Court Summons with no court date

jonnreeks

Hi,

Just looking for some advice or insights and not an "ask your solicitor" suggestion please.

I received a courts summons by post from my neighbour over a domestic issue. It comes via a solicitor, but there is no court date on this document.

I understand that a courts summons has a twelve months time limit, but I also thought a court summons included a court date?

Does the plaintiff have the right to decide if they want to proceed to court when it suits them in this twelve month period?

Any genuine reply from your experience will be greatly appreciated.

Thanks

🙄

Claw Hammer

A civil summons does not have a hearing date. It will tell the defendant to file and appearance within a certain number of days and possibly deliver a defence within a number of days or weeks after that. A hearing date will only be assigned when a notice of trial has been served and all paperwork has been exchanged.

jonnreeks

https://www.boards.ie/discussion/comment/121434665#Comment_121434665

Okay m8, thanks for that advice.

brokenbad

Could the domestic issue not have been resolved without involving solicitors?

Makes things very awkward living next door to someone bringing you to court...

Allinall

Are you sure it's a summons? If it is, it will have come direct from the court, and not a solicitor.

Sounds to me like a threatening letter from the solicitor.

Without seeing the format or wording of the document you received it's impossible to say what exactly it is. I'd have your own solicitor have a look. they should be able to advise.

jonnreeks

https://www.boards.ie/discussion/comment/121380743#Comment_121380743

From what we have learned the person involved has a history of using this particular solicitor to communicate their issues in this way!

jonnreeks

https://www.boards.ie/discussion/comment/121380751#Comment_121380751

Yes, it has a stamp from the court on the copy of the date it was issued, but as I stated it has no court date. I was told the plaintiff has up to 12 months from the date of the incident to tell the solicitor to apply for a court date!

Have you any knowledge of this type of procedure or do you think it is a a solicitor using some form of threat?

RobbingBandit

Local citizens advice or Garda station to ask the validity of the letter if as you say its a regular thing by the neighbour and their legal council could be classed as harassment and intimidation but again just pop down to either of those two to get clarification.

jonnreeks

https://www.boards.ie/discussion/comment/121380988#Comment_121380988

Why would you say the validity of the letter is questionable. Of course, I have spoken to my solicitor to asked what is the procedure. I have been told that the person involved has to apply for a date within this 12 month period of their claim.

What I would like to know is this normal procedure when you receive a summons and if anyone has had experience of same?

SomethingElse78

My reply would have been everything Allinall wrote and I would have added that if you do not 'have' a solicitor, most would take a quick look and translate it's content without actually retaining your services in the hope that, should you need one, you will choose them.

AnRothar

I have spoken to my solicitor to asked what is the procedure. 

Did your solicitor advise you of the following?

I have been told that the person involved has to apply for a date within this 12 month period of their claim.

If so then your professional advisor has advised you what the legal situation is.

Any further queries should be addressed to them?

jonnreeks

I have only asked if anyone is capable of confirming that a court summons must have a court date?

In this situation from what I can understand, it seems that a person (plaintiff) can get their solicitor to apply for a court summons without a date for court, send it to the defendant and basically threaten them that they may have to appear in court.

All I am asking if anyone has experienced this situation?

Seth Brundle

https://www.boards.ie/discussion/comment/121383812#Comment_121383812

But why did you not put this question to your solicitor or if you did then why ask here?

jonnreeks

https://www.boards.ie/discussion/comment/121384004#Comment_121384004

I thought this discussion forum would give me some more insight and I thought the people who contribute might offer their insight or experience with this matter. Obviously I have spoken to a solicitor. But unless there is a court date then is this summons is just pending?

My reason for asking here were for peoples thoughts to do with the fact that a courts summons has been posted out with no court date. Again from what anyone knows, is this normal or strange?

Has a solicitor the right to apply for a courts summons, issue it without a court date to a defendant and have the option of applying for a court date later within the time allowed?

Seth Brundle

Out of curiosity, what did you and the solicitor chat about if you didn't discuss basic stuff like this?

NUTLEY BOY

Is the solicitor's letter actually from a firm of solicitors ?

I ask such a stupid question as I encountered something many years ago where a mock up of a legal letter was sent to somebody with a view to intimidating them.

Secondly, if the summons looks odd that might be consonant with another mocked up document also designed to scare the recipient.

Despite the OP's opening request my inclination would be to get my solicitor to check with the District Court that purportedly issued the summons and ask if they actually issued it.

P.S. OP's solicitor should also check if the firm of solicitors exists.

jonnreeks

Sometime after the summons was sent, the plaintiff's solicitor did inquire if we were making an 'appearance', so my solicitor had to confirm this to the court, so I can presume that the court summons was credible.

But there is still no court date issued, is this the legal procedure?

Is the court date confirm at a later time as there is a waiting list!

Can anyone answer this please or not.

Jim_Hodge

https://www.boards.ie/discussion/comment/121386153#Comment_121386153

Yes and Yes.

