Members Login

"Should I Avoid A Summons To Court?"

summoned to appear

 

A common question raised by people calling our lines and emailing us is "should I avoid a summons to court over my mortgage arrears"? Some of the callers tell us they've gone to extra-ordinary lenghts to avoid the dreaded "court agent"; from travelling around the country rather than going home to actually moving out of the home. Its important when deciding what to do to consider the ramifications of both accepting a summons readily, and on the other hand avoiding it to a protracted degree.


The benefit to avoiding a summons intially is that with the amount of summons's being issued it may give you an extra month or two, maybe even three or four, before finally you have to face up to the fact that the bank has filed against you in the courts. The National Land League of Ireland are all for the elastication of each case to its maximum as every day gained is another day in one's own home. Dragging cases out for as long as possible is easier done inside the courts than outside however.


There is one distinct downside to excessive avoidance of a summons to court for possession of the home, and that is that you will not know what is going on. Let's say the bank has summoned you to court and a number of attempts have been made to serve you with the summons. You have successfully avoided it for one or two months by not answering the door or even avoiding the home place and workplace. Eventually the bank will apply to the court for "Substitution of Service". This may be in the form of sending the summons by ordinary post; pinning it to your door; even sending it to that Linked-in account you opened years ago but never used. You may have been served and never know about it.

As much as we in the National Land League espouse day and night that once you turn up in court you can drag out the court process for years, equally, if you don't turn up at all an order for possession will be made on the second Registrar's sitting. What you may have been planning to evade through excessively avoiding the summons may become a reality far sooner than you had ever thought.

We cannot advise you on what to do in the National Land League of Ireland, rather we can only present to you the experiences of our members for your consideration. We ask that you consider wisely and always know that the National Land League of Ireland will provide you with the support you need to stay in your home. In return we ask that you spread the message of the League. Our victory will be through our numbers.

 

 

Newsletter Subscription



DMC Firewall is developed by Dean Marshall Consultancy Ltd