sending back summons

bubonicus

Hi,

I moved into a house over a year ago. Recently I recieved a summons in the post for the previous occupier. the previous occupier has emigrated to England so I just wrote on the envelope "emigrated, return to sender". The letter then arrived back in my door a week later, so I just popped it back in the mail. Nothing happened then a few weeks later I get another summons. I do the same thing again. Havn't heard anything since.

How long will this go on for, or will the police call to the house?

hullaballoo

Get on the telephone to the county/city registrar and let them know why they keep getting the summons back.

seamus

I'm not being smart or patronising here, but try putting "Addressee Emigrated, return to sender".

The Gardai may arrive to the door. They'll ask "Are you X?". You say "No, he doesn't live here any more". Produce ID for yourself if necessary. The Garda will ask where he's gone, you tell him. Then he'll thank you and leave.

If the Gardai don't arrive, then the court date will go ahead without the guy. If he's convicted of a crime, a warrant will be issued for his arrest. A Garda may arrive at your door. Just repeat the above conversation.

It's also likely that it's a summons to appear as a witness. If he doesn't show, then he could be held in contempt of court, and a warrant will be issued for his arrest.

bubonicus

Thanks.

seamus wrote:

It's also likely that it's a summons to appear as a witness. If he doesn't show, then he could be held in contempt of court, and a warrant will be issued for his arrest.

So should i try and contact him and tell him(it won't be easy), but he has been out of country for over a year, I don't want him to get arrested if he decides to come home. I knew him from school and might be able to track him down by his old family home address.

seamus

Well, if you can hand the summons to somone who may be able to get it to him, and do the good samaritan thing, it couldn't hurt.

Whatever happens, if he gets convicted or fined or whatever, then sooner or later more letters are going to start appearing on your doorstep, as well as the odd Garda. So it would definitely be in your interests to get the thing to him, or to contact your county/city registrar.

hullaballoo

bubonicus wrote:

Thanks.



So should i try and contact him and tell him(it won't be easy), but he has been out of country for over a year, I don't want him to get arrested if he decides to come home. I knew him from school and might be able to track him down by his old family home address.

Hmm, I wouldn't. Summonses are legally tricky. They can't just get passed on like any other letter. Either get in touch with the registrar (easier than finding yer man), or wait until the Gardaí come knocking. Personally, I'd just pick up the phone and dial the number.

seamus

hullaball&#250 wrote:

Hmm, I wouldn't. Summonses are legally tricky. They can't just get passed on like any other letter.

If someone was to pass on someone else's summons to another person or bin it without action, could they theoretically end up being held in contempt themselves - breach of civil duty and whatnot? Or would the letter be protected by some sort of "State property" rule?

bubonicus

Your scaring me now lad's.

Usually if i got mail from the previous occupier i do throw it in the bin. Just this time around I recognized the envelope. If my missus had seen it she would have thrown it in the bin i'd say.

And if I did that I could go to jail. A bit harsh. It does not say summons on the envelope.

Here's me worrying about him and it's me who could be held in contempt. What a country we live in.:(

hullaballoo

seamus wrote:

If someone was to pass on someone else's summons to another person or bin it without action, could they theoretically end up being held in contempt themselves - breach of civil duty and whatnot? Or would the letter be protected by some sort of "State property" rule?

No, I couldn't think of a situation where this sort of thing could lead you to being held in contempt.

If you pass it on to him, it's just an invalid service of a summons, which means that it's ineffective against him. The courts' service would prefer you to let them know what's going on, so that they can go about their business in the proper fashion.

rubadub

bubonicus wrote:

Here's me worrying about him and it's me who could be held in contempt. What a country we live in.:(

I think you would get in a hell of a lot more trouble for opening up the letter (did you?), how did you recognize it is a summons? what if you didnt? you would be none the wiser now.

hullaballoo

It's illegal to open another person's mail full stop. Nevermind a summons!

Gobán Saor

hullaball&#250 wrote:

It's illegal to open another person's mail full stop. Nevermind a summons!

It is traditional in Ireland to deny all knowledge of the addressee of any summons.:D One must NEVER accept service of a summons on behalf of another.

bubonicus

rubadub wrote:

I think you would get in a hell of a lot more trouble for opening up the letter (did you?), how did you recognize it is a summons? what if you didnt? you would be none the wiser now.

No, but you could see the word summons through the clear window. and it "looks" like an official letter.

I should have just thrown it in the bin.