# Serving a summons for a debt owed



## annabo (10 Nov 2008)

Hi there,

Wondering if anyone can help me..I have just got my solicitor to serve a summons for a debt owed on an individual. It was to be served at their workplace, where they are employed. It was meant to be served the other day but all offices were closed up (looks like the place has completely shut down) but just to point out its not the company I am after just the person on an individual basis who was working there as an employee and as we didn't have the persons residential address we were serving it to her work one. What do I do now? No idea of any address at this stage so that I can serve it on the person? any ideas..because I havent a clue where to go from here??!

Thanks...A


----------



## dazza21ie (10 Nov 2008)

Is it a District Court matter. If so an application for sub-service can be made and there are a number of ways service can be effected including personal service.


----------



## Askar (10 Nov 2008)

Your solicitor should have given you advice on this. What has (s)he said?


----------



## bond-007 (10 Nov 2008)

If you don't have an address for him you are at nothing.


----------



## nuac (10 Nov 2008)

Apply for leave to serve the proceedings  by advertisement in a newspaper.     Notify the intention to do that to any address where he may have worked etc and you might be given an address before the application for substituted.

If you think he lost his job and is on the dole write to him c/o Dept of Social Welfare - they will not give his address but might pass on the letter.


----------



## bond-007 (10 Nov 2008)

nuac said:


> If you think he lost his job and is on the dole write to him c/o Dept of Social Welfare - they will not give his address but might pass on the letter.


I doubt they would. I also doubt it would be legal.


----------



## j26 (10 Nov 2008)

bond-007 said:


> If you don't have an address for him you are at nothing.


Agreed.  Without an address, you haven't a hope.


----------



## shesells (11 Nov 2008)

Start with Google and the phonebook. After that the Electoral Register is worth a look.


----------



## niceoneted (11 Nov 2008)

Hi, can I pick your brain please. I am just wondering did you issue a summons to an individual that owed you money personally and not through any business means? 

I have lent a friend money and they are avoiding discussing the pay back although it was to be paid back months ago.  
Is this something similar to your situation and how did you go about proceeding to get a summons? What proof did you need to show you had lent the money etc. 

I'd appreciate if you can share the info,


----------



## nuac (11 Nov 2008)

re tracing defendant without an address afaik the UK DHSS will forward to a "customer" mail sent to them - not sure what information they may need to identify.

Similarly the equivalent office in the USA will forward post if you have the name and date of birth.

I am not stating that you can validly serve documents this way - you or your solicitor could sent a letter notifying the defendant that you intend to seek an order allowing for service by newspaper advertisement. That might produce a reaction e.g. name of a solicitor who will accept service.


----------



## niceoneted (25 Nov 2008)

Annabo, 

I'd still appreciate if you can help on this or anyone else for that matter. Is it possible to have like a debt owed note against a person even if they never pay it? Not sure if I'm making sense with that.

Any help appreciated.


----------



## bond-007 (25 Nov 2008)

> Is it possible to have like a debt owed note against a person even if they never pay it?


Yes that is called a judgement. It lasts for 12 years.


----------



## mf1 (26 Nov 2008)

niceoneted said:


> Hi, can I pick your brain please. I am just wondering did you issue a summons to an individual that owed you money personally and not through any business means?
> 
> I have lent a friend money and they are avoiding discussing the pay back although it was to be paid back months ago.
> Is this something similar to your situation and how did you go about proceeding to get a summons? What proof did you need to show you had lent the money etc.
> ...



1. Ask for the money. 
2. Ask for the money in writing. Set a deadline for payment. 
3. Ask them to sign a Promissory Note to pay. 
4. Address the issue bluntly - why do people not just come straight out and say it?
5. If they will not pay, you can sue. It may not be worth while - I am reluctant to issue proceedings for less than €3K and only then if I am fairly certain that the debt is owed, is not disputed  and there are assets available to meet a judgment. 
6. Don't lend money to people unless you are willing to lose it entirely. 

mf


----------



## bond-007 (26 Nov 2008)

Mf1, you are the patient one. 
I know of many solicitors that would issue for amounts of just €500 and bull on regardless. That could be down to what instructions they get from their clients.


