Plaintiff serving personal injury summons

J

John joe

Registered User
Messages
98
I am in the process of serving a personal injury summons on two of the defendants in my case. I understand that this is a personal service.

Q1. What if the defendant refuses to accept?

Q.2 When I arrive to the house and the defendant is not there, can it be gave to someone else in the household (mother, father, bro or sis)?

Q.3. If the defendant is out of the county which I think may be the case, what happens here?

Q4 What happens after the summons is served?
 
Q1. You show him the original, give him a copy and walk off. If he doesn't take it just touch him with it and then drop it and walk off. Not a very pleasant thing to do, sometimes its better to have someone in the car ready to drive off to make a quick escape!
Q2. Personal service is exactly that. In some areas there are summons servers that will serve it for you for a fee. If you cannot get him after reasonable efforts it may be possible to apply for substituted service e.g. serve by post, on family member etc.
Q3. If the defendant is not resident you will have to apply for leave to serve outside the jurisdiction.
Q4. The defendants have a set amount of time to enter an appearance to the summons and usually do so through their solicitor or their insurance companies solicitor.
 
If you are going through a solicitor why not have them organise service.
 
FKH said:
If you are going through a solicitor why not have them organise service.
Click to expand...


I think you'll find ( if you look at OP's other posts) that the OP has no time for solicitors preferring to rely on internet websites for his advices.

mf
 
OP's case sounds very peculiar. It sounds as if it is going backwards. The case was due in the High Court a couple of months ago and now the summons is being served. Quite strange but what do us lawyers know.
 
Hell, I've had a bad experience with most types of job at one time or another but I wouldn't never use them again! (even solicitors)
 
After reading all the OP's threads I don't really get why there are multiple defendants. Who is actually being sued by the OP? I'm presuming the driver of another car but who else?
 
Thank you Dazza21ie for the info. I went to the defendants house yesterday and he wasn't there but his parents said he was working away from home. Also the other defendants is also in the U.S
My question is can the P.I Summons be delivered by registered mail if it is difficult to get it delivered in person?
 
dazza21ie said:
OP's case sounds very peculiar. It sounds as if it is going backwards. The case was due in the High Court a couple of months ago and now the summons is being served. Quite strange but what do us lawyers know.
Click to expand...

Can a plaintiff personally serve the defendant in the case - I always assumed that they could not due to their own personal involvement and it had to be done via document server or solicitor etc?
 
John joe said:
Thank you Dazza21ie for the info. I went to the defendants house yesterday and he wasn't there but his parents said he was working away from home. Also the other defendants is also in the U.S
My question is can the P.I Summons be delivered by registered mail if it is difficult to get it delivered in person?
Click to expand...

I don't think you can legally serve somebody on a Sunday anyway?? - Am open to correction
 
You can serve them at any time or place within the state.
Standard practice would be send a true copy by registered post to the defendants last known address.
Personal service is messy and potentially dangerous.
 
Registered post on an individual is not good service. Service on an individual is by personal service. or by leaving with an adult member of the Defendants household. Unless a solicitor agrees to accept service on behalf of the individual OR the Plaintiff obtains an order for sub service.

By and large, if a Defendant does not wish to be served, a Plaintiff is probably better off using a summons server or a private investigator.

mf
 
Registered post on an individual is not good service.
Click to expand...
How comes it is accepted as good service for many matters particularly to do with matters in the district court?
 
If the other defendant is resident in the US you will have to get leave from the court to serve the summons outside the jurisdiction. I would suggest that you become very familiar with the Rules of the Superior Courts if you wish to proceed. They are available on line on the Courts Service website.
 
You will have to show proof of the defendant's US address and apply for leave to serve the Summons outside the jurisdiction in the High Court.

I have read your previous posts regarding solicitors but would highly recommend that you engage one to act on your behalf in this matter. There are over 6,000 solicitors in Ireland and perhaps you got a bad one but that does not make us all bad.

I wouldn't use an internet forum (no disrespect meant to AAB) to learn how to perform surgery on myself as it is very serious and by the content of your other posts this was a very serious accident and you should give yourself the best possible chance of presenting as good a case as possible. To lose on a technicality rather than the merits of the case would be very foolish as you will not get another bite of the cherry.
 
For Christ sake, a personal injuries action is a very serious matter and there is potentially a lot of money involved either way. Like em or loath em, the OP has to get proper legal advice on board. Agree with FKH, this is a case in which a good solicitor is required. This is not a matter of tax not displayed or no NCT when it comes to the court!
 
DeclanP said:
...this is a case in which a good solicitor is required. ...
Click to expand...

As pointed out already, OP has had these suggestions in previous thread(s), but doesn't seem to want to prosecute his case that way, which is a pity.
 
mathepac said:
As pointed out already, OP has had these suggestions in previous thread(s), but doesn't seem to want to prosecute his case that way, which is a pity.
Click to expand...

Pity indeed. Sounds like a case that requires a lot of sound advice rather than ill advised stubbornness.
 
You must log in or register to reply here.
Back
Top