Draft Civil Summons?

drunkmonkey

Just got one of these, Is it work the paper it's written in or is it just a case of the solicitors trying to scrare me into settling as it looks offical.
Surley they need a proper summons and summon me to court so I can have a chance to defend myself.
First time i've seen this. It says if I don't pay the amount on the draft civil summons within 7 days a judgement will be obtained against me.

Reloc8

You need legal advice.

It shouldn't say 'Draft' upon it. This however is not fatal to the case against you.

In a general sense as to whether its a scare tactic or not, if it is stamped by the District Court Office it has been issued and you can take it that you are therefore actually being sued as opposed to a threat to sue being made. That's fairly serious and you need to address it. If it is not stamped by the District Court Office it has not been issued, yet, but no doubt that is imminent.

Get to a solicitor.

drunkmonkey

It's not stamped, dated or does not have a record number. I've got summons before but this just looks like somebody made it up, My question really is do they legally have to notify me and give me a chance to represent myself in court with a real summons? I'm sure they couldn't just tell the judge we sent him a draft summons? I want my day in court if they don't back down before hand, i've all my ducks in a row so will represent myself if it goes that far. They don't have a leg to stand on I feel there just using bullying tactics.

Tester46

Reloc8 wrote: »

If it is not stamped by the District Court Office it has not been issued, yet, but no doubt that is imminent.

Not necessarily. It is not beyond the bounds of possibility that a debt collection agency or firm of solicitors could send a draft summons as a tactic to "encourage" those who don't know better to pay. Receiving any legalistic court documents, even a draft, is very intimidating for the average person. It does not at all follow that an official summons is imminent.

You should definitely seek legal advice, but you might make it a preliminary meeting, pending a real official summons arriving.

And no, they can't just tell the judge they sent you a draft. They need to serve the real deal on you and there are court rules setting out how that is done.

drunkmonkey

Tester46 wrote: »

It is not beyond the bounds of possibility that a debt collection agency or firm of solicitors could send a draft summons as a tactic to "encourage" those who don't know better to pay. Receiving any legalistic court documents, even a draft, is very intimidating for the average person.

They need to serve the real deal on you and there are court rules setting out how that is done.

I will represent myself, I don't think it would go that far as their paperwork is just not in order, a judge would throw it straight out as they've proof of nothing. I'm not 2 concerned about the case itself. It was just the draft summons puzzled me.
As you said it does look like the solicitors are just praying on the fact most people don't know better.
If it is being used to intimidate is that not breaking a law in itself, i'd conside it bordering on forgery.

radioface

drunkmonkey wrote: »

It's not stamped, dated or does not have a record number. I've got summons before but this just looks like somebody made it up, My question really is do they legally have to notify me and give me a chance to represent myself in court with a real summons? I'm sure they couldn't just tell the judge we sent him a draft summons? I want my day in court if they don't back down before hand, i've all my ducks in a row so will represent myself if it goes that far. They don't have a leg to stand on I feel there just using bullying tactics.

In the case of District Courts outside Dublin city, the Civil Summons isn't entered in court until after it is served on you, therefore it would not have a record number at the date of serving. Also, you would be served with a copy of the summons, not the stamped original (this would be entered in court).

You should see a solicitor for appropriate legal advice.

drunkmonkey

radioface wrote: »

In the case of District Courts outside Dublin city, the Civil Summons isn't entered in court until after it is served on you, therefore it would not have a record number at the date of serving. Also, you would be served with a copy of the summons, not the stamped original (this would be entered in court).

.

Should the summons not say the court house, the date, have a refrence number, this summons contains none of those details. Yet it has the offical document number for a real summons, it also has the harp and and says The District Court on the Top.
Form No. 39.2
Schedule C
0.39, r2


It's a pure bluff, I don't know how it's legal for a company to do this, there's only one kind of summons you should ever send someone and that's a real one. You should not be able to use court documents for intimidation. :mad:

radioface

Talk to a solicitor. You shouldn't dismiss this as a scare tactic without seeking the requisite legal advice. The District Court debt process moves relatively quickly, and if you fail to enter a defence on time, summary judgment could be obtained against you, which could affect your credit rating. If you cannot afford a solicitor, FLAC may be able to assist you.

Tom Young

Sorry but I am closing this thread. Thanks.

dermot_sheehan

If you wish to contest it, file the notice of intention to defend, otherwise summary judgment will be entered against you.

It won't be heard on the first day, a hearing date will be given.

There should be a notice of intention to defend form included with the summons.


FLAC can not represent you in court, can only give legal advice.