# civil summons



## Tessi (7 Nov 2010)

I guess I am just asking for a bit of last minute advice to make sure I do the right thing.  I have now got a civil summons to appear in court in dec for a debt owed to a supplier of a business which I no longer have.  I had the supplier for 4 yrs and never defaulted on payment but due to large rent and large bank overdraft along with losing perhaps the bones of 160 thousand put into a house and the bank closing my bank account I just had to close. 

 I was paying supplier approx 1300/mth but the last month of business I just didin't have it.  We owed them just under 1000 and fortunately but unfortunately for them, this was our only supplier debt.  Apart of course from approx €22 thousand to banks/ccs.  I wrote to the supplier in January 2010 to ask for a reduction of approx a half and said we could pay about 500 euro.  They didn't reply until June and they did agree which we really appreciated, but wanted it within 7 days. 

 However in the mean time we had major bad luck with a number of things that swallowed the little bit of money we had left to pay the suppler.  We live in the country and our car packed in so we had to get it sorted.  We would have used Public transport but it costs €10 for a return 4 mile journey which we knew we never afford.  We did manage to get social welfare but it was very little.

 I hated writing to them but told the truth and said at the present time, i couldn't settle but would try and arrange repayments when I managed to get a job/ improve my circumstances.  Now granted neither myself or my supplier have been in contact since and I only received summons last week.

  I havent got a job but am working hard on a course that Im hoping will better my chances of getting a job.  My petrol expenses are massive as I drive over 80 km/day to the course.  I therefore haven't arranged repayments with any creditors yet. I am going to end up going to court for all my debt.  

So what am I asking??.  Will I just turn up on the day or should I write to their solicitors and offer a small repayment amount over a long time.  Bearing in mind I have to think of the other repayments i will have to make to the bank when they bring me to court.  Any constructive advice would be appreciated.


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## goingforgold (7 Nov 2010)

You say you lost the bones of 160K put into a house. What does this mean? Was your house repossesed?


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## donee (7 Nov 2010)

if you are going to defend the case you need to fill out the intention to defend form at the back of the summons and return one to the court and one to the plaintiffs solicitor at least seven days before the due court date . the court office 'aras u dahlaigh' is where you get it stamped in dublin. if you dont do that you wont be called on the day


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## redbhoy (9 Nov 2010)

donee said:


> if you are going to defend the case you need to fill out the intention to defend form at the back of the summons and return one to the court and one to the plaintiffs solicitor at least seven days before the due court date . the court office 'aras u dahlaigh' is where you get it stamped in dublin. if you dont do that you wont be called on the day


 

So if you dont reply to the civil summons, you effectively stop the case proceeding?? Is that right?


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## missdaisy (9 Nov 2010)

redbhoy said:


> So if you dont reply to the civil summons, you effectively stop the case proceeding?? Is that right?


 
No this is not right. If you don't reply to the civil summons a judgement is made for the debt due.


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## Time (9 Nov 2010)

It makes things easy for the creditor.


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## Tessi (9 Nov 2010)

*Civil summons reply*

Hi all sorry for not replying to your questions.  No I have  not been repossessed but have tried to sell for 160 less than I bought just to pay off debts and I have not been able to.  My security in the overdrafts/cc etc was the fact I did put so much cash into buying the house.

  Never in a million years did I think I wouldn't be able to sell for that much less than I bought.  I know I can not defend my case so have to appear at the court.  I'm just concerned the judge may order me to pay larger repayments than I can realistically afford as has happened other forum users here.


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## Time (9 Nov 2010)

You simply appeal if that happens.


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