S.I. No. 214/1963 - District Court (Hire-Purchase) Rules, 1963

1. By hire-purchase agreement in writing dated day of 19and made between(

a

) of the one part and the †(first named) Defendant of the other part certain goods namely :—

were let to the said †(first named) Defendant by way of hire-purchase at the hire-purchase price of £ payable as follows:—

*2. By a further agreement in writing dated day of 19 and made between (

a

) of the one part and the second named Defendant of the other part the said second named Defendant guaranteed the due and punctual payment by the said first named Defendant of all sums due by him under the said hire-purchase agreement and agreed to indemnify the owner of the said goods against failure of the said first named Defendant to make the payments aforesaid.

2. These Rules shall come into operation on the 2nd day of March, 1964, and shall be read together with the Principal Rules and all other District Court Rules for the time being in force.

3. By assignment dated the day of 19the said (

a

) assigned his/her/their interest in the said hire-purchase agreement †(and guarantee and/or indemnity) to the Plaintiff. By notice dated the day of 19 the said Defendants) was notified of the said assignment.

4. The Plaintiff is the owner of the said goods.

5. The provisions of

section 3

of the

Hire-Purchase Act, 1946

, as amended, were complied with in respect of the said transaction(s).

6. (Set out the facts showing Plaintiff's right to immediate possession of the goods and that the said first named Defendant detains same.)

†7. There is due and owing to the Plaintiff on foot of the said hire-purchase agreement the sum of £

(

a

) Original owner.

†Delete where inapplicable.

(Particulars)

†Delete where inapplicable.

The Defendant(s) †(and each of them) is/are therefore hereby required personally to appear at the sitting of the District Court for the hearing of Civil Proceedings to be held at in the Court Area and District aforesaid at o'clock in the noon on the day of 19to answer the Plaintiff's claim against the † (first named) Defendant for recovery of possession of the said goods so detained by him as aforesaid and against † (both) Defendant(s) for the said sum of £

Dated this day of 19 .

Signed ..................................

Plaintiff or Solicitor for Plaintiff

of

Costs £ if paid before entry.

Costs £ if paid after entry.

NOTE:—If the Defendant wishes to defend this Process, he should detach the forms of Notice of Intention to Defend at the foot hereof and having completed same, give or send one such form to the Clerk of the District Court at the above-mentioned place, four days at least before the date of hearing and send the other such form to the Plaintiff or his Solicitor.

NOTICES OF INTENTION TO DEFEND as set out in Form 1 to be added.

FORM 3

RULE 4 (1)

DECREE (IN PROCEEDINGS BY AN OWNER TO RECOVER GOODS SOLELY OR TOGETHER WITH ANY OTHER CLAIM UNDER A HIRE-PURCHASE AGREEMENT)

District Court Area of

District No.

Between/

A. B.

of

in the County of

(description of Plaintiff)

Plaintiff

—and—

C. D.

of

in the County of

and Court Area and District aforesaid

(description of Defendant)

Defendant(s).

IT APPEARING TO THE COURT that the Plaintiff caused a civil process to be brought at the sitting of the said Court for the hearing of Civil Proceedings held at on the day of 19 against † (first named) Defendant for the recovery of certain goods namely:—

†Delete where inapplicable.

and against —(both) Defendant(s) for the sum of £ due by the † (first named) Defendant under a hire-purchase agreement in writing dated day of 19 made between (

a

) the Plaintiff of the one part and the †(first named) Defendant of the other part, † (and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of 19 and made between the Plaintiff of the one part and the said second named Defendant of the other part)

AND IT FURTHER APPEARING TO THE COURT that the said civil process was duly served on the said Defendant(s) and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed

IT IS THEREFORE ORDERED AND DECREED BY THE COURT

that the Plaintiff do recover from the † (first named) Defendant the said goods and † (do recover from the Defendants the said sum of £ ) and the sum of £ for costs and the sum of £ for witnesses' expenses and all Sheriffs and County Registrars are hereby commanded to take the said goods namely:—

†Delete where inapplicable.

from the said † (first named) Defendant and deliver same to the said Plaintiff and are further hereby commanded to take in execution the goods of the Defendants) to satisfy the said † (debt) costs and witnesses' expenses.

Dated at

this day of 19 .

Signed ............................................................ ...........

Justice of the District Court assigned

to the said District

Signed ............................................................ ..........

Plaintiff or Solicitor for Plaintiff

of

† Debt

£

Cost

£

Witnesses' Expenses

£

Credit

£

Total

£

(County Registrar's Warrant to be added).

FORM 4

RULE 4 (1)

DECREE (IN PROCEEDINGS BY AN ASSIGNEE TO RECOVER GOODS SOLELY OR TOGETHER WITH ANY OTHER CLAIM UNDER A HIRE-PURCHASE AGREEMENT)

District Court Area of

District No.

Between/

A. B.

of

in the County of

(description of Plaintiff)

Plaintiff

—and—

C. D.

of

in the County of

and Court Area and District aforesaid

(description of Defendant)

Defendant(s).

Defendant(s).

†Delete where inapplicable.

(

a

) Original owner.

IT APPEARING TO THE COURT that the Plaintiff caused a civil process to be brought at the sitting of the said Court for the hearing of Civil Proceedings held at on the day of 19 against † (first named) Defendant for the recovery of certain goods namely:—

and against † (both) Defendants for the sum of £ due by the † (first named) Defendant under a hire-purchase agreement in writing dated day of 19 made between (

a

) of the one part and the † (first named) Defendant of the other part, † (and due by the second named Defendant on foot of a contract of guarantee and/or indemnity in writing dated day of 19 and made between (

a

) of the one part and the said second named Defendant of the other part)

by assignment dated day of 19 the said (

a

) assigned his/her/their interest in the said hire-purchase agreement and guarantee and/or indemnity to the Plaintiff: by notice dated day of 19 the Defendant(s) was notified of the said assignment

AND IT FURTHER APPEARING TO THE COURT that the said civil process was duly served on the said Defendant(s) and that the Plaintiff is entitled to recovery of the said goods as therein claimed and to the said sum of £ as also therein claimed

IT IS THEREFORE ORDERED AND DECREED BY THE COURT that the Plaintiff do recover from the £(first named) Defendant the said goods and †(do also recover from the Defendants the sum of £ ) and the sum of £ for costs and the sum of £ for witnesses' expenses and all Sheriffs and County Registrars are hereby commanded to take the said goods namely:—

from the said †(first named) Defendant and deliver same to the said Plaintiff and are further hereby commanded to take in execution the goods of the Defendant(s) to satisfy the said †(debt) costs and witnesses' expenses.

Dated at

this day of 19

Signed ............................................................ .....

Justice of the District Court assigned

to said District

Signed......................................

Plaintiff or Solicitor for Plaintiff

of

Debt

£

Costs

£

Witnesses' Expenses

£

Credit

£

Total

£

(County Registrar's warrant to be added).

EXPLANATORY NOTE

These Rules, which come into operation on the 2nd March, 1964, regulate the practice and procedure of the District Court in relation to proceedings founded on hire-purchase agreements for the recovery of possession of the goods solely or together with any other claim and prescribe forms of civil process and decree relating thereto and in compliance with the provisions of the Hire-Purchase Acts, 1946 and 1960.

S.I. No. 214 of 1963.

DISTRICT COURT (HIRE-PURCHASE) RULES, 1963

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act, 1924

,

section 72

of the

Courts of Justice Act, 1936

, and

section 48

of the

Courts (Supplemental Provisions) Act, 1961

, and with the concurrence of the Minister for Justice do hereby make the following rules:—