Sheriff letter to seize my goods

hiho1967

I dont know if this is in teh right section but if not can a mod move for me please.

I owe the tax man 900euro + 300euro in interest and they have now handed the debt over to the sheriff to collect.

As it stands, i dont have no money at all so id like some advice on where i stand concerning my rights and my goods in my home. I dont really have much apart from al the basics tv,cooker,fridge washing machine,beds,sette etc..

Im wanting to know can they break my door down if i dont let them in or can they even enter if im not there and take what they want.

Im going to ring them tomorrow to see if anything can be arranged by paying something "small" weekly but im wondering is this even possible no wthat its in the hands of the sheriff.

Our man in Havana

The Revenue Sheriff is not interested in clothes, old furniture because he won't be able to sell them quickly for cash. In any event they cannot remove the things needed for basic living needs.

Ring him up and make an arrangement. Worst he can say is no.

hiho1967

Our man in Havana wrote: »

The Revenue Sheriff is not interested in clothes, old furniture because he won't be able to sell them quickly for cash. In any event they cannot remove the things needed for basic living needs.

Ring him up and make an arrangement. Worst he can say is no.

Will ring him tomorrow for sure. The reason why i havent paid this is that ive been out of work for 3 years now because i work in construction and there just aint the work there. Im selling my house and was hoping to pay them of when the sale comes through but we all know what the housing market is like here in ireland:mad:

I hope i can put him of till the house sells but i think these sheriffs dont look at these situations. they just go in for the kill where they can

Condatis

From the items listed all that they would be interested in would be the television. Should you have a computer, CD players and the like they could go also. They could also take artwork

Should there be a car registered in your name they could take that – even if it is not at your address.

Yes – they could break in if you are not there and have not responded to their Notices.

In most cases they will take installments. Your best option is to be forthcoming and don't ignore them.

You could always let them have the television and some other things, they will go to auction, that will give you a few weeks breathing space.

hiho1967

Condatis wrote: »

From the items listed all that they would be interested in would be the television. Should you have a computer, CD players and the like they could go also. They could also take artwork

Should there be a car registered in your name they could take that – even if it is not at your address.

Yes – they could break in if you are not there and have not responded to their Notices.

In most cases they will take installments. Your best option is to be forthcoming and don't ignore them.

You could always let them have the television and some other things, they will go to auction, that will give you a few weeks breathing space.

Im not giving them the telly,lol. Id rather give it to charity that give it to the bailiffs even if it did knock some of the price down.

The car is in my womens name but i insure it. would they still be able to take to.

Would they be able to take my tools i need for work ?

hiho1967

Condatis wrote: »

Yes – they could break in if you are not there and have not responded to their Notices.

.

would they do this for such a small amount thou

Our man in Havana

They would not take items like televisions, cd players etc. That is just scaremongering. No sheriff wants the hassle of selling what is basically worthless tat.

The cannot take vehicles if there is finance on them or are not owned.

Our man in Havana

hiho1967 wrote: »

Im not giving them the telly,lol. Id rather give it to charity that give it to the bailiffs even if it did knock some of the price down.

The car is in my womens name but i insure it. would they still be able to take to.

Would they be able to take my tools i need for work ?

Don't worry about the TV. He won't be interested.

Car is safe. Just shove the logbook in his face.

They cannot take tools needed for a trade.

hiho1967

Our man in Havana wrote: »

Don't worry about the TV. He won't be interested.

Car is safe. Just shove the logbook in his face.

They cannot take tools needed for a trade.

Good, then i dont have anything they can take. what if i empty my house of most things i need and move into my parents house a few hundred meters away. Would they be able to break in there to get goods. Im not trying to be a nuisance to the goverment, its just i wouldnt want them to take anything i have. Im going to pay the money, its just i dont have it at the moment,

Our man in Havana

The warrant would only be valid for your present address.

Condatis

Our man in Havana wrote: »

They would not take items like televisions, cd players etc. That is just scaremongering. No sheriff wants the hassle of selling what is basically worthless tat.

The cannot take vehicles if there is finance on them or are not owned.

The Dublin City Sheriff regularly auctions seized items in Rathmines. Items include televisions, computers and musical instruments.

kippy

hiho1967 wrote: »

Good, then i dont have anything they can take. what if i empty my house of most things i need and move into my parents house a few hundred meters away. Would they be able to break in there to get goods. Im not trying to be a nuisance to the goverment, its just i wouldnt want them to take anything i have. Im going to pay the money, its just i dont have it at the moment,

Would it not be more straightforward to ask your parents for a short term loan to get out of this predicament? This is a relatively small amount of money.

