The Gazette 1982

g a z e t t e

april

1982

Practice Note

Delay in Default Judgements

DON'T LEAVE YOUR MONEY IDLE AND MOTH EATEN!

A matter of considerable concern to the profession over the past few months has been the considerable delay in the issuance of Default Judgments from the Central Office. The Law Society has been doing its utmost to achieve an improvement in the situation. The Law Society is informed that the situation should improve materially over the next fewmonths when it is expected additional overtime will be done. Furthermore, the extendedjurisdiction ofthe Circuit Court is expected to alleviate the position further. The Law Society however is informed that a large factor contributing to the delay is the number of documents that have to be returned by reason oferrors in the Judgment sets. The Law Society is informed thatthefollowingerrors aré recurring and if avoided would help greatly to reduce the backlog at present existing in this area viz:- (a) Description of Deponent not given in Affidavits of Debt and service. (b) Incorrect date of issue, Record No. or Year of Issue quoted on Affidavit of Service. (c) Judgment form certificate and Praecipe not signed by Solicitor. (d) Addresses and descriptions ofparties to the Action not recorded on Judgment form. (e) Defective Jurats in Affidavits viz "sworn at Street in the County o f '. The clause "and I know the Deponent'' omitted. (f) Incomplete forms of execution and registration. (g) Various errors or omissions on Summary Summons; viz. (i) where Plaintiff is a Limited Company, address shown on Summons may read "place of residence at" in lieu of "regd. office at", (ii) inaccuracies in computation of addition and sub- traction, miscalculation of interest amounts in Bank claims, (iii) insufficient or superfluous particulars in the in- dorsement of claim (no advertance to forms of Special Indorsement of Claim in Appendix B Part III of the Rules). For example, in goods sold and delivered claims the clause "at the request of the Defendant" omitted. •

Deposit interest - got °/ o rates available up to MOi ° DEPENDING ON THE AMOUNT ON DEPOSIT with security,ease of withdrawal & Trustee Status.

Send for free brochure

2 Lr.Merrion Street.Dublin 2.Tel.(0l) 763225

MARRIAGE COUNSELLING can we help? Catholic Marriage Advisory Council. Contact: The Secretary, C.M.A.C., 35 Harcourt Street, Dublin 2. Telephone: 780866 or consult the Telephone Directory for your local centre.

NAT IONWIDE INVESTIGATIONS LIMITED

Working in closest co-operation with the Legal Profession

126 Broadford Rise, Ballinteer, Dublin 6 Tel. 01 989964

110