Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC, CC?

Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

I'd happily settle for 38k - certainly better than the zero I'm currently getting!! So this process is possible if I restrict it to the 38k?

Thanks
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Yes.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Thanks I'll look into it
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

For €40,000 get your solicitor to issue proceedings in the Circuit Court.

But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

lawdable said:
For €40,000 get your solicitor to issue proceedings in the Circuit Court.

But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.
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Why would you go in the Circuit Court? High Court proceedings are just as fast (or slow I suppose) if run properly.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

I would caution any DIY litigant to make an appropriate assessment before suing, as the exercise may be a waste of time if one obtains a successful judgment and is still an unsecured creditor in a long line of creditors. You will also need to be clear as to who is the correct defendant i.e. individual or company and does that entity have assets/income which can be used to pay off the debt. Getting judgement is only one step of the way as you may have to seek to enforce that judgement. Also, do not underestimate the time and energy this is going to take you.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Stifster,

The reason for going to the Circuit Court when there is any potential for dispute is that there will be costs implications if the other party can demonstrate to the court that they are entitled to offset €2,000 out of the €40,000.

Where you issue in a higher court and you are given an award within the jurisdiction of a lower court, you are usually only awarded costs on the lower court's scale and are ordered to pay to the defendant the difference between their High Court costs and what the costs would have been in the Circuit Court.

Ans your own costs will be lower.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

lawdable said:
For €40,000 get your solicitor to issue proceedings in the Circuit Court.

But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.
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Thanks,


Thankfully there was never any property - we never even lived together and there was no joint accounts or finances in anyway.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Havana said:
Thanks,


Thankfully there was never any property - we never even lived together and there was no joint accounts or finances in anyway.
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Can you prove that you loaned the money to someone else? Does that person have the money or assets? As another poster pointed out there is no point suing someone who has nothing which is more commonly known as a man of straw.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Someone should tell the banks that.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Bronte said:
Can you prove that you loaned the money to someone else? Does that person have the money or assets? As another poster pointed out there is no point suing someone who has nothing which is more commonly known as a man of straw.
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I can prove a certain amount of it and he has never disputed it though if it went to court i'm sure that could change.

i'm not too optimistic of his ability to pay and for the most part have written it off as a lesson learned and figure I'll never see it again. But it still sticks in my gut that someone could get away with something like that. But yeah, not too sure if there is any point of putting myself through the stress of court.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

computerman said:
OK I have processed my stuff for the District court. There are many threads relating to the above but none are clear and concise. If this can be of any use to any one - well and good!

STEP 1. www.courts.ie

step 2. go to Rules and Fees.

step 3. go to District court schedules (RULES)

step 4. Schedule c forms in civil proceedings

step 4 go to schedule c. PDF (at the bottom of the page)

step 5 civil summons are on pages 6 and 8 (print off)

step 6 Notice of intention to defend on page 25 (print off 2 copies)

step 7 Go to commissioner for oaths / solicitor and swear affidavitt (10 euro)(if you need help here pm me)

step 8. Back to district court (aras ui dhailagh) four courts. get forms stamped (20 euro)

step 9. Go to District Court (Civil Office) in Dolphin house (temple bar) and get a date.

step 9. if suing a private individual send registered post. (post civil summons and 2 copies of notice to defend) if a company, ordinar prepaid post will do , but get a receipt from the post office.

step 10 wait 14 days and see if you get a reply on the Notice to defend.


Hope that the above saves someone all the wasted time I had to go through .
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Thanks for your great summary, as this is my first time to do this I have a question on step 5.

Do i need to fill out both 39.1 (Civil Summons) and 39.2 (Civil Summons for a debt or liquidated money demand) or just one?

In my case, I have been promised the return of a €1000 desposit over and over again for past six months, and suspect it will never be returned unless I take further action.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

39.2 (Civil Summons for a debt or liquidated money demand)
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Just that one.
 
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