Dicky Pride

Talk to the sheriff. Most of them are decent people. He'll just go back to them with a non goods order - basically meaning that you don't have anything of value. Tell them you will try to make a monthly payment, and that will be that.

hiho1967

kippy wrote: »

Would it not be more straightforward to ask your parents for a short term loan to get out of this predicament? This is a relatively small amount of money.

My parents are struggling just like the rest of us. I wouldnt even ask them because i know they dont have it

Indricotherium

Condatis wrote: »

The Dublin City Sheriff regularly auctions seized items in Rathmines. Items include televisions, computers and musical instruments.

OMG!? Link?

professore

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

I also got one of these letters a few months back, was a missed VAT payment due to a certain bank who had IT problems, have never missed a payment for tax and VAT all my life, and that's the thanks you get.

Sickening. Those people who haven't paid their property tax don't realise what's round the corner once the Revenue get involved !!!!

kippy

hiho1967 wrote: »

My parents are struggling just like the rest of us. I wouldnt even ask them because i know they dont have it

Why don't you sell what you intend on putting over to their place then? Or take out a small short term loan on the strength of your property.

hiho1967

kippy wrote: »

Why don't you sell what you intend on putting over to their place then? Or take out a small short term loan on the strength of your property.

The'y are worth more to me than what id get if i sold them, they arent even worth much anyway so i dont see the point in selling them. As for getting a loan, im in debt to the banks for the sum of 25k and im unable to pay this also. They are in the process of attaching a judgement mortgage to my property so theres noone who will touch me for a loan. Really sad times im in at the moment and id say im borderline on depression.

hiho1967

professore wrote: »

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

I also got one of these letters a few months back, was a missed VAT payment due to a certain bank who had IT problems, have never missed a payment for tax and VAT all my life, and that's the thanks you get.

Sickening. Those people who haven't paid their property tax don't realise what's round the corner once the Revenue get involved !!!!

Bad times and im even ashamed to be irish. this goverment doesnt give a F*** about any of us. all they want is to drive every last one of us into the ground while taking all they can.

Briando

hiho1967 wrote: »

this goverment doesnt give a F*** about any of us. all they want is to drive every last one of us into the ground while taking all they can.

Ahaahhahahhaah. AAhahhahahahahahhahahahahahhahahahahahhahahah.

Yup they are out to get us!

ASOT

Briando wrote: »

Ahaahhahahhaah. AAhahhahahahahahhahahahahahhahahahahahhahahah.

Yup they are out to get us!

Now Now Brian Cowen calm down there.

Pat Mustard

MABS oftens deals with creditors on behalf of debtors such as yourself, OP.

You could give them a call to see if they will deal with the sheriff on your behalf. http://www.mabs.ie/about-mabs/

Predalien

professore wrote: »

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

I also got one of these letters a few months back, was a missed VAT payment due to a certain bank who had IT problems, have never missed a payment for tax and VAT all my life, and that's the thanks you get.

Sickening. Those people who haven't paid their property tax don't realise what's round the corner once the Revenue get involved !!!!

It's a strange one, they'll negotiate and write off where the money owed is huge but lack flexibility when it's small amounts and can be fairly threatening. Whole system of sheriff seizing stuff needs an overhaul anyway, designed for a different time.

Victor

professore wrote: »

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

What makes you think this?

He can't even afford a tie.

ScouseMouse

This is a nasty scenerio, and I feel for the OP, but back to one of the main questions.

What power does the sheriff have?

Can he literally kick in your front door?

Can he grab anything he wants?

jsd1004

superscouse wrote: »

This is a nasty scenerio, and I feel for the OP, but back to one of the main questions.

What power does the sheriff have?

Can he literally kick in your front door?

Can he grab anything he wants?

The sheriff operates a business too. He works on commision and a small % too. He has no interest chasing televisions and clothes. Not worth his while. He has to seize them, sell them and then only gets a few per cent. It is logical he will go for people who obviously have something to seize.

dats_right

professore wrote: »

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

The Revenue pursued Wallace re his tax evasion and reached a settlement with him. Wallace is also paying a portion of his TDs salary to the Revenue.

However, in this case, unlike the Wallace case, the OP does not appear to have made any effort to pay their outstanding tax bill. He states that he can pay his girlfriend's car insurance but cannot pay his own taxes. The OP is the same as everybody else must pay their taxes or face the consequences. The Revenue does not operate as a bank of last resort.

Pat Mustard

dats_right wrote: »

The OP is the same as everybody else must pay their taxes or face the consequences.

He mentioned that he intends to come to an arrangement with the Revenue Commissioners.

hiho1967 wrote: »

Im going to ring them tomorrow to see if anything can be arranged by paying something "small" weekly but im wondering is this even possible now that its in the hands of the sheriff.

dats_right wrote: »

The Revenue does not operate as a bank of last resort.

