what is a duly executed settlement agreement?
100901
The term "duly executed" means that all formalities that the law requires for such a document have been done to the best of the parties' abilities and that all parties intend that the document shall represent their final agreement on a matter and have signified such by signing the document (usually before witnesses and/or a notary public).
223705
A settlement, if the cash is there for you to receive, will generally be paid to both you and your attorney. It will be placed in a trust account, then the lawyer will give you your share, and his/her share will be taken from the trust account and placed in their operating account. Your lawyer will get their money at the same time that you get yours. Quite often the check will be written payable to John Doe in c/o his attorney, Willey, Cheatem, & Howe, PA. I know that was a bad joke, but I couldn't resist. I work for lawyers. Bear in mind, that you can be awarded a $30K settlement, but it's only as good as the party's ability to pay those funds.
599774
I think it is treated as a signed contract butit is up to the courts to decide
637645
I recieved an unsolicited offer to handle payments made to the company.  Could not find anything on them.  Are they legitimate?
471653
Like most any other legal dispute, most settlements take place during voluntary mediation, court-ordered arbitration, or just before trial. The "settlement on the courthouse steps" isn't just an old-wife's tale - it happens every day.\n\nThat being said, there's another wrinkle with FMLA cases - recent court decisions have left uncertainty about the role of the Department of Labor in "approving" the waiver or release of FMLA claims.\n\nThis is definitely a question to discuss with your lawyer. His/her legal strategy is something you should understand, and feel comfortable with.\n\nP.S. Shop around to get a feel for local contingency fees. Fees are generally set by whatever the local market can (and will) bear, and attorneys are prohibited from conspiring to establish a particular "local" fee. Most lawyers will provide an initial consultation free of charge, so don't be afraid to call around.
663477
Take her to court. If she made a verbal contract with you, then she is liable to uphold her end of the deal. \n\nYou have enough evidence for a court to agree with you, I would hope.\n\nProviding she purchased the supplies, that alone should show a preponderance of evidence that she intended for you to make her a product which she intended on purchasing.
379081
In the event of default on the part of a buyer or seller. \n\nThe damaged party may request 'specific performance' via a arbitration, mediation or a court proceeding.\n\nIn a real estate contract this usually refers to a remedy that includes the fufillment of the sale & purchase contract.\n\nI am not a lawyer and I have not read your agreement.
100866
The amount of the QDRO (qualified domestic relations order) is determined by the court division of assets if it is included.  It could be none or all of the assets depending on the verdict.  Eek!  \n\nOther than that, I would ask an attorney about garnishment of wages or being sued.  I will say this...how do you think OJ has enough money to play golf?  NFL pension...
818139
Read the agreement or rules.  If it isn't, it will say so.
226133
Contract must have a legal purpose\nIt must have mutual agreement by people capable of contracting\nIt must have been mutually understood\nIt must have consideration - each side giving something of value\nIt must have reasonably complete terms as to the items traded, the time, place and manner of performance.\nIt must be evidenced by a writing if over $500.00 (usually) or if performance might take longer than a year.
677212
Letter of Intent\n\nKind of like a pre-contract where you agree to purchase (real property or goods) at certain basic terms, with the rest of the terms to be agreed in the final contract.
869869
No.\n\nUS law dictates that any sale of goods or services over $500 has to be in writing.  If I remember my real estate law class from university correctly, it's called the UCC (Uniform Commercial Code). Verbal contracts are non-binding in this case.  \n\nThe written contract takes precident.  And here, most real estate sales contracts are worded so that they can back out anytime they want to.  \n\nI learned this the hard way where the same thing happened to me, where a seller backed out on a verbal contract after promising to sell a house to us.  My wife and I quit our apartment in the Bay Area and were effectively homeless unless we could find a new house.  We ended up tracking them down, begging them to reconsider.  Contacted a lawyers, but as you already know - didn't have a leg to stand on. \n\nIt all worked out in the end.  I didn't go homeless. If you believe in Karma, then what comes around goes around.  Don't get pissed, just know that bad things eventually happen to people who don't live an honest life.
572847
Did you read the "fine print" in the loan contract? Looks like you need a lawyer.
968044
Two years is actually fast in legal terms to conclude a claim.  Usually, the carriers pay quickly to close the file; I'm fairly positive your attorney will receive the Joint Tortfeasor Release and Indemnity Agreement within a few days of the agreed upon settlement.  After you have signed the documents, the carrier cannot "take" the money "back" unless you somehow obtained it fraudulently.
491544
Simple. You just attach an extra document with the additional agreement to the contract. Signed and dated by each party.
993022
The statute of frauds says that a contract regarding the sale of land must be in writing to be enforceable.  That means that a verbal agreement is useless if one party or the other wants to not go through with it,  but would be enough if both parties wanted to. \nSo, there is no contract to enforce. The only thing you could do is go to court to get damages for the money you spent in reasonable anticipation of this contract happening, but you might not get that.
882527
To answer the question you'd have to know more: \n1) what does the contract say?  Ordinarily it would contain a paragraph stating that the contract contains the full understanding between the parties, etc.\n2) what law applies - this, too, may be specified in the agreement.