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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 11319
Experience:  Barrister 17 years experience
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I have received the following letter and want to know how to

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I have received the following letter and want to know how to proceed ad where to get the forms o do so as well as what to do thereafter.I am in Republic of Ireland in Dublin 7.

Letter
Dear Mr Connolly
We are in receipt of your personal appearance filed in this matter on 12th July 2013.
We now call upon you to deliver your defence to the proceedings.This is a document setting out the grounds upon which you dispute and wish to defend the Plaintiff`s Claim (My brother)
Please note that if we are not in receipt of your defence within 10 days of todays date(16th July)our instructions are to bring a motion for judgment in default of same.
Please let me know where to get documents and what to do next.
1. A defence is a formal legal document which is drafted by a solicitor or barrister, normally, which sets out the grounds on which you wish to contest legal proceedings. It requires careful consideration of the legal allegations made in the Plaintiff's claim and an answer in the form of a defence setting out why and on what grounds you wish to contest the proceedings. I am glad to see that you spoke to Free Legal Advice because this will give you some idea of what is involved. One of the independent FREE legal advice centres FLAC (www.flac.ie) might be able to give you help if you want to draft a defence yourself. However, a better bet is to simply hire a solicitor to do it. Especially if the case is of any importance and has some value attaching to it. Agree fees in advance with the solicitor.
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Customer: replied 5 years ago.


Dear Mr Buachaill


Firstly I wanted to express my gratitude to you


I do appreciate that ideally I should go to a solicitor however my financial situation is such as to rule this out I think.


I therefore wanted to ask you if you knew which form I should download to proceed as I was informed by FLAC that I could do that although they only referred me to the courts.ie website and I was not able to discern from my examination of that site which was the correct form for me to use.


I would be extremely grateful if you could



  1. Let me know the name of the form I should use( I co-own a house with my brother and he is trying to force me to sell and the matter is with the Circuit court in Dublin.

  2. How I should proceed thereafter

  3. Can you tell me the approximate cost at the various stages I might reasonable be expected to pay on this with a Solicotor

  4. Can you recommend anyone who might represent me in the manner.


I should stress that I am supposed to deliver your defence to the proceedings by tomorrow evening at the latest according to the letter I got.


Finally is it likely the motion for judgment in default of same as stated in that letter will be awarded and if so how quickly.

2. At the outset, before I say anything else, you need to realise that if you co-own a house with your brother and he wants to sell, that a court will not "lock-in" one co-owner of property. So you can expect the court to grant an order for Partition & sale of the house, irrespective of what your case is. A co-owner will get a power of sale for the asking, as against another co-owner. YOur options are either to buy him out or simply to agree to a sale and take your money elsewhere. So at the outset, I would not advise you to waste legal costs or your time in opposing an application for sale by your brother as co-owner.
3. Here is a link to the part of the Rules of Court which govern your situation http://courts.ie/rules.nsf/2b513051ef3462c980256db700399501/08948ddc9327524780256f2300629296?OpenDocument. You need to consult Part V. However, be aware that it still needs substantial revision if it is to be used. That is why you need the help of a lawyer of some description. The basic approach is that you deliver a defence and then once pleadings are closed, the case will get called on for hearing. Motions, such as motion for default of judgment, are dealt with by sworn statements known as affidavit, which are then read by a judge.
4. Finally, if you wish to contest the proceedings, get yourself a lawyer as you are like a boxer in the ring with a blindfold on!! Litigation is a bloodsport.
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