Seanad debates

Tuesday, 7 July 2009

Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage

 

12:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I have no problem with this concept. Subject to correction, I am of the view that under the District Court rules, a judge can order a substituted service on any issue regarding people who might avoid service. From my experience, I know that people use all sorts of methods to try to avoid the service of a summons, especially if they know there is bad news coming down the track. I recall one incident where a particular debtor was avoiding service by hiding from the postman and so on. The creditor got a bit shrewd and decided to get a jury envelope and stamp "congratulations" on it. When the debtor opened the envelope, he found the summons inside and got the fright of his life. It was dragging on for months and months and it added a bit of hilarity to the District Court in question many moons ago. I do not wish to denigrate the amendment in any way, but I believe this situation is covered in the Bill as it stands. The District Court judge may decide to allow the person to be served by ordinary pre-paid post, as opposed to registered post, for example. I also believe, subject to correction, that personal service will continue to be possible.

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