The second type of disability pay a member may receive is disability compensation from the Department of Veteran's Affairs ("VA disability compensation").

Let's return to the example of Colonel Jessup, and flash back to his breakfast with the Navy Judge Advocates. Again, Colonel Jessup is advising them: "You want to investigate me, roll the dice and take your chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for one second that you can come down here, flash a badge, and make me...."

Just then, one of the legs of Colonel Jessup's chair snaps. However, Colonel Jessup's lightning-quick reflexes enable him to reach out, grab the table, and stop himself from falling. He is a bit embarrassed, but uninjured.

The investigation into the adultery charge against Colonel Jessup proceeds, and the investigators find incontrovertible evidence that the Colonel had indeed committed the crime. In order to avoid a court-martial, Colonel Jessup agrees to quietly retire.

Again, for the purposes of this example, assume Colonel Jessup has an active duty base pay of $3,000 per month; thus, with 20 years active duty service, the Colonel's normal retired pay will be $1,500 per month ($3,000 x 20 years x 2.5%).

However, as part of his processing out of the military, Colonel Jessup applies for VA disability compensation, based on a number of chronic injuries he has endured over the course of his storied military career. Colonel Jessup enters the civilian world.

The former Mrs. Jessup's attorney makes sure that DFAS receives the Virginia court order awarding her 50% of Colonel Jessup's disposable retired pay. DFAS honors the order, and begins distributing Colonel Jessup's military retirement, $750 to the Colonel and $750 to the former Mrs. Jessup.

Seven months after his retirement, Colonel Jessup's application for VA disability compensation is approved. For his chronic injuries, Colonel Jessup will be entitled to receive $1,200 per month in VA disability compensation, if he waives an equivalent amount of his military retired pay.

What is the benefit to Colonel Jessup of waiving $1,200 per month of his retired pay in exchange for $1,200 per month in VA disability compensation? First, the Colonel will receive a big tax benefit. VA disability compensation, unlike military retired pay, is tax-free!

Second, the VA disability compensation offers Colonel Jessup a unique opportunity to retaliate against the former Mrs. Jessup. The USFSPA provides that the retired pay waived by Colonel Jessup in order to receive VA disability compensation is not divisible by state courts or DFAS. Thus, once the Colonel waives $1,200 of his military retired pay in exchange for $1,200 of VA disability compensation, DFAS will divide only the remaining $300 of retired pay.

