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Judgement issued without warning

  • 01-09-2011 8:49pm
    #1
    misterelephant
    Registered Users, Registered Users 2 Posts: 2 ✭


    Is it possible for a judgement to be issued by a solicitor without pre-warning the intended recipient first.
    Should the answer be no, what action does the recipient have against the solicitor?


Comments

  • #2
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    misterelephant wrote: »
    Is it possible for a judgement to be issued by a solicitor without pre-warning the intended recipient first.
    Should the answer be no, what action does the recipient have against the solicitor?

    No. You should have received notice of the fact that proceedings were being issued against you. If you did not and a judgement has issued against you, you should talk to a solicitor ASAP as there are fairly strict time limits involved in appealing a judgement against you.


  • #3
    misterelephant
    Registered Users, Registered Users 2 Posts: 2 ✭misterelephant


    Blueythebear, Many thanks for the advice


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Solicitors don't issue judgements (in the formal sense), that is for the courts.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Victor wrote: »
    Solicitors don't issue judgements (in the formal sense), that is for the courts.

    It is however possible to get judgement in default in the circuit court or high court in the office without going into court. If a defendant has been served but fails to enter an appearance, judgement can be got by filling out some paperwork in the court office.


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    misterelephant wrote: »
    Is it possible for a judgement to be issued by a solicitor without pre-warning the intended recipient first.
    Should the answer be no, what action does the recipient have against the solicitor?

    If the matter is summary, i.e. Debt collection of a set amount, the plaintiff will issue proceedings, judgement can be got in the office if no appearance is entered. In the High court if you wish to defend proceedings of such a nature you must not only enter appearance but bring a motion to enter a defence.

    You say there was no warning, did the plaintiff serve you proceedings, did you enter appearance in the set time, did you inform the other side you have a defence.

    If you believe that judgement has been entered incorrectly, and you have a defence, you must bring a motion to set aside judgement, a solicitor can advise on this.


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