Appearance and defence

lawred2

Hi,

I've had a debt notice claim filed against me. I am going to contest it.

I am not in any way familiar with the courts process however I know I need to do something with an appearance and defence form. I have to have something noted by the court clerk and also respond to the claimant.

What's the process? Neither the courts.ie site or Citizens Information site laid out the process in simple steps.

Do I physically need to go down to the court clerk with the debt claim and fill out this appearance and defence form down there?

I haven't got a solicitor yet - but if I lodge this appearance and defence form must I note a solicitor on the form now or can I choose a solicitor at a later date?

Thanks to anyone willing to offer their knowledge.

NUTLEY BOY

NOT legal advice.

The simplest thing to do is to get your solicitor to handle it from the outset especially if you intend to contest the matter and thus have a need to be careful to get everything procedurally correct.

Procedural trips at the early stages may prejudice your position.

Time runs quite quickly for certain procedural steps to be followed so get to your solicitor like yesterday....

FishOnABike

Filing an appearance is how you formally notify the court of your intention to contest the debt company's application.

Once you have filed an appearance the next step is to file your defense. There's usually time limits for both.

Check whatever legal documentation you have received from the debt company. It may indicate any time limits for filing an appearance and defense or you might have to look up whatever legislation they are applying under or possibly court procedures to find out any time limits.

The debt company can apply for court can make orders in default if an appearance or defense is not filed.

I'd advise getting professional legal advice either from the solicitor you intend to engage, local free legal advice centre or MABS to make sure you don't miss anything important.

lawred2

FishOnABike wrote: »

Filing an appearance is how you formally notify the court of your intention to contest the debt company's application.

Once you have filed an appearance the next step is to file your defense. There's usually time limits for both.

Check whatever legal documentation you have received from the debt company. It may indicate any time limits for filing an appearance and defense or you might have to look up whatever legislation they are applying under or possibly court procedures to find out any time limits.

The debt company can apply for court can make orders in default if an appearance or defense is not filed.

I'd advise getting professional legal advice either from the solicitor you intend to engage, local free legal advice centre or MABS to make sure you don't miss anything important.

It's 28 days. The form itself is trivial to put together. The only question I really have is if I don't specify solicitor now whether that precludes me from having a solicitor at a later date..

coylemj

NUTLEY BOY wrote: »

NOT legal advice.

Is it 'not legal advice' simply because you say so, or what is the point of prefacing a lot of your posts with that disclaimer?

Mod deletion. Be nice pls let the mods decide what is and is not legal advice.

FishOnABike

lawred2 wrote: »

It's 28 days. The form itself is trivial to put together. The only question I really have is if I don't specify solicitor now whether that precludes me from having a solicitor at a later date..

People change solicitors mid case and file a change of solicitor notice. I'd expect it could be dealt with in a similar manner.

One thing I'd be mindful of is if you start by effectively representing yourself. I'd advise getting legal advice having a solicitor file your defense to ensure you don't miss any relevant precedural or legal details.

Depending on how aggressive the other side is they might try to object to waiting for a solicitor or to any amendments to your defense.

lawred2

Waiting for a call back from our solicitor

Fred Swanson

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lawred2

Fred Swanson wrote: »

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28 days according to the claim notice

Fred Swanson

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lawred2

Fred Swanson wrote: »

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http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/c1837ccc1c59464d80257c90005e90e5?OpenDocument

It's this thing that we've been served with

says 28 days there

out of interest - how long before these cases get heard when you do decide to contest them?

Fred Swanson

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lawred2

thanks Fred

NUTLEY BOY

coylemj wrote: »

Is it 'not legal advice' simply because you say so, or what is the point of prefacing a lot of your posts with that disclaimer?

Mod deletion. Be nice pls let the mods decide what is and is not legal advice.

Yawn :rolleyes:

lawred2

Need to include a number of email threads as supporting documentation. Which date should I use? Date that the thread started or date of the last email in that thread?

Cheers

chops018

Fred Swanson wrote: »

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From the OP it seems to be District Court. That would explain the 28 days allowable for the OP to enter an Appearance/Defence.

lawred2 wrote: »

Need to include a number of email threads as supporting documentation. Which date should I use? Date that the thread started or date of the last email in that thread?

Cheers

Oldest to newest is the general rule of thumb.

Really Interested

Fred Swanson wrote: »

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I assume you mean they have 12 months to serve a Civil Bill or Personal Injuries Summons, after lodging papers in Circuit Court Office. They have as long as it takes with in reason to bring the case to trial. In any event I assume the OP is talking about a district court matter which indeed is 28 days.

Fred Swanson

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Really Interested

Fred Swanson wrote: »

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10 Duration
10. (1) A claim notice is valid for service for one year after the day it is filed.



(2) If a claim notice has not been served on a respondent or if a witness summons has not been served on a witness, the Court may from time to time extend the validity of the claim notice or witness summons for such period from the day of the order as the Court directs, not being more than six months from that day.


Order 40 Rule 10


I am unsure how they have a year to serve and also a year to set down can you link to the rule you are relying upon.


Also Order 42 rule 1

1. (1) A respondent who intends to defend civil proceedings must give, or send by post, to the claimant or solicitor for the claimant an appearance and defence, in the Form 42.01, Schedule C, not later than 28 days after the service on him or her of the claim notice, and must at the same time file a copy of his or her appearance with the Clerk.

The new rules changed the appearance followed by defence they both now entered together.

Fred Swanson

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Really Interested

Fred Swanson wrote: »

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Well if the solicitor told you that from a few years ago then 100% correct, if the solicitor told you that since the new rules came into effect then I would wonder. Of course many solicitors do not often practice in the DC so may not be aware of the new rules. But this is a perfect example why people should be very careful of what they accept on the internet.

But i can tell you that under the current rules the information you have is incorrect. BTW new rules came into effect in 2014.