Website displaying debtors / bad payers

leon76

Just a query to see what the legal position would be for printing the names of companies who owe me money on my website. Naming and shaming ... I know quite a few are still trading and are using the recession as a excuse not to pay.Its just a thought, regards Leon.

Tom Young

We don't do legal advice here.

I will say that defamation of companies is a feature of the law in Ireland for a long time and it is now codified in the 2009 Defamation Act. Malicious Falsehood is also a tort which may come into play.

Allegations of bad debts or payment issues are serious claims particularly if there is a valid and bona fide reason for not paying.

Don't go there. Hire a debt collector.

jimmycrackcorm

But wouldn't it depend on how it is worded? You can't say someone is generically a bad debtor based on a single debt to you but you could report factually that they haven't paid you for something like six months or whatever the length of time. Once it is factual and provable and there is not contract agreement not to disclose the debtor status then how can the publisher of this information be held liable?

Our man in Havana

Unless they have a court judgement for the alleged debt they would have no business publishing names and other details. A person may have a valid defence and it is up to a court to decide if that person owes the money.

leon76

Points noted. I have judgements against three companies who continue to trade. There is no dispute to any of the debts owing to my business.

thanks for the replies

Tom Young

Use the legal route to enforce/execute the judgments, don't compromise your rights by naming and shaming. There are a few things available which are problematic for company directors etc.

Our man in Havana

A judgement against a limited company is a very serious matter if they continue to trade.
You can bring a winding up petition in the high court, normally the threat of this will make a company pay up.

Tom Young

The Winding Up process has been abused badly over the years and effectively now the Chancery Courts are slower and more thorough in making sure that the creditors/debtors are valid. I personally prefer execution as against goods, discovery in aid of execution (Cross Examination of the Directors before the Court on their accounts), sequestration, appointment of receiver by way of equitable execution ... etc.

Tom

pnisbet

I'm a bit late entering this thread, but I agree that there should be an online opportunity to list the names of bad debtors. i have an Irish company that keeps promising to pay for my ghostwriting servcices, but jas still to do so after 2 months (terms for low prices are are 48 hours from invoice).

The law can do what it wants, but when there is irrefutable proof of this then online marketers should have somewhere to check on the veracity of potential customers before being cheated out of money. To many of us even $50 is a lot of money to lose, and what's the point of going to court for that amount of money? Mine was $120 due to me from an Irish company that develops websites and markets them for their customers and they simply ignore my emails and phone calls.

Peter
http://www.article-services.com

dermot_sheehan

If you have a judgement from any court, you can register it in the High Court for publication.

Stubbs Gazette will then automatically publish the judgement.

pnisbet

True, but what internet marketers need is a URL they quickly check to make sure that new customers are not listed as bad payers or debtors.

It is becoming very common for people to refuse to pay for services provided online that by their nature must be provided prior to payment. There is no quick way to recover payments due of just a few dollars, and I personally have has 129 customers this year accept my services and then ignore the invoice and subsequent emails.

I have since found that several of these are well known, but there is no simple means of dicovering this by listing their names for something eaily provable in court, but for which the expense would simply not be worth it.

Sums involved range from $7 to $120

Pete

nuac

Be very cautious about naming your debtors anywhere anyhow. Huge exposure if there is any mistake.

Our man in Havana

+1

Without a court judgement do not name any debtors anywhere.