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Court costs

  • 13-10-2008 8:47pm
    #1
    crazykid
    Closed Accounts Posts: 8 ✭


    Hi everyone

    Does anyone know what can a court do to someone who has court costs to pay and financially are unable to pay them?

    Thanks


Comments

  • #2
    Spike440
    Registered Users, Registered Users 2 Posts: 527 ✭✭✭Spike440


    If the party who obtained the costs order tries to enforce that order against the losing party, they may go to the court and seek a range of remedies including a garnishee order (deduction of wages or payments over a period of time), sale of property, a judgment mortgage etc.


  • #3
    crazykid
    Closed Accounts Posts: 8 ✭crazykid


    Thats great. but what if the person has no house or other assets worth talking about, and not any income. Apart from baliffs taking anything valuable what other ways will the courts enforce an order or would the person be required to pay what they can, when they can?


  • #4
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    A spot of jail is also possible.


  • #5
    crazykid
    Closed Accounts Posts: 8 ✭crazykid


    thats what i was wondering. Even if it was a civil matter (for example a divorce) that caused the costs?


  • #6
    Maximilian
    Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    I remember sitting in a court many years ago when a judge threw a debtor in jail for a week. I was quite surprised at the time, as I didn't think it was something that would often be used. It's a very punitive remedy but I imagine it's only used where a debtor is willfully refusing to co-operate.

    Otherwise, if you simply don't have the money, there's little a Court can do that will change that. I don't think a judge would ever chuck someone in prison for having no money. Nothing would be achieved by that. You would still have judgments and what not hanging over your head until such time as the debts are repaid, which is no joke.


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Normally you would only go to jail of the creditor invoked the Enforcement of Court Orders procedure, This involves being summoned to court to be examined as to your means. If the court is satisfied that you have income or assets, an order to pay by instalments may be made against you. Failure to pay those instalments may lead to an application to commit you to prison for failure to comply with the instalment order. Most creditors and most judges do not want to see all this happen. Therefore any reasonable approach or offer to the creditor may stave it off.

    You could however find yourself in prison quicker if your are ordered to pay a certain sum as part of a court order. Failure to comply with such an order may be deemed a contempt of court, and the other side or indeed the judge could issue a motion for your committal to prison for that contempt of court.

    Remember that if a judgement for any debt is granted against you, that this is "live" for twelve years, and may affect your credit rating over that period.

    Talk to your solicitor - in good time.


  • #8
    crazykid
    Closed Accounts Posts: 8 ✭crazykid


    Thanks for that maximilian, its crazy the court costs these days. I'm sure there are plenty of people that get these costs and cant pay but then they are paying them off for a very long time in bits and pieces.


  • #9
    crazykid
    Closed Accounts Posts: 8 ✭crazykid


    nuac wrote: »
    Normally you would only go to jail of the creditor invoked the Enforcement of Court Orders procedure, This involves being summoned to court to be examined as to your means. If the court is satisfied that you have income or assets, an order to pay by instalments may be made against you. Failure to pay those instalments may lead to an application to commit you to prison for failure to comply with the instalment order. Most creditors and most judges do not want to see all this happen. Therefore any reasonable approach or offer to the creditor may stave it off.

    You could however find yourself in prison quicker if your are ordered to pay a certain sum as part of a court order. Failure to comply with such an order may be deemed a contempt of court, and the other side or indeed the judge could issue a motion for your committal to prison for that contempt of court.

    Remember that if a judgement for any debt is granted against you, that this is "live" for twelve years, and may affect your credit rating over that period.

    Talk to your solicitor - in good time.


    But if say in a divorce case, the man is ordered to pay costs so far and has no means, income or assets then I cant see a judge throwing him in jail? But then that would be his luck - Its not me, thank god!!!:eek:


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