Thursday, August 20, 2009

TRCP 7: Appearing Pro Se or with hired gun (licensed attorney)

Tex. R. Civ. P. 7 (seven) authorizes appearance in court and court proceedings either personally without attorney, or with and through counsel.

It may result in a situation of having a fool or a lawyer for a client client, or both, but litigants are permitted to appear without an attorney. In Texas we usually refer to unrepresented parties as pro se, as opposed to pro per or in propria persona. Note that a corporation is generally not permitted to appear pro se through a nonlawyer officer or director, something not mentioned here.

RULE 7. MAY APPEAR BY ATTORNEY

Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court.

1 comment:

  1. Everyone that appear Pro Se is not doing so because they're looking to save money,but maybe they've been stole out,I mean Sold out by their Attorney.I can say this,there is very little justice in the COURTS when it comes to Pro Se Litigants,they are treated like second class citizen,an underclass.After an on the job injury we filed in 95 for 13 bankruptcy,the FHA debt was discharged in 2000.Cenlar sold the discharged debt to Aurora,they sold it to MidFirst Bank,Midland Mortage is the FHA/HUD Servicer of the discharged debt.After almost 10 yrs.of them attempting to collect in spite of a Discharge Order and reporting it on our credit, we filed a lawsuit in Feb 2008 and Barrett Burke Castle Daffin Frappier a Law Firm debt collector who represent Midland was included.June 2009 we were forced to go Pro Se in Galveston 405th district court,boy did we get a wake up call.Attorney Steven Leyh filed 2 never before seen settlement agreements in Defendents Summary Judgement stating that we verbaly agreed on May 11,2009.We filed proof in our pleading that on May 11,2009 that I was in a Houston hospital, my husband some 50 miles away on May 11th.We informed the judge in open court that it was a lie and there was FRAUD UPON THE COURT.Also that our attorney had filed a Rule 11 agreement that did not comply with Tex.R.Civ.P.11 OR 13,all this was done while i was in the hospital for 8 days, unable to contract.We told Judge Mallia that we never agreed to the ambigous,illegal contract in Aug 2009,that did not matter.Midland and BBWCDF was granted S.J. Sept 4, 2009.Judgement was"ORDERED,ADJUDGED AND DECREED,
    that Plintiffs execute the Mutual Release as presented to Plaintiffs by Defendants in May..the rest is history.The judge is making us sign the illegal contract and accept the 40,000.
    But we never agreed or saw the settlement on May 11th.Tex Statute of Fraud was by passed,Rule 11,Rule 13 and the misconduct of the ATTORNEY'S.
    We thought we'd get a fair trial not a Lynching.
    Cenlar and Aurora was non-suited in May 2009.No
    justice if you are Pro Se. Over 10yrs of abuse at the hands of debt collector,then to get slamed dunked at the place of justice. The judge did what they could not do, now the discharged debt is ours all over again,they have it in the contract also.Googl"Zombie Debt Refuse To Die"

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