Builder not replying to Plenary Summons

Hannaho

What does it mean if Builder has not replied to Plenary Summons - 6 weeks ago, and has not got a Solicitor on record? Engineer and Surveyor have solicitors and they have accepted service. Is this unusual?

Squatter

Hannaho wrote: »

What does it mean if Builder has not replied to Plenary Summons - 6 weeks ago, and has not got a Solicitor on record? Engineer and Surveyor have solicitors and they have accepted service. Is this unusual?

"If the defendant fails to enter an appearance, the plaintiff can apply to court for judgement in default of appearance. This means that because the defendant has failed to acknowledge the proceedings and indicate that they intend to defend them, the plaintiff may obtain a judgement from the court against the defendant without the need for a trial."

http://www.citizensinformation.ie/en/justice/civil_law/originating_summons.html

Hannaho

Thanks, Squatter for this. But why is my solicitor not doing this then. Is she waiting to see how liability is decided with the other two defendants - that could be a year or so??

Squatter

Hannaho wrote: »

But why is my solicitor not doing this then.

Is she waiting to see how liability is decided with the other two defendants - that could be a year or so??

They are probably questions that your solicitor should answer rather than an unqualified boards.ie poster like me!

Victor

The question has to be asked why the builder isn't responding. Summons not delivered? Have they gone bust? Lost documentation? Principal ill? Rowing with the other parties?

nuac

Mod
Your solicitor is best able to advise you.
Closed