Can someone get a judgement against a person who is a non resident

happyclapper

HI

My husband owes money to a creditor, dont judge but we had to move away and he offered to pay a monthly amount but couldnt afford it and they declined our settlement requests. We are totally broke, still funding 2 morgages here and cannot afford to pay this debt (a business debt- he was a sole trader).

He got a letter , well his family, saying he has 7 days to pay or they will start legal action. With us not living in Ireland, what will happen, can they take our house? Will a warrent be put out for him? What happens?

Peregrinus

Yes, assuming the debt arises out of a contract formed and performed in Ireland, they can launch proceedings in Ireland and if they get a judgment they can enforce them against any assets your husband may havin in Ireland.

They might not do that, however. If you're paying mortgages in Ireland you have property here, but if a creditor chases those properties and has them sold the mortgagee gets paid first (as well as the expenses of sale) and the creditor can only be paid out of whatever - if anything is left. Getting your judgment and then taking your enforcement proceedings is all very time consuming and expensive, and creditors generally don't do it unless they are pretty sure that they will eventually recover at least a reasonable chunk of what is owing to them. If the properties are heavily mortgaged, the creditors may decide that there is not much prospect of being able to recover what is owed to them, and they may not proceed.

There's also the possiblity of getting a judgment in Ireland and then enforcing it elswhere in the EU, but you don't suggest that your husband has any property or income elsewhere that the creditors could chase.