Judgement / Order to pay - enforcement

share_bear

I took a small claims court case against a tradesman who did damage to my house - he is a sole trader, not a limited company.

He refused to deal with the court, and I now have an order to pay signed by the judge - didn't even have to go to court or argue it.

I believe this order to pay will be ignored.

Since he is a sole trader operating from his own private house, how effective is enforcement by the Sherrif/baillifs likely to be? What is the lay of the land, is the county sherriff generally ineffective in Ireland in these sorts of cases? Or is it a bit like those reality tv shows based in the uk?

Thanks for any advice - never had to do this before.

MarkAnthony

They're hit and miss. With companies they're usually effective, how willing they'll be to seize tools etc from a sole trader is an interesting question. Please keep us up to date if you go down that route.

share_bear

MarkAnthony wrote: »

They're hit and miss. With companies they're usually effective, how willing they'll be to seize tools etc from a sole trader is an interesting question. Please keep us up to date if you go down that route.

Why wouldn't they seize (old) vehicle/tools from a sole trader?

It is only in the hundreds range.

Peregrinus

Because the tools of your trade are immune from seizure to enforce judgment debts.

Mr. Incognito

Instruct the sheriff I to enforce it.

ohnonotgmail

share_bear wrote: »

I took a small claims court case against a tradesman who did damage to my house - he is a sole trader, not a limited company.

He refused to deal with the court, and I now have an order to pay signed by the judge - didn't even have to go to court or argue it.

I believe this order to pay will be ignored.

Since he is a sole trader operating from his own private house, how effective is enforcement by the Sherrif/baillifs likely to be? What is the lay of the land, is the county sherriff generally ineffective in Ireland in these sorts of cases? Or is it a bit like those reality tv shows based in the uk?

Thanks for any advice - never had to do this before.

If you mean that "Send in the Sheriffs" then they would have the same problems as the sheriff here. They cant seize the tools of his trade as he needs them to make a living. If he is operating from his home there are no business premises to seize goods or fittings/furniture from. Most tradesmen wouldnt have a lot of stock so probably not much to seize there.

share_bear

ohnonotgmail wrote: »

If you mean that "Send in the Sheriffs" then they would have the same problems as the sheriff here. They cant seize the tools of his trade as he needs them to make a living. If he is operating from his home there are no business premises to seize goods or fittings/furniture from. Most tradesmen wouldnt have a lot of stock so probably not much to seize there.

So is the case that items in his home, which is his business address, are off limits?
Then his vehicle and tools are off limits.

So basically, he is above the law and can rip off anyone?

ohnonotgmail

share_bear wrote: »

So is the case that items in his home, which is his business address, are off limits?
Then his vehicle and tools are off limits.

So basically, he is above the law and can rip off anyone?

well no, his private property is not off-limits. but the sheriff auctions off the items he seizes and personal possessions dont bring much so why bother. his tools are definitely off limits. I'm not sure on the status of his van but if it was bought on HP then it is definitely off limits as the HP company own it not him.

share_bear

ohnonotgmail wrote: »

well no, his private property is not off-limits. but the sheriff auctions off the items he seizes and personal possessions dont bring much so why bother. his tools are definitely off limits. I'm not sure on the status of his van but if it was bought on HP then it is definitely off limits as the HP company own it not him.

Why baother - because the value owed isn't huge, a few items probably would cover it.
Van is only worth couple of grand at most - too old to be on hp really.

ohnonotgmail

share_bear wrote: »

Why baother - because the value owed isn't huge, a few items probably would cover it.
Van is only worth couple of grand at most - too old to be on hp really.

Have you spoken to the sheriff yet? that is really the best thing for you to do.

Fred Swanson

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share_bear

Fred Swanson wrote: »

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Please tell us more...like register a lien against property?

Fred Swanson

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Mr. Incognito

Fred Swanson wrote: »

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For examination to take place a Sheriff will have to have returned “no goods” or “nulla bona” on the execution order or you as creditor will have to swear an affidavit that you believe the Debtor has no goods.

Courtesy of http://businessandlegal.ie/tag/examination-as-to-means

Fred Swanson

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hullaballoo

The point is that it's a necessary step in the procedure.

The office of sheriff is undoubtedly one that arose from a need to keep a rowdy family member suitably occupied during the days of feudalism.

Nonetheless, it's not something that appears to be high on anyone's political agenda to address.

share_bear

Interesting - thanks for the link. Is it feasible to work through the process myself, without a solicitor?

Also, what odds would you lay of the Sherriff being successful - better than 50:50?

aaakev

Where ya based?

share_bear

aaakev wrote: »

Where ya based?

The court / person are both in Louth.