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Bill Outstanding , Can one be arrested

  • 27-05-2009 3:40pm
    #1
    declans
    Closed Accounts Posts: 49 ✭


    A friend of mine owes a Tool Hire company €1,200 , He is not in position to pay at the moment and lives 50 miles from the company premises.
    Anyway he got a call yesterday from a Garda (Allegedly) who said if he did not pay he would be arrested !!

    His solictior told him to ignore ,

    Anybody have any idea what powers gardai actually have in this scenario .


Comments

  • #2
    jhegarty
    Registered Users, Registered Users 2 Posts: 6,441 ✭✭✭jhegarty


    Unless he owes the money because he stole it then it's a civil matter.

    They will have to take him to court.


  • #3
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    The Gardai only have the power to enforce court orders in these instances.

    The only way he could be threatened with arrest is if the company went to court and the judge made a judgement against your mate, which your mate then failed to comply with, so the company went back to court a second time to enforce the payment and the judge issued a warrant for your mate to appear before the court.

    The odds of this happening without your mate's knowledge are miniscule.

    Sounds like either the company or a debt collection agency trying to pull a fast one. If he gets another such call, he can just ask for the Garda's name, number and the station that he's based. The guy on the end of the phone will probably refuse to do so, at which point he can hang up and contact the Gardai about being harrassed by someone impersonating a Garda.


  • #4
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,815 ✭✭✭GerardKeating


    declans wrote: »
    A friend of mine owes a Tool Hire company €1,200 , He is not in position to pay at the moment and lives 50 miles from the company premises.
    Anyway he got a call yesterday from a Garda (Allegedly) who said if he did not pay he would be arrested !!

    His solictior told him to ignore ,

    Anybody have any idea what powers gardai actually have in this scenario .

    Does he know the phone number from where the call came from (might still be in the call history of the phone, of not too many calls). If so ring local Garda station, say a bloke from the number called claiming to be a Garda and made certain threats, they might be interested in having a word with the pretender....


  • #5
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Many companies in these times are not keen on using the legal system to collect money and are reverting to the Sopranos methods of debt collection such as trespassing and harrassment of debtors as described above. All highly illegal acts.


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