Receiver Woes

kehir

Hi,

A Receiver was appointed over a security property of mine located in the West.

I initiated High Court proceedings against the individual in 2016 as follows:

1. Plenary Summons - Plaintiff
2. Affidavit of Service (of Summons) - Plaintiff
3. Entry of Appearance - Defendant
4. Statement of Claim - Plaintiff

I didn't receive any further communication from the Defendant on this matter for months so I issued him with a 21-day warning letter to which I also didn't receive a reply.

In the meantime, he initiated separate proceedings for re-possession in the Circuit Court, thereby bypassing and completely ignoring the existing High Court proceedings issued against him a year previously.

I proceeded in a request for Judgement by Default of Defence (Order 27) as follows:

1. Motion
2. Grounding Affidavit
3. Affidavit of Service (of Motion)

I've also amended the original SOC in accordance with Order 28.

The return date in the Chancery Court is early 2018, but is also after the Circuit Court hearing into the matter.

Questions:

1. Can i seek injunctive relief at the hearing, pending the outcome or should/could I seek interim relief separately in the meantime?

2. Can anyone suggest an alternative strategy in blocking this individual in his current pursuit?

2. What is the recommended procedure in submitting an amended SOC?

3. In submitting an amended SOC, which makes the original document more readable and raises two important points not previously known, is it worth the effort if it delays or in any way complicates matters?

4. Is a Certificate of no Defence required in a case such as this?

I have further questions, but any help or guidance at this stage would be greatly appreciated.

Pat Mustard

kehir wrote: »

Questions:

1. Can i seek injunctive relief at the hearing, pending the outcome or should/could I seek interim relief separately in the meantime?

2. Can anyone suggest an alternative strategy in blocking this individual in his current pursuit?

2. What is the recommended procedure in submitting an amended SOC?

3. In submitting an amended SOC, which makes the original document more readable and raises two important points not previously known, is it worth the effort if it delays or in any way complicates matters?

4. Is a Certificate of no Defence required in a case such as this?

I have further questions, but any help or guidance at this stage would be greatly appreciated.

Mod:

This is not a hypothetical scenario. You are asking about legal practice and procedure in relation to ongoing litigation. These questions are requests for legal advice. Legal advice is not allowed here, per forum charter.

You need legal advice and you should see a solicitor.

Please read the forum charter before posting again.