plenary summons

donegalway

how can you find out if a plenary summons has been issued. I had a RTA a good few yearsago and the solicitor acting for me seems to have done nothing for years and the last time I was talking to him he said he was waiting to see if a plenary summons had been issued

blueythebear

donegalway wrote: »

how can you find out if a plenary summons has been issued. I had a RTA a good few yearsago and the solicitor acting for me seems to have done nothing for years and the last time I was talking to him he said he was waiting to see if a plenary summons had been issued

Your post is unclear. At first it seems like you had an accident and wished to sue the other driver (or whoever is liable). If that's the case, then it's up to your solicitor to issue a summons to initiate proceedings. However, if your soliccitor is saying that he's waiting to see if a summons has issued, then it would seem that you are the one who's liable for the particular accident and that you're expecting to be sued.

Either way, there is a time limit on PI proceedings of 2 years (although previously that was 3 years (i think!)). Depending on the date of your accident, it may be statute barred and no pkenary summons will ever issue.

donegalway

in fact i was the injured party, i was cycling to work and a passenger in a van opened the door in front of me on a cold frosty december morn.
i had one solicitor for a few years who never returned calls and eventually changed when i arrived at his office for an appointment we had arranged and to find he was elsewhere and non of the office staff knew of my appointment. apparrently he issued it, i have a copy it has a high court stamp and is signed by the solicitor. i got new solicitor and told him of all the problems i had and unfortunately he has been as bad, in our last conversation he said he was trying to find out about this plenary summons.

Reloc8

Go here http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/ED7DB82498D0F84B8025732B00352C89?opendocument

Click 'High Court Online Search'. Click 'I accept'. Enter the name of the Plaintiff (yourself presumably) and select P in the Proceedings tab. Click 'Search'.

Make sure you put in the correct variant of your name Thomas/Tommy/Mike/Michael etc.

If you don't find it on there, it might mean it has not been issued.

edit : sure, if you have a copy of it, then of course its been issued. It may not however have been served. Talk to your solicitor about it.

injuriesboard

Since July 2004, any person who wants to seek compensation for injuries incurred in an accident caused by another party, must apply to the Personal Injuries Assessment Board, now operating as InjuriesBoard.ie. Here is a link to the Board’s website http://injuriesboard.ie The Board also operates a Service Centre at Lo Call 1890 829 121.

blueythebear

donegalway wrote: »

in fact i was the injured party, i was cycling to work and a passenger in a van opened the door in front of me on a cold frosty december morn.
i had one solicitor for a few years who never returned calls and eventually changed when i arrived at his office for an appointment we had arranged and to find he was elsewhere and non of the office staff knew of my appointment. apparrently he issued it, i have a copy it has a high court stamp and is signed by the solicitor. i got new solicitor and told him of all the problems i had and unfortunately he has been as bad, in our last conversation he said he was trying to find out about this plenary summons.

Ok well the summons was filed. It's unknown if it has been served and it's unknown if you went to PIAB or even if you had to at the time. It's feasible that it could have been served and the case has just sat there for a few years (although this would be unusual). I'd suggest arranging a meeting with your solicitor and trying to find out the story with the case as only he would know the full information.