Curious about the validity of a court judgment obtained where it can be proven that the summons upon which the application was grounded was served on and a receipt of service provided by a person unconnected with the debtor, unconnected in every way, in this instance the case progressed and a judgment was awarded in the absence of any defence. Only after the judgment was awarded did the debtor become aware of any legal avenues being persued by the creditor and the fact that service cannot be relied upon as they have seen a copy of the receipt, they know of the individual that signed for it but no more than that.
The Court made no error but the paperwork supplied by the creditors solicitor showing proof of service was worthless due to an unconnected party signing for receipt of the summons and having nothing to do with the debtor.
Is it straightforward to go back to Court and have the debtors solicitor explain in detail and request to have the judgment set to one side pending reissuing of summons in due course.
I'm not getting into are the monies owed or not, just the legal aspect on the initial summons being incorrectly served with debtor never knowing about the Court date etc.
The Court made no error but the paperwork supplied by the creditors solicitor showing proof of service was worthless due to an unconnected party signing for receipt of the summons and having nothing to do with the debtor.
Is it straightforward to go back to Court and have the debtors solicitor explain in detail and request to have the judgment set to one side pending reissuing of summons in due course.
I'm not getting into are the monies owed or not, just the legal aspect on the initial summons being incorrectly served with debtor never knowing about the Court date etc.