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letter from the Sheriff

  • 18-04-2011 5:14pm
    #1
    fixer78
    Closed Accounts Posts: 13 ✭


    I'm a sub contractor and a a few building contractors i was doing work for went in to liquidation owing me round 60k, i owe it on to banks and supplyers iv recived a letter from the Dublin County Sheriff looking for payment of €4,200. would pay it if i had it but i dont.
    im looking for info on the sheriff can he come in and take anything he wants? can he take anything belonging to my other half or children (6). will he do a payment plan?

    I would be greatful for any help.


Comments

  • #2
    daveee
    Closed Accounts Posts: 28 ✭daveee


    Yes they will do a payment plan, im in a similer situation and found them
    very helpfull when contacted.

    Just dont wait for them to come to the door ,I think they charge about 300-400 euro every time they come out.


  • #3
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    fixer78 wrote: »
    I'm a sub contractor and a a few building contractors i was doing work for went in to liquidation owing me round 60k, i owe it on to banks and supplyers iv recived a letter from the Dublin County Sheriff looking for payment of €4,200. would pay it if i had it but i dont.
    im looking for info on the sheriff can he come in and take anything he wants? can he take anything belonging to my other half or children (6). will he do a payment plan?

    I would be greatful for any help.

    Agree with the other poster. Same applies to the Revenue - if you start to talk to them they'll give you some leeway.

    Are you a limited company?


  • #4
    fixer78
    Closed Accounts Posts: 13 ✭fixer78


    BrianD wrote: »
    Agree with the other poster. Same applies to the Revenue - if you start to talk to them they'll give you some leeway.

    Are you a limited company?

    Yes im a LTD company but the sheriffs letter came in my name and the companys name, the company has nothing the van got taken back a few weeks ago just some tools


  • #5
    RachaelVO
    Registered Users, Registered Users 2 Posts: 3,108 ✭✭✭RachaelVO


    CALL THEM!!!!!

    Seriously, they don't will be more understanding than you think. When you do talk to them, ask them to confirm everything to you in writing, write times, dates and names down , and get an email address, and confirm your conversation via email (just to be on the safe side, you do hear some nightmare stories out there).

    Try to keep the same point of contact and build up a rapport with that contact. They really aren't interested in crucifying you. So please, call them first thing and go through all your options.


  • #6
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    If the Ltd company owes the debt and has no money or assets there is nowt the sheriff can do. You personally do not owe the money.


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  • #7
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Our man in Havana wrote: »
    If the Ltd company owes the debt and has no money or assets there is nowt the sheriff can do. You personally do not owe the money.

    Quite often proceedings are issued against the limited company and a director. If the director has not defended the action a judgement can end up being registered against him personally.


  • #8
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    The director is not personally liable for the debts of his company. This sounds like a dubious practice tbh.


  • #9
    littlemac1980
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭littlemac1980


    Well in certain circumstances a director can be liable for the debts of a company. What's more likely though is that some of the debts of the company may be personally guaranteed, or guaranteed against personal assets and not company assets.


  • #10
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Quite possible but that is not clear in this case. In the normal run of the mill case the director is legally separate from the debts of the company.


  • #11
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Our man in Havana wrote: »
    The director is not personally liable for the debts of his company. This sounds like a dubious practice tbh.

    It is dubious but it goes on the whole time. If the director successfully defends he gets his costs from the Plaintiff ( in theory). The trouble is that Directors often do not defend the action against themselves and find that they have a judgement.


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