# CU debt of €10k. Circuit Court letter stating case on Monday - Should I attend Court?



## newlife (10 May 2013)

Hi,

I received a letter (unregistered) from my Circuit Court, regarding a debt I have with the Credit Union of €10,000. 

It just states that the case will be held on Monday, but does not say that I am obliged to attend.

I am aware (from other previous debts) that I did not attend this preliminary hearing and it resulted on Judgements being placed on my mortgage.

I can't 'contest' it as such as I do owe the debt, but I am in no position to pay it as have already a number of Judgements and Court orders for payments.

My question is this, if I attend, will it make any difference to my case? Would it stop them getting a judgement or will this happen regardless?

It is on Monday, I cant afford a solicitor, so any help much appreciated.

Thanks in advance.


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## elcato (10 May 2013)

I would appear. They can get a committal to prison afaik. Turn up, stand up when called and explain that you do not deny you owe the money but you have no means at the moment to pay. I presume you cannot pay anything towards it ?


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## newlife (10 May 2013)

Hi Elcato, 
Thanks for reply. Really? You could go to prison for not turning up? Seems crazy that, as it was not registered post and does not say I am required to attend nor does it even say the time. 
As to paying something, I spoke to Credit Union a number of times in the past and explained my circumstances. I offered a very small payment, of €20 a month and they said the minimum they would accept was €100. I explained I could not afford this.
I never heard back from them until this.
I have other court orders for payments and my Statement of Means shows that I am maxed out to the limit.
Will attending stop another Judgement being put on my house?
Seems crazy that they can have both a Judgement and a Court Order.


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## GDUFFY (10 May 2013)

http://www.askaboutmoney.com/showthread.php?t=143928

Read that key post,a wealth of info for you in there.

My take on it is if you don't turn up,they will get a judgment by default . If you don't dispute the amount of the judgment there is no point going to the court. Let them get the judgment and deal with it when it comes before a judge to assess how much you can afford to pay towards the debt.No chance of prison at this stage, prison only comes into it if you ignore the orders of the court,and you are given ample time to re engage with the court.


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## newlife (10 May 2013)

Hi GDuffy,
Thanks for your comment. I will read the link thanks.


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## elcato (10 May 2013)

OK. It looks like I was mixing up the stage at which you are at i.e. judgement v Court order.


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## WizardDr (10 May 2013)

@newlife 

I know these things can be stressful but I would attend the Court.

What you need to do :

- have  a summary of your income;
- a summary of your outgoings
- your assets
- your liabilities

I dont think simply saying I haven't got it is really enough - for example you haven't alluded to circumstances.

For Court:

- be respectful of the judge (this is the person you have to convince !)
- leave emotion out of it if you can
- but you have to convince the Court what efforts you have made or intend to make
- do a rehearsal with somebody you can trust and be yourself.

It is not a good idea to ignore.


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## Time (10 May 2013)

At the judgement stage the judge has absolutely no interest in ability to pay or finances. 
His job is to determine if the debt is owed or not, nothing else. 

Attending and bringing up ability to pay will be met with disapproval from the bench. It will also add more costs to the debt.

The time for such things is in the district court at the installment order stage.

For the OP it would be best just to allow them secure a judgement by default and deal with it from that point on.


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## 44brendan (10 May 2013)

Time is correct. You only need to appear if you are contesting the judgement.


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## newlife (10 May 2013)

Ok, thanks. So it appears no point in attending court at this stage.
I am not contesting the amount but I will argue my case later for payment.
I just wanted to clarify that whether I attended at this stage or not would not make any difference to a Judgement Mortgage being placed on me.
It seems me being there wont stop that.
Thanks so much for your advice.


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## MrEarl (10 May 2013)

WizardDr said:


> @newlife
> 
> I know these things can be stressful but I would attend the Court.
> 
> ...




Despite what others here have suggested, I agree 100% with this advice and would also turn up, with the relevant information.

Simply put, if you turn up it shows you respect the court system. You can ask for opportunity to speak and will most likely be permitted, then you acknowledge the debt and reference your inability to pay at this time (save for your example of €20 pm) - it's then up to the Judge if he / she wants to see supporting information.  Be honest and respectful, its always the best way ...... and it will be appreciated, even if you still have to pay your debt at some point in the future.

Regards

Mr. Earl.


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## Time (10 May 2013)

And rise the costs for no good reason.


I was in a circuit court down the country one morning and a few of these debt cases came up. This is what happened.

3 cases no were not defended and no one showed, judgement granted, each case lasted 10 seconds. 

2 cases where the defendant showed. Judge asked if they were denying owing the money. Judge queried why they were there. Defendants trotted out "I can't pay etc". Judge told them "This is not the time or the place for you to argue about 20 euro a week". Told told them to be quiet and to sit down. Judge was very upset. Judgement was granted regardless with costs. 

So instead of a case taking 10 seconds these took several minutes and got the judge very annoyed.


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## Setanta12 (11 May 2013)

I would turn up, to be present if the Judge asked were you there.  If he doesn't ask, then do/say nothing. 

If asked why did you bother to turn up - I would say that you acknowledge the debt and are treating it all very seriously, that you're not putting your head in the sand. (All in as few respectful words as possible)


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## Dermot (11 May 2013)

Agree with Kildavin


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## munchy (11 May 2013)

I understand that one should always turn up for an installment hearing, but no point for a judgement hearing.

The question I wanted to ask is whether we know the difference? Do the letters state clearly what the hearing is about? And should both types of hearings always be presented in person when the letters are sent out? Seems strange to just be posted out in ordinary mail. Perhaps this hearing was neither a judgement or installment hearing?


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## Time (11 May 2013)

Circuit court will always be for judgments only.

Ordinary mail is used where registered post is refused or returned to sender. 

If it is for an installment hearing, the summons will clearly state this and will include various statement of means forms. 
Also the circuit court never deals with instalment orders, it is always the district court. 

I wonder did the OP unwittingly enter an appearance?

I still stand over my view that attending will increase costs and do you no favours with the judge. Are those telling the OP to attend going to pay the increased costs for him?


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