Legal Question in Credit and Debt Law in Florida

court small claims hearings.
My wife recently had to go to sm/clms court for a debt incurred prior to our marriage...she went to a hearing with a mediator...my wife presented a response to the opposing attorneys claims and also asked for info...this was thrown out ..she wasn't exactly sure why..something about not being signed by an attorney..the hearing was very one sided and my wife came out very upset mostly because she didn't understand anything that happened..she made an offer, it was declined and she wound up paying the full amount asked for plus interest on the unpaid balance..at our age, she'll be dead before its paid...now here's the kicker....the mediator, called my wife at our home later in the day, explaining how a reverse mortgage would help her ( us ) out of this debt...the mediator asked my wife, how much we owed on our mortgage, the payments the value, (at this point she agreed with the present value indicating to me she had already looked it up in public records ) and many other personal questions..at this point, she indicated that she would be happy to come to our home some evening to explain the benefits of a reverse mortgage...
Isn't this a conflict of interest..she stands to benefit if people come out of her hearings owing lots of mony

Asked on 9/04/07, 4:21 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: court small claims hearings.

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Yes, this certainly seems out of line for the mediator to call your wife and offer to sell her a reverse mortgage. Your wife should immediately report this mediator to the judge whose court she was to have appeared in and/or to the court administrator. This definitely seems to be improper.

Scott R. Jay, Esq.

Answered on 9/11/07, 12:39 pm

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