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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1407
Experience:  Dual qualified Solicitor and Attorney
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If I never received a summons in England and can prove I was

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Hello, if I never received a summons in England and can prove I was not living at that address at the time, can I apply to get a judgement set aside in the rep. Of Ireland. I reside in the Uk and am English
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Uk citizen, live in the Uk. I have a civil case taken out against me and the first I have known about it is bailiff action, I never knew the case had gone to court in Dublin.
Assistant: Have you talked to a lawyer about this?
Customer: I cannot find a Dublin Lawyer to take my case, I have tried 12 practices
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 6 days ago.
I have just received the documents that were presented to the Dublin County Court which started this case, in 2014.
Customer: replied 6 days ago.
It subsequently went to The Four Courts in 2016 and I first heard about legal action in June this year 2019
Customer: replied 6 days ago.
With the arrival of a bailiffs letter delivered by hand through my door.

Hi thank you for your message, yes you can apply to get it set aside. You can apply in writing to the court dealing with your judgment to have it set aside. You’ll need to contact the court to confirm the correct form to be used as they will have the most up to date records locally. Once the court receives your application, they’ll set a hearing. You’ll need to check with your creditor and the court if you’re expected to attend. In essence, you can argue that the original forms leading to the judgement were not correctly served and therefore the judgement set aside. The judgement will automatically be removed from your credit file, but it might take a month for this to happen. It’s worth checking your credit file 6-8 weeks after the judgment has been set aside to make sure it’s no longer there.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

 

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Customer: replied 6 days ago.
Thank you that’s a start!
Customer: replied 2 day ago.
Hi again Jeremy,
Some developments have occurred since I spoke to you last. The High court enforcement officers have taken my work vehicle, which incidentally is worth less than £1350.00 and is not very conducive in me making a living to pay anything at all , but that is another matter.
I have been in touch with the high court in Dublin about the relevant form to get the judgement set aside and they asked to see any court documentation regarding the case, I duly sent them everything I had and I have just received an email stating that a European enforcement order was made to a court in my jurisdiction. Would you know where or how I might find out where this court would be?
I assume I would have to make an application to this court for setting aside the said judgement, in which case it would be an English form?
I need to act swiftly here as the enforcement officers will be forcibly entering my home soon.

Kind Regards Gary Worsley.

Hi Gary apologies for the delay, when they say your jurisdiction you are based in Dublin is that right?

Apologies, I see you live in the UK but the case was in Dublin. So where do you live in England?

Customer: replied 2 day ago.
No, the plaintiff is trident in Dublin and I am resident in the Uk.
Customer: replied 2 day ago.
Sorry I mean resident !
Customer: replied 2 day ago.
I live in Westcliff-on-Sea Essex, that is the same town where the papers were originally served..
Customer: replied 2 day ago.
But completely different address.

Hi thank you for your message, I apologise I am struggling to establish how you would establish which court the matter is being enforced in. You should perhaps contact the court in Dublin to ask which court they have referred the enforcement too.

Customer: replied 2 day ago.
Ok Thank you!
No problem.