Date Received: 2018-05-23T00:00:00
Product: Other debt
Issue: False statements or representation
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: XXXX XXXX XXXX CONTRACTED WITH XXXX XXXX XXXX AND THE MATTER WAS TO BE HEARD BEFORE A XXXX XXXX SUPERIOR COURT ON XX/XX/XXXX UNDER CAUSE NUMBER XXXX.
ON THAT DATE AND UPON ARRIVING AT THE COURTHOUSE, XXXX XXXX WAS APPROACHED BY XXXX XXXXXXXX XXXX XXXX. HE INFORMED HER THAT HE WAS AN ATTORNEY FOR XXXX XXXX XXXX. AND THAT XXXX XXXX XXXX WOULD NOT HAVE TO APPEAR IN COURT IF SHE WOULD SIGN A SETTLEMENT AGREEMENT.
XXXX XXXX, WITHOUT THE BENEFIT OF COUNSEL, SIGNED A DOCUMENT ENTITLED ” NOTICE TO DEFENDENT ” THE SETTLEMENT AGREEMENT.
AFTER GIVING LEGAL ADVICE TO XXXX XXXX AND SECURING A SIGNATURE ON A LEGALLY BINDING DOCUMENT, XXXX XXXX THEN REPRESENTED TO THE COURT THE FOLLOWING : ” 1 ) XXXX XXXX CONTACTED XXXX XXXX IN XX/XX/XXXX ) THE PARTIES AGREED THAT DEFENDANT NEED NOT APPEAR IN COURT FOR THE XX/XX/XXXXXX/XX/XXXX HEARING ” HERE, XXXX XXXX MISREPRESENTED TO THE COURT NOT ONLY 1 ) WHO INITIATED THE INITIAL CONTACT, 2 ) WHEN THIS CONTACT OCCURED, BUT ALSO 3 ) THE REASON WHY XXXX XXXX DID NOT APPEAR IN COURT FOR THE XX/XX/XXXX HEARING.
XXXX XXXX XXXX COMMUNICATION WITH XXXX XXXX IS A VIOLATION OF RULE 1.8 ( CONFLICTS OF INTEREST ) AS MY CLIENT WAS 1 ) UNREPRESENTED, 2 ) WAS NOT GIVEN A REASONABLE TIME TO SEEK OUTSIDE COUNCIL, NOR 3 ) SIGED ANY WRITING WHICH WOULD ABSOLVE XXXX XXXX OF THIS CONFLICT.
PURSUANT TO RULE 1.8 OF THE INDIANA RULES OF PROFESSIONAL CONDUCT, XXXX XXXX XXXXS FORBIDDEN FROM SETTLING CLAIMS WITH UNREPRESENTED PARTIES WITHOUT MEETING THE WRITING REQUIREMENT AND GIVING A REASONABLE OPPORTUNITY FOR THE UNREPESENTED PARTY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL.
Company: MIDCOUNTRY FINANCIAL CORP
State/Zip: IN 461XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2914317
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