, and only deposit the amount they request. This will assure the collection company does not take a penny more than the agreed amount, and save you from the hassle of trying to get that back.
4) Try to see if they will agree to remove negative terms from your credit report regarding the account, and to report as paid, rather than settled.
5) Confirm that they will send you a letter stating the full closure of the account once they receive the agreed payment. This will protect you from any future lawsuits from the original bank for the remaining balance.
Good Luck.
www.personalcreditsolution.com
Question: HELP I need Info on a Credit Card Company Settlement.? I have a question.
I just negotiated a settlement with a credit card company, the agreement was at 30% of the existing debt. They agreed that a one time payment would "pay the account in full".
So today I call back to have them fax me a letter to that effect, and my account manager's "partner" answers the phone, goes into my file and agrees to prepare the letter ....but THEN she informs me that at the end of the year the company will be sending me a 1099 for the unpaid protion of the account. (I'm assuming she means the amount I negotiated away)
I have never heard of such a thing.
I'm not agreeing to the settlement if that's a contingency. The agreement was "30% paid in full", not "30% and we'll tax you on the rest".
Does anyone have any factual insight on this?
Or personal experience?
The debt is only about two years old and I was paying regularly until May of this year.
I understand why they want to do the 1099 but...I've had settlements before and have never had this done...
Could it be because it was a significan amount? Or are they just desperate for some revenue?
This is with "collection company" only I know that they are a collection company owned and run by the original creditor.
The "Forgiven" amount is about $3700...seems odd that one of the only banks left standing in today's financial market, would bother....but this may be why they are one of the survivors.
Thanks guys...I'm going to call again and talk to the original lady that made the deal and if she doesn't back off, I'll just take my lumps...lol
Thanks again.
Answer: They are correct. This is because of the IRS. When they settle for less they can take the difference as a business loss and deduct the amount on the taxes. Since they take it as a loss, the IRS requires that you take it as a gain. So it is treated as unearned income.
For example if your debt was 10,000 and you settled for 3,000 you will receive a 1099-C for 7,000. That 7,000 becomes unearned income and are taxed at your regular rate. So if your tax rate was 28%(for example) you would owe the IRS $1960, but if your tax rate was only 10%(for example) you would only owe $700. These amounts are still significantly less than the 7,000 that you would have owed the company. Do not forget to include this on your taxes or in a couple of years they will catch up and with the penalties and interest it will be almost back to the amount you settled for.
You didn't say how old the debt was but if this is a fairly new debt 30% is a pretty good settlement amount as most will not go below 50%. If this is an older debt you probably should look at things such as the Statute of Limitations for your state to see if they can even legally collect on the debt any longer before you sign any agreements or pay any money.
EDIT: If the settlement amount is more than $600 they should issue you a 1099. So it is possible even though they did not "mention" a 1099, you will still receive one. If it goes unpaid you "may" get an IRS notice in a year or two for the tax due on this amount.
Question: I would like to negotiate debt settlements and get them to show paid as agreed, is there an agency that can? I have heard that it can be done as part of the settlement, I just haven't had any luck finding any company that will negotiate the change in report status as part of the agreement. I am more concerned with my credit score right now. I am very close to qualifying for a mortgage and this would put me over the top.
Answer: I have been researching the same thing. I found a website with a letter that can be filled out and used in the negotiation process. It includes the answer of showing your debt "paid as agreed"
http://resources.lawinfo.com/letters/frm_DebtorsOffer.cfm?act=fill&site=carreonandassociates&siteType=
good luck!
Question: How do i go about negotiating a settlement with collection agencies? My goal is to get my current credit score of 610 up to at least 620 and hopefully in time to buy a house! Now that i have until April i feel like this is doable. My loan officer told me that my score would have to be at least 620 for them to consider giving me a loan. There are only 2 'derogatory' accounts shown on my credit report. Both of these items have been on there for at least 4 years but not yet 7 years. I have been told by my loan officer that i need to pay these off by whatever means necessary - in full or negotiate a settlement for a lower balance than what was originally owed.
