Sheriff Calling

AnnH27

[FONT=Verdana, Helvetica, Arial]I hope you don’t mind me posting here but I’m sick to my stomach with worry & looking for advice. My partner had a company with someone else, they did some work for a client which client wasn’t happy with. The company (Not Limited) went bust but the court case went ahead a year later. It went against them & they owed money which they couldn’t pay. Now the sheriff is going to be calling to our house next week sometime to take goods. The house is both of ours but he has nothing else in his name. I, on the other hand have my car, computer equipment & other stuff worth money. Can the sheriff take these? Could they take tv, fridge, washing machine etc?
Also, someone has told me that they go to every room in the house & go through drawers etc. Is this true?
Apologies again if this has already been covered, but I’m going out of my mind over this.
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Oryx

Mod note: Noone here can give legal advice. Post experiences or sources of help only, thanks.

To be honest, op you are much better off going to an accountant, mabs, or a solicitor about this one.

AnnH27

Thanks for that. I'm not looking for legal advice, more of what the sheriff will do when he gets there.
Apologies, mabey I've posted this in the wrong forum.:(

Oryx

There is a taxation forum, but Im not sure its a good fit either. You could always ask Mr Incognito if you can post your query there.

Overheal

I can definitely think of a couple ways for you to defend your own property (and, his..) but both technically constitute legal advice. If I bothered to mention them I'm sure I would just mislead you or leave out key legal technicalities necessary to pull it off. No substitute for a lawyer, really. Needless to say I think it's definitely possible, but act today and get in contact with a solicitor/lawyer.

Starokan

Horrible situation to be in op, i hope it goes as well as it can for you. Im no expert on this but i would check whether they can enter the premises if your name is on the house but not on the company.

As regards property if you are not part of the outstanding debt i would doubt they can take anything belonging to to you.

What i do know for sure is that the sheriff cannot take anything from you that you would need for essential living. So for example yes a tv in your partners name could go but a cooker could not. You would need to have paper work nearby to ensure that you can prove owenership of something, your word wont be good enough.

I would echo the other poster in saying you should ring someone to get advice, i believe the citizens advice board are pretty good on these situations.

Hope this goes ok for you

blackbird98

hi op, sorry to hear of your troubles. you must seek legal advice immediately. also inform your accountant. The fact that your husband did not have a limited company, in effect, he was a sole trader, puts things in a different perspective altogether.

go to your solicitor straight away

Firetrap

It's not clear if the OP's married or co-habitating - she said partner. Might there be a difference when it comes to possessions? I'm just wondering out loud here. I do think that you need to seek legal advice urgently.

blackbird98

Firetrap wrote: »

It's not clear if the OP's married or co-habitating - she said partner. Might there be a difference when it comes to possessions? I'm just wondering out loud here. I do think that you need to seek legal advice urgently.

you're right, I misread that bit. Her partner should seek legal advice ASAP

leahcim

OP this might interest you.

A while back a sheriff took some property (a BMW) from a property developers house and had to return it next day as it was registered in the developers wifes name. see story here

http://www.independent.ie/national-news/sheriff-forced-to-return-luxury-car-to-nama-developers-wife-2288981.html