solictors issuing "civil summons" with no signature or date

[Moral Ethos]

Are solictors allowed to send a document that purports to be a summons to a debtor as a frightener to get them to pay up?

The reason I ask is my friend received what appeared to be a civil summons form a solicitor. The summons was not stamped, not signed by a district court clerk and not even dated. After making enquiries at the local DC office it appears that there is no record of any application being made to the DC for a summons.

Is this practice common? I assume that it is illegal to issue such documents that look like real legal papers in an effort to frighten someone?

Opinions please.

 

[bond-007]

I would say that sending documents that appear to be official in nature (court summons) when they are not in an effort to frighten would be a criminal offence. It is most likely an offence under the non fatal offences against the person act.

This practice used to be widespread in the UK where unstamped court forms were sent to debtors purely to put the frighteners on the them. When a number of solicitors were prosecuted for abuse of process under the administration of justice act 1970 this practice for the most part ceased.

I wonder if there a few chancers ex the UK are here up to the same carry on?

I would in view of the fact that the clerk has said there is no record of the summons, report the sender to the Gardaí.

I would assume that honest solicitors/law professionals here would not condone this practice?