Summons for debt

J

JulyBaby

Guest
Several months ago I received some insurance advice in the the form of report from a independent broker. I was completely unsatisfied with the content of the report and told the broker I would not pay the bill unless it was rectified. It was not rectified, I forgot about it and now I have received a Civil Summons for a debt. This non-official looking summons states that I must appear in court on a specified date unless I pay the debt in full.
Can anyone tell me how I can find out if this court date real or is it more likely "solicitor letter" scare tactics?
 
It sounds like you've received a Summons for a debt or liquidated money demand. The date thereon is a return date. Most defendants ignore these and don't show up in court on the return date. After the return date passes (where the defendant doesn't show up) the solicitor will lodge judgment papers in court which will include an Affidavit of Debt sworn by the person suing for the debt which sets out the amount you allegedly owe plus interest plus costs. A Decree will issue from the court and this is the plaintiff solicitor's instrument of execution. They will then attempt to enforce the decree against you at which point you will be given a date to show up in court. You are required to lodge a statement of means setting out your income (this will be sent to you to complete by the plaintiff's solicitor). If you do not show in court, the solicitor will most likely apply for an instalment order and will look for the debt to be paid off in the least number of instalments possible.

I suggest you either stump up now and save yourself unnecessary cost and expense or if you feel aggrieved and that you have been wronged, detach the Notice of Intention to Defend from the Summons you received, complete it and send it to the Court at least 4 days before the return date on the Summons, then show up in court to defend yourself.
 
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