Help -Civil Award

jeaniebeanie

Can anyone tell me how a civil award in the circuit court is calculated? If the person who is being sued has nothing and is over the age 23 ( parental responsibility), can the court expect to get blood from a stone?? How does in work? Small instalments over a long period of time?

Bepolite

jeaniebeanie wrote: »

Can anyone tell me how a civil award in the circuit court is calculated? If the person who is being sued has nothing and is over the age 23 ( parental responsibility), can the court expect to get blood from a stone?? How does in work? Small instalments over a long period of time?

Courts don't generally make futile orders. If he genuinely has nothing then an order can't be enforced. There are methods of enforcement such as taking out a mortgage over property he owns.

If the person concerned can't afford a solicitor, try www.flac.ie

jeaniebeanie

Thanks bepolite, this person has no property - lives at home with parents and gets "pocket money". So mortgaging something is not an option as they own nothing. I just don't understand why someone would take someone to court when there is nothing to be got. I know from taking a small claims court case that it reads on the court website that it is futile to take someone to court if the have nothing and can't pay. Mad question but could a judge decide they pay say 10k over 10 years and send them to jail if they don't

Bepolite

jeaniebeanie wrote: »

Thanks bepolite, this person has no property - lives at home with parents and gets "pocket money". So mortgaging something is not an option as they own nothing. I just don't understand why someone would take someone to court when there is nothing to be got. I know from taking a small claims court case that it reads on the court website that it is futile to take someone to court if the have nothing and can't pay. Mad question but could a judge decide they pay say 10k over 10 years and send them to jail if they don't

I don't know the answer to the payments over a period of time, but sending someone to jail requires them to be taking the p!ss frankly. With respect pretty much anyone could afford 10K over 10 years - that works out at less than a score a week and frankly 90% of use could save that on booze, smokes or girls.

If he genuinely can't afford to pay he won't be strung up - I would really not worry about it to any great degree. It has to be a lay litigant taking this as any lawyer is going to tell the client there is no point in suing someone without money. I would have thought costs, even in the circuit court, would have put anyone off suing someone with no hope of payment. The fact that an appeal would go the the High Court is also something that would scare the crap out of me (as the person suing).

Has this person sought civil legal aid or at least contacted FLAC? if not do both as a matter of urgency. Nothing I've said here should be taken as legal advice - just a friendly don't worry so much.

Pro Hoc Vice

jeaniebeanie wrote: »

Thanks bepolite, this person has no property - lives at home with parents and gets "pocket money". So mortgaging something is not an option as they own nothing. I just don't understand why someone would take someone to court when there is nothing to be got. I know from taking a small claims court case that it reads on the court website that it is futile to take someone to court if the have nothing and can't pay. Mad question but could a judge decide they pay say 10k over 10 years and send them to jail if they don't

A person with no means can of course be sued for a civil wrong, the judge should not worry about ability to pay when setting damages or the size of the award.

Enforcement is a different matter and possibly a different judge. Say a guy harms a person and the courts decide the injury is worth 10k plus any costs say a total of 15k. The award will reflect that. Then the person will try and enforce the award, say it goes before the DC for an installment order, the plaintiff will ask for say €400 a month the defendant will show by way of affidavit that he only has €20 left a week the court should order that amount.

If a person does not pay the court must be satisfied that the refusal is not due to mere inability to pay.

In relation to awards where people have no money the courts are giving orders for millions against people with little or no asserts every day.

A person that has an award made against him can always think of bankruptcy or some other insolvency solution. A judgment also lasts a number of years the person may become employed or inherit during that time.

Pat Mustard

jeaniebeanie wrote: »

Thanks bepolite, this person has no property - lives at home with parents and gets "pocket money". So mortgaging something is not an option as they own nothing. I just don't understand why someone would take someone to court when there is nothing to be got. I know from taking a small claims court case that it reads on the court website that it is futile to take someone to court if the have nothing and can't pay. Mad question but could a judge decide they pay say 10k over 10 years and send them to jail if they don't

Taking the example of a €10k judgment against a Debtor, a Creditor could apply for an Instalment Order for X amount per week/month to be paid by the Debtor.

Instalment Orders are made on the basis of the Debtor's means, as set out in a Statement of Means, which he is required to make.

If the Debtor does not pay the instalments as set out in the Instalment Order, the Creditor can apply to Court to have the Debtor imprisoned. At this stage, the Debtor will usually pay over a substantial amount of cash in order to avoid prison.

The relevant District Court procedure is set out here.

Although I think that District Judges had been far more reluctant to make Instalment Orders against unemployed Debtors in the past, in the current economic circumstances, it is not uncommon for such Orders to be made against people whose only income is social welfare.

It seems unusual that a person's only income should be pocket money, unless it's a child, or a person who may not be entitled to social welfare otherwise.

All of that said, I don't see the point of attempting to enforce Judgment against somebody who genuinely has no income or assets.

jeaniebeanie

Thank you all so much, I appreciate all the answers and feedback. As with many young adult children who live at home they are not entitled to any form of social welfare while they live at home. And while they plan their future they seem happy enough to do odd jobs (cut the grass etc) for an allowance/pocket money. I'll contact FLAC in the coming week & read up on the links above. Thanks again.

ezra_pound

jeaniebeanie wrote: »

Can anyone tell me how a civil award in the circuit court is calculated? If the person who is being sued has nothing and is over the age 23 ( parental responsibility), can the court expect to get blood from a stone?? How does in work? Small instalments over a long period of time?

Sometimes the defendant s liability is covered by an insurance policy. The most obvious case is road raffiic accidents but there are other cases where the defendant is covered.