QUESTION
What type of lawyer do I need to hire if I had a Rule 11 Agreement with someone and they didn''t pay what was outlined in it?
Asked on Jun 07th, 2012 on Breach of Contract - Texas
More details to this question:
I had an ex-boyfriend who opened credit cards in my name and charged up about $30,000 on them. After late fees, over limit fees, etc... the amount owed was over $40,000. I got a lawyer friend to help out and the ex-boyfriend got a lawyer. We all four sat down and signed a rule 11 agreement. The agreement outlined how much was owed and the interest rate agreed upon. A judegment was supposed to be put on his credit if he defaulted on the agreement but I don''t think that happened. I want to pursue collection on this debt, but I am not sure where to start. I don''t know what type of lawyer I need. I appreciate any guidance.
1 ANSWER
I'm not familiar with the type of agreement you refer to. In Federal courts, Rule 11 is a rule relating to frivolous litigation, which doesn't seem to be the case here. From what you've written, however, the agreement to which you refer seems to be a settlement agreement, which already provides for entry of judgment upon default. If this is so, you would probably be best served by an attorney who specializes in collections. Many such attorneys charge their fees as a percentage of what they collect, so that you will not have to pay the attorney if he is unable to collect anything. However, there may be expenses other than attorneys' fees, such as process serving fees, for which you would be responsible.
Answered on Jun 07th, 2012 at 6:58 PM