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Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5708
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My husband has had a minor civil action taken out against

Customer Question

My husband has had a minor civil action taken out against him, in the South Australia Magistrate's court (civil div.) and was served a few days ago. The plaintiff has directed a solicitor to act on their behalf and my husband is in the process of filing a "Defence and Counterclaim" to reply to the court and the plaintiffs solicitor. Since the claim has been taken out, we've received numerous phone calls, from the plaintiff, trying to speak with my husband. Some of the calls have been received by friends that have been taking care of me, during a brief illness. The plaintiff has discussed the claim against my husband and tried vigorously to seek out information from them. They have been quizzed on their identity and asked many questions, to which they have no knowledge. My husband contact their solicitor to complain that we were receiving harassing phone calls from them, only to be told that, "they can call as much as they want and just pay the money and they'll stop ringing" My husband informed the Solicitor that he's responding with a defence and suggested that, as the claim has been filed with the court and he's acting on their behalf, shouldn't the plaintiff cease contacting us? His reply was NO! They can do whatever they want! Can you please tell me if we have to accept this harassment from them? We just want the opportunity to respond and have our side heard in court, without being bombarded with harassing calls from the plaintiff.
Your advise is greatly appreciated.
Sincerely, Julie
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.
Their solicitor should be undertaking all liaising with you and husband.
If they continue the harassment, you should contact the police and have a restraining order made against them.
It is a stalk / intimidation manner in which they act, they can be charged with intimidation criminal charges should it persist.
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