What did your solicitor say? I can't see what answers you're looking for. You have a pending summons. You have talked to your solicitor. What more do you want?

jonnreeks

https://www.boards.ie/discussion/comment/121386186#Comment_121386186

So you are saying that you can get a court summons sent out to you without a court date and that a court date for that particular summons will be issued at a later date?

Deregos.

Reading through this, it does seem wrong that you weren't issued a court date.

https://www.citizensinformation.ie/en/justice/criminal-law/criminal-trial/summons/

jonnreeks

According to citizens information

Information that summonses must have,

A summons issued under the 1851 Act or the 1986 Act must contain the following information:

• The name of the complainant or prosecutor (for example, a Garda’s name)
• The name and address of the person against whom the complaint is made
• Details of the alleged offence including the time, date and place of the alleged offence
• The date, time and venue of the court
• The judge's signature if issued by a judge, or the name of the District Court clerk

The summons I am making queries about, does not have the date, time and venue of the court!

Why?

Anyone able to give a reason why if this is not the normal procedure!

Seth Brundle

I'm still confused by your ongoing questions.

Did your solicitor tell you that this was a genuine letter from the court?

Did your solicitor tell you why there was no date or venue for a hearing?

Has your letter been signed by a judge or court clerk?

Does the letter have a contact name & address and is that contact the other solicitors or the court?

jonnreeks

Don't take this in the wrong way, but I'm still confused why you can't answer my ongoing questions about this particular item. If you do not know, then fair enough I understand you may not have a legal background or experience of same.

Yes, the heading is 'Personal Injuries Summons' from the Circuit Court, it has a court stamp and record number, so it must be genuine!

Yes, I read and saw a copy, there was no date or venue.

No, it is not signed by a judge but has what looks like a faded print of a signature name with B.L. "Barrister at Law". Yes, tt is signed by the Solicitor.

Yes, the letter does have a contact name & address and is the contact the other solicitors.

Still no one can confirm if they have ever received a summons like this with no court date?

Jim_Hodge

https://www.boards.ie/discussion/comment/121387265#Comment_121387265

Yes. Didn't your solicitor explain this when you spoke??..

Seth Brundle

https://www.boards.ie/discussion/comment/121387981#Comment_121387981

Yes, the letter does have a contact name & address and is the contact the other solicitors.

So your solicitor confirmed that this is a genuine court summons letter despite the contact details being the opposing legal firm?

suvigirl

https://www.boards.ie/discussion/comment/121387981#Comment_121387981

Your neighbour is bringing a civil case against you in the circuit court. I would think you have a civil bill. Yes it will say personal injuries summons. It should also say you have ten days to enter an appearance.

I'm surprised your solicitor didn't advise you on the procedures, but you can look them up yourself on courts.ie which will explain it.

Calahonda52

OP,

This is factually incorrect

I received a courts summons by post from my neighbour over a domestic issue.

The gene pool here seems not to have experience of receiving undated court summons.

Your solicitor seems to have vouched for its validity.

I would lodge a counter claim

jonnreeks

Thanks to all who have contributed to my post. I really appreciate your help. This is not something I have ever experienced and I was completely surprised by the actions of this person.

My main question was about the fact that no court date has been issued on the summons. I have not got anyone's opinions are suggestions as to why this is the case.

Some have speculated that this is not a genuine summons.

Can anyone confirm, based on their experience that a summons can be created and sent out with no court date, which will followed if the plaintiff wants to in act this summons later.

If not, I take it that nobody really knows this answer!

suvigirl

https://www.boards.ie/discussion/comment/121388128#Comment_121388128

I have explained this already. Your neighbour is taking a civil case against you, go to courts.ie and look up the form 'personal injury summons '

I can't believe your solicitor didn't explain this to you.

Jim_Hodge

https://www.boards.ie/discussion/comment/121388128#Comment_121388128

Nobody here saw this summons. Probably few have had cause to receive a summons on a domestic dispute with a neighbour. Every one of your questions was an easy ask for your solicitor who has experience and knows exactly what you received.

jonnreeks

https://www.boards.ie/discussion/comment/121388144#Comment_121388144

I know there can be annoyance reading posts, but you seem to becoming very frustrated. We are only discussing possible answers, so I would appreciate a bit of calm.

Nobody or you Jim_Hodge has really given a reason or opinion why no court date appears on the summons, just that it seems irregular!

@suvigirl

https://www.boards.ie/discussion/comment/121388333#Comment_121388333

Are you deliberately being a mong in ignoring @suvigirl ?

Is this what you got? https://www.courts.ie/content/personal-injuries-summons

Donald Trump

https://www.boards.ie/discussion/comment/121388142#Comment_121388142

You cannot issue a summons for a PI claim without the leave of PIAB. For that to have happened, they would have either have to have gone through the PIAB process and not agreed to settle, or for the respondent to refuse to go through PIAB at the start.