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Small Claims Court - Sheriff

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  • 08-08-2014 1:26pm
    #1
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭


    Hi all,

    My girlfriend went through the Small Claims Court process, and won her case. However, the respondent never paid the fine. We decided to use the services of the Sheriff to see if he could reclaim the fine.

    After a couple of months, we got a letter in the post. His response was: "I tried that address and got no reply". It doesn't sound like he tried very hard!

    What are the next steps? How can the money be reclaimed?

    Thanks,

    Ross
    Tagged:


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    #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    A minor point but she would have been awarded damages, the defendant was not 'fined'.

    Is it a business address that you are trying to enforce against?


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    #3
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭dotnetster


    Hi Bepolite,

    No, it's a home address.

    Thanks


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    #4
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    dotnetster wrote: »
    Hi Bepolite,

    No, it's a home address.

    Thanks

    Even if the sheriff gets an answer its unlikely he'll be able to get anything for you I'm afraid. I take it this was some sort of private sale?


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    #5
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    If I might hijack your thread a bit - what enforcement options are available in the District Court if one where so bloody minded that cost was not a factor? Could the OP, hypothetically, obtain a lien or judgement mortgage or any sort?


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    #6
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭dotnetster


    Then what is the point of the Sheriff? Why would he just give up after one call? What happens when the defendant doesn't pay up?


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    #7
    GerardKeating
    Registered Users Posts: 7,533 ✭✭✭GerardKeating


    dotnetster wrote: »
    Then what is the point of the Sheriff? Why would he just give up after one call? What happens when the defendant doesn't pay up?

    Sheriff works on commission I think, I imagine they try harder for larger amounts.


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    #8
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    dotnetster wrote: »
    Then what is the point of the Sheriff? Why would he just give up after one call? What happens when the defendant doesn't pay up?

    Lol, prison. My ass. It has to be the most pointless waste of time of a court.


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    #9
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    It might have served a function when 99% of people had the capacity to repay and a blemish on their financial record meant something? It means nothing now. People have no credit ability anymore, so an extra nail in the coffin is as useless as it is superflous


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    #10
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    dotnetster wrote: »
    Then what is the point of the Sheriff? Why would he just give up after one call? What happens when the defendant doesn't pay up?

    Business addresses they are very successful at. Private address are always going to be more problematic. You need to know nothing more than a bit of Irish history to understand why.

    OP is there an alternative, business address?


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    #11
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    NipNip wrote: »
    Lol, prison. My ass. It has to be the most pointless waste of time of a court.

    Sorry maybe you're responding to something that got editied - but I don't see someone resolving their dispute in a court as a waste of time. What would you suggest?


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    #12
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Bepolite wrote: »
    Business addresses they are very successful at. Private address are always going to be more problematic. You need to know nothing more than a bit of Irish history to understand why.

    OP is there an alternative, business address?

    Most businesses have no actual assets in their name anymore! Unless they are affluent larger businesses, in which case the sheriff is not a concern


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    #13
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭dotnetster


    Hi Bepolite,

    Yep, we have contact phone number and also a business address for her.


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    #14
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Bepolite wrote: »
    Sorry maybe you're responding to something that got editied - but I don't see someone resolving their dispute in a court as a waste of time. What would you suggest?

    It is impossible to seize assets which are no longer there. A blemish on their credit record means nothing anymore as they are already on that black list. Every company nowadays is in Stubbs.


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    #15
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    NipNip wrote: »
    Most businesses have no actual assets in their name anymore! Unless they are affluent larger businesses, in which case the sheriff is not a concern

    He can gain access to the building and remove items of value. We're not talking about large amounts of money through the small claims procedure. One particular scenario springs to mind where someone was trying to claim off one of these dodgy colleges. The registered address was a residential address, we redirected the sheriff to the 'college'. Once he was there at reception explaining he was going to take the stuff out of reception, money suddenly became available.


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    #16
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    dotnetster wrote: »
    Hi Bepolite,

    Yep, we have contact phone number and also a business address for her.

    I can't give specific advice but I do like sharing anecdotes...


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    #17
    NipNip
    Banned (with Prison Access) Posts: 656 ✭✭✭NipNip


    Bepolite wrote: »
    He can gain access to the building and remove items of value. We're not talking about large amounts of money through the small claims procedure. One particular scenario springs to mind where someone was trying to claim off one of these dodgy colleges. The registered address was a residential address, we redirected the sheriff to the 'college'. Once he was there at reception explaining he was going to take the stuff out of reception, money suddenly became available.

    That is assuming the business is fluid


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    #18
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭dotnetster


    Thanks Bepolite,

    Having been through the small claims court process, it does seem like a waste of time. The process has taken almost a year to get to this point, and then the result is "Sorry, nobody at this address"!


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    #19
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    dotnetster wrote: »
    Thanks Bepolite,

    Having been through the small claims court process, it does seem like a waste of time. The process has taken almost a year to get to this point, and then the result is "Sorry, nobody at this address"!

    I've found it to be quite the opposite in many cases, I'm sorry its not worked out for you so well.


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    #20
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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    #21
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Fred Swanson wrote: »
    This post has been deleted.

    I've personal experiance of them attempting other addresses. Perhaps this was because they were the same business?


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    #22
    dotnetster
    Banned (with Prison Access) Posts: 45 ✭dotnetster


    Hi Fred,

    Who said many many times that the Sheriff is a waste of time? Any facts to back this up?


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    #23
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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