Error on summons

pclancy

Have a summons from the directors of a company i used to work for, silly case that wont get far and its a long/private story but i noticed that they have the company name wrong on the summons!!!! Its two words that are similar but not the right name for the company. Surely the judge would throw it out? I never worked for that company and its not in the CRO?

Getting leg advice anyway in a few days just wondered did anyone know offhand?

KTRIC

pclancy wrote:

Have a summons from the directors of a company i used to work for, silly case that wont get far and its a long/private story but i noticed that they have the company name wrong on the summons!!!! Its two words that are similar but not the right name for the company. Surely the judge would throw it out? I never worked for that company and its not in the CRO?

Getting leg advice anyway in a few days just wondered did anyone know offhand?

If its not in the CRO , then its not a legally registered company and they have no grounds in summoning you.

pclancy

So game over for the case?

madramor

pclancy wrote:

So game over for the case?

they can always reissue the summons

you need to let it get to the actual trial and then discover
this evidence inorder for it to be a mistrial

Our man in Havana

They can only reissue if they are still inside the statute of limitations, that is why you must let it get to trial. If you forewarn them they may apply to have the summons ammended and your stuffed in that case.

pclancy

and am i being negligent in not letting the court know beforehand that its the wrong name?

Our man in Havana

pclancy wrote:

and am i being negligent in not letting the court know beforehand that its the wrong name?

No, Its not your job to do the prosecutors work. If they can't get it right then tough on them.

Eru

All you have to do is turn up on the day.

Im not sure if its against you or not. If it against you then your defence needs to make the error known IN COURT, not before and get a strike out but they will probable get permission to re-enter.

If your just a witness then the error is of no importance as you still need to be there.

Either way its the courts and not the company that issue a summons so not attending is a breach of summons and you could (however unlikely) be arrested.

Our man in Havana

but they will probable get permission to re-enter.

Only if not statute barred, otherwise its tough luck on them.

Victor

You don't make it clear whether this is a civil or criminal case.

If its a traffic offence, they might have had an error in the vehicle registration database and this wasn't cross-referenced with the CRO.

Surely you want to defeat the case on its merits, not on a technicality that will allow it to be re-entered.

bobafett12

most judges are ok despite what you hear, i was up in court over a speeding fine and the copper had me name backwards last name first etc.. and the judge told him that he had is facts wrong and dismissed it ((next...:;)

Our man in Havana

Victor wrote:

You don't make it clear whether this is a civil or criminal case.

If its a traffic offence, they might have had an error in the vehicle registration database and this wasn't cross-referenced with the CRO.

Surely you want to defeat the case on its merits, not on a technicality that will allow it to be re-entered.

Only if it is not statute barred, Victor.

bobafett12

I wouldnt tell them anything untill I get to trial, unless you have legal representation then your solicitor can advise you b4 hand and most solicitors are crooks anyway so its all in your favour .......

pclancy

Cheers for the advice folks, have a good sol on our side now so all should be well.

Eru

Bond-007 wrote:

Only if not statute barred, otherwise its tough luck on them.

ha ha ha ha, the summons has been issued, it can no longer be statute barred, its 6 moths to apply for the summons. Once done your statute barred option is binned.

Your holding the summons so obviously its within the 6 months. Once dismissed you have another 6 months to re-apply.

Our man in Havana

no no no. If dismissed, then tough luck. If the new summons is not within 6 months of the offence, satute barred. Gardai go home and cry. From what you are saying they could keep it going forever. I don't think so.

Eru

Bond-007 wrote:

no no no. If dismissed, then tough luck. If the new summons is not within 6 months of the offence, satute barred. Gardai go home and cry. From what you are saying they could keep it going forever. I don't think so.

Did you not read:

Karlitosway1978 wrote:

Your holding the summons so obviously its within the 6 months. Once dismissed you have another 6 months to re-apply.

I am correct. Can only be barred from re-applying if struck out without leave to re-enter. Dismissing will allow re-enter.

Bond-007 wrote:

If the new summons is not within 6 months of the offence, satute barred

Wrong wrong wrong. How many summons land in your hand within 6 months of the offence? I have 6 months to APPLY for the summons. It takes typically 3 to 4 months AFTER forwarding an SA1 (DMR only) for the actual summons to be issued.

The courts will not issue a summons if its statute barred so if its in his hand its NOT barred is it?

And according to Askaboutmoney.com you have already been told by other people that you are incorrect in this matter. Why are you debating against people across multiple boards?

Also, according to you you have had summons struck out because the Gardai obtained them 2 days before the statute and then kept them for 6 months. A, Gardai cannot execute their own summons and B, there would not be a time difference of 6 months from summons issue to court date and C, as the Gardai that executed the summons must certify it in front of a judge or a PC and have served it 5 working days prior to the court date (3 days if a witness summons) your argument does not stand up to reality.

You also admit on that site that you are not a Garda or a solicitor. Can you even smell your own BS???

Our man in Havana

Post reported for peronal attack. Can you prove that I post on other boards?