----------



## jimmmy (26 Nov 2008)

bond-007 said:


> I know of many solicitors that would issue for amounts of just €500 and bull on regardless. That could be down to what instructions they get from their clients.


 
In my experience its more to do with the fees they get from their clients.  I know of cases where the client is down 500 euro *plus *the solicitors fees !


----------



## mf1 (26 Nov 2008)

jimmmy said:


> In my experience its more to do with the fees they get from their clients.  I know of cases where the client is down 500 euro *plus *the solicitors fees !




Yes - but you do understand, don't you  that 
(a) The debt was not  incurred by the solicitor
(b) The debt was incurred by the debtor
(c) The debtor may not have any money to pay either  the debt or the legal fees
(d) Creditors have a mental block about who should pay their own solicitor for working for them 
(e) Therefore the fees ( due by the creditor in any event)  have to be paid by the creditor when the debtor does not pay. 

Its the creditors choice as to whether they let the debt go or pursue the debt with the attendant costs.

mf


----------



## bond-007 (26 Nov 2008)

In my personal opinion the creditor often sues for such small amounts in the mistaken belief that the debtor has assets/means to pay. It often pays to do some research first into the situation.


----------



## niceoneted (27 Nov 2008)

Thank you so so much for your reply. When the money was lent I made sure to pay by cheque to account payee only and also had a short but direct agreement signed by both of us acknowledging the loan and the final payment date but that interim payments of any amount could be paid off - would this constitute a Promissory Note? 
It is 4 months to the dat to which full payment was due. Other person has addressed it with me saying they will have it asap. It is 7k in total. I was at a stage where I was willing to accept 2k and write off 5k (in my own mind). However the person has has a sun holiday and been at a number of sporting and music events etc which cost alot of money when all added up and I'm thinking they have the money to pay but just aren't bothered. 
I know and trust them but it's just although they have addressed the matter with me previously they are now ignoring calls. 
My next step will to be inform them in writing and see what happens. 

Thanks again much appreciated. I know lots of people say don't lend money but when you see someone you know and trust struggling you want to help. I'm a giver in personality and had the money to spare so did it.


----------



## nuac (27 Nov 2008)

If you still haven't got this debtor's home address, you could ask your bank for the identity of the bank into which your original loan cheque was paid.   They will have his address.

Get that cheque or a photocopy of it from your bank.   Apply for an order for substitued service on the debtor at his bank, exhibiting the copy cheque as evidence in your affidavit.


----------



## Kingdom (30 Nov 2008)

nuac said:


> Apply for an order for substitued service on the debtor at his bank, exhibiting the copy cheque as evidence in your affidavit.


 
Could you advise what this means please? I'm in a similar situation.

Thanks


----------



## bond-007 (30 Nov 2008)

He is suggesting that you ask the court for permission to post the summons to the debtors bank in the hopes they will send it on to the debtor.

It is very unlikely a court would agree.


----------



## Bronte (1 Dec 2008)

niceoneted said:


> However the person has has a sun holiday and been at a number of sporting and music events etc which cost alot of money.
> I know and trust them but it's just although they have addressed the matter with me previously they are now ignoring calls.
> I know lots of people say don't lend money but when you see someone you know and trust struggling you want to help.


 
Sorry to say this but you do not know them well and you should not trust them. Disgraceful behaviour. Also they don't seem to be struggling if they are going on holiday etc so that's a bit of a contradiction.


----------



## nuac (1 Dec 2008)

Kingdom

Court rules provide for service of documents.   If defendant has no solicitor on record, service is usually by regd post in District and Circuit court cases, or personally in High Court cases.

If that is not possible the plaintiff can apply to the court for an order allowing service in some other way according to the circumstances.   An affidavit has to be sworn stating the facts and filed in court.  See a solicitor.


----------