So because these accounts are both somewhat old, it is fair for me to offer .50 cents on the dollar or something similiar right? On one, a credit card, i originally owed almost 600, but recently after not hearing from any agencies about it for years i received a letter from a new agency that took over the account and they offered a settlement of somewhere around $400. Is that a fair offer? The offer i'm sure is no longer valid as this was probably a year ago and i did not accept it. But it would probably be ok to offer to settle the account for say, $300 to start? Some questions are:
Do i call them first to discuss a settlement and if they accept, get it in writing? OR
Do i just go ahead and send a letter detailing my offer and tell them to write back and let me know they accept? This way i would have everyting in writing, but it would take some time i'm sure and i am running out of time!
How should i pay once we reach an agreement? I was told that nothing should be done over the phone and they should always send me something either BEFORE i pay or immediately after showing that it was paid as agreed.
ALso, what is your take on those "pay for delete" letters? Being that time is of the essence i dont want to mess around too much, but if there is a chance i could have either of these accounts completely removed i am willing to give it a shot. Any advice, anyone?
Answer: All communications with a collection agency should be in writing only. Don't pay before you have a settlement offer in writing from them.
You can negotiate a "pay for delete", but keep in mind that with credit card debt the original charge off will still remain on your credit report. A collection agency cannot remove the original creditor's entry. They can only remove what they have listed on your credit reports.
Never pay a collection agency by credit card or personal check. They have been known to max out your credit card and empty your bank account. Always pay a collection agency by money order or cashiers check that cannot be traced to your banking information.
Question: how do i resolve a debt with a debt collector who will not talk to me? its from a credit card debt, which was turned over to Arrow Financial Services (a debt collector), they in turn had Mann Bracken LLP (a national collection attorney network firm) contact me to settle the debt. I made arrangements to pay the debt, and was making monthly payments, directly taken from my checking account. After paying $1400.00 over several months time, I received an "Agreed Judgment" from Mann Bracken in which Arrow Financial Services is the plaintiff and is seeking a judgment against me. I was in communication with Mann Bracken and was told to sign the Agreed Judgment and they would agree to not execute, abstract, or otherwise seek to enforce the agreed judgment during the term of our temporary agreement, as long as I (the defendant) complies with the payment terms. I agreed to pay $100.00 monthly directly from my checking account for 9 months, then the parties agree to review the matter again and attempt to negotiate a final settlement agreement.
This was in Sept of '09, in which I was dealing with my daughter and my grandson who were in crisis and our family was occupied with their issues, so I had every intention of signing the agreed judgment, but I got distracted and didn't sign it, so at the end of Oct '09, a "Final Default Judgment" was issued against me. I of course called Mann Bracken and was told that after our agreed 9 month period of consistent monthly payments, they would have the judgment taken care of.
So I made my monthly payments every month, but in Dec '09 the money was never taken out of my account, so I called Mann Bracken, but the phone # was no longer in service. I tried several different #'s and all were disconnected, then I read on line that Mann Bracken had been investigated/sued and went into bankruptcy! So I then contacted Arrow Financial Services, spoke to a representative, explained the situation, and was told that a new debt collector attorney will be contacting me, but that has been 6 months now, and no one has contacted me.
What do I do? How do I settle the debt, I am more than willilng to settle, and what do I do about the Final Judgment? I've pulled my credit report from all 3 credit bureau agencies, and there is no judgment listed. I contested the debt with Arrow Financial, but after the investigation, the debt still stands in effect on all 3 credit bureaus.
Do I need to hire a lawyer?
Answer: No. Just wait to be contacted. You may never, since the one assigned to collect is in bankruptcy. You may have lucked out.
Question: good people...i trulely need your wisdom. i need an example of "pay for deletion agreement".? i am in the process of credit repair and negotiating with those creditors that have certified debts on me. i need to negotiate settlements with good credit reporting.
Answer: I once found an excellent sample letter on the web...but they deleted the site. ;(
You can write it yourself. Just keep these points in mind when you are doing it.
