Question RE Claim for a Minor

pampers1

My brother is due to turn 18 in 2 weeks and when he was younger his parents submitted a claim on his behalf. Everythign has been settled etc. and the money is Lodged in the Courts on his behalf until he turns 18.

It was many years ago that this happened and therefore we have no record number etc. The Solicitors have destroyed the file also. Can anyone tell me how I go about sorting it out through the four courts with no record number etc?

Any help is greatly appreicated.

hullaballoo

(Re reported post - it's not my view that this user is seeking legal advice, but just practical advice in relation to using the courts services.)

OP, I would go into the Four Courts personally and start my enquiries there. I'm not sure of the exact procedure, but there are probably ways to pull the case out from the records without the precise record number.

In fact, if you just have the names of the parties, that should be enough. If you felt comfortable about it, you could PM me the party names and maybe one or two details about the case and I can see if I can find a record number from the various legal databases.

pampers1

Was my thread reported??!! I'm most certainly NOT seeking legal advice. Just wondering is there a certain place to go to sort this out etc. or a certain phone number. Thanks for your help. I'll go in myself tomorrow morning in person and try to get it sorted.

hullaballoo

pampers1 wrote: »

Was my thread reported??!! I'm most certainly NOT seeking legal advice.

Yeah, but I wouldn't worry about it. I've asked people to be vigilant about post-reporting on this forum so it's a bit of a hair-trigger sometimes.

Just wondering is there a certain place to go to sort this out etc. or a certain phone number. Thanks for your help. I'll go in myself tomorrow morning in person and try to get it sorted.

Yeah, that's probably for the best.

sh_o

if it is high court, then you can search online at:
http://highcourtsearch.courts.ie/hcslive/cslogin

JD24

The Solicitor normally sends a copy of the Court Order to the parents for reference in future. However if you dont have this, if you have any information of when the case settled (year, month) or names of the parties invovled and bring the original or copy certified birth cert down to the Court they may be able to find the Lodgement this way. Most Courts have certain procedures so probably best to ring the Court Office.

nuac

Surprised that the solicitor dealing with the matter destroyed the file. In minors' cases there always has to be an application to the appropriate court office to pay out the funds. Also there might have been a need to get some of the money paid out before your brother reached 18 for e.g. educational or medical reasons.

the solicitors must have some record of the case, whether in Circuit COurt or HIgh COurt. I.e old ledger entries, old diaries etc Further unless your brother was a baby at the time of the accident he may have been in court himself. The settlement would have had to be approved by the Judge at the time. The judge frequently asks to see the minor especially if there was a scar or some limitation on movement.

Ask your brother where the case was heard. ( although both the High Court and Circuit COurt often site at the same venues, including at or near the Four Courts.)

Your brother could also write to the Accountants Office High COurt Four COurts Dublin and to your local County Registrar asking if they have any account in his name.
g

445279.ie

If you know how much he was awarded then you'll know which office to contact. Eg if under £5k (punts) then contact the District, between £5k and £30k then Circuit.

The money will have been invested in his name so should be easy enough to find.

He'll have to bring in an original birth certificate and an affidavit stating it's him etc. The court office will have a precedent to copy

Amazotheamazing

Ring the Courts Accounts office in Phoenix House (near Smithfield, Dublin 7). They'll have a record of the case and the money lodged, provided you know your brother's name and the defendant, (which I assume you do).

They'll then send you out a form when he turns 18 which needs to be witnessed by a solicitor or Commissioner for Oaths (iirc). Send the form back in with his birth cert and they'll send the money out in 6 to 8 weeks.

There's another procedure where a solicitor needs to draft an Affidavit, a Request for money lodged and an Exhibit (the birthcert), but I think that's being phased out.