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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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This morning I was confronted by a car when I had reversed

Customer Question

This morning I was confronted by a car when I had reversed out my drive and he rolled down the window and said can i have a word with you then he threw a bundle a papers at me and summons served the papers blew down the field in the rain and wind. This summons was meant for my son what should I do the court case I Believe would be the 8/7/16 and the offence was on 16-2-16. where do I stand with this I left the summons on the road
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help.
Customer: Ok what next
JA: Have you talked to a lawyer yet?
Customer: No this only happened this morning. he didnt identify that he was a guard
JA: Anything else you think the lawyer should know?
Customer: The guards had previously tried to issue the summons but no would accept it at the house
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Customer: replied 1 year ago.
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Expert:  Buachaill replied 1 year ago.

1. The first thing your son should realise here is that he has been validly served with the Summons by the Gardai. Essentially, by sending out a Summons server and catching you leaving the house, the little difficulty your son created by refusing to accept delivery of the Summons has been overcome. Now the District Court judge will sentence him in his absence in the District Court when the offences comes up. If necessary, evidence will be provided that someone living in the house was validly served with the Summons. So, at this stage, your son should simply instruct a solicitor and seek to defend the proceedings. he can argue that the summons was not validly served on him. However, a District court judge will give short shrift to someone who is perceived to be evading service of a summons.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the as unless you rate the answer your expert will receive no payment for answering your question. Your live phone call request will be dealt with by a different expert.

Customer: replied 1 year ago.
Hi the fact that I was on a public road that the guard almost hit me in the face and the Papers blew all over the field in the wind and rain. I really dont think it was served. Also do I have a case to make a complaint against the garda involved as he in effect flung the papers in my face I felt threatened by his actions.
Expert:  Buachaill replied 1 year ago.

3. It is clear that your fundamental human rights were infringed when the guard attempted to serve you with the papers. Accordingly, I would suggest you find out the name of the individual Garda or person who sought to serve you with the papers and sue them personally for assault for the manner in which they threatened you and flung the papers in your direction. This is the best course of action. Secondly, you can also seek to have service set aside as not being properly effected. However, do be aware that most judges have an extreme aversion to anyone who seeks to suggest they will not engage in the legal process by attempting to evade service.