Costs on a summons lay litigant

Z

zepplin

Registered User
Messages
16
Can anyone exactly state what costs a lay litigant can enter on a civil summons form 39.2 for recovery of debt?

Asked at courthouse and some solicitors but, surprisingly, they were not sure.

SI 126 1999 states "No costs other than actual and necessary outlay shall be allowed or awarded to a party who conducts his or her own case."

I know outlay includes stamping the document and the registered postage fee.

However, are there any other outlay costs, which I can put on the summons?

If I paid an amount of money (small) to a solicitor to prepare the summons (not to defend or otherwise be involved in case), can I include this cost on the summons?
 
It's a scale fee, the staff at the courthouse should be able to tell you. I doubt if any solicitor would prepare the summons for you without being involved in the entire matter as it simply would not be cost effective.
 
Simply put on the summons you are seeking the costs of the proceedings. When you win you ask the judge for scale costs which would be in the region of around €40. Simple really.
 
bond-007 said:
Simply put on the summons you are seeking the costs of the proceedings. When you win you ask the judge for scale costs which would be in the region of around €40. Simple really.
Click to expand...

Two points. Don't I have to put a figure on the summons? How can I then insert 'seeking cost of summons'. I know of a case where the lay litigant inserted costs calculated on the basis of his time spent on the issue. The court returned it to him saying he should only insert those costs applicable to a lay litigant. so putting 'seeking costs' may have the same effect?

Second point is that in the case cited above, the court said that scale fees were not applicable .

Thus I am back to SI 126 1999 which states "No costs other than actual and necessary outlay shall be allowed or awarded to a party who conducts his or her own case."

So again, what can I put on the summons as costs?
 
I believe as a lay litigant you can only claim outlay i.e. stamp duty and postage.

A solicitor would not be enthusiastic about advising on part of your case, albeit a procedural point. Not so much a matter of fees as possible liability later. E.g. I have heard of at least one case where a solicitor on being told the facts of an incident declined to act, but later received a negligence claim because (s)he didn't warn the enquirer about the relevant Statute of Limitations.
 
nuac said:
Not so much a matter of fees as possible liability later. E.g. I have heard of at least one case where a solicitor on being told the facts of an incident declined to act, but later received a negligence claim because (s)he didn't warn the enquirer about the relevant Statute of Limitations.
Click to expand...

Same thing really. If you were offered a generous and fair fee to draft the document, then you could do so and cover off the liability by proper advice to client and time to do it throroughly.
 
Do not exactly agree Vanilla. I prefer to be either fully involved as solicitor or not at all for the reasons stated. Have often been asked to give a second opinion on a case with another office. Always refused to do so.

Would of course respond to a colleaque's enquiry on a matter as a matter of professional courtesy, but that is a different situation.
 
Well in this particular case I would agree with you. Drafting a summons on it's own and having nothing else to do with the case sounds nearly impossible. But in other circumstances...
 
And the costs of engaging a solicitor to collect small debts in the District Courts make it not cost effective to do so, which is the reason we are seeing more and more lay litigants taking such actions without solicitors.
 
nuac said:
I believe as a lay litigant you can only claim outlay i.e. stamp duty and postage.
Click to expand...

bond-007 said:
So around €25 will be the limit.
Click to expand...

That is what I was thinking, although SI 126 (1999) seems to allow for €12.70 (for summons amounts to €1270) for postage, reg postage, fax, photocopying and sundries.

So maybe the allowable costs are Stamp duty €20 and this €12.70 = €32.70 - any opinions?

So I take it from your quote that paying the solicitor for drafting the 39.2 is not considered 'neccessary outlay' (thats how it is stated in SI 126)?

Vanilla said:
Same thing really. If you were offered a generous and fair fee to draft the document, then you could do so and cover off the liability by proper advice to client and time to do it throroughly.
Click to expand...

A solicitor has drafted the 39.2 form for me for a fee.

It was agreed that that is all he will do for the moment.

Maybe it is what solicitors need to/could do in the current climate - offer a modular system of 'products' or offer advice only to lay litigants. I think some people are intelligent enough to represent themselves if it is not a very contentious case e.g. a 'simple' debt, and they are talked through the process.

Maybe 'collect' as many cases as possible for one court date and offer them a bit cheaper to the clients involved as another way to offer better prices AND get the business, which would otherwise never come to court. I am refering to debt collection cases, although I am aware how difficult it is to get ones money even with a judgement ...

I bring them to court to annoy and embarress them...

Something to think about?

Of course, if there are issues with possible litigation against solicitors or other issues then these would need to be examined.


bond-007 said:
And the costs of engaging a solicitor to collect small debts in the District Courts make it not cost effective to do so, which is the reason we are seeing more and more lay litigants taking such actions without solicitors.
Click to expand...

Exactly...

By the way, when the summons is stamped and I wish to send a true copy to the defenant, do I need to write on the copy "I declare that this is a true copy of the original" and sign it?
 
Nope. That is not necessary at all. A mere photocopy of the original is sufficient. Make you you hang onto the original so the service declaration can be filled in.
 
@ bond-007 Thanks for that.

Today I received a call from a legal helpline. I had asked them yesterday about lay litigant costs.

They said that they rang a district court in Dublin and they (the dc) said that in addition to outlay a lay litigant could claim for a day's pay! However, it would be up to the judge on the day to decide on all costs (not just the 'days pay')

It seems every time I ask, I receive a different answer. However, I think the €20 + 12.70 as in SI 126 is the most plausible. Opinions?

Does the statutory declaration of service cost anything (apart from paying the peace commisioner to sign it) and can these costs be claimed against the defendant, if case is successful?
 
However, I think the €20 + 12.70 as in SI 126 is the most plausible.
Click to expand...
I would think so too.
Does the statutory declaration of service cost anything (apart from paying the peace commisioner to sign it) and can these costs be claimed against the defendant, if case is successful?
Click to expand...
As it is a necessary outlay I would think so. My local PC doesn't charge me but some can and do charge.
 
Peace Commissioners are not entitled to charge for signing a statutory declaration. Commisoners for Oaths and Practising Solicitors are entitled to charge €10 if you swear an affidavit before them. A statutory declaration is sufficent in most cases to prove service.
 
You must log in or register to reply here.
Back
Top