The Revenue can join the queue and wait to get paid eventually.

Our man in Havana

The Revenue can join the queue with the rest of his creditors.

They do try to jump the queue by dispensing with due process.

Pat Mustard

Our man in Havana wrote: »

They do try to jump the queue by dispensing with due process.

How so?

Our man in Havana

They don't need to go near the courts to get the sheriff out.

hiho1967

dats_right wrote: »

The Revenue pursued Wallace re his tax evasion and reached a settlement with him. Wallace is also paying a portion of his TDs salary to the Revenue.

However, in this case, unlike the Wallace case, the OP does not appear to have made any effort to pay their outstanding tax bill. He states that he can pay his girlfriend's car insurance but cannot pay his own taxes. The OP is the same as everybody else must pay their taxes or face the consequences. The Revenue does not operate as a bank of last resort.

I use the car myself, this is why i pay the insurance on it. My girlfriend has seen how bad times are for me so lent me her car. I just cant do without a car, i live in the countryside and we all know what public transport is like in ireland so this has to get paid.

Im all for paying my taxes and but just dont have the money. All i can see to happen is that this bill keeps on getting bigger with the sheriff calling out and puting more fee's onto it. Even if they do take the TV, he wont get much for it as TV's are really cheap and i cant see him getting over 100euro for it. That'll just cover the call out fee for the sheriff to my house. All i can do is wait untill my house eventually sells or they will have to accept 5 or 10euro a week out of my dole untill im in employment again or till my house sells. Theres nothing i can do.

Pat Mustard

Our man in Havana wrote: »

They don't need to go near the courts to get the sheriff out.

True, but that's the law, I suppose.

Also, the Revenue can be inflexible with people before they send matters to the sheriff in the first place. I don't think that helps anyone, especially when dealing with debtors who have found themselves overindebted and insolvent, mainly due to economic circumstances.

ScouseMouse

So, what powers does the sheriff have? does anyone know?

Can they kick your door in and seize valuables?

Can they manhandle you out of your car, and drive off in it?

What can they do?

hiho1967

superscouse wrote: »

So, what powers does the sheriff have? does anyone know?

Can they kick your door in and seize valuables?

Can they manhandle you out of your car, and drive off in it?

What can they do?

This is what i want to know. Where do i stand really in my own situation. If all i have is a house and tv and the basic things i need in a house then where do i stand really. If they do come and take my tv, then where do i stand after this. Will they keep calling out even thou they wont be getting anything from me.

Ive had about 4 hours sleep last night because i just couldnt sleep. All i was doing was trying to think of ways i can pay these debts but i jut cant seem to find away. Ive been out all morning with no breakfast in me looking work and im now exhausted and drained.

I cant even phone the sheriff untill i get my dole and buy some credits on friday so it'll have to wait untill then.I hope the sheriff doesnt come knocking at the door before then :mad:

Ken.

http://www.citizensinformation.ie/en/money_and_tax/personal_finance/debt/enforcement_of_judgments.html

Sheriffs and County Registrars

Sheriffs enforce judgments in counties Cork and Dublin while County Registrars enforce them in all other places.
Sheriffs are self-employed people who are paid for their enforcement work on a commission basis. The system is called 'poundage'. The fees which they get are set out in statutory instruments. The current one is Sheriff’s Fees and Expenses Order (SI 644/2005) made under the Enforcement of Court Orders Act 1926. This provides for various fixed fees and a scale of fees related to the amount involved. This is 5% of the first €5,500 and 2.5% of the balance. It also provides for the payment of various expenses incurred in the enforcement process.
County Registrars are civil servants whose main job is to organise the business of the Circuit Court in their areas. (They are also Returning Officers for elections and referendums.)
As well as County Sheriffs in Cork and Dublin there are Revenue Sheriffs who enforce debts owed to the Revenue Commissioners. They have the power to collect tax debts. They can do this on the basis of a certificate of liability issued by the Collector General (the official in the Revenue Commissioners who is responsible for collecting taxes) and do not need a court order. Revenue debts can also be collected in the normal way if there is a court order.
Seizing your goods

The Sheriff or the County Registrar does not have to give notice of intention to seize your property or goods in order to execute a judgment. The Sheriffs'/County Registrars' duty is to the creditor so they cannot take your circumstances into account. Revenue Sheriffs have specific powers to make an instalment arrangement with you.
The creditor may apply to court to have you examined about your assets so that it can be established what assets you have that are available for the execution of the judgment. Sheriffs/County Registrars have the power to go onto your property in order to seize your goods. They must make reasonable efforts to do this peaceably and without violence but they may make a forced entry.
The law provides that Sheriffs/County Registrars may not seize certain goods but this is effectively meaningless because of the amounts allowed. They may not seize your necessary clothes and bedding and the tools of your trade provided the value of such necessities is not more than £15 (€19). In practice, goods with a low resale value are unlikely to be seized.
The Sheriffs/County Registrars must account to the court for the goods seized. If no goods are found, they make a return of 'nulla bona', literally meaning no goods.
If Sheriffs/County Registrars do seize your goods, they must, within 24 hours, give you an itemised and signed list of the goods seized. They may then sell the goods by public auction – this can happen at any time from two days after the seizures. In practice, you are usually given warning of the impending sale.

slimjimmc

superscouse wrote: »

So, what powers does the sheriff have? does anyone know?

