Query - Help Needed

eoingaffney

Hi,
I'm owed money from a business in Laois. It seems i cannot obtain the money i'm owed via courts due to the severe legal costs. I was going to have a peaceful Picket with banner made up that they owe me money and parade in front of their premises to try and shame them in to paying what the owe me. Does anyone know, would this be legal . (i would'nt be on their property?)

thanks
Eoin

eoingaffney

hi folks,
any info appreciated?#

thks
eoin

the_barfly1

Cant see why you couldn't do it. My old man did the same to an ex employer of his in dublin a few years back when they wouldn't pay him wages they owed him. Worked for him.

As far as I know we all have the right to protest

eoingaffney

Thats what i reckoned, i followed the legal route for last few months and its getting me nowhere, I cant let these guys get away with it! Does anyone know for certain if there are any rules/legalities to peaceful picketing/protesting?

the_barfly1

As far as I know, once you're acting in a peaceful manner you can do what you like; ie- you're not causing any injury, harm or loss to anyone.

I'm actually based in laois myself too, what industry the company involved in?

dats_right

You could well be creating legal difficulties for yourself by going down the road you have in mind and I don't think it is to be recommended. You say that it seems you cannot recoup the monies through the courts owing to the 'severe legal costs', who told you this or is this just what you believe to be true? Have you spoken to a solicitor? Because if this is a straightforward debt collection matter then the legal fees involved won't be very high and some of which can be recovered against the debtor anyway. But it's the same old story really, in that whilst the legal route definitely offers the best prospect of recovering the money, you ultimately can't get blood from a stone! See here for a basic explanation to the legal process involved in debt collection. (by way I have absolutely no connections with that particular firm, save that they are well known in the legal world as specialising in large scale debt collection. But in a case such as this virtually any local solicitor will be in a position to handle the case)

eoingaffney

The legal route is exhausted. The owed sum in relatively low.I have a summary decree from the small claims court in my favour.It is a motor related industry, I have sought legal advice, the next avenue open to me is to take a ruling to high court to petition windup on company which financially wise is'nt viable!!!! I do not wish to be picketing in the street, but its the only avenue these B*&*ards have left me!! So my question was is picketing in c peaceful manner not on their property legal?

eoingaffney

croskerrys refuses already, it seems teh sum is'nt enough for them to take my call - The sum is still 1,900e, which is a lot to me

eoingaffney

I do have a small claims decree im my favour for the amt, and i can prove all i state in my protest

dats_right

Have you sent the decree to the sheriff to be enforced? (cost aprox €19). Okay it doesn't always succeed but it will mean that the Sheriff will call to their offices and seek to enforce the judgement on your behalf. If this doesn't work you can then threaten to register the judgement in the Central Office of the High Court, this is a relatively straightforward procedure (cost aprox €20) and will mean that the judgement will be published in Stubbs Gazette and other trade magazines. This could have very serious financial implication for them as banks and trade suppliers pay very close attention to this, and what's more is going to have far more practical impact on their business then one man and a sign!!

If neither is succesful the last realistic option is seek to register a judgement mortgage against any property they own. When you have a your judgement mortgage it means that they won't be able to sell the property for 12 years without first paying you. If none of these things work your last option will be to petition to wind up the company but I don't think that is very realistic given the amount owing.

eoingaffney

Yes of course.The sheriff's department is an utter and complete waste of time!! Useless, ineffective, lazy, ignorant, unhelpful people. In fact ive wasted 10 months on the sh&te crap useless So calles small claims procedure and sheriff procedure and I will be sick if i waste anymore time on it! I will definitely be picketing

eoingaffney

dats_right wrote: »

Have you sent the decree to the sheriff to be enforced? (cost aprox €19). Okay it doesn't always succeed but it will mean that the Sheriff will call to their offices and seek to enforce the judgement on your behalf. If this doesn't work you can then threaten to register the judgement in the Central Office of the High Court, this is a relatively straightforward procedure (cost aprox €20) and will mean that the judgement will be published in Stubbs Gazette and other trade magazines. This could have very serious financial implication for them as banks and trade suppliers pay very close attention to this, and what's more is going to have far more practical impact on their business then one man and a sign!!

If neither is succesful the last realistic option is seek to register a judgement mortgage against any property they own. When you have a your judgement mortgage it means that they won't be able to sell the property for 12 years without first paying you. If none of these things work your last option will be to petition to wind up the company but I don't think that is very realistic given the amount owing.

Thanks a mill for all the info though

eoingaffney

"register the judgement in the Central Office of the High Court"
How do i go about doing the above?

McCrack

Go and physically protest in a public area outside their premises. There is nothing legally stopping you provided you are not threatening, abusive or insulting in any way and not causing an obstruction.

Darragh29

Right, I'm listening to the Joe Duffy Podcast on this and so far this is what the story is:

Guy buys car and subsequently brings it to a main dealer for a "diagnostic check", after feeling that something was not right with the car. The "diagnostic check" is done and the diagnosis is one shock absorber needs to be replaced and the cost of replacing one shock absorber and the cost of the "diagnostic check", comes to 1,100 Euro.

Now either the garage he brought it to was taking the p*ss with this guy completely or else this guy is taking the p*ss with Joe Duffy and the rest of us...

The complainant here says he decided to take the car to a "main dealer to have it plugged in", when we all know what he should have done is brought the car back to where he bought it. I haven't heard the complete podcast yet but so far this guy sounds like he has created a complete mess for himself, going to another garage and letting them run up a bill of 1,100 Euro for a shock absorber and a 5 minute diagnostic check.

I forgot to add, there are no circumstances I'm aware of when you need a computerised diagnostic check on a Mazda to diagnose a defective shock absorber.