1. DO NOT imply that you are offering to pay the debt. This will reinstate the Statute of Limitations for collections. Word it to say you "wish to negotiate a payment arrangement" and that "this is not an offer to pay".
2. Make your offer. If it's on a payment plan, request that interest and late fees be frozen. Make clear how much you intend to pay each month.
3. Demand that in exchange for paying off this bill, they must agree IN WRITING to delete any negative reports on your credit history. Better yet, have them change the listing to read "paid as agreed" and remove all referances to collections or late fees.
Good luck.
Question: First Time Calling Creditors, Can Anyone Give Me Tips Or Suggestions On Negotiating A Settlement? First off, I don't want to hostile with them. But I DO want to be firm on what I can and can't do.
I have a debt that I want to pay off, but I cannot pay the full amount which is around 5,000. This is from 2005. Now they're telling me if I settle I only have to pay half. I asked if there's a chance I could pay less. They told me none of their clients have ever settled for less than half.
I wanted to do a settlement, but they require I do this quickly. The first payment within 7 days of the agreement and last payment within 30 days. I can't get that much within that time.
I told them I do not have money this month as I have paid my bills. They said, "To be honest, since this has been in our records so long, by the end of this month it will probably be moved to our legal department for further action. If you put $20 down now that will keep this file on my desk. Then you could pay $50 next month & bring that amount down. Then we can talk about a settlement." I'm afriad to put ny money down in case they say I can't do a settlement later.
So I told them that I will c/b in the morning. They said they can't extent the settlement and I can't make payments on it. Any tips or suggestions? What I should do or not do? I told them I really want to give them what I can, but I can only give so much.
Answer: First, the reason they want the $20 is because it will restart the statute of limitations. You don't mention where you live, but many states have a six year limit on suing for a court judgment and if your last activity was 2005, they are starting to bump up against the SoL. This puts less pressure on them to settle for half, since they now have the full 6 years to collect.
You really have two options - try to pay as much as you can as fast as you can in which case they may be more willing to settle at 50 cents on the dollar ($500 a month for 5 months would be nice). Or call the possible bluff and let it go "to the legal department" and deal with them.
When you call back, take good notes (including date and time), get names, write down exactly what the collector offers and repeat it back so that you are sure. Write down any offer you make and have the collector repeat it so that you are sure he knows what the offer is. You will need all of this to show good faith should they decide to go ahead with their suit. In fact, it would be helpful if you could get them to send a letter to you outlining their proposal and/or tape the conversation - check your state laws as to "one-party consent statutes" which allow for the taping if one of the parties (yourself) consents.
Question: Help! Washington State History? 1. Which of the following is a method countries use to establish a claim to territory?
a. They explore the region.
b. They create maps of the region.
c. They establish outposts or settlements in the region.
d. All of the above
2. What was the term of the negotiated agreement that recognized both British and American claims in the Northwest?
a. joint agreement
b. joint control
c. joint occupation
d. joint mandate
3. What was the end result of the Pig War?
It divided Oregon Territory from Washington Territory.
a. It established the Columbia River as the southern boundary of British lands.
b. It set the route for travel between Oregon and British Columbia.
c. It established the final boundary between British Canada and the United States.
Answer: i can answer your question in 1 word FREEMASONS,just take a look at the oldest map you can find and look for the pentogram.
Question: What are main anamolies of 9th Bipartite Settlement signed by IBA and Bank union leaders on 27th April 2010? IBA has apparently committed Fraud on Pension Optees as also PF optee in banks in the recently concluded wage settlement agreement with bank employees.
• When pension was offered in lieu of provident fund. IBA/ Banks can not recover any cost/ incremental cost from pension optees. It is totally illegal and can not stand for judicial scrutiny in the court of law.
• The pension scheme of 1995 was not contributory in nature; any recovery toward the cost is illegal.
• The unions have wrongly agreed to IBA proposal for sharing the cost in all the above 3 settlements.
• If Bank employee’s pension was contributory in nature; there was no need to implement NPS i.e. 01.04.2010 in the banks.
