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Proper service

  • 07-11-2009 5:23am
    #1
    orange247
    Registered Users, Registered Users 2 Posts: 33 ✭


    I have a few questions about the service of a summons that some of our more educated posters might be able to answer! :D It is not case specific, so don't worry I'm not looking for legal advice.

    What happens in a situation where a summons is served on a address where a defendent has not lived for a number of years?

    I know in a lot of cases the garda in question will deliver the summons by hand.

    However what happens if a summons is served on this old address by either registered post and signed for by a non related party, delivered by regular post or placed in a letterbox? Is this still deemed proper service even though the defendant no longer lives at this address and would be unaware of the delivery of said summons and of the court date on said summons?

    If the unrelated party kept, destroyed or returned the summons to the court, is this still proper service?

    Would a judge likely convict in absentia if postal service methods were used to serve the summons or would he order the gardai in question to be sure they gave 'proper service' and ask them to deliver the summons in hand by person?

    If the gardai went to service the summons in person by hand and an unrelated party informed them that the defendant no longer lives at this property, how many more times would a summons be likely renewed, if the gardai exhausted all efforts to serve it on the defendant, considering the offence is a minor summary one.

    Finally what happens when a summons expires after the initial twelve months and is not renewed, is the case struck out?


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