# Plaintiff serving personal injury summons



## John joe (16 Oct 2008)

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?


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## dazza21ie (16 Oct 2008)

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.


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## FKH (16 Oct 2008)

If you are going through a solicitor why not have them organise service.


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## mf1 (16 Oct 2008)

FKH said:


> If you are going through a solicitor why not have them organise service.




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


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## dazza21ie (16 Oct 2008)

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.


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## aircobra19 (16 Oct 2008)

FKH said:


> If you are going through a solicitor why not have them organise service.



The OP previously posted about a bad experience with a solicitor.


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## FKH (16 Oct 2008)

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)


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## FKH (16 Oct 2008)

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?


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## John joe (20 Oct 2008)

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?


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## ney001 (20 Oct 2008)

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.



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?


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## ney001 (20 Oct 2008)

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?



I don't think you can legally serve somebody on a Sunday anyway?? - Am open to correction


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## bond-007 (20 Oct 2008)

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.


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## mf1 (20 Oct 2008)

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


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## bond-007 (20 Oct 2008)

> Registered post on an individual is not good service.


How comes it is accepted as good service for many matters particularly to do with matters in the district court?


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## mf1 (20 Oct 2008)

Different rules in the High Court 

mf


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## Dachshund (20 Oct 2008)

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.


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## FKH (20 Oct 2008)

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.


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## DeclanP (20 Oct 2008)

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!


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## mathepac (21 Oct 2008)

DeclanP said:


> ...this is a case in which a good solicitor is required. ...



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.


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## DeclanP (21 Oct 2008)

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.



Pity indeed. Sounds like a case that requires a lot of sound advice rather than ill advised stubbornness.


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## FKH (21 Oct 2008)

It's a shame that the OP let his experience of one solicitor colour his judgment regarding the entire legal profession in Ireland. One hopes that he never wishes to do anything that requires him to have a solicitor like buy or sell a house.

For your own sake OP get legal representation, the questions you are asking are too basic regarding High Court proceedings for you to take this on yourself and I think that you will make simple mistakes which will prejudice any claim you may have.


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## John joe (29 Dec 2008)

I went to serve the defendant and he has refused to accept the Plenary summons. He has told me he will not accept it and said to send it to his solicitor. I didnt really want to do it this way as its not a personal service. Can I go back to the courts and prey for an order to that the defendant has to accept it?


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## dazza21ie (29 Dec 2008)

All you had to do was show him the original and touch him with a copy and drop it. It was up to him to pick it up or not. A solicitor can accept service on his behalf. Did you ask who his solicitor was.


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## John joe (29 Dec 2008)

dazza21ie said:


> All you had to do was show him the original and touch him with a copy and drop it. It was up to him to pick it up or not. A solicitor can accept service on his behalf. Did you ask who his solicitor was.


 
Yes, thanks Dazza I knew this alrite but he was sitting around the other side of the dinner table at the the time and there was about 8 people around so didnt want to do that. Yes he has told me the name of his solicitor.


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## bond-007 (29 Dec 2008)

You are best to use a process server to serve the summons.


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## nuac (31 Dec 2008)

If the defendant nominated a solicitor you can serve the summons on that solicitor.    afaik no need for personal service once a solicitor is nominated.


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## FKH (2 Jan 2009)

Serve the summons on the solicitor. Bring the original and copy to their office and have then acknowledge service in writing. 

As you know he has a solicitor you can avail of this and serve all documents on them by registered post in the future thus making your life easier down the line


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