• Central Govt. employees/ Railway/ State Govt. Employees or Judges of high Court/ Supreme Court do not pay any thing toward the cost of pension. Our pension regulations are based on there pension regulations only.
• During 7, 8 & 9th BPS (Bipartite settlement between IBA and bank employees unions) the above referred incremental cost of the pension has been recovered from both PF & Pension Optees. The IBA has reduced your wages to the extent of incremental cost while revising the wage. Hence both PF & Pension optees have been cheated and received lower wages.
• Can IBA/ Bank’s recover the incremental cost from a PF optee who is not the beneficiary of the Pension Fund Trust?
• Can IBA/ Bank transfer the share of incremental cost of pension of PF optees to pension fund instead of transferring to his PF Fund?
• The incremental cost of the pension, recovered from the PF optees should have been paid to PF optees in their PF or paid additionally along with the salaries.
• Is it not a fraud within the meaning of India Penal Code? Read the definition of Fraud in IPC?
Please note that above fraud has been perpetuated by the IBA in connivance with UFBU & Statutory Central Auditors who signed the balance sheet of the bank, since 7th BPS i.e. 01.11.1997.
Why the recovery of Rs 1800 crores from PF Optees is illegal in nature
• The actuarial liability of Rs 6000 crores for existing employees and Rs 3115 crores for retired employees are estimates only and not the actual number.
• Bank can not make actual recoveries on the basis of estimated actuarial liabilities. It is illegal.
• The Bank should first arrive at the actual numbers and actual figures of the pension gaps and then recover the actual recoverable dues.
• Then the bank should offer the pension option on the basis of actual recoverable dues.
• Hence any recovery from wage arrears is illegal liable to be rejected in judicial scrutiny.
Why such whimsical and unjustified act by IBA is possible?
I simply ask the wise and cleaver IBA chairman Mr. M V Nair and veteran Union leaders whether any bank can discriminate two officers ( in same scale with same status and same work responsibilities and same age of service ) only on the ground that one opted for pension in 1995 and another in 2010. It is worthwhile to mention here that both officers will get same pension if they leave the job.
Officers who are going to opt for pension as per new settlement have to pay as much as there times of one month pay i.e. as much as one lac rupees to become eligible for same pension which none of officers contributed in the past .
Such discriminatory attitude of IBA chairman just to please negotiating union leaders who have a vested interest to give benefits to those who have left service during last 15 years can in no way stand as legally valid agreement. It means retired employees or those who left banks service due to some reason or the other will get more benefits than working employees.
Is it possible to give different fitment to two officers drawing same basic of Rs.23520/ only because one is scale III and another is scale IV.
Is it justified to stop increment of senior officers only because there is no vacancy in upper scale? Stagnation Increment is given to senior officers after three years. It is directly disrespect to seniors for no reason.
Can you imagine the gainer on account of 9th bipartite settlement?
It is clerks whose union leaders are militant and devoted for their members.
It is SBI employees who are already getting pension as third terminal benefits without any extra contribution
It is executives and union leaders (who already left banks service) because they are part f negotiating committee for bipartite settlement.
Can you say, who are the real losers?
Yes they are officer in Junior and Middle Management. Officers who will opt for pension now. Because they have to contribute almost a lac rupee out of arrear towards pension fund, benefits of which will be shared by all pension optees equally. They have been punished only because they did not opt for pension in 1995.
I am unable to understand how and why union leader
Answer: ok.... I usually enjoy a long question... but I still don't know what the question is.
Rant somewhere else please.
Question: Ex is breaking agreement and keeping son on Halloween? As part of me and my ex's divorce a marital settlement agreement was drawn up. The agreement stipulated visitation times and holiday schedules for our (now) four year old son. The agreement said that I would have my son on Halloween in odd numbered years from 6-8:30 PM and not see him on even numbered years. The ex called and demanded that I have him back at 7:30 tomorrow. I disagreed and said that we would follow the agreement since 1.5 hours is not enough. I welcomed her to come trick or treating with us as a compromise since that is what she did last year (I went with them). She said I'm in no position to negotiate since she can just not be home at the pickup time and she said I won't get him at all. She is clearly in comtempt of court, but I feel powerless to do anything. What recourse do I have? Especially with only one day left.
