Out Of Court Settlement

[weplumcrazy]

What is the name of your state? TEXAS

An out of court settlement is made at an attorney's office with both the plaintiff and defendant and both attorneys present. The defendant has 14 days in which to make payment of agreed settlement to plaintiff in form of certified check to plaintiff's attorney.

What happens if the defendant does not make the payment within the 14 days?


Thanks for your response.

 

[justalayman]

you continue with the lawsuit.

 

[weplumcrazy]

This is not a breach of contract?

 

[FlyingRon]

This is not a breach of contract?

Of course it is, so you procede with the lawsuit.

 

[beta]

"Breach of Contract"! Absolutely!! If the arrangements are not kept, then the Attorney can enforce collection action in the form of liens garnishment, freezing assets etc!

 

[FlyingRon]

"Breach of Contract"! Absolutely!! If the arrangements are not kept, then the Attorney can enforce collection action in the form of liens garnishment, freezing assets etc!

An attorney can't do any of those things. He has to get a court to do those. Proceed with the lawsuit.

 

[weplumcrazy]

This was signed as a Rule 11 Agreement. It states in the last sentence that "parties agree that this Rule 11 agreement can be enforced pursuant to the Texas Rules of Civil Procedure"

I've looked at the TRCP but I did not see where it said how the Rule 11 Agreement is enforced. How is the Rule 11 Agreement enforced?

 

[FlyingRon]

d. How is the Rule 11 Agreement enforced?

By going to court.