Can they kick your door in and seize valuables?

Can they manhandle you out of your car, and drive off in it?

What can they do?

Not 100% sure if the Enforcement of Court Orders 1926 is still in force (think it is) but it might answer your questions.

The Sheriff (under-sheriff?) seems to have power of entry (Sect 12) if peaceful means fail. He doesn't have powers of arrest, however it's an arrestable offence to impede the "under-sheriff" (Sect 24), so possibly a Garda could man-handle you out of the car.

anncoates

Indricotherium wrote: »

OMG!? Link?

Your depth of compassion is boundless.

Pat Mustard

anncoates wrote: »

Your depth of compassion is boundless.

I don't wish to speak ill of anyone, but I suspect that man may be a lawyer.

In case that explanation helps.

martingriff

professore wrote: »

Slightly off topic, but isn't it a disgrace that they go after people like this for such small amounts, but the likes of Mick Wallace can owe over €1 million in VAT and they do nothing?

I also got one of these letters a few months back, was a missed VAT payment due to a certain bank who had IT problems, have never missed a payment for tax and VAT all my life, and that's the thanks you get.

Sickening. Those people who haven't paid their property tax don't realise what's round the corner once the Revenue get involved !!!!

I agree with you here but at what amount should they start. OP as people have said go to sheriff. Propably done this by the time of this message.

By the way I know I am been pedantic here but Mick Wallace does not owe 1 million its his company wich is a limited company. Under limited liability the revenue can'yt go against a director for the money.:mad::mad:

MagicSean

Isn't it a stipulation of car insurance that you own the car you are insuring?

martingriff

The Mustard wrote: »

True, but that's the law, I suppose.

Also, the Revenue can be inflexible with people before they send matters to the sheriff in the first place. I don't think that helps anyone, especially when dealing with debtors who have found themselves overindebted and insolvent, mainly due to economic circumstances.

Not dealing with the OP but the Revenue is there to collect money owed to the state. If people chose to ignore the revenue or do not do a payment plan which they should stick to (Did the OP actally do the talk with revenue before the sheriff was involved I wonder).

They do send out final demands before the sheriff

Our man in Havana

MagicSean wrote: »

Isn't it a stipulation of car insurance that you own the car you are insuring?

Nope.

The OP pays the insurance, he never said it was in his name.

jimini0

hi everyone.
i have recently been in contact with the revenue about a tax bill i was struggling to pay 4235 euro. i was self employed but now on the dole. i wanted to start paying it back in installments so i was talking to the woman on the phone she wanted dole slips, bank statements and list of expences. i told her i have dole slips and expences(rent, phone,insurance etc) will be on bank statements which takes weeks to get. so she said send them in when you get bank statements so i waited for them to arrive in post. then 3 weeks later i got a letter from the sheriff. the revenue didnt bother contact me to see if i got the paperwork just decided to get the sheriff. looking to seize goods to the value of 6500. (2500 in interest,penalties and sheriff bill) i dont have anything that would come close to the value. i have a car worth about 600. my wife works but only on 9 month contract covering maternity leave which runs out in march then both of us will be unemployed. we have a 1 year old son so we are struggling. the sheriff wants the bill payed in less than 2 yeas

Our man in Havana

What the sheriff wants and what he is going to get a 2 entirely different things.

He is not interested in some old banger of a car. All they can do is seek an instalment order and with 2 of you unemployed no judge will entertain them.

jimini0

an accountant friend told be to declare bankruptcy but the thing is i want to pay the bill but cant possibly pay it back within 2 years.
my marraige is on the line cos wife is not very happy with me for letting it get this far. so has moved out.

Our man in Havana

Holy mother of God.

She mustn't think much of you so.

jimini0

i dont blame her. its only temporary she just needs a day or 2 to get her head around things but with money troubles comes family troubles. we will sort that out.
but for the money owed i dont know what to do.

Our man in Havana

The absolute worst that can happen is that a judge orders you to pay them at €10 a week.
Hardly the end of the world.

jimini0

thanks for info one man.
but when and how does the judge decide? does it mean i have to go to court

shamrock55

why bulls**t the man is looking to sell his house