In a Rule 11 agreement regarding divorce both parties were instructed only take items listed on the division of personal property. One party took way more personal property than instructed on the Rule 11 agreement. Is a Rule 11 agreement enforcable?
Country relating to Question: United StatesState (if USA): Texas
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. Please note that there may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon as I can.Yes, it is enforceable. If both parties agreed to it, and the judge signed off on it, each party is bound by that agreement. If one party took items that the agreement did not allow that person to have, the other could file a Petition to have the person held in Contempt of Court.Before doing that, one option is to send a letter, with the agreement attached, explaining which items should not have been taken, and explaining that the other party has a certain number of days to return them to avoid going back to court. That does work sometimes, if the letter is sent via Certified Mail, because that lets them know that you mean business, and can often get them to act to avoid getting in trouble with the judge. Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.
Attorney with experience in family law.
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