Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Help Required Regardind Defence

  • 25-09-2011 2:03pm
    #1
    rep8888
    Registered Users, Registered Users 2 Posts: 28 ✭


    Hi everyone this is my first post in this forum and I am looking for any suggestions on what to do next.

    I was at home one day when a envelope was posted in my letterbox not addressed to anyone upon opening envelope there where papers from my wife’s solicitors regarding our separation.

    1: I have 10 days to make a appearance
    2: I have to make a defence within 10 days after I make a appearance

    I make my appearance within time allowed and send copy to my wife’s solicitor with cover letter stating that I find method of delivery to be ultra vires and I wait to hear from him ( I get no reply )

    I apply for legal aid and am accepted and placed on there waiting list

    I then send letter to my wife’s solicitor stating that I cant make my defence until I have been appointed and consulted with a solicitor and requested that a hold be placed on proceedings and I wait to hear from him (no reply).

    Then receive standard letter , Pursuant to order 27 of the rules of the circuit court they give me 14 days notice that if my defence is not delivered they will issue a motion for judgement and have consented to the late delivery of my defence for a period of 14 days

    What can I do as I don’t want to give a defence without discussing this with the solicitor that is appointed to me.

    Sorry this is so long and thanks for reading


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Contact your local law centre and tell them that you have received motion papers. See what they say.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Your local law centre will give you a letter saying that you are on the waiting list.

    Inform the solicitor for your wife that you are waiting on legal aid.

    If a motion for judgement is served upon you, appear in the County Registrar's court with a copy of the letter from the law centre.

    Once a legal aid solicitor is appointed, they will take your instructions and send them to a barrister to draft a defence (and probably counterclaim).

    If you are not eligible for legal aid you can either instruct private solicitors or defend the family law proceedings yourself.


  • #4
    alibode
    Registered Users, Registered Users 2 Posts: 1 ✭alibode


    hi
    my brother is in a similar situation except his ex has threatened to get a barring order or protection order merely to get him out of the house, he is not in a position to hire a solicitor and will be applying for legal aid, i am just wondering if she goes through with it would he be out on the street left on a waiting list for a solicitor or is there some sort of emergency provision for extreme/urgent cases.

    any info appreciated


Advertisement