Sheriff cant enforce orders due to cuts!

Mesenger1

Hi all,

I just heard that the Sheriffs office has been caught up in the whole civil service cuts and can no longer go out to enforce orders due to lack of funds!! Does this mean that this particular threat of enforcement has now been removed and there is no incentive to pay what is owed - is this logical??

What are others opinions???

m1

sdanseo

Mesenger1 wrote: »

Hi all,

I just heard that the Sheriffs office has been caught up in the whole civil service cuts and can no longer go out to enforce orders due to lack of funds!! Does this mean that this particular threat of enforcement has now been removed and there is no incentive to pay what is owed - is this logical??

What are others opinions???

m1

We have sheriffs? What?

dermot_sheehan

The sheriff is not a particularly effective means of enforcement anyways.

A main reason the sheriff is used is because court rules require the sheriff be used before other means of execution are used (such as garnishee's, bankruptcies/liquidations or equitable receiverships). Judgement mortgages are an exception in that you don't have to send out the sheriff first.

Many judgement creditors expect to receive no satisfaction from the sheriff and merely await a return of the execution order with nulle bonna (or whatever the latin for "no goods" is, mine is a bit scratchy), so they can garnishee or petition for bankruptcy the debtor.

Also I'd be surprised if the sheriff was affected by the cuts. The reason is in Dublin City and County, and Cork City and Council the sheriff is not a salaried civil servant but rather receives fees from performing the office of sheriff. The sheriff's fees are satisfied first out of any sale and I'd assume his business would be booming at the moment.

Mesenger1

gabhain7 wrote: »

The sheriff is not a particularly effective means of enforcement anyways.

A main reason the sheriff is used is because court rules require the sheriff be used before other means of execution are used (such as garnishee's, bankruptcies/liquidations or equitable receiverships). Judgement mortgages are an exception in that you don't have to send out the sheriff first.

Many judgement creditors expect to receive no satisfaction from the sheriff and merely await a return of the execution order with nulle bonna (or whatever the latin for "no goods" is, mine is a bit scratchy), so they can garnishee or petition for bankruptcy the debtor.

Also I'd be surprised if the sheriff was affected by the cuts. The reason is in Dublin City and County, and Cork City and Council the sheriff is not a salaried civil servant but rather receives fees from performing the office of sheriff. The sheriff's fees are satisfied first out of any sale and I'd assume his business would be booming at the moment.

Interesting, I was not aware of the whole premise of using the sheriff as a link in the chain to more action via the court system.

However, I take on board what you say about the Dublin/Cork sheriff office but I can assure you that these two are exceptions to the rules. The rest of the Sheriffs offices throughout the rest of country are civil servants and do not receive any commission from seizures undertaken. They are funded purely from either the Courts Service/Dept of Justice, they have a call out fee of only €40 plus nominal mileage which again is funded directly from the public purse - hence the cutbacks! I know for a fact that many court orders may take more than one visit but only the one fee of €40 can be applied on the back of that court order - particularly on home repossessions.....

dermot_sheehan

Yes, outside cork/dublin the office of sheriff is held by the County Registrar who is a civil servant in the courts service.

I forgot to add that one role of the sheriff and his/her officers other then seizing goods to satisfy a money judgement is to enforce an order for possession and physically show up and turf people out of their homes.