Procedure for high court debt process

W

Wide_awake

Guest
Hi,

Can somebody help me with the steps and timing of the 3 scenarios below?
(just want a guide for my own sanity)

served plenary summons on individual and company

and

1/ they don't respond ( ignore )

2/ one of them responds only

3/ both of them respond

What happens next and what are the timings, I have had a plenary summons served but the party has no income and I suspect he will go to legal aid.

I'm worried that I will end with months of costs/delays, etc. Because there are big delays in legal aid. Will there requirement to respond within 10 days not apply because they wait for legal aid?

I don't expect to get any money in the long run, just don't want to let it go BUT am I just taking a risk.? And should I just let it go?

Appreciate any advice..I find my solicitor "unclear" and he keeps saying, let's wait and see but I'd like a bit more info
 
They won't get legal aid for debt cases. That is a certainty.

They must reply within the given guidelines. If they don't you can simply get summary judgement against them. Your solicitor should do that automatically. They could reply off ther own bats simply to delay matters.

Taking high court proceedings against defendants from whom you will never get a penny from is foolish imho. You will have to bear the costs.
 
Time,

Why I'm worried is that this is not a simple goods or services case, Its based on a contract and when an event occurred I was to get a payment but he is disputing that this event occurred and I can't prove it, ( I was told that I couldn't use a summary summons ) because of this ?.

He even tried to make out to me that I owe him money and my fear is that he will get legal aid to defend my summns and basically it will be me versus the state ? And I won't be able to afford it or get out of it.

What do think, I am a risk assessor by trade and this is a risk my gut is telling me could occur based on what I have picked up so far.

Am I getting paranoid excessively ?
 
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