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Stale or expired debt.

  • 01-05-2011 5:38pm
    #1
    jiggerypokery
    Closed Accounts Posts: 53 ✭✭


    Hi, a friend of mine has received a summons because of unpaid bill for services. The services were provided by a relation of my mate who said she would look after him when asked about fee. When he received the bill it was quite high and efforts to reduce it were fruitless. The bill was received in august 04, the summons was received in april 11. This is more than the 6 years statute of limitations. Does anyone have any thoughts on this. Thanks


Comments

  • #2
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Depends.

    Generally six year period applies.

    A contract under seal (unlikely here) attracts a longer period.

    An acknowledgment of debt restarts the clock.

    Your friend needs legal advice from a qualified person who has seen the summons and taken full instructions on how the debt arose. The issue of the summons tends to indicate that somebody reckons the debt is not statute barred - they may or may not be correct.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    If there has been no contact or payments made in the period between August 2004 and April 2011 they are out of luck.

    Do not contact the people involved and have a solicitor deal with it.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    jiggerypokery wrote: »
    efforts to reduce it were fruitless.
    Thanks

    What form did the efforts to reduce it take and when did they end?


  • #5
    jiggerypokery
    Closed Accounts Posts: 53 ✭✭jiggerypokery


    Thanks for the replies, three letters were sent looking for money, each of these got a reply in the form of a phone call. The last being a year or two ago.


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


    They are well within time still as the six year clock is reset with each contact.


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  • #7
    bath handle
    Banned (with Prison Access) Posts: 370 ✭✭bath handle


    No it is not. There has to be an acknowledgment.


  • #8
    jiggerypokery
    Closed Accounts Posts: 53 ✭✭jiggerypokery


    Reloc8 wrote: »

    An acknowledgment of debt restarts the clock

    What form must an acknowledgement take, written or oral?


  • #9
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Either would be enough.

    The burden would be on the claimant to prove there was an acknowledgement.


  • #10
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    bath handle wrote: »
    No it is not. There has to be an acknowledgment.

    I think you'll find the law on this under ss. 56 and 65 of the 1957 Statute of Limitations Act: http://www.irishstatutebook.ie/1957/en/act/pub/0006/index.html


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