Can a summons be cancelled?

jwww9120

Hi all...

I have received a summons to appear at court for non filing of tax returns. I can't afford to pay a solicitor. What I need to know is, is there any chance of this not happening? What happens next?

NUTLEY BOY

Solicitor time....

I see what you say about affordability of a solicitor. It should be possible to get representation. Put another way, you cannot afford to be without proper advice and representation to protect your legal position.

Generally speaking, not everything that starts with a summons always goes the full distance.

coylemj

Why would the revenue cancel it?

To answer the question in the thread title, there are situations where a summons can be cancelled if you comply with conditions laid down by the state agency which applied to take you to court. I believe, for example, that a summons for no TV Licence can be cancelled, I assume if you produce a current (and backdated) TV licence and pay something towards their 'expenses' i.e. a fine in all but name.

But..... I ask again, why would the revenue back down and cancel your summons? Have you filed the required returns since?

Mr. Incognito

Burying your head in the sand will not make this go away.

foxatron

Its happening. Have you made any contact with revenue to make payments? Have you even submitted your returns for those periods. If not i suggest you do so asap.

jwww9120

To clarify.. I don't plan on burying my head in the sand. I understand that I need to deal with this. I have not yet completed the returns.

As it stands, I can't see how I will have any tax liability as I have made a loss for the period in question. I only got the summons this week, and it is for a date later this month. I'm just concerned about how this will affect me.. I have a lot on my plate and I'm worried about how this as a criminal conviction will affect my life. Will it mean I can't travel to the States etc? What are the practical implications?

Inmyownworld

If the returns had been filed before the date on the summons then the summons could be cancelled - that's pretty much the only reason it wouldn't proceed.

If you ignore it you will get convicted in your absence, which can be a max fine of €5,000.00 per year you're summonsed for.

Make contact with Revenue, get your taxes filed and bring proof to Court, the Judge has the discretion to reduce the fine IF the taxes are filed.

SEPT 23 1989

Forget about getting a solicitor get the returns in and then contact the revenue solicitor

Mr. Incognito

SEPT 23 1989 wrote: »

Forget about getting a solicitor get the returns in and then contact the revenue solicitor

Do NOT do this. Revenue sanctions are criminal sanctions.

Get a solicitor.

Really Interested

jwww9120 wrote: »

Hi all...

I have received a summons to appear at court for non filing of tax returns. I can't afford to pay a solicitor. What I need to know is, is there any chance of this not happening? What happens next?

You may be entitled to criminal legal aid. Ask any local criminal solicitor if you are entitled to Legal Aid he will make the application on the first return date.

ebbsy

Get the returns filed asap. That will help you a lot in court.

SEPT 23 1989

Mr. Incognito wrote: »

Do NOT do this. Revenue sanctions are criminal sanctions.

Get a solicitor.

whats the point he hasn't a leg to stand on without the returns being made

the only ones who can cancel the summons is the revenue solicitor

Really Interested

SEPT 23 1989 wrote: »

whats the point he hasn't a leg to stand on without the returns being made

the only ones who can cancel the summons is the revenue solicitor

Have you read the summons, are you sure he is being charged under the correct Act, are you sure is a a person required to make a return by law, are you sure he does not have a statutory defence or some other defence to the charges.

Are you sure that any further action will not lead to some other criminal breaches.

Its funny a solicitor who he may be entitled to under the criminal legal aid scheme may be actually able to answer all questions

Fred Swanson

This post has been deleted.

Pat Mustard

Mod:

Legal advice is not allowed here. Thread closed.

The OP is advised to see an accountant/tax consultant to deal with returns and to see a solicitor for legal advice.

OP, please do not open any more new threads.