Can a case be taken against me if I no longer live in Ireland

solarplexus

I received an email from a creditor who I owe money to from a business I had that closed 2 years ago. I no longer live in ireland and informed the contact of that.
Can they still issue proceedings against me when they know I no longer live in the Jurisdiction

seamus

Short answer: yes. Especially if you're still in the EU, you can be chased across the jurisdictions for your debt.

If you're outside the EU you can't really be chased, but if you're found to be in breach of a court order requiring you to pay the debt, you can be arrested if you ever return to Ireland.

Your best course of action is to engage an Irish solicitor to find out fully what your options are and what the possible ramifications are.

migu

Not true you cannot be pursued for a debt as it is considered a civil matter not a criminal matter. I was told this by a barrister. The line that you will be arrested upon your return to the country is just scaremongering to make you tow the line like a good little slave, sleep easy you have nothing to fear

kkelliher

if you have any assets in Ireland they could be used for payment of the debt

GullibleOne

migu wrote: »

Not true you cannot be pursued for a debt as it is considered a civil matter not a criminal matter. I was told this by a barrister. The line that you will be arrested upon your return to the country is just scaremongering to make you tow the line like a good little slave, sleep easy you have nothing to fear

who owes money

solarplexus

GullibleOne wrote: »

who owes money

I do personally, Its 4k

Pat Mustard

migu wrote: »

Not true you cannot be pursued for a debt as it is considered a civil matter not a criminal matter. I was told this by a barrister. The line that you will be arrested upon your return to the country is just scaremongering to make you tow the line like a good little slave, sleep easy you have nothing to fear

A fella once told me that I was sitting on his barstool.

He couldn't back that up either.

Our man in Havana

For 4 grand they are not going to chase you far beyond this country. It is not cost effective.

Arrest on return to Ireland? Ah get real folks. Do you think the Gardaí have nothing better to be doing? There is no list of debtors maintained at our ports of entry.

Pat Mustard

Our man in Havana wrote: »

For 4 grand they are not going to chase you far beyond this country. It is not cost effective.

Arrest on return to Ireland? Ah get real folks. Do you think the Gardaí have nothing better to be doing? There is no list of debtors maintained at our ports of entry.

Agreed, but Migu stated that proceedings for a debt cannot be issued against a debtor who is out of the jurisdiction because it is a civil matter.

I'd like to see the law that states that.

I'd like to know what barrister said that. I have my suspicions.

Our man in Havana

If the creditor knows full well the debtor is outside the jurisdiction they will have problems with service of documents. They would need to know where the debtor is.

Strawberry Fields

migu wrote: »

Not true you cannot be pursued for a debt as it is considered a civil matter not a criminal matter. I was told this by a barrister. The line that you will be arrested upon your return to the country is just scaremongering to make you tow the line like a good little slave, sleep easy you have nothing to fear

True, extra territorial mareva injunction or brusells 1 which can be enforced by the court where you are. Depends what country you are in.
Also if the creditor knows you're back in Ireland Bayer injunction can stop you leaving again. Both civil remedies.
Would need judgement against you first.
Likelihood? Slim.

Our man in Havana

Unless you are a Quinn owing millions no one is going to bother with such expensive legal remedies.

ResearchWill

godeas16 wrote: »

True, extra territorial mareva injunction or brusells 1 which can be enforced by the court where you are. Depends what country you are in.
Also if the creditor knows you're back in Ireland Bayer injunction can stop you leaving again. Both civil remedies.
Would need judgement against you first.
Likelihood? Slim.

I very much doubt if a Bayer injunction would be granted for a 4k debt, maybe in the quinn's case but the threshold to get such an injunction would be almost impossibly high considering our constitution and the free movement in the EU treaty.

Tom Young

This can be done. End of Story.

"A Barrister told me so" - Is like suggesting that the cat ate my homework.