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Meaning of "order discharging notice of unenforceability"

  • 16-03-2017 07:14PM
    #1
    SchrodingersCat
    Registered Users, Registered Users 2 Posts: 1,051 ✭✭✭


    Hi!

    I was in the small claim courts where the judgement went in my favor. This meant that the court would enforce the repayment of a sum that the defendant had owed me, which was the deposit on a rented apartment. However, the defendant was now on the dole. They were means tested and found that they could not make the repayment. As such, a Notice of Unenforceability was issued. THis went to court where it could be appealed. I gave evidence that the defendant was subletting the apartment, income that was not disclosed during their means test.

    At the end of the hearing, the court issued a "Order discharging notice of unenforceability".

    I dont know what this means :-(

    I was wondering if someone more knowledgeable could give the meaning to the term?
    Tagged:


Comments

  • #2
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,829 Admin ✭✭✭✭✭hullaballoo


    It means that the Notice of Unenforceability is set aside or voided.


  • #3
    SchrodingersCat
    Registered Users, Registered Users 2 Posts: 1,051 ✭✭✭SchrodingersCat


    hullaballoo wrote: »
    It means that the Notice of Enforceability is set aside or voided.

    Go raibh maith agat for the response, hullabaloo.

    I guess if the notice of enforceability is set aside or voided, it means that I wont be getting my money back.

    That is very disappointing. It seems very unfair that if someone owes you a sum of money, they can go on the dole and legally not ever have to repay it back. :-(

    Anyway, thanks for clearing that up hullabaloo.


  • #4
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,595 ✭✭✭✭CIARAN_BOYLE


    hullaballoo wrote: »
    It means that the Notice of Enforceability is set aside or voided.

    Doesn't it mean that the order of unforceability is set aside.


  • #5
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    hullaballoo wrote: »
    It means that the Notice of Enforceability is set aside or voided.

    I think you mean the notice of unrnforceability is set aside. So the original order to pay can be reserved by the relevant person.


  • #6
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,829 Admin ✭✭✭✭✭hullaballoo


    Sorry, brain fart. I meant to refer to the notice of unenforceability.

    That is a good thing from your perