# Service of Civil Bill



## Tessi (6 Sep 2010)

I apologise if this question has been answered before.  I recieved a Service of Civil Bill which states for me to enter an appearence to answer the claim.  Its for a debt.  I am finding the document difficult to understand.  I am not defending the claim as I owe the money and don't deny it.

How do I fill in the "Endorsement of Service" part and the "Statutory Declaration of personal service" part? 

 I guess I am probably in a bit of a tizzy and am unable to get my head around it all.  

If anyone has had experience of how the court day goes when it comes around, such as, will I be in a large court room in front of lots of peopole, do I get the chance to speak honestly etc.

Thanks in advance


----------



## mf1 (6 Sep 2010)

Tessi said:


> I apologise if this question has been answered before.  I recieved a Service of Civil Bill which states for me to enter an appearence to answer the claim.  Its for a debt.  I am finding the document difficult to understand.  I am not defending the claim as I owe the money and don't deny it.
> 
> How do I fill in the "Endorsement of Service" part and the "Statutory Declaration of personal service" part?
> 
> ...




This is what you need to read on the face of the Civil Bill: 

"AND TAKE NOTICE that, unless you do enter an Appearance, you will be held to have admitted the said claim, and the Plaintiff may proceed therein and judgement may be given against you in your absence without further notice.

AND FURTHER TAKE NOTICE that, if you intend to defend the proceeding on any grounds, you must not only enter an Appearance as aforesaid, but also within ten days after Appearance deliver a statement in writing showing the nature and grounds of your Defence."


If you don't defend, and you do admit that you do not have a Defence, then if you do not file an appearance, the plaintiffs will get a judgment without notice to you. There will be no Court hearing.  

Some time later, you may be served with an Examination Order - to explain to a Court what your circumstances are and whether you can make payments. At that stage, you should appear and deal with the matter.

You could also write to the Plaintiff and set out your circumstances.

mf


----------



## Tessi (6 Sep 2010)

Hi mf1

Thanks for your reply.  So to clarify! If I write to the plantiff (which is the person I owe the money to???) what can i expect to happen? 

If this doesn't work, will I just wait for the next letter?


----------



## Joe Q Public (6 Sep 2010)

What mf1 is saying is it is a waste of time submitting an appearance and defence if there is no defence, i.e. you do owe the money.


----------



## Tessi (6 Sep 2010)

Hi Joe O Public

Thanks for your imput.  Your very good for advice.  

So what should I do at this point. Nothing?


----------



## redbhoy (7 Sep 2010)

What would happen if you did have a defence? How can some bank or whoever make you appear to defend? Will they pay any expenses which you incur?


----------



## Joe Q Public (7 Sep 2010)

> What would happen if you did have a defence?


You would submit the defence within the time limits outlined. The county registrar would have to send the case for trial. 


> How can some bank or whoever make you appear to defend?


Yes.


> Will they pay any expenses which you incur?


If you win they will have to pay your costs. If you lose you pay theirs.


----------



## redbhoy (7 Sep 2010)

Thanks for that reply. 
Why should someone be out of pocket until a court decision is made? How long do these cases go on for?
(ive only been in the family court myself, and you could be waiting 10 weeks sometimes for a case


----------



## Joe Q Public (7 Sep 2010)

A debt case would not last more than a hour. The problem is getting a listing.


----------



## redbhoy (7 Sep 2010)

Id have thought that. But how long does it take to get a court date?
What would happen if the person involved just ignored everything? How would the judgement affect this person?


----------



## Joe Q Public (7 Sep 2010)

> How would the judgement affect this person?


Credit rating gone.
Goods seized by sheriff.
Summons to court for instalment order, failure to comply could mean prison.
A judgement mortgage on any property owned.


----------



## redbhoy (7 Sep 2010)

Thanks. I only ask as I overheard a person saying they owed x amount on a credit card and they just ignored all calls. When debt collector knocked on door they told him to sling his hook and not to come back to the door. Said he heard nothing since and that was a few years back.
Although I did read on another thread on AAM that someone got a court summons after 5 years so maybe that person isnt as free as a bird yet?


----------



## Joe Q Public (7 Sep 2010)

The bank would have to sue within 6 years.


----------



## redbhoy (7 Sep 2010)

If the bank gets a debt collector involved does that mean the debt is paid? I read somehwere on my travels that if they buy the debt then the original debt is paid?


----------



## Joe Q Public (7 Sep 2010)

No. Not true at all. What happens is the bank hires the debt collector on a commission basis, where the debt collector gets a % of whatever they are able to collect. The debt remains the banks throughout. What you are thinking of is selling the debt. That does not happen in Ireland.


----------



## Tessi (7 Sep 2010)

HI Just wondering how long it may take to actually recieve a letter for a court date.  I don't have a problem going to court but am in the process of a 50wk course where it is going to be very difficult to get time off or at least admit to financial problems to someone who may not understand. Thanks


----------



## Joe Q Public (7 Sep 2010)

You won't get a court date unless you are defending against the claim.


----------



## Tessi (7 Sep 2010)

Hi Joe

You have me a a complet loss. I automatically thought I'd get a court date to answer why I am unable to pay my current debt?? So what does happen after the civil bill service and what should i do????


----------



## Mr. C.J.H. (7 Sep 2010)

Tessi said:


> Hi Joe
> 
> You have me a a complet loss. I automatically thought I'd get a court date to answer why I am unable to pay my current debt?? So what does happen after the civil bill service and what should i do????



If you owe the money, you should pay the debt to avoid incurring additional legal costs. If you dispute the debt, you should consult a solicitor immediately in order that they can file an appearance on your behalf and in due course a full defence. You are entitled to enter an appearance yourself by filing a copy of same with the Circuit Court office, but beware defending the proceedings where you have no defence will only result in youincurring additional legal costs.

If you do nothing the plaintiff will obtain a Court Judgment against you, without any Court appearance, ordering that you pay the amount together with legal costs. In granting judgment the Court will have absolutely no regard as to whether you can afford to pay the debt, the only thing that the Court will be concerned with is whether you owe the money. If you still do not pay then the plaintiff will proceed to the various enforcement procedures.


----------



## Tessi (7 Sep 2010)

Sorry but i am finding it equally as difficult to understand what EXACTLY i need to do next; 



Tessi said:


> I apologise if this question has been answered before. I recieved a Service of Civil Bill which states for me to enter an appearence to answer the claim. Its for a debt. I am finding the document difficult to understand. I am not defending the claim as I owe the money and don't deny it.
> 
> How do I fill in the "Endorsement of Service" part and the "Statutory Declaration of personal service" part?
> 
> ...


 
Sorry but i'm tired reading "solicitors english Jargon" please can i Have just plain old english thanks.


----------



## Joe Q Public (7 Sep 2010)

If you do nothing now they will get their judgement. If you have no defence let them get it now as it mininises the costs.

Later on they will summons you to the District Court for an examination of your means.


----------



## Dee101 (7 Sep 2010)

Tessi said:


> I* I am not defending the claim as I owe the money and don't deny it.*



Ok in plain english - If you are not defending the claim then you should not be entering an appearance . You should write to the Solicitor for the Plaintiff and try to come to an arrangement for payment. 

As pointed out, if you enter an appearance you will be then asked for your Defence - which you state yourself you don't have, In that case of you entering an appearance but no defence, judgment will be obtained anyway "in default of Defence". 

The only way there will be a court hearing in front of a judge is if you actually have a valid defence - otherwise there is no need for the judge to hear the case as there is no dispute.

Hope that is clear. By the way, if you get in touch with the Solicitor asap, they may agree to holding off obtaining the Judgement if you commit to a payment arrangement.


----------



## Joe Q Public (7 Sep 2010)

I wouldn't count on them holding off. 

It is all well and good telling people to pay up and make arrangements but often people are unable to and they must rely on the courts to decide what they can pay.


----------



## Dee101 (7 Sep 2010)

Joe Q Public said:


> I wouldn't count on them holding off.
> 
> It is all well and good telling people to pay up and make arrangements but often people are unable to and they must rely on the courts to decide what they can pay.




Well it won't hurt to ask anyway - if the amount is on the smaller end of the scale then they might. She won't know until she asks.

If people are unable to pay then thats fair enough but the first step is engaging with the creditor to make them aware of this and provide evidence through paperwork etc - after that, if the creditor wants to waste more time and money pursuing it through the courts then thats their choice. But the debtor has a responsibilty to engage with the lender that's all.


----------



## Joe Q Public (7 Sep 2010)

In my experience the banks especially will bull on regardless and secure a judgement. 


> if the creditor wants to waste more time and money pursuing it through the courts then thats their choice.


Of course. I have seen many cases where the banks have ignored any offers made by a debtor and went to court seeking instalment orders only to have their applications shot down by the judge. Some judges are losing patience with banks because of this.


----------



## Tessi (8 Sep 2010)

Thanks guys for all your advice. I will post the result to let others know what they may expect or what they can do.


----------

