Service of Civil Bill

T

Tessi

Registered User
Messages
106
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
 


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
 
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?
 
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.
 
Hi Joe O Public

Thanks for your imput. Your very good for advice.

So what should I do at this point. Nothing?
 
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?
 
What would happen if you did have a defence?
Click to expand...
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?
Click to expand...
Yes.
Will they pay any expenses which you incur?
Click to expand...
If you win they will have to pay your costs. If you lose you pay theirs.
 
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
 
A debt case would not last more than a hour. The problem is getting a listing.
 
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?
 
How would the judgement affect this person?
Click to expand...
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.
 
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?
 
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?
 
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.
 
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
 
You won't get a court date unless you are defending against the claim.
 
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????
 
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????
Click to expand...

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


Sorry but i'm tired reading "solicitors english Jargon" please can i Have just plain old english thanks.
 
You must log in or register to reply here.
Menu
Log in
Register