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Best Legal course...Owed money..

  • 18-10-2011 7:02pm
    #1
    Registered Users, Registered Users 2 Posts: 514 ✭✭✭


    I'm looking for some legal advice here.

    I done work for a farmer for two years on and off,between 2009/2010.Mainly fencing work and sheared his sheep.

    I kept billing him but kept getting the same answer,that he was waiting for farm cheque's to come from the department.When the work was finished I was owed €10,000.

    Now here comes the tricky bit,the farmer passed away 3 months ago.He now owes around €50,000 between bills for feeding stuff,money to contractors for mowing rushes,basically owes to every tom,dick and harry.

    Now his sisters have refused to pay any money saying that they know nothing about his dealings or who he owed money to.Unfortunately I have no invoice to say I done the work.

    The sisters have sold his livestock,which in total made €56,000 but still won't pay.

    Can I take this to the small claims court,or what is the best course of action?


Comments

  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Dazzler88 wrote: »
    I'm looking for some legal advice here.

    I done work for a farmer for two years on and off,between 2009/2010.Mainly fencing work and sheared his sheep.

    I kept billing him but kept getting the same answer,that he was waiting for farm cheque's to come from the department.When the work was finished I was owed €10,000.

    Now here comes the tricky bit,the farmer passed away 3 months ago.He now owes around €50,000 between bills for feeding stuff,money to contractors for mowing rushes,basically owes to every tom,dick and harry.

    Now his sisters have refused to pay any money saying that they know nothing about his dealings or who he owed money to.Unfortunately I have no invoice to say I done the work.

    The sisters have sold his livestock,which in total made €56,000 but still won't pay.

    Can I take this to the small claims court,or what is the best course of action?

    Go to a solicitor, small claims court for 50k no this matter is high court you will have to issue proceedings against the estate. Go to a solicitor pronto.


  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Viper Debt Recovery and Repossession Service, Ask for Martin..


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


    You say you kept billing him. Where are your copies of the bills?


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Dazzler88


    Go to a solicitor, small claims court for 50k no this matter is high court you will have to issue proceedings against the estate. Go to a solicitor pronto.
    Im owed €10,000 not €50,000.Thought the small court might be able to help me.


  • Registered Users, Registered Users 2 Posts: 1,358 ✭✭✭Geekness1234


    50 to slash the tyres,100 to bash head in with brick.Meet me by the spire with the cash.:pac::pac::pac::pac:


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  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Dazzler88


    You say you kept billing him. Where are your copies of the bills?
    Sorry probably should have worded it a little bit better.I kept asking him for what I was owed but have nothing on paper.That what I'm most worried about.


  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Dazzler88


    charlemont wrote: »
    Viper Debt Recovery and Repossession Service, Ask for Martin..

    Thanks that loads of help.


  • Posts: 0 [Deleted User]


    Don't seek legal advice on a message board, it's unreliable.

    Your claim would meet the Circuit Court jurisdiction not the Small Claims Court.

    Speak to a solicitor.


  • Registered Users, Registered Users 2 Posts: 10,673 ✭✭✭✭senordingdong


    If you have nothing on paper then I don't think you have a leg to stand on and I doubt any court or solicitor will tell you other wise.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    If you have nothing on paper then I don't think you have a leg to stand on and I doubt any court or solicitor will tell you other wise.

    There are a number of possibilities in this situation. Not having proper paperwork is no help but it is sometimes possible to work around it.


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  • Registered Users, Registered Users 2 Posts: 514 ✭✭✭Dazzler88


    Jo King wrote: »
    There are a number of possibilities in this situation. Not having proper paperwork is no help but it is sometimes possible to work around it.
    I have tried the normal approach of going to talk with the sisters but they refuse to speak to anyone.I know legally it will not great on my behalf with no paperwork but everyone in the area knows I did the work and never got paid,this guy has left a lot of people out of pocket.


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Dazzler88 wrote: »
    I have tried the normal approach of going to talk with the sisters but they refuse to speak to anyone.I know legally it will not great on my behalf with no paperwork but everyone in the area knows I did the work and never got paid,this guy has left a lot of people out of pocket.

    You need a solicitor. You also need an accountant or bookkeeper who can put some paperwork together for you.


  • Registered Users, Registered Users 2 Posts: 10,673 ✭✭✭✭senordingdong


    Jo King wrote: »
    There are a number of possibilities in this situation. Not having proper paperwork is no help but it is sometimes possible to work around it.

    Not being smart but give me an example of what he could do.


  • Registered Users, Registered Users 2 Posts: 2,051 ✭✭✭keysersoze0330


    Solicitor, but what sort of operation were you running that let it get so out of hand and without ANY documentation to prove your work:confused:

    Unfortunately this will be a costly lesson OP, legal route will cost you with a very slim chance of a result, but good luck anyway.


  • Posts: 0 [Deleted User]


    Not being smart but give me an example of what he could do.

    Performance can be evidence of a contract. It doesn't need to be evidenced in writing.

    Proving the actual quantum agreed would be the trickiest element.

    Also don't be afraid to be smart. Always a good thing :D


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Not being smart but give me an example of what he could do.

    Not being smart, but you are aware of the charter. I am not getting into the giving of legal advice.
    You have commented in a manner which is dangerous and followed up with a sceptical comment. I am not engaging with it.


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


    If you have nothing on paper then I don't think you have a leg to stand on and I doubt any court or solicitor will tell you other wise.

    Completely wrong. You can't throw out that sort of general statement by way of advice with the information presented here. The OP needs to get off the internet and go to a lawyer for legal advice.

    By way of general comment the sort of claim envisaged is not in the least bit uncommon in our legal system.


  • Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    OP see a solicitor rapidly.

    There are some technical convolutions involved in suing the estate of a deceased person especially where the estate wants to frustrate and impede you. A solicitor can deal with these matters.

    Also, I think that there is a shorter time limit than normal for suing the estate of a deceased person.

    Finally, get a move on with this matter to avoid a situation whereby the assets of the estate are distributed and a judgment cannot be satisfied as there are no funds left.

    If you had been quick and got a decree you might even have been able to garnishee the damages from money due to the deceased's estate.


This discussion has been closed.
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