debtfighter Posted March 22, 2012 Report Share Posted March 22, 2012 I have had a case in Court for almost a year with Midland, from an old GE Money Bank account that is far outside the SOL. Yet, they keep sending me letters of collection including interest and penalties. Isn't this an ex parte communication? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 It's not an ex parte communication because you are in on the communication. Ex parte would be if they talked to the judge about the case with you not around. However, I'd argue you at worse it's an FDCPA violation for harrassment and at best a violation of the rules of procedure in your area. I'd move for a protective order against them and argue they are violating the rules of procedure by flooding you with communications that do not conform to the rules of procedure. That would really tick them off to have a judge order that any communication they make with you, they have to get permission from the court. I'd do it. Link to comment Share on other sites More sharing options...
debtfighter Posted March 23, 2012 Author Report Share Posted March 23, 2012 (edited) Isn't ex parte since they are represented by an attorney? They need to communicate through him. Edited March 23, 2012 by debtfighter Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 Yeah, you know, I think you're right on that. I did not even think of that. I just had communication with the judge on my mind. Yes, that is improper communication with you, harrassment, and a violation that I might move to dismiss and ask for the sanction, with prejudice. Link to comment Share on other sites More sharing options...
debtfighter Posted March 23, 2012 Author Report Share Posted March 23, 2012 That is what I was thinking. I have to research further. They should not be able to keep calling me non stop and sending me letters. Not with a Court case on the docket. Link to comment Share on other sites More sharing options...
debtfighter Posted March 23, 2012 Author Report Share Posted March 23, 2012 They can't win. I knew that all along. Now, I think I will amend my response and include a counter claim. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 23, 2012 Report Share Posted March 23, 2012 I would, what are they going to claim, they did not know that an attorney handles the case after they sue? They only file thousands of suits a year, it's not like a small doctors office that only sues a few times a year, where something like that might be expected. I'd also move the court for court ordered sanctions seprate from a counterclaim. Link to comment Share on other sites More sharing options...
debtfighter Posted March 23, 2012 Author Report Share Posted March 23, 2012 Good advice my friend. I like your thinking.... Link to comment Share on other sites More sharing options...
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