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summons with wrong date

  • 03-07-2008 11:47am
    #1
    Closed Accounts Posts: 2,268 ✭✭✭


    Mary owes Tom 200 Euro. After a while he gets fed up of being fobbed off and gets his solicitor John to send a civil summons. Mary never files her intention to defend and a week later a summary judgment is given against her.

    It turns out that the date on the summons Mary got and the date on the copy of the summons John kept are different.
    [1] What recourse has Mary?
    [2] Has Tom recourse against John?


Comments

  • Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    1. Doesn't matter what summons John kept, rather only the summonses a) entered in the District Court office, and b) served on Mary matter.

    2. If the summons entered and the summons served on Mary had different return dates, well then Mary would have to apply by way of Notice of Motion (to be served on plaintiff) to have the judgement set aside within ten days from the date she became aware of the decree.


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