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Notice of Discontinuance

  • 07-11-2011 10:37am
    #1
    DubTony
    Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭


    My business went bust recently and with no way to pay the debts covered by personal guarantees I've found myself in an awkward legal situation. I feel I have effectively - I'll put it this way - used up the free advice of my solicitor, (I can't afford to pay him anything) so I just don't feel right about calling him every time I get another registered letter.
    So if anyone can give me some info I'd very much appreciate it. I recently received a Notice of Discontinuation from a creditors solicitor stating simply

    "WE hereby wholly discontinue this Action"

    I assumed this was to inform me that they weren't going ahead with legal proceedings. However last week I received a further letter containing an Ordinary Civil Bill requiring me to enter an Appearance or allow the plaintiff to proceed to obtain judgement against me.

    Was I wrong about the Notice of Discontinuance?

    Thanks


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    You can't seek legal advice here! ...

    It might be a different set of proceedings, check the record number on both and you might see some differences.


  • #3
    DubTony
    Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    Tom Young wrote: »
    You can't seek legal advice here! ...

    I wouldn't dream of it, but for clarity I'll frame my request for information (as opposed to advice) in a different way.

    Is a Notice of Discontinuance generally a definitive end to proceedings?


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Generally, yes. One must make sure though that the proceedings have not re-issued due to some clerical error, etc. Thus the pending default might well be live.


  • #5
    DubTony
    Registered Users, Registered Users 2 Posts: 3,267 ✭✭✭DubTony


    Tom Young wrote: »
    Generally, yes. One must make sure though that the proceedings have not re-issued due to some clerical error, etc. Thus the pending default might well be live.

    Ok, thanks very much. I'll look into it.


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