diy debt recovery through district court.

getaroom

Hi, i am chasing someone who owes me 600 euro. i drew up summons, affidavit etc. paid stamping, went to dolphin house etc and sent reordered letter / summons. i subsequently received a letter back from him stating (and im quoting) "we would respectfully point out that the summons that you have issued is defective and that you were not aware of the proposed or purported return date in court"

Can someone advise what this means in lay language?

Appreciate any help.

chops018

Did you use the proper Court forms from the Courts website for a Claim Notice: Debt Claim?

There was new rules brought in at the start of February vastly changing the DC process.

You shouldn't really do these things on your own unless you have a good knowledge of them.

Pro Hoc Vice

1 legal advice can not be given on this thread 2 not being smart but you decided to do a DIY job in a area that requires years of study, training and practice if you don't know what you are doing you are taking a risk. While this area should be easy recent rule changes make even a simple debt collection very complex.

getaroom

chops018 wrote: »

Did you use the proper Court forms from the Courts website for a Claim Notice: Debt Claim?

There was new rules brought in at the start of February vastly changing the DC process.

You shouldn't really do these things on your own unless you have a good knowledge of them.

I used the proper forms. From the Solicitors reply I took it that he was giving me a bit of advice (reading between the lines). Although the process was started prior to last February.

As the debt was only for 500 quid, there was little point in getting a solicitor involved.

I have gone the DIY route before and have gotten paid before going to court.

My purpose primarily i going down this route is to generate additional costs for the guys that decide they don't want to pay. I feel that if they dont want to pay me - they will have to pay a solicitor to defend themselves against my claim. I feel that every letter I can draw out and every piece of correspondence I can generate will further costs.

This process has worked for me to date. The purpose of this thread was to get clarification on the above statement.

Thanks

getaroom

Pro Hoc Vice wrote: »

1 legal advice can not be given on this thread 2 not being smart but you decided to do a DIY job in a area that requires years of study, training and practice if you don't know what you are doing you are taking a risk. While this area should be easy recent rule changes make even a simple debt collection very complex.

Im not looking for legal advice. Im looking for clarification.

Fred Swanson

This post has been deleted.

Pat Mustard

Fred Swanson wrote: »

This post has been deleted.

The return date can be checked with the district court office.

chops018

getaroom wrote: »

I used the proper forms. From the Solicitors reply I took it that he was giving me a bit of advice (reading between the lines). Although the process was started prior to last February.

As the debt was only for 500 quid, there was little point in getting a solicitor involved.

I have gone the DIY route before and have gotten paid before going to court.

My purpose primarily i going down this route is to generate additional costs for the guys that decide they don't want to pay. I feel that if they dont want to pay me - they will have to pay a solicitor to defend themselves against my claim. I feel that every letter I can draw out and every piece of correspondence I can generate will further costs.

This process has worked for me to date. The purpose of this thread was to get clarification on the above statement.

Thanks

We can't give legal advice here which you are clearly looking for, even if you say you're only looking for clarification.

Practical advice: read the old rules if it's before February, maybe call into the DC Office with your documents, they might be able to help you seeing as you don't want to go down the Solicitor route.

It's never encouraged to try to rack up costs for either side. I wouldn't tell a Judge that that's what you were trying to do if it comes to it.

getaroom

Fred Swanson wrote: »

This post has been deleted.

Thanks for this reply, I checked the dates with staff in Dolphin House and the return dates are correct.

In my opinion, I think the Solicitor got it wrong about the return date. A draft summons was originally sent to the "defendant" I am of the opinion that thats what was forwarded to the solicitor.

chops018 wrote: »

We can't give legal advice here which you are clearly looking for, even if you say you're only looking for clarification.

Practical advice: read the old rules if it's before February, maybe call into the DC Office with your documents, they might be able to help you seeing as you don't want to go down the Solicitor route.

It's never encouraged to try to rack up costs for either side. I wouldn't tell a Judge that that's what you were trying to do if it comes to it.

Again I would like to reiterate Im not looking for legal advice. I was looking for clarification of what was in the original post. From the replies posted I think I would be correct in assuming that the statement is ambiguous at best.

In relation to the point raised : ("It's never encouraged to try to rack up costs for either side. I wouldn't tell a Judge that that's what you were trying to do if it comes to it") My point would be that by taking a claim against someone who owes me money, costs would be generated. Any subsequent correspondence would cause costs to escalate. I have taken 11 actions over the years against people / business who have refused to pay me.
As a result of my action, 6 were settled before court three went to court where I got judgements against two and two went bust.

Twice I have been taken to the Small Claims Court both cases were struck out.

Off Thread Notice : Once I was sued by a Management Company over a property I have rented out, The Judge found in my favor (I represented myself). The Management Co had a Junior, Solicitor Agent and one of the Board Members in Court. Their costs would have been astronomical. I never found out how much they were other than they were probably divided among all the residents in the block. I think it would be safe to say that they would think twice before suing someone again

chops018

getaroom wrote: »

Thanks for this reply, I checked the dates with staff in Dolphin House and the return dates are correct.

In my opinion, I think the Solicitor got it wrong about the return date. A draft summons was originally sent to the "defendant" I am of the opinion that thats what was forwarded to the solicitor.

Again I would like to reiterate Im not looking for legal advice. I was looking for clarification of what was in the original post. From the replies posted I think I would be correct in assuming that the statement is ambiguous at best.

Why are you going to Dolphin House for the return dates? That's the District Family Law Court Office.

They wouldn't deal with Debt Collection.

It would be Aras Ui Dhalaigh in the Four Courts you should be going to, ask them about it and bring all your documents with you.

You may not think in your own head that you are asking for legal advice but you actually are, all these questions and the one in your OP are those which should be directed at a legal professional i.e. a Solicitor, and not to people on the internet who you don't know.

getaroom

chops018 wrote: »

Why are you going to Dolphin House for the return dates? That's the District Family Law Court Office.

They wouldn't deal with Debt Collection.

It would be Aras Ui Dhalaigh in the Four Courts you should be going to, ask them about it and bring all your documents with you.

You may not think in your own head that you are asking for legal advice but you actually are, all these questions and the one in your OP are those which should be directed at a legal professional i.e. a Solicitor, and not to people on the internet who you don't know.

Paid fee and got stamped in 4 courts.
Was sent from there to dolphin h., (4th floor I think). Hatch in the wall, got the dates and further info here.

Ill let the comment on legal advice go - I have my opinion on it and you have yours.

hullaballoo

getaroom wrote: »

Paid fee and got stamped in 4 courts.
Was sent from there to dolphin h., (4th floor I think). Hatch in the wall, got the dates and further info here.

Ill let the comment on legal advice go - I have my opinion on it and you have yours.

Moderator: I suggest you read here: http://www.boards.ie/vbulletin/showthread.php?t=2057083888
And more specifically, here: http://www.boards.ie/vbulletin/showpost.php?p=87523043&postcount=2

You have everything you will get on this forum by now.

Thread closed.