If your debts get to the stage where a bailiff comes knocking at your door to seize goods, it can be a very distressing experience. However, if you know your rights and the law beforehand, this can alleviate some of the stress and make the situation much more manageable.
This guide to the regulations on bailiffs refers to England and Wales only.
What is a bailiff?
First of all, back to basics – what is a bailiff? A bailiff is someone who collects a debt on behalf of someone to whom you owe money (a creditor).
There are different types of bailiffs – county court, certified and private. County court bailiffs are employed by the local authority, certified bailiffs are employed by a private debt collection company but have provided references to the local authority to confirm their suitability to work as bailiffs.
All types of bailiff must adhere to the same general regulations, although some have more power than others to collect debts.
When is a bailiff authorised to enter your house?
A bailiff might be employed to collect debts such as magistrates court fines, county court judgements, unpaid council tax, outstanding child support or maintenance, or overdue rent.
Legal authority must be granted by the court to permit a bailiff to enter your house. There are different terms for the authority depending on the type of debt. For county court judgements, a warrant of execution is required. Other types are a liability order or a distress warrant for unpaid fines, council tax or maintenance from the magistrates court.
Sometimes creditors (or the debt collection agencies working on their behalf) may send representatives as ‘counsellors’, ‘advisors’ or ‘collectors’ to negotiate the repayment of the debt with you. These people are not bailiffs and they have no right to enter your home or seize any goods.
Ask the bailiff for identification and for their warrant to enter your house – they must provide these if you request to see them.
You will be given at least seven or 14 days’ notice of the bailiff’s visit, depending on the type of warrant granted. However, you could receive a visit at any time of day – there are no regulations as to when bailiffs must call (except for those collecting rent, who must call between dawn and dusk).
A bailiff can’t enter your house if the only person present is under 18m, and they can’t enter at all if there’s a child under 12 in the house, even if there’s an adult present.
Do you have to let them in?
Under most circumstances, bailiffs are not allowed gain entry to your house by force. Either you must invite them into your home, or they can come in through an unlocked door or open window. They’re allowed to climb over walls, gates and fences to get to your property, but they’re not allowed to knock them down. And they can’t force their way past you if you answer the door.
As a result of these restrictions, bailiffs often employ other methods to enter your house peacefully. They may ask you to take pity on them and let them inside if it’s raining, or they may request to use your phone to speak to the creditor or debt collection agency. They may also bring along police officers if they believe there may be a disturbance, which can be very intimidating. However, you don’t have to agree to any of these – even if the police are present.
What will the bailiffs do if you let them in?
If a bailiff gains entry to your house by peaceful means, they can then take goods belonging to the person named on the warrant to cover the cost of the debt if the person can’t pay by other means. It can be difficult to prove who owns the goods, but the onus is on you. Normally the bailiff will be able to take the goods and it is up to you afterwards to provide evidence of ownership if they do not belong to you.
When inside, bailiffs are allowed to break down locked doors or cupboards, and after you’ve allowed them into your house once, they have the right to enter again with or without your permission – and they can even break a door or window to do so.
You have no right to forcibly remove a bailiff from your property after they have entered and you could be charged with assault if you do.
What goods can a bailiff take?
There are some restrictions as to what items a bailiff is allowed to remove from your property. Only non-essential items can be seized to cover the debt, i.e. they must not take items that you need for basic living, such as a cooker, a fridge, a bed, clothing or equipment or vehicles that you need to carry out your job. However, they’re entitled to take items such as a microwave oven, a hi-fi, a DVD player or a second television set, as these are considered luxuries rather than essentials.
To express their intention as to what goods they will take, the bailiff will either put a note on them, touch them, point at them or tell you. This is known as levying distress upon goods.
They’re most likely to take the items away immediately, although they could leave someone to guard them until they are able to collect them.
Can you hide goods in advance of a bailiff visit?
Unless your debt is rent arrears, it’s not illegal to hide goods or take them away from your house before the bailiff comes. However, if the bailiff obtains peaceful entry to your house and suspects you have hidden goods, they may return unexpectedly to look for the items they believe you have hidden.
Is there a charge for a bailiff visit?
You will be charged a fee every time a bailiff has to come to your house. The bailiffs will also charge for removing, storing and selling your goods, which is likely to be done at auction. And your items won’t be likely to fetch a good price at auction. They normally only sell for around 10% of their original value. So even if your debt is only £100, the bailiffs will be entitled to seize goods up to the value of £1,000 to cover the debt.
Are there any alternatives to losing your goods?
One solution that will allow you to keep the goods in your house is a walking possession order, in which the bailiff owns the seized goods but allows you to keep and use them as long as you stick to your part of an agreed repayment plan.
In order to seize goods for a walking possession order, the bailiff must gain peaceful entry into your house. One trick that some bailiffs may have up their sleeve is to make a list of goods that they have seen through a window and then post the order through the letterbox. You should not sign any order that has been taken out in this way.
Walking possession orders are subject to a fee – you will be charged daily for as long as it is in place.
Another potential solution is to attempt to negotiate – although this will probably only be effective at earlier stages of the debt recovery process, before the bailiff’s visit. You’re more likely to be able to come to a manageable agreement with your creditor if you keep communicating with them so that they understand your situation, rather than ignoring the repayment demands they send. As soon as you get notice of a bailiff visit, start negotiations with the creditor or debt collection agency immediately to try to agree on repayments and persuade them to cancel the bailiff’s warrant

Anywhere in the United States, numerous accidents causing both minor and serious personal injuries have tremendously increased over the past few years. The continuing increase in the number of accidents has caused alarm most especially all over California with many asking what could be the very main reason why these accidents are still taking place and how come they are so hard to be prevented.

