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Advice Concerning a Solicitor's Letter

  • 13-02-2009 2:37am
    #1
    Registered Users, Registered Users 2 Posts: 339 ✭✭


    Just looking for advice on the following scenario.

    If a company owed you money and you were to send them a solicitor's letter requesting payment outlining that if the situation isn't remedied that you will be taking it further, would it be sufficient to name just the company (company has two directors) or the individual that you have interacted with in the company who is also one of said directors. It is a limited company so my understanding is that limited liability is attached to both company directors.

    On receipt of solicitor's letter if there is no mention of the company and the threatened next step is court action would the person who receives it have any recourse as they don't personally owe the money themselves as it is a company liability and not a personal one. I suppose the point I would be looking at would the receiver have a case for remedy if they were being accused of owing the money personally and not the company. Is there much reverence attached to a solicitor's letter?


Comments

  • Registered Users, Registered Users 2 Posts: 119 ✭✭keystone


    Better talk to solicitor in my opinion. Simple as!


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Any letter to a limited company claiming money would be addressed to the secretary of the company. The defendant in any court case would be the company.


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


    As Jo King said - a company has a seperate legal personality - its a legal person in effect.

    Letters are one thing and anything "defective" as such is easily rectified.

    If you've recieved such a letter, then you need a solicitor. You can't seek legal advice here.


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