Answer: Wow...I think you were married to my husband's exwife. LOL! Only her thing with Halloween is "it is not a holiday" in her opinion.
There is not much you can do with only one day remaining until Halloween. You can either comply with her and get him until 7:30. Get him and call her and tell her it is going to be later. If you already have him what can she do? Keep your divorce decree with you in the event she calls the cops or something. OR don't get him at all and go Thursday and file contempt charges against her. I bet that would prevent her from trying her shenanigans in the future.
I know I am not much help, but this is a difficult situation. My Husband and I have had an ongoing battle with his exwife for 10 years now. I actually dread every single holiday and/or occasion because she has to throw the proverbial stone in every event. She simply refuses to allow things to go smoothly. She demands things and changes her mind at the last minute and when she knows we are going out of town to see family she DEMANDS the kids be abck at an unreasonably early time. She NEVER does anything with the kids and she has no family at all to celebrate with. She just does not want them with us and she does not want them participating in family functions. We have never filed contempt charges on her and we could have so many times. I wish we would have then she would see that she can't continue this behavior. Maybe that is what it will take with your exwife. File charges on her. If not over this then the next time she tries to pull something like this and that will teach her that you are not going to participate in her childish games of using your child as a pawn in her revenge game. I wish you the best. You have a long agonizing road ahead of you and I truly wish you good luck. DO NOT let her get away with this behavior. She will just continue to do it over and over again. Good luck!
Question: what does it mean if my lawyer wrote "contingency" on the retainer agreement? more below? i signed a retainer agreement that said my lawyer would get 33-1/3 to 40% of the settlement, and in the margin, he had written "contingency" pointing to those phrases containing those percentages. Now, after getting the settlement check, he tells me that he's taken 50% to recoup his costs (e.g., filing fees) and that he was "cutting me a break," because his costs were actually $800. Is that legal? I told him i want to see the receipts totaling $800. It seems that the retainer agreement states that the most he can get is 40%. Are the "costs" included in that 40%? (the settlement was $1,000). Also, he said he negotiated with a lienholder (medical insurance) to pay them $100 instead of $1,000. But he hasn't shown me any proof of that. And should i even have to pay the lienholder since i didn't owe anyone anything until they found out there was a lawsuit?
Thank you to those who've answered so far. I don't think there were any fees. It's free to file a complaint with the city (I was going to do it myself), and the mediation was free. Those are the only filings that there were, that I know of.... Should I have to pay a lien if I had no outstanding bills pre-lawsuit?
Answer: The agreement meant your court filing fees and deposition costs are on top of his percentage. Give him a break. You got your money, didn't you?
Question: Negotiating With Credit Card Companies Question? I owe $100,000 on credit cards. I can borrow $50,000 from private source. Can I use this money to get out of debt. Is it possible to negotiate a 50% settlement with card companies and obtain their promise to show my card paid in full and satisfactorily? What steps should I take? I would want a letter of agreement from each card company first before I paid them off.
Answer: yes you can upto 80% off it's going to take time get everything in writing first or you can hire someone to do this for you do your due diligence you will do well
Question: How long until I receive second settlement offer? I was injured in an auto accident last year and am in the process of settling with an insurance company. I received my first settlement offer, and my lawyer advised me to reject it and continue negotiating. I am in agreement and plan on doing this. I am curious to know how long of a time frame I can expect to wait to receive another offer. If you have been through this I would love to know how long you waited between rejecting the first offer and receiving the second one.
Some extra info- I was the passenger in a car that went off the road, sheared a pole, flipped 5 times and landed at the bed of a creek. The car was partially filled with water and we were trapped in the back of the car too far off the road to be seen. We were trapped in the vehicle for over 2 hours until I was finally able to get out and seek help. I broke my arm and have a plate and screws still in place, I had several cracked ribs, chipped front tooth, gash to my forehead which was stitched and left a 2 inch scar.
