# Summary summons



## whiskey1 (27 Aug 2010)

I have recieved a summary summons signed by the chief justice of the high courts - it says i must put in an appearance. There is no mention of a defence. Am I not been afforded the opportunity to defend myself in this instance? Will judgement be got against me anyway? Is it merely a formality?


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## Ravima (27 Aug 2010)

Appearance goes in before Defence.

You should consult a solicitor immediately


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## whiskey1 (28 Aug 2010)

How does the case proceed? Am I correct in saying that this is not a case as such and that a judgement is decided by both sides submitting affidavits? Have I to hand in a memorandum to the cental office of the four courts in person or can it be registered post?

Regards


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## Joe Q Public (28 Aug 2010)

You can send it registered post with the correct fees. 

You need to lodge an appearance and pay the €10 fee within 10 days. Then the plaintiff files their statement of claim, and you file a defence.


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## whiskey1 (31 Aug 2010)

Ok, i filled up the memorandum of appearance (courts.ie) got it stamped in my local district court office and have sent it by registered post to dublin. Do i have to send a copy of the appearance to the plaintiff as well? 

decided to defend the case myself.


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## Joe Q Public (31 Aug 2010)

Yes. I would send them a copy.


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## Artois (31 Aug 2010)

whiskey1 said:


> Ok, i filled up the memorandum of appearance (courts.ie) got it stamped in my local district court office and have sent it by registered post to dublin. Do i have to send a copy of the appearance to the plaintiff as well?
> 
> decided to defend the case myself.



Joe is confusing the summary process with the plenary process.The plaintiff will not be serving a statement of claim.

Do you owe the money? Summary proceedings are issued by plaintiffs seeking a liquidated sum.

Once you put in an appearance the plaintiff can then issue a motion seeking liberty to enter up final judgment. This motion will be heard before the Master of the High Court. You can put in a replying affidavit and the master will refer the matter to the judges list for plenary hearing only if you can show a genuine dispute.

If you do not put in an appearance the plaintiff can lodge papers in the central office and obtain judgment in default of your appearance (ie the next thing you will know about the proceedings will be the sheriff knocking on your door)


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## whiskey1 (1 Sep 2010)

whiskey1 said:


> How does the case proceed? Am I correct in saying that this is not a case as such and that a judgement is decided by both sides submitting affidavits? Have I to hand in a memorandum to the cental office of the four courts in person or can it be registered post?


 
what i had asked earlier so about both sides submitting affidavits is correct. once my appearance has been submitted will i be notified when i should submit my affidavit? how much time do i have once the appearance goes in?
Thanks for your help


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## Joe Q Public (1 Sep 2010)

You have to wait for them to file theirs first and then you can reply with yours. This will have to be in by the date of the masters hearing.


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## whiskey1 (14 Aug 2012)

Hello everyone, I entered an appearance to the summary summons over 2 years ago. I have heard nothing from the plaintiff since. Surely there must be a time limit for the plaintiff to proceed with their case!


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## whiskey1 (13 Oct 2013)

Artois said:


> Joe is confusing the summary process with the plenary process.The plaintiff will not be serving a statement of claim.
> 
> Do you owe the money? Summary proceedings are issued by plaintiffs seeking a liquidated sum.
> 
> ...



3 years have now passed since I entered an appearance to the summary judgement I received. I have heard nothing since. Is the plaintiff out of time under the court rules to proceed with the matter through the courts?

I thought anyone that would have felt confident enough that money was owed to them to issue a summary judgement would have gone ahead by now to secure their judgement.


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## WizardDr (13 Oct 2013)

@whiskey1 did you or your solicitor enter a defence?


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## whiskey1 (13 Oct 2013)

WizardDr said:


> @whiskey1 did you or your solicitor enter a defence?



The summary summons procedure is different to that of the plenary summons. I entered an apperance and now the plaintiff was supposed to send me the statement of claim. Once I entered an appearance the matter goes before the master of the high court and based on affidavits submitted by both sides it is determined if the matter goes to court.


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## mf1 (14 Oct 2013)

You can use this link to check what, if anything, has happened to your case.


http://highcourtsearch.courts.ie/hcslive/cslogin


mf


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## whiskey1 (14 Oct 2013)

mf1 said:


> You can use this link to check what, if anything, has happened to your case.
> 
> 
> http://highcourtsearch.courts.ie/hcslive/cslogin
> ...



Thanks for that. Case is still at the same place 3 years ago. No setting down date. No judgement got.


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## Declan40 (9 Apr 2014)

I was just wondering how you got on with the summery summons ? I got a letter in the post Monday morning it says copy summary summons dated 2/10/2013 together with copy order of Mr Justice P----  dated 24/3/2014under cover of ordinary pre-paid post by way of service upon you. It's to do with a personal quarintore on a business loan what should I do next , I have being 10 months looking for original signed copy's of the paper work with nothing back any ideas


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## 44brendan (9 Apr 2014)

If you fail to respond to the summons you risk a judgement for the debt being registered against you. Assuming that you are contesting the debt, you need to contact a solicitor to obtain professionsl advice.


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## whiskey1 (20 May 2014)

Declan40 said:


> I was just wondering how you got on with the summery summons ? I got a letter in the post Monday morning it says copy summary summons dated 2/10/2013 together with copy order of Mr Justice P----  dated 24/3/2014under cover of ordinary pre-paid post by way of service upon you. It's to do with a personal quarintore on a business loan what should I do next , I have being 10 months looking for original signed copy's of the paper work with nothing back any ideas



did you get a summary summons served on you? If so. You had a time limit to enter an appearance or else the judgement went ahead and was got against you.


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