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The law is an ass!!!

  • 19-03-2013 10:44am
    #1
    Banned (with Prison Access) Posts: 5,172 ✭✭✭


    Im about to go to court tomorrow with a company who i engaged for a two day job almost two years ago. The job still has not been completed and my family are in a state of major inconvenience and out of pocket.
    We are assured that this is an open and shut case...BUT..
    Apparently this company are regularly taken to court, they do not attend, defend or participate in any way, they are found against and then they simple ignore the ruling and do not pay up or make restitution. Apparently it is up to the sherriff in the area to follow this up and the office does not.
    Is this possible?
    It sounds utterly stupid but this is straight from my solicitor.
    Anyone?


Comments

  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    What does your brief say? By that, I mean if you should win, is it worth getting the sheriffs?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    There's a limit to what a sherriff can do. He enforces eviction orders, mainly, but you're not getting an eviction order. He also enforces money judgments by going to the defendant's premises, taking property belonging to the defendant and auctioning it, but as a mechanism for enforcing money judgments this is one of the least satisfactory and least effective. It's entirely possible that a company might not own much property of the type that can be seized, and what can be seized may not be the kind of thing that will fetch much at auction.

    If you have an unsatisfied judgment against a company, the usual favoured enforcement method is to petition to wind up the company. That's usually effective, unless the company is actually insolvent, and the sherriff is not involved.


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