WHAT IS A RULE 11 AGREEMENT IN TEXAS?
The Rule 11 Agreement - who would have thunk - does indeed takes its name from Rule 11. Rule Eleven of the Texas Rules of Civil Procedure (TRCP). The only distraction is that in federal court Rule 11 is the sanctions rule, which in Texas state court has the - arguably more appropriate and ominous - designation as Rule 13.
Be that is it may, the critical requirement set forth in Rule 11 is that a valid Rule 11 agreement must be in writing and signed. It operates as the equivalent of a statute of frauds and has the character of a contract. Caselaw on that later. Unless the agreement is lost or destroyed, the filing requirement is not a big deal, but if nothing is signed in the first instance, then there nothing to file that satisfies the rule, belatedly or otherwise.
TEXAS OF RULE 11. AGREEMENTS TO BE IN WRITING
Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.
RELATED CONCEPTS: agreements, mediated settlement agreements, agreements on procedure, nonsubstantive agreements, stipulation
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MidFirst Bank(Midland Mortgage Co)defence attorney's along with our attorney sign a rule 11 agreement letter on May 6, 2009 and filed with the courts in Galveston,Tx.We never signed the settlement agreement and mutual release because we did not agree with all the terms.The suit included Barrett Burke Wilson Castle Daffin Frappier also.When we refused both defendants filed for summary judgement asking the 405th district court to force my husband and I to sign the settlement agreement.We have been pro se since June 2009.The court ruled in Midland and BBWCDF favor enforcing an unsigned, undeliverd, unagreeable settlement agreement forcing us to accept the illegal terms and the 40,000 check from the defendants.The Color Of Law has been violated here,Statue Of Frauds should apply. What we find shocking is how unfair Pro Se Litigants are treated in the courts. These defedants violated our 2000 Discharge Order by trying to collect on the FHA/HUD discharged debt for over 5 yrs. BBWCDF had the stay lifted in 1996 but sat on it till this very day.They also violated the FDCPA.So in our case the Tex.R.Civ.P.11 OR 13 does not apply.We never knew that a judge could force you to sign an illegal contract has Ambiguity in it,it is overreaching,unconscionable,there was no meeting of the minds,it favors both defendants.It also states that if the attorneys of records violated any rules, we can not file on them either.UNSIGNED AND UNDELIVERED SETTLEMENT DOCUMENTS DO NOT ESTABLISH AN INTENT TO BE BOUND.
ReplyDeleteWell,we wont sign it,it's not right,it's unfair and it's almost liken unto an outside Lynching.
Google Prince Ella Green or "ZOMBIE DEBT REFUSE TO DIE"
An invalid Rule 11 agreement,how does a Trial Court allow attorney's to sign and file one that does not conform to the Tex.R.Civ.P 11? I forgot,if you are a Pro Se Litigant there is little respect in the judicial system when it comes to protected rights.We filed a consumer lawsuit in Feb.2008 because MidFirst Bank bought an FHA/HUD debt that was discharged in 2000(Midland Mortgage is the FHA Servicer).Due to an on the job injury in 91,we filed for B.R.in 95',thought we had a fresh start in 2000.We thought the court process was fair,no doubt the
ReplyDelete"Automatic Stay" has been violated over 10 yrs,
the debt continues in our name to date,google
"ZOMBIE DEBTS REFUSE TO DIE".Midland Mortgage and Barrett Burke Wilson Castle Daffin Frappier
sent our former attorney an invalid Rule 11 agreement letter to sign stating that the case was settle,but that the settlement docs were yet being worked on.Based on the Statute Of Frauds, the docs must be in writting and signed,we never signed them niether did we see the doc.We ask our attorney to withdraw and we informed the court that the rule ll was invalid and that Steven Leyh filed 2 unsigned settlement agree-
ments in his Summary Judgment that we never saw.Based on Defendants SJ evidence and untrue statements that we said we were going to sign the contract on May 11,2009,on that day my wife was in a hospital unable to contract because of the Defendants overreaching conduct for yrs.Judge Wayne Mallia,inspite of the hospital business affidavit that my wife on May 11 was unable to contract and in the hospital, granted them SJ. It was ORDERED and DECREED that we execute the S A,sign it and accept the 40,000 whether we agree or not,we dont agree!!.Now what would would you do? SIGN? We smell conspiracy,
"FRAUD UPON THE COURT" Look we never agreed to the terms of the illegal SA.So Dece 31,2009 we filed a CIVIL RIGHTS lawsuit against the judge,
3 attorneys,Jeff Records,Midland,MidFirst under Color Of Law,42 USC 1981,1983,1985,1986,1988 and Constitutional Deprivation,42 USC Sec 241,1001,
242. 10 yrs is a long time to fight for justice
of a discharge order that was granted in 2000,
what good is the order when we're facing jail time or a fine if we dont sign the unagreeable SA.One thing for sure Pro Se Litigants are on there own in most courts.We've burned the dis-
charge order,it means nothing,the Tex.R.Civ.P 11, nor the rule of law,they just dont apply to us. JAMES GREEN