Contracts between Friends

DO'Carlo/Wex

Tricky one and I'll probably be told I haven't a leg to stand on but here goes.

2 now ex friends of mine signed a total of 3 contracts with me for loans given cumulatively.

In one case I discovered a false, fake address was supplied. Does this constitute fraud?

I have attempted to serve them with papers to a permanent address, that of one which has, have been ignored, incl. that of a solicitor.

I have a rented address and a permanent address for both parties.

These contracts weren't signed under duress by either party but now both parties have done a legger, gone to ground so to speak aren't taking my calls regarding same and thumbing their noses at the legal system.

Suggestions as to a remedy other than the use of a debt collector?

They'll claim an inability to pay whereas I know different; I.e. one is working "in the black" so to speak as well as claiming and the other is claiming and working as an artist tax-free for example.

What're my options legally? I'm reluctant to spend, waste any more money on a solicitor whose letters at €50 minimum are being ignored as they thumb their noses at the justice system.

All info appreciated.

johnnyskeleton

DO'Carlo/Wex wrote: »

What're my options legally? I'm reluctant to spend, waste any more money on a solicitor whose letters at €50 minimum are being ignored as they thumb their noses at the justice system.

If i sound callous its not because im an ass (well, not just that at any rate) but because there is no risk free option for you. The three thigs you can do are:
1) hire a professional with the necessary skill to enforce the debt. This can be a debt collector, a PI (if you dont know where they live) and ultimately a solicitor. Casual advice on the internet, even if we could give it out, is no substitute for getting actual fact specific advice from a qualified professional. The downside to this is hat it costs money wih no guaranteenof success.

2) go to a library and look up books on debt collection, the law, court procedure and maybe even on locating persons of unknown addresses. The downside is that this takes time.

3) chalk it up to one of lifes lessons and move on. If the cost/effort of enforcing it outweighs the likely recovery, then its lrobably not worth pursuing and he next time a friend wants a loan youll know what to do.

lawmajaw

Well it would depend on the clauses that contained in the three contracts, which I hope you had drafted by a professional and were witnessed and signed in the proper way(otherwise they are not enforceable)? You should go back to that solicitor who will advise you on how those contracts can now be enforced and what your options are. Aside from safeguards in those contracts, the normal way is to seek to have those contracts enforced through court proceedings, and the papers for this would have t be dealt with by a solicitor/barrister. Depending on how much money we are talking about(????), this may or may not be worth it.

You refer to yourself serving papers - this sounds very unusual - did a barrister draft papers for you? What kind of papers? They would normally be served by registered post and by doing so personally, you are risking criminal charges of harassment. In this regard also, you say that they are not taking your calls and by doing this they are "thumbing their nose at the legal system" - eh ..... you need to remember that you are not the embodiment of the legal system, and again repeated calls could constitute harassment and that behaviour would damage your claim and credibility if it is ever considered by a Judge. Once things go legal, you should not be making any calls at all anymore and your solicitor should be dealing with it. All contact should be in writing so it can be used as evidence and calling is absolutely useless and will only get you harassment charges.

If attempts to serve "papers" by registered post fail, then you would seek a Court order for substituted service by ordinary pre-paid post. There is also the option of a professional summons-server which your solicitor would organise. Why are you serving these papers yourself - all sounds very odd.

Procedurally, solicitor's warning letters must be sent before "papers" are served and those "papers" must first be lodged in the relevant local Court office and stamp duty is paid on them - has all of taht been done? If you are not following the law and the correct procedure to recover debt, then it sounds like you are the one who is "thumbing your nose at the legal system" by deciding yourself how to go about recovering the debt in possibly unlawful ways.

To be honest, sounds like you have been a bit stupid and been pretending to be Matlock. In order to avoid any criminal charges of harassment (which could quite possibly include jail term) and in order to have any chance of recovering the money you seem to have given away under some makey-uppy contract, you need to contact a solicitor and let them deal with it.

lawmajaw

See below from Citizens Information page about debt collection - you are running this risk

Harassment and intimidation

All debt collectors, including private individuals and debt collection agencies, are covered by Section 11 of the Non-Fatal Offences against the Person Act 1997. This provides that a person is guilty of an offence if he/she makes any demand for payment of a debt and if:

The demands are so frequent as to be calculated to subject you or a member of your family to alarm, distress or humiliation, or
The person falsely represents that criminal proceedings lie for non-payment of the debt, or
The person falsely represents that he or she is authorised in some official capacity to enforce payment, or
The person utters a document falsely represented to have an official character
If you are subjected to such behaviour by your creditor or by a debt collection agency, you should report the matter to the Gardaí.