My medical bills total $32,000. First offer was $45,000, which leaves me with $12,000 after bills and attorney fees.
Answer: After your attorney rejects the offer, the insurance company should either respond that same day or within a week with a new offer.
Once authority is placed on the file, the adjuster knows what the next offer will be before the first one is even rejected.
If you feel you are waiting too long, follow up with your attorney for status.
Question: Question about a Car Accident Settlement? To sum everything up I got in an automobile accident in April where a state farm insurered driver hit the car that I was a passenger in. I have $1500 in medical bills. I don't have health insurance so the majority of the pain I just dealt through and I seem to be ok these days. I negotiated my settle by myself at first with the best of my ability. I was offered a settlement in the ammount of $18,800 for my medical bills, lost wages, and future earnings. I thought it was a pretty good setlement but who wouldn't like to have more. I consulted a lawyer just to make sure I was doing the right thing. The best I can remember I have never signed anything with my lawyer. Our agreement is that if he doesnt get any more than the $18,800 then I dont owe him anything. If he gets me more then the $18,800 is subtracted. For example if he gets me $25,800 then the $18,000 is subtracted leaving $7,000 and he gets 30% of the extra. My problem is that it has been 4-5 months and ever time he contacts the company there offer stays. They would rather us take them to court. My lawyer doesnt want to take them to court out of fear that I wont get anymore or I will actually get less in court. I am ready to settle and just move on and be happy but he is wanting to take more time to "spook" them in to offering more. If i am willing to settle since I haven't signed anything with him and I dont owe him anything can I call the insurance adjuster and resume where I left off and tell him I would like to settle and recieve a check, or do I have to wait for my lawyer to decide to finally settle and for him to give me the check?
Answer: First let me inform you that I am NOT a lawyer!!!
If you feel that the $18,800 for medical bills, lost wages, and future earnings is an acceptable sum then settle.
The lawyers want to go to court to fight, because, that is where they make their money.
If you go to court, yes, there is a chance that you will get less than what is being offered, but, at the same time there can be more money given.
Bottom line it is your choice.
Good luck.
Question: History question help! 10 points and full stars? At the conclusion of the Yalta Conference, the Allied leaders approved the Declaration of Liberated Europe. Spurred by Roosevelt, the Big Three agreed that post-war "interim governmental authorities" were to be "broadly representative of all democratic elements in the population and pledged to the earliest possible establishment through free elections of Governments responsive to the will of the people." The Declaration, coupled with the promise of a United Nations organization to maintain world peace, contributed to the general spirit of hopeful optimism that gripped western leaders following the Yalta Conference. President Roosevelt informed the Congress, after his return to the United States, that the era of "spheres of influence and balances of power" was ended.
The apparent solidarity and good will that permeated the Yalta Conference soon faded. In light of the ensuing Cold War, the post-war agreements negotiated by the Big Three remain controversial. Some historians equate Yalta with Munich and appeasement; others blame Roosevelt's deteriorating health for his failure to take a hard enough line against Stalin. The military situation in Europe, however, and the desire to bring the Soviets into the fight against Japan, called for compromise. Most of the settlements reached at Yalta—especially those pertaining to Eastern Europe—employed language vague enough to allow the Soviets to violate the spirit if not the letter of the agreements. Under the circumstances, however, there was little short of war that the U.S. and Britain could do about it.
Q: Many critics feel that the Yalta Conference did not do enough to ensure world peace following World War II. Why do so many people blame Roosevelt for the failure? Knowing that Stalin had implemented a communist government in the Soviet Union and hoped to extend it to other parts of eastern Europe, do you think that Roosevelt and Churchill could have done anything more or better?
