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Authenticating a legal claim

  • 20-06-2012 12:11pm
    #1
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭


    I have a moron pursuing me for discovery of user details on [a site I operate] at the moment, and I've sent him packing several times because of the Data Protection Act. He's now claiming that an Order has been granted in Castlebar court, is there a way of authenticating this? I've had a look at the Courts.ie site, but there's a lot going on there. :)


Comments

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


    Get a copy of the Order. Upon which will be a record number - Top Right Hand Corner usually in this form:

    "Record No. 000118/2012"

    Once you have it, also check that the Order is stamped with a stamp of seal of the Court. These are usually dated and signed by a Court Registrar.

    Then, ring the Court Office in question and ask them to validate the Record Number, Parties and nature of the Order. This should be easily done and a regular enough request.

    A solicitor will also be able to do this for little or limited cost, and probably more efficiently than you (no disrespect).

    Tom


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    How can he get an order against you if he doesn't know who you are??

    If its an order against the website the application would have to be made on notice to the website so they'd know it had been made.

    Also if there is an order you are entitled to see it


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


    Deleted User wrote: »
    How can he get an order against you if he doesn't know who you are??

    If its an order against the website the application would have to be made on notice to the website so they'd know it had been made.

    Also if there is an order you are entitled to see it

    I read that OP is known, may be that is not the case though. An ex parte order could be made in certain circumstances under the DP acts, though, as you correctly say, it should be on Notice: http://www.irishstatutebook.ie/1988/en/act/pub/0025/sec0008.html#sec8


  • #5
    dahamsta
    Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    Thanks for that Tom Young. I appreciate that a solicitor would do the job quicker, but I'm not spending a penny more on supporting this litigious idiot than I have to. I have to authenticate the claim though, because he comes across as a total Walter Mitty and he's representing himself so the docs he's sending me could be simply made to look legal.

    Kayroo, my company operates the website. The claim is against 6 users on the site. They said he was crap at his job. :rolleyes:

    He's also joined 3 Gardaí to the case, for not acting according to his wished. Like I said, Walter Mitty.


  • #6
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    I understand it is an offence to offer forward documents that purport to be from a court but are not in fact. A tactic I have heard is used by some debt collectors for example.


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  • #7
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    Delancey wrote: »
    I understand it is an offence to offer forward documents that purport to be from a court but are not in fact.

    A tactic I have heard is used by some debt collectors for example.

    Yes, they definitely do. Though they'll have somewhere on the letter a mention that it is not actually a court document.


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