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Does the Statute of Limitations apply to monies owed to a county council?

  • 16-08-2013 9:20am
    #1
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭


    This post has been deleted.


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    They do


  • #3
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    They do but if I recall correctly there are different periods. Possibly 30 years for councils, revenue etc.


  • #4
    camphor
    Banned (with Prison Access) Posts: 202 ✭✭camphor


    valleyoftheunos wrote: »
    They do but if I recall correctly there are different periods. Possibly 30 years for councils, revenue etc.

    30 years is for adverse possession. No difference for money owed although the caue of action may not be in concrete.


  • #5
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    camphor wrote: »
    30 years is for adverse possession. No difference for money owed although the caue of action may not be in concrete.

    Fair enough, would be worth checking, Money owed to the council may not necessarily come about by a breach of contract so could fit into one of the special cases.


  • #6
    littlemac1980
    Registered Users, Registered Users 2 Posts: 1,073 ✭✭✭littlemac1980


    Fred Swanson wrote: »
    This post has been deleted.

    Yes they do, though I can't think of a situation that would be relevant to the 1991 Act, and also involve owing money to the Council. But its Friday evening - I haven't reviewed the act fully and haven't thought about it too much.

    As far as I am aware most of the pieces of legislation which enable a Council to recover money or enable them to impose charges often refer to such as being mainly recoverable as a "simple contract debt" - that brings them under the scope of the relevant sections of the limitation acts.

    Of course you'd have to check the relevant legislation for the particular charge/fee etc that you are wondering about, and there is no way to be sure of the situation without finding where the charge arises, and how it is to be dealt with in the case of a default etc.

    The situation is always further complicated by the possibility of their being contracts under seal and/or acknowledgments within the limitation period.

    Also worth remembering - particularly with such debts - it is often very difficult to determine exactly when the charge/debt accrued.


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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