Answer: Churchill, General George Patton, Roosevelt's own Secretary of State Cordell Hull were the only ones who truly know and spoke openly that the Russians could not be trusted and that all the gains taken by the Russians would be not given back but would be turn communist and put under Russian influence. Roosevelt spoke to Staling of this, Stalin laughed as reported by Cordell Hull that he would return all land and countries he went through to get to Berlin to their previous ousted governments. Roosevelt was an idiot and believed him. He was stupid and we paid enough money for 60 years, to fight the cold war, where no shots were fired. Roosevelt had zero confidence in the atomic bomb. So he know the Russians were dying by the millions and this is how he kept American deaths down in Europe by little "delays" But Roosevelt figured when Stalin said he would get into the war against Japan. Roosevelt was beginning to see everyone that told him about Stalin was right and forced the Manhattan Project. Because, to late, but he wised up and knew they would take over all of Japan.
But it is very funny the fist person who warned us against the Russians were the Nazis themselves. It was Josef Goebbels head of Nazi propaganda who coined the phrase, "Iron Curtain" this was noted in the book. In a Nazi radio broadcast explained with uncanny accuracy what would happen if we did not tag team up, re-arm Germany to fight the Russians. Roosevelt was naive and stupid, he was warned by people who new and the Nazis themselves but refused to listen. It was at that point, Churchill lost all respect for Roosevelt, he only appeared friendly because we supplied the British military with equipment and American to fight. Roosevelt was told about the war crimes being committed with Stalin approval, in East Prussia, Hungary, the puppet communist government installed in Czechoslovakia, and the Russian massacre in Poland in what came to be know as the "Katyn Massacre" Where the Russian's under Stalin's order took Polish government officials and almost all their generals and officer corps, dug a pit and shot them all in the back of head in eastern Poland in the Katyn Forest. Either Roosevelt was an idiot, or just wanted to tune everyone out and thought Stalin would never do those things. So There is enough proof out there to show you why Roosevelt was an idiot.
Yes, to you question what could we have done better.
We should of listened to General Patton, we had fresh troops and more in reserve, the Russians suffered the most of any "ally" 6 million troops dead. Patton could see through Stalin and wanted to create a war with the Russians and make it look like they started it. Before they could consolidate their communist power as right after the war they were too far spread out and we could of beaten them epspecially with our new B-29 bombers and a few a-bombs. There would of been no cold war, no Korean war, no Vietnam war, no spending billions of dollars over 60 years to "not fight" the soviets, no Berlin wall or communist Eastern Europe are some of the things that MAY have happened if we did something different.
Question: history help please?!?!? 4. What was the basis for conflict between farmers, cattlemen, and others involved in ranching in the late 1800s?
(Points : 3)
land use
political power
animal rights
railroad rights of way
5. What happened as the population grew in western territories?
(Points : 3)
Many people left and returned to the East.
New states such as Colorado, the Dakotas, and others were admitted to the Union.
The territories required government subsidies.
The railroads limited employment.
6. What did miners, cowboys, and railroad workers in the late 1800s have in common?
(Points : 3)
They all had previously lived in the East.
They all were very well paid for their work.
They all hoped to move Native Americans to Canada.
They all faced danger and hardships.
7. How did railroads affect western settlement in the late 1800s?
(Points : 3)
Railroads had very little effect.
Railroads provided jobs and connected markets.
Railroads transported virtually all of the settlers west.
Railroads contributed to the discovery of minerals that brought settlers west.
8. What happened to most Native Americans as the West was settled?
(Points : 3)
They received reasonable compensation for their land.
They were soon assimilated with the settlers.
They received full rights of citizenship.
They were forced off their land.
9. Why is the Battle of Little Bighorn also called Custer's Last Stand?
(Points : 3)
Custer negotiated a treaty with Sitting Bull that ended the conflict.
Sitting Bull and all of his men were massacred.
Custer and all of his men were killed.
Custer resigned his military commission immediately after the battle ended.
10. What government intervention provided farm land for Native American families, but less land for tribal use?
(Points : 3)
Tribal Settlement Agreement
Surplus Reservation Land Act
Jackson Americanization Act
Dawes Act
Answer: 4: land use.
5: New states were admitted to the Union.
6: They all faced danger and hardships.
7: Railroads provided jobs and connected markets.
8: They were forced off their land.
9: Custer and all of his men were killed.
10: The Dawes Act.
are definitely the correct answers.
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