Best Legal course...Owed money..

Dazzler88

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?

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.

charlemont

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

Milk & Honey

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

Dazzler88

ResearchWill wrote: »

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.

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:

Dazzler88

Milk & Honey wrote: »

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.

Dazzler88

charlemont wrote: »

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

Thanks that loads of help.

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.

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.

Jo King

senordingdong wrote: »

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.

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.

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.

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.

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

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.

senordingdong

senordingdong wrote: »

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

Jo King

senordingdong wrote: »

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.

Reloc8

senordingdong wrote: »

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.

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.