Bench warrant for non attendance

BohsCeltic

It's regarding a loan from years ago. I received a letter from a solicitors office saying a bench warrant has been issued.

I rang the garda station and left my details.

I have a brain injury so I'm somewhat unsure what to do, They also called the hospital i was in as my sister had told them, this was 3 years ago.

I have tried citizens advice and mabs but cannot get through, anything I should do?

Victor

A solicitor might be useful. https://www.flac.ie/

Get a letter from your GP to confirm your medical condition(s).

Xterminator

https://peterconnolly.ie/bench-warrant-solicitor-needed/#:~:text=A%20number%20of%20cases%20have,your%20family%2C%20friends%20%26%20associates.

read that - they are solicitors. they want business! if you can afford it with or without family help get legal advice. pay for it if you can. free legal aid may be possible, but take legal advice on that.

otherwise I recommend you call the guard and get them onside. offer to meet them at the courts at an arranged date so he can execute the warrant.

BohsCeltic

I can't afford it, and the Flac office is closed.

Nobody called to my home, I just called the garda station and left my details

hullaballoo

Bench warrants don't get issued for loans. There are a few showers of eejits around who are very quick to use language that's very threatening and looks serious in their letters but there is nothing behind it.

How much was the loan?

BohsCeltic

It was for 5k. They said to contact their offices or the Garda .

They said the Garda wil be in contact to execute the warrant

The only reference I had was their reference

cml387

https://www.boards.ie/discussion/comment/121922557#Comment_121922557

The Gardai do not enforce debts. This is just intimidation.

BohsCeltic

Even if the letter states a judge in the district court has issued a bench warrant?

AnRothar

We might be missing a few details in terms of terminology.

Sheriff? Rather than Guards.

https://www.citizensinformation.ie/en/money-and-tax/personal-finance/debt/enforcement-of-debt-judgments/

Boardnashea

A bench warrant can be issued if there is a long overdue debt. Can you make contact with the original lender and open discussions on resuming payments.

You could also contact the court office and let them know you are willing to discuss the matter. They will also be able to tell you what stage the case is at currently.

BohsCeltic

20240321_152743.jpg

This was it

Boardnashea

When you meet the Garda, let them know you are now able to attend court and are willing to discuss the debt. If you attend court and are upfront with the judge and willing to start to deal with the debt, I'm sure the judge will give you the opportunity to do so.

artanevilla

Couple of grammatical errors on that letter, could be an intimidation tactic, Gards will be able to clarify.

Claw Hammer

It is possible that there was a judgement against the o/p and the other side are seeking an instalment order in the District Court. The Court can't make an instalment order without hearing from the o/p. If he was notified of a court date and failed to turn up the judge can issue a bench warrant. The guards may well take some time to execute it.

Oscar_Madison

https://www.boards.ie/discussion/comment/121922681#Comment_121922681

In fairness the letter does say to contact the Gardai so it’s likely legitimate

BohsCeltic

I haven't heard back yet from the garda station. Should I call their office in the morning?

StormForce13

https://www.boards.ie/discussion/comment/121923333#Comment_121923333

Why not contact the solicitor's office as they suggested in their letter? If there has been a court case then this matter probably isn't going to go away. And the other side's costs are going to keep increasing unless/until you engage with them.

callaway92

https://www.boards.ie/discussion/comment/121922629#Comment_121922629

Cut all contact. As thrown together a letter as it gets. Don't let them intimidate.

Collie D

They rang the hospital you were in?! FFS

StormForce13

https://www.boards.ie/discussion/comment/121923736#Comment_121923736

Ah yes. The ostrich approach; never known to fail.

BohsCeltic

https://www.boards.ie/discussion/comment/121923715#Comment_121923715

That's what I am doing

BohsCeltic

https://www.boards.ie/discussion/comment/121923740#Comment_121923740

I was in hospital for 6 months, they weren't put through to me but obviously it was to verify I was actually in hospital at the time

callaway92

https://www.boards.ie/discussion/comment/121923752#Comment_121923752

Ya good man. Look at the state of that letter he received. It’s as non-binding as it gets

BagofWeed

https://www.boards.ie/discussion/comment/121923752#Comment_121923752

It's never failed me.

StormForce13

https://www.boards.ie/discussion/comment/121923944#Comment_121923944

Good man. Let us know what the solicitor's office tell you.

https://www.boards.ie/discussion/comment/121924520#Comment_121924520

I can only imagine the state of your rectum after laying all those enormous eggs!

Boardnashea

If you are able to contact the original lender and engage you may be able to avoid some of the legal costs.

StormForce13

https://www.boards.ie/discussion/comment/121924115#Comment_121924115

I assume that you obtained your legal qualifications in a lucky bag. What colour was the paper hat?

Damien360

Who writes a letter about lack of attendence at court without mentioning the court, the date, the plaintiff and possibly court case number ? I'm not legal at all but something is not correct about that letter.

AnRothar

https://www.boards.ie/discussion/comment/121930621#Comment_121930621

If you look at the image in post 11 above you will notice that the OP has edited to to remove identifying details.

It does use a phrase

"We refer to the above" so I suspect that the relevant court date/references were contained in the parts which are obscured.

callaway92

https://www.boards.ie/discussion/comment/121930593#Comment_121930593

Green, cheers.

Having seen your post history, you're not quite someone I'd be putting my trust in.

BohsCeltic

https://www.boards.ie/discussion/comment/121930621#Comment_121930621

It does mention that apart from a case number