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Civil court time frame issue

  • 13-07-2022 5:24pm
    #1
    georgiemurphy
    Registered Users, Registered Users 2 Posts: 2 ✭


    Hi, can someone please help me... In 2018 I was issued civil proceedings to circuit court, I hired a barrister, notified of my decision to defend and to defend strongly including proving state fraud against the plaintiff, in late 2018 I filed my full defence with my barrister and I requested that he sought discovery and evidence. I paid my fees to date and I haven't heard a thing since 2020. In 2019 and 2020, I emailed my barrister but got only a reply that they hadn't heard from the plaintiffs solicitor. I rang the court clerk in 2021 and they advised that nothing was lodged since my notification to defend in 2018. I don't want to contact my solicitor as I don't want to drag it back up but do I believe this case is now dead in the water for whatever reason?

    Opinions please? And is there a legislation on time..

    Post edited by georgiemurphy on
    Tagged:


Comments

  • #2
    macvin
    Registered Users, Registered Users 2 Posts: 716 ✭✭✭macvin


    Is your solicitor not the best person to advise you?


    He/she will not make contact with the other side, but will let you know their opinion



  • #3
    georgiemurphy
    Registered Users, Registered Users 2 Posts: 2 ✭georgiemurphy



    @macvin

    Yes I agree but I haven't heard a thing since 2020 so I don't want to drag anything up or remind them!

    I can only think no evidence and non payment is holding this up on the plaintiff side but how long can this hold up for?

    On evidence the person is claiming they paid over 250pw yet only earned 14k per year as per revenue.

    I also have since got married and remortgaged to a new mortgage provider and the family home is now in my wife's name But the case is against me over a percentage of the home that I solely owed prior the marriage and transfer.

    Post edited by georgiemurphy on


  • #4
    L1011
    Registered Users, Registered Users 2 Posts: 71,113 ✭✭✭✭L1011


    Not a consumer issue. Moved.



  • #5
    phildub
    Registered Users, Registered Users 2 Posts: 261 ✭✭phildub


    The case is not dead, they can lodge a notion of intention to proceed and then serve a notice of trial.you could get onto your solicitor to bring a motion to have the matter dismissed for want of prosecution and have costs awarded against the plaintiff. If you're not going to contact your solicitor though im not sure what you want to get out of this thread. Your solicitor is the only person who can advise on your particular situation.



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