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District court and counter claims

  • 27-05-2009 11:39am
    #1
    simplistic
    Closed Accounts Posts: 147 ✭✭


    How do you enter a counter claim in the district court or how do you enter evidence into the evidence file?


Comments

  • #2
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    I assume you have had a Civil Bill served on you.

    Get a Defence and Counterclaim drafted, stamped and lodged with the District Court office together with your Notice of Intention to Defend.

    Get your solicitor to do this.

    You will see from the Civil Bill that you have 10 days to at least lodge the Notice to Defend.


  • #3
    simplistic
    Closed Accounts Posts: 147 ✭✭simplistic


    Just lets say this person isnt going to use a solicitor, he going to try do it Himself.

    He has been charged by a Gardai and wants to enter a counter claim.

    So you draft up your counter claim and send it to the clerk by mail with the case number on it?


  • #4
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    Hold on a second...

    So its a criminal matter. There is no counterclaim he simply wants to defend the matter. Then there is no need for a counterclaim but he may want all the prosecution documents.

    He needs to take proper advice from a solicitor or he will look very foolish as he clearly has no idea what he is doing.

    He needs a solicitor trust me.


  • #5
    simplistic
    Closed Accounts Posts: 147 ✭✭simplistic


    He wants to make a counter claim against the gardai who has made a claim against him...seems logical to me.


  • #6
    partyguinness
    Registered Users, Registered Users 2 Posts: 8,203 ✭✭✭partyguinness


    simplistic wrote: »
    He wants to make a counter claim against the gardai who has made a claim against him...seems logical to me.


    If he has been charged with a criminal offence then he is fully entitled to Defend himself in Court on the day of the hearing.

    If he is unhappy about the way he has been treated or has a complaint to make, then this should be directed to the Garda Ombudsman.

    If your friend has suffered personal injury or loss as a result of Garda actions, this can be taken up vis a Civil action against the gardai. This is very distinct from lodging a counterclaim and nothing to do with the criminal matters.

    Perhaps if you gave more info I could help you more.


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  • #7
    TheNog
    Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    simplistic wrote: »
    He wants to make a counter claim against the gardai who has made a claim against him...seems logical to me.

    Again you or your friend should get a solicitor. I cannot stress that enough.

    As PG stated if there is a complaint of treatment it shoud be directed towards the Ombudsman and not in the District Court.


  • #8
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Forum Charter folks - No advice. Some of you who posted above are on ban notice now.


This discussion has been closed.
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