According to surveys, the primary reason why accidents are happening is because in one way or another, a person is being negligent or reckless in his or her conduct and affairs. Statistics further showed that an accident that happened could have been easily prevented if the persons involved in such an accident exercised the proper care and diligence that was required under the circumstances. For example, a vehicle accident is easily preventable if motorists would only faithfully and completely follow the prevailing traffic rules and regulations in the streets or roads where they are into. On the other hand, a simple case of slip and fall could also be avoided if the owner, proprietor or manager of a particular property exercises the due diligence required in the maintenance and operation of the premises he or she operates or manages. Furthermore, a medical malpractice can easily be prevented if the physician, nurse, medical personnel and their assistants would only follow the prescribed medical standards during an operation or even just in the prescription of a particular medicine.

A few months ago, I wrote an article entitled "How to Start a Business in Panama" which was first published in The Visitor/El Visitante. I summarized the long process involving several national and local government offices in order to start a business in Panama. Soon all of that will change.

New Law: January 11, 2007 embarked a new era for businesses in Panama. On that day, President Torrijos signed a new law (Law 5 of 2007) eliminating all of the numerous licenses, permits, and bureaucracy required to open a new business. This law becomes effective on July 11 when the entire business licensing process will go online.

PanamaEmprende is the name of this online system that allows people to create new businesses via the Internet. In addition, this new system allows all required fees paid by credit card online. Experts estimate that it now takes 52 days to start a new business in Panama. PanamaEmprende will do it in just 20 minutes.

Instead of some new businesses having to take 180+ licensing steps, this new system can do it with just a few steps. Every unregulated new business can quickly open for business using this online service. This includes: retail stores, restaurants, car rentals, auto repair shops, distributors, wholesalers, just to name a few.Regulated businesses can also use this system once their regulators have approved them. These include: law offices, banks, insurance companies, contractors, gun shops, and energy producers.

The new system eliminates the following requirements that current businesses must comply with: o Commercial Licenseo Health Operational Permitso New Tax Account (tax id number) from Ministry of Economics & Finance and local Municipalities

o All local government approvals

o IPAT (Tourism Agency) new tax account

o New Social Security Employer number

In military divorce cases, Virginia courts are allowed by the federal Uniformed Services Former Spouses Protection Act (the USFSPA) to award the service members former spouse a portion of his or her disposable retired pay. The USFSPA excludes from the definition of disposable retired pay any disability pay the service member receives.

A service member may receive one of two different types of disability pay, both of which are excluded from the USFSPA definition of disposable retired pay: (1) military disability retired pay, and (2) VA disability compensation. The exclusion of disability pay benefits from the definition of disposable retired pay means that the former spouse of a service member may lose out on hundreds or thousands of dollars per month that he or she might otherwise have received in a division of the member's disposable retired pay.

Military disability retired pay is available for those service members who are sufficiently disabled that they cannot perform their assigned duties. If a member has enough creditable service, the member may be placed on the "disability retired list" and may begin to draw disability retired pay.

Let's look at the example of (the entirely hypothetical) Marine Colonel Jessup. A year ago, Colonel Jessup left his wife in Virginia and took a new set of orders to Naval Base Guantanamo, in Guantanamo Bay, Cuba. The Colonel told his wife that he would "send for her" once he got settled in Cuba. However, soon after arriving at "Gitmo," the Colonel fell in love with a younger Cuban woman, and told his wife their marriage was over.

Colonel Jessup's wife has now been granted a divorce from the Colonel in Virginia (her current place of residence) on the ground of desertion. The Virginia court has awarded the now former Mrs. Jessup 50% of Colonel Jessup's disposable retired pay. But that wasn't enough for the scorned Mrs. Jessup. She also filed a charge of adultery against Colonel Jessup with the Marine Corps.

Colonel Jessup is now having breakfast on base with two intrepid Navy Judge Advocates conducting an investigation of the adultery charge. Colonel Jessup is explaining to them: "You want to investigate me, roll the dice and take your chances. I eat breakfast 300 yards from 4000 Cubans who are trained to kill me, so don't think for one second that you can come down here, flash a badge, and make me...."

Just then, one of the legs of Colonel Jessup's chair snaps, causing him to fall awkwardly to the floor. Colonel Jessup is rushed to the hospital, where doctors find that that he has cracked several vertebrae in his back. Colonel Jessup's days in the Marine Corps are over. The Colonel applies for military disability from the Corps. The Marine Corps rates Colonel Jessup as 40% disabled, and incidentally drops the adultery charge against him.