Gardai witnessing service of civil correpondence

Export · 03-09-2014 1:39pm #1

What is the law on this please?

blueythebear · 03-09-2014 2:12pm

There is no law on this. Are you suggesting that you would like to hand someone a letter and you want to get a garda to witness this?

I cant see any garda doing this for you. Plus its completely unnecessary. You can personally deliver it or send it by registered post if you wish. Either of those would suffice in almost all scenarios.

Export · 03-09-2014 2:16pm

blueythebear wrote: »

There is no law on this. Are you suggesting that you would like to hand someone a letter and you want to get a garda to witness this?

I cant see any garda doing this for you. Plus its completely unnecessary. You can personally deliver it or send it by registered post if you wish. Either of those would suffice in almost all scenarios.

No, I've had two letters served on me, with a convoy of gardai present. Slight exaggeration, a garda car, with two gardai.

goldenhoarde · 03-09-2014 2:20pm

Depends on what the letters contain/refer to, if the gardai delivered them then they must be doing so as part of their duty. Or were the gardai present only and the letter served by your LL (as I've seen your other post). If so they may have been present to keep the peace

Export · 03-09-2014 2:21pm

goldenhoarde wrote: »

Depends on what the letters contain/refer to, if the gardai delivered them then they must be doing so as part of their duty. Or were the gardai present only and the letter served by your LL (as I've seen your other post). If so they may have been present to keep the peace

Keeping the peace would not be an issue, unless someone breaks into my home.

Gatling · 03-09-2014 2:22pm

Has this got to do with your issue of non payment of rent from your other thread

Export · 03-09-2014 2:23pm

Yes detective Gatling, it has.

marieholmfan · 03-09-2014 2:24pm

Is the landlord a former policeman
Contact GSOC

marieholmfan · 03-09-2014 2:25pm

Is the landlord a former policeman
Contact GSOC

Export · 03-09-2014 2:25pm

marieholmfan wrote: »

Is the landlord a former policeman
Contact GSOC

No, I believe he's a Freeman.

blueythebear · 03-09-2014 2:27pm

Export wrote: »

Keeping the peace would not be an issue, unless someone breaks into my home.

Its likely then that the garda was there to keep the peace and that there is some imperative that you be served personally with the document.

The garda wouldnt be needed to witness delivery as the person that delivered it can swear on affidavit that he did deliver it.

Export · 03-09-2014 2:29pm

On what basis would a garda deem it necessary to be present to 'keep the peace'?

Grolschevik · 03-09-2014 2:35pm

Export wrote: »

On what basis would a garda deem it necessary to be present to 'keep the peace'?

On the basis that you said you called them the other day because your landlord and two others apparently broke into your house and refused to leave. On the basis that a breach of the peace might be a possibility.

Get a solicitor. If you can't afford one, consult FLAC, Threshold or citizens info. Drip-feeding vaguely related questions to random people on an internet forum will not and has not done you any good.

http://www.flac.ie/

http://www.threshold.ie/

http://www.citizensinformation.ie/en/housing/renting_a_home/

blueythebear · 03-09-2014 2:36pm

Export wrote: »

On what basis would a garda deem it necessary to be present to 'keep the peace'?

Probably when he is told that a document requires personal service and the person serving the document is of the view that there might be an aggressive reaction.

The presence of the gardai is not the issue. The content of the served document is the issue. Deal with that and you wont have gardai coming around

blueythebear · 03-09-2014 2:40pm

Grolschevik wrote: »

On the basis that you said you called them the other day because your landlord and two others apparently broke into your house and refused to leave. On the basis that a breach of the peace might be a possibility.

Get a solicitor. If you can't afford one, consult FLAC, Threshold or citizens info. Drip-feeding vaguely related questions to random people on an internet forum will not and has not done you any good.

http://www.flac.ie/

http://www.threshold.ie/

http://www.citizensinformation.ie/en/housing/renting_a_home/

Having looked at the other thread, this is spot on.

For what its worth, youre going down a messy road, one which i would recommend you avoid. It appears that you are only delaying the inevitable and adding a large serving of unnecessary drama to the whole debacle.

Timberrrrrrrr · 03-09-2014 2:41pm

blueythebear wrote: »

Having looked at the other thread, this is spot on.

For what its worth, youre going down a messy road, one which i would recommend you avoid. It appears that you are only delaying the inevitable and adding a large serving of unnecessary drama to the whole debacle.

One gets the feeling that this could be intentional.

goldenhoarde · 03-09-2014 2:50pm

Export wrote: »

Keeping the peace would not be an issue, unless someone breaks into my home.

This post could be considered menacing

:D After your issues the other day no doubt your LL requested them to come along, would possibly help him down the road if PTB hearing held.

Export · 03-09-2014 2:52pm

goldenhoarde wrote: »

This post could be considered menacing :D After your issues the other day no doubt your LL requested them to come along, would possibly help him down the road if PTB hearing held.

No, he broke into my house, when the car was gone. Him and 2 others. I called the guards. He sat on my doorstep and refused to allow me to close my front door. The guards think he's a great fella.

Timberrrrrrrr · 03-09-2014 2:52pm

Export wrote: »

No, he broke into my house, when the car was gone. Him and 2 others. I called the guards. He sat on my doorstep and refused to allow me to close my front door. The guards think he's a great fella.

Kinda taken a shine to him myself.

Export · 03-09-2014 2:54pm

Freeman thread is thataway

>

Valetta · 03-09-2014 2:56pm

Export wrote: »

No, he broke into my house, when the car was gone. Him and 2 others. I called the guards. He sat on my doorstep and refused to allow me to close my front door. The guards think he's a great fella.

Don't think so.

Timberrrrrrrr · 03-09-2014 2:56pm

Export wrote: »

Freeman thread is thataway
>

Export · 03-09-2014 2:57pm

Valetta wrote: »

Don't think so.

I recorded it.

endacl · 03-09-2014 2:59pm

Y'know Export. If you'd just pay your rent on time and in full, you wouldn't have to be starting all these threads looking for free legal advice....

Valetta · 03-09-2014 2:59pm

Export wrote: »

I recorded it.

I was referring to the bolded parts in your quoted post.

Timberrrrrrrr · 03-09-2014 2:59pm

Export wrote: »

I recorded it.

I think the poster was pointing out that it's not "YOUR" doorstep/home etc.

Export · 03-09-2014 3:00pm

Timberrrrrrrr wrote: »

I think the poster was pointing out that it's not "YOUR" doorstep/home etc.

Oh but it is.

Timberrrrrrrr · 03-09-2014 3:01pm

Export wrote: »

Oh but it is.

You don't own it so technically it's not yours

Export · 03-09-2014 3:01pm

Timberrrrrrrr wrote: »

You don't own it so technically it's not yours

Tenancy Act

>

Timberrrrrrrr · 03-09-2014 3:02pm

Export wrote: »

Tenancy Act
>

Yeah

Ok

Valetta · 03-09-2014 3:02pm

Timberrrrrrrr wrote: »

You don't own it so technically it's not yours

Nor do they pay rent on it.

Export · 03-09-2014 3:02pm

endacl wrote: »

Y'know Export. If you'd just pay your rent on time and in full, you wouldn't have to be starting all these threads looking for free legal advice....

Y'know - I hadn't thought of that.

Export · 03-09-2014 3:03pm

Valetta wrote: »

Nor do they pay rent on it.

Oh but 'they' do. 'They' are just in arrears.

Timberrrrrrrr · 03-09-2014 3:04pm

Export wrote: »

Oh but 'they' do. 'They' are just in arrears.

So when you are evicted in whatever time/fashion will it still be "YOUR" doorstep/door?

Valetta · 03-09-2014 3:05pm

Export wrote: »

Oh but 'they' do. 'They' are just in arrears.

The period for which you paid rent has expired- gone - it's over.

As of now, according to yourself you are not paying rent.

Export · 03-09-2014 3:05pm

Timberrrrrrrr wrote: »

So when you are evicted in whatever time/fashion will it still be "YOUR" doorstep/door?

Ah no. You get what you pay for.

fartyarse · 03-09-2014 3:05pm

Export wrote: »

Y'know - I hadn't thought of that.

Export, you are coming on here in multiple threads looking for everyone to tell you what you want to hear; 'oh poor you, that scoundrel of a landlord' etc etc, but your attitude (both towards your situation and towards other boardsies) absolutely STINKS.

Export · 03-09-2014 3:06pm

Valetta wrote: »

The period for which you paid rent has expired- gone - it's over.

As of now, according to yourself you are not paying rent.

I'm in arrears due to inability to pay.

Timberrrrrrrr · 03-09-2014 3:06pm

Export wrote: »

Ah no. You get what you pay for.

Except when you don't pay right?

Export · 03-09-2014 3:06pm

fartyarse wrote: »

Export, you are coming on here in multiple threads looking for everyone to tell you what you want to hear; 'oh poor you, that scoundrel of a landlord' etc etc, but your attitude (both towards your situation and towards other boardsies) absolutely STINKS.

Says fartyarse.......

Export · 03-09-2014 3:08pm

Timberrrrrrrr wrote: »

Except when you don't pay right?

I'd say banks love you.

Grolschevik · 03-09-2014 3:08pm

Export wrote: »

Says fartyarse.......

In all fairness, that is funny...

Penny Tration · 03-09-2014 3:09pm

Export wrote: »

Says fartyarse.......

Well, what do you expect?

You were a couple of hundred in arrears. Then didn't pay ANOTHER rent payment.

Then wheb boardsies chastise you, you're a smart arse to them. Pay your rent, or move out.

Timberrrrrrrr · 03-09-2014 3:09pm

Export wrote: »

I'd say banks love you.

Why? Because i pay my bills?

logically · 03-09-2014 3:20pm

This is an awful situation. Can we not all club together for this man and pay the arrears?

WHERE IS THE COMPASSION?

ROMANTIC IRELAND - IS IT DEAD AND GONE?

TherapyBoy · 03-09-2014 3:31pm

logically wrote: »

WHERE IS THE COMPASSION?

ROMANTIC IRELAND - IS IT DEAD AND GONE?

O'Leary in the grave

>>

marieholmfan · 03-09-2014 3:36pm

Contact GSOC

marieholmfan · 03-09-2014 3:37pm

Contact GSOC

lollsangel · 03-09-2014 3:39pm

When your ll sent you the first notice of arrears did you engage him, and offer some amount of money to offset the arrears?

Beano · 03-09-2014 3:42pm

marieholmfan wrote: »

Contact GSOC

have the guards done something wrong?

Ravenid · 03-09-2014 4:49pm

Ok.

Export, you've asked for advice on a couple of things in a few threads and I'm gonna give you the best advice I can in this situation.

I'm not going to be a smartarse but I'm not going to sugarcoat it either ok?

1: You are going to be evicted - I hope you already know this and are making plans for another place to stay.

2: Ring the PTRB - The lack of rent paying will end badly for you in any case brought but they can assist in stopping the LL doing anything further until your eviction date.

3: Speak with a friend/family member. Ask them for assistance be it a place to crash or even a loan. Staying where you are is not going to help anyone.

4: Call your landlord. Try and work something out. Even if its too late try and arrange something that will give you time to find a new place to live.

5: Speak to a lawyer - If the landlord wants to he could bring you to court to get any money owed from you.

6: Drop the "Freeman" rubbish. It wont help, impress or change the minds of anyone and if your defence is just "But he's a Freeman!!!" you are gonna loose big time. You are in a serious situation now. One that is going to effect you further on in life. You want help from the thread? Treat the people giving you advice some respect. This isn't After Hours.

7: Speak to the following:

www.PTRB.ie
www.citizensinformation.ie
http://www.legalaidboard.ie/

Oh and the Guard? If he turns up again ask why he is there. If he wont give an answer take his number and ask what station he is from. If you are unhappy with any answer call his station and ask if he was sent by them. If he wasn't then he is on his own time and can enforce nothing. He's also a good reason to speak to a lawyer. If he is just a mate of the LL doing a favour and pops up again having mentioned him to the lawyer can help later as it would show as intimidation. If he never shows again...then you have nothing to worry about.

Gardai witnessing service of civil correpondence

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