Does a solicitor have to prove you received the summons?

johneym

just a random question please.

If you are sent a summons by a solicitor to appear for something in court, does the solicitor have to prove to the judge, ie proof of signature, that you received the summons, before he can proceed? ( if you don't show)
Also, if the address is wrong does it make a difference?

Tks a lot,

John

Pat Mustard

The solicitor has to show appropriate evidence of service. However, that doesn't go as far as to require evidence that the person actually received the summons into his hand. See here.

Link.

6. (1) A civil summons being issued for service under this Order shall be served upon each defendant named therein in a manner prescribed in Order 10 of these Rules at least fourteen days or, where service is being effected by registered post, at least twenty-one days, prior to the date of sitting of the Court to which such summons has been made returnable.
(2) When service has been effected the original of every such civil summons, together with statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the return date.

Declaration of service is evidence of service.

If reg post is not accepted, solicitor may apply to court for an order for substituted service by ordinary post and the statutory declaration will then reflect that.

johnnyskeleton

I would only add that, especially in a civil case, a person gains nothing by simply not turning up. It just means the case will likely proceed in that persons absence.

johneym

thank you so much gentlemen,

johnnyskeleton wrote: »

I would only add that, especially in a civil case, a person gains nothing by simply not turning up. It just means the case will likely proceed in that persons absence.

but wouldn't the person gain time?

And if they have to apply for normal post then it would not proceed until that was sent? Is this not the case?

What if the address is wrong?

I appreciate the replies

valleyoftheunos

As stated, In a civil case where service has been executed the defendant gains nothing by ignoring summonses or civil bills as ultimately a Judgment in default of appearance or defence will be given against the Defendant in their absence, usually with an order for costs to boot.

johneym

Thank you Valley

The Mustard wrote: »

If reg post is not accepted, solicitor may apply to court for an order for substituted service by ordinary post and the statutory declaration will then reflect that.

Is this not always the case then? That he will apply for ordinary post?

Fred Swanson

This post has been deleted.

johnnyskeleton

johneym wrote: »

thank you so much gentlemen,



but wouldn't the person gain time?

And if they have to apply for normal post then it would not proceed until that was sent? Is this not the case?

What if the address is wrong?

I appreciate the replies

Not really. You are asking about too many different things to give a categorical answer, but in a hypothetical situation where a person is in actual receipt of a civil summons, the most likely thing to happen in court on the next day is that judgment will be entered. Then it goes on to execution and if the person wants to contest the allegation at that late stage they face a significant uphill struggle. Whereas if a person goes in and contests the matter properly, it will go back for a hearing date.

Any problem with the service is relatively meaningless unless it is brought to the attention of the judge.

And if this is a real scenario, you would need to speak to a solicitor so that you can be properly advised.

johneym

thanks Johneyskeleton, (great name)

you have finally answered my question.

I understand what you are saying.

Thank you so much.

johneym

Dear Fred,

my apologies to you learned one.

The PM was a simple 1 liner thanking you for replying to my public post. Did you even read it?

As regards the fantasy in your head regarding stuffed letterboxes,let the record show its you who started indulging in silly insults.
I have asked you the same question numerous time freddie boy, a simple legal point or preceedure, but your mighty intellect cannot seam to grasp that simple point. Were you the type of child who found it difficult to concentrate in school perhaps? Always fantasizing about things and never looking at the question asked. Perhaps you are far too smart for these boards. Or perhaps you dont know the answer but are too mighty to admit it?
Anyway, freddie boy, in future just keep on going. Dont reply when you cannot read the question an dont know the answer.Grow up.

Pat Mustard

johneym wrote: »

Is this not always the case then? That he will apply for ordinary post?

No, it seems to me that registered post is usually accepted, although not always.

People who refuse registered post are often just fooling themselves. An application for substituted service is not difficult to make and it will not cause a major delay. It makes little difference if an order for substituted service must be got. It is a minor procedural application.

If a summons has been sent to the wrong address, then service may not have been validly effected. However, there are are a number of ways in which service of the summons may be deemed good, subsequently.