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

court finding people

  • 22-06-2014 4:13pm
    #1
    cena
    Registered Users, Registered Users 2 Posts: 10,071 ✭✭✭✭


    My brother has an on going case and the solicitor has them that court can't do anything. They can't find their guys that the case is against.
    I know one guy has a business which I have told the solicitor since she spoke to the brother.
    She says they can't do anymore till she can get their home address.

    What I want to know is, can the solicitor just send a letter to one of guys place of business.


Comments

  • #2
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    You can send the letter to any address but that is no good unless it can be proved that the person received it. You will need to prove personal service. You probably need to hire a private investigator/summons server unless you want to try and locate this person yourself.


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    cena wrote: »
    What I want to know is, can the solicitor just send a letter to one of guys place of business.

    I presume that this is about where to send court proceedings. It's not clear what jurisdiction which should apply, but see the District Court Rules.
    4 Commencement of civil proceedings 4. (1) Subject to the provisions of these Rules which apply to particular categories of claims or cases, a civil proceeding must be commenced by the filing for issue and service of a claim notice.
    (2) Save where otherwise provided by these Rules or by an Act and subject to Order 41B and the Conventions to which it relates, a claim notice must be filed with and issued by the Clerk for the Court area:
        (a) in which the respondent or one of the respondents ordinarily resides or carries on any profession, business or occupation,


        or at the election of the claimant,
            (b) in proceedings founded on contract, (except proceedings arising from an agreement under the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010)) in which the contract is alleged to have been made, or(c) in proceedings founded on tort, in which the tort is alleged to have been committed, or
            (d) in ejectment proceedings, in which the lands the subject of the proceedings are situated.


            (3) Filing must be effected by filing with the Clerk assigned to the Court area referred to in sub-rule (2), in person or by post. (4) Unless otherwise provided by law, civil proceedings in the Court must be heard and determined at a sitting of the Court for the transaction of civil business for the Court area in which the civil proceeding was brought.
            (5) A claim notice which has been issued by a Clerk is deemed to have been issued on the date on which it was filed with the Clerk for issue.


          • #4
            cena
            Registered Users, Registered Users 2 Posts: 10,071 ✭✭✭✭cena


            Santa Cruz wrote: »
            You can send the letter to any address but that is no good unless it can be proved that the person received it. You will need to prove personal service. You probably need to hire a private investigator/summons server unless you want to try and locate this person yourself.

            Who much is a summons server?


          Advertisement