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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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If a solicitor starts proceedings against me And I have said

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If a solicitor starts proceedings against me
And I have said that I am not liable and my documentation proves liability of another ( actually the 'another' has given me their documentation illustrating that she is liable and I have sent this to the solicitor. In fact the 'another' has sent a letter to the solicitor claiming liability but it appears that they are ignoring it!)
What are my options.....
Do they have to provide me with their proof that attaches me to the liability if I ask for it? If so when?
If not do I just show up to the hearing without any idea what to expect?
I ask this because I have no idea what could attach me to the liability other than verbal claim from their client. I am aware that I would be a much easier target that the 'another'. And I suspect that this is a normal bully tactic.

Is there any simple legal facility/law/rule available to a lay person to tell them to go get stuffed?

Buachaill :

1. Essentially, you have to put down a Motion striking out the action on the basis it discloses no cause of action. The Motion is issued by you and is based on an affidavit which grounds the proceedings. This affidavit will set out all the facts as known to you, including the proof that this other person is liable to the solicitor. The solicitor will be allowed an opportunity to put his version of events as to why you are liable to him on affidavit. Then the judge will read the affidavits from both sides and hear oral argument and then decide whether to strike out the proceedings as disclosing no reasonable cause of action or not. This prevents the case ever coming to a full hearing and essentially a preliminary decision on the issue of liability occurs. This is the best way to deal with this situation where you are being sued by this solicitor simply because you are a "mark" and the person with the most money.

Buachaill :

2. If you need assistance with this Motion & affidavit, I would suggest you either hire a solicitor to do it for you. Or else, get the help, which is free, from the independent Law Centres, known as FLAC. Go to www.flac.ie where you will find a list of the centres & choose one near you. Best of Luck!

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

Thanks - sorry for the delay I couldn't get access to the first part of this when i opened it.

Customer:

So essentially : I just have to wait until the proceedings are instigated against me and then file the motion? Will I get the opportunity to read the opposing solicitor's affidavit prior to the hearing?

Customer:

If the judge finds that there is reason for liability to myself will this affect my contest of the bill at trial?

Buachaill :

3. Yes, essentially you wait until proceedings are issued against you and then you issue a motion to strike out. You will get an opportunity to read the solicitor's affidavit in advance of the hearing of the Motion. The decision of the judge on the MOtion is not a final decision and does not mean it will be followed at trial as there is a different standard at play. All the judge does is decide whether there is no case to answer at all. The judge does not enter into the issue of if there is liability, then how much it is.

Buachaill :

Please RATE the Answer positively so that I may get paid

Customer:

Thank you. Very satisfied with your service. I didn't understand what you meant when you said "The decision of the judge on the MOtion is not a final decision and does not mean it will be followed at trial". But you I think you have answered all my questions. So I'll rate this as excellent.

Customer:

Thanks again

Buachaill and other Republic of Ireland Law Specialists are ready to help you