Challenging a Judgement

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A credit union is trying to secure a judgement against a family member for non payment of a loan. Long story short, my sibling was served with a civil bill for non payment, they never appeared on the said date and received another letter stating a civil bill was being lodged with the circuit court for default of appearance. I got my sibling to contact the circuit court and they confirmed that the civil bill had been lodged however no judgement has been handed down.

Is there any recourse for my sibling at this stage in terms of challenging the judgement or at least prevent the judgement from being handed down at this stage while we get affairs in order? The amounts involved aren't huge i.e. less than €20k

esforum

I would consider 10 or 15k hige but horses for courses I suppose

Why did she not attend? That was reckless

NUTLEY BOY

Oscar Deafening Skyjacker wrote: »

A credit union is trying to secure a judgement against a family member for non payment of a loan. Long story short, my sibling was served with a civil bill for non payment, they never appeared on the said date and received another letter stating a civil bill was being lodged with the circuit court for default of appearance. I got my sibling to contact the circuit court and they confirmed that the civil bill had been lodged however no judgement has been handed down.

Is there any recourse for my sibling at this stage in terms of challenging the judgement or at least prevent the judgement from being handed down at this stage while we get affairs in order? The amounts involved aren't huge i.e. less than €20k

If you are served with a Circuit Court Civil Bill you must file an entry of appearance - this is paperwork as distinct from appearing in person.

If you do not file an appearance within the prescribed time limit three consequences follow ;

1.The defendant will be deemed to be admitting liability.
2.The plaintiff may bring a motion for judgment in default of an appearance.
3.If 2 succeeds the matter will then be listed for hearing for an assessment of damages.

If the defendant contacts a solicitor it is usually possible to put in a late entry of appearance by agreement with the opposition or by the consent or order of the judge dealing with the motion for judgment. DO IT NOW..........

v638sg7k1a92bx

NUTLEY BOY wrote: »

If you are served with a Circuit Court Civil Bill you must file an entry of appearance - this is paperwork as distinct from appearing in person.

If you do not file an appearance within the prescribed time limit three consequences follow ;

1.The defendant will be deemed to be admitting liability.
2.The plaintiff may bring a motion for judgment in default of an appearance.
3.If 2 succeeds the matter will then be listed for hearing for an assessment of damages.

If the defendant contacts a solicitor it is usually possible to put in a late entry of appearance by agreement with the opposition or by the consent or order of the judge dealing with the motion for judgment. DO IT NOW..........

Thanks for the reply. Incidentally I had a meeting with a solicitor and they didn't seem au fait with the proceedings and suggested we contact the circuit court, it's a small fee in the grand scheme of things so maybe the solicitor didn't want the engagement.

Is this something we can do ourselves?

esforum

why are you seeing a solicitor for a case against a relative?

Spidey sense is tingling

v638sg7k1a92bx

esforum wrote: »

why are you seeing a solicitor for a case against a relative?

Spidey sense is tingling

Don't know how you got that end of the stick. My very first post says..

Oscar Deafening Skyjacker wrote: »

A credit union is trying to secure a judgement against a family member for non payment of a loan.

NUTLEY BOY

Oscar Deafening Skyjacker wrote: »

Thanks for the reply. Incidentally I had a meeting with a solicitor and they didn't seem au fait with the proceedings and suggested we contact the circuit court, it's a small fee in the grand scheme of things so maybe the solicitor didn't want the engagement.

Is this something we can do ourselves?

I am disturbed that a solicitor did not know an elementary step in relation to proceedings and point it out to a client irrespective of whether or not they wanted the case

A further problem might arise in relation to standing. A person against whom the proceedings issued is the one who should be taking the requisite actions i.e the defendant is actually the party who should be sitting in front of the solicitor unless there is some good reason why they cannot do so. A solicitor would be rightly wary of taking remote control instructions from someone who is not the actual client.

A defendant can represent themselves as a litigant in person but that is a decidedly dodgy path if they do not know exactly what they are doing.

A litigant in person is wide open to be taken for a right gallop I would consider this particularly relevant in the context of the potential quantum of < €20,000 to which there will be the addition of interest and legal costs.

This shows the classic opening signs of a right mess in the making through things not being handled properly. A solicitor should be instructed to get a grip on this now and stop it running away. A case will not go away if proceedings are ignored.

esforum

Oscar Deafening Skyjacker wrote: »

Don't know how you got that end of the stick. My very first post says..

These are the statements you made. I am not asking why you are suing a relative, I am asking why you are speakign with a solicitor for a case that is nothing do with you. By all means support your sibling but its them that needs to seek legal advise.

Oscar Deafening Skyjacker wrote: »

A credit union is trying to secure a judgement against a family member for non payment of a loan.

Oscar Deafening Skyjacker wrote: »

Incidentally I had a meeting with a solicitor

esforum

NUTLEY BOY wrote: »

A case will not go away if proceedings are ignored.

I dunno, it worked out well in the end for Bart V Australia

Pat Mustard

esforum wrote: »

These are the statements you made. I am not asking why you are suing a relative, I am asking why you are speakign with a solicitor for a case that is nothing do with you. By all means support your sibling but its them that needs to seek legal advise.

Mod:

Please drop this line of questioning, at this stage. It doesn't facilitate legal discussion and it's off topic.

Other comments about your spidey senses are also unhelpful, so please keep them to yourself.

esforum

right so, Im not allowed seek clarlification when posts appear contradictory, right then back on topic.

OP, Your relatiive is being sued, they should seek profession assistance directly.

Pat Mustard

esforum wrote: »

right so, Im not allowed seek clarlification when posts appear contradictory, right then back on topic.

Mod

It's clear enough.

Please don't post in this thread again.

The_Minister

Oscar Deafening Skyjacker wrote: »

Thanks for the reply. Incidentally I had a meeting with a solicitor and they didn't seem au fait with the proceedings and suggested we contact the circuit court, it's a small fee in the grand scheme of things so maybe the solicitor didn't want the engagement.

Is this something we can do ourselves?

A circuit court debt defence fee is a nice little earner....unless your family member has no defence whatsoever and can't afford to pay up front.

v638sg7k1a92bx

The_Minister wrote: »

A circuit court debt defence fee is a nice little earner....unless your family member has no defence whatsoever and can't afford to pay up front.

That's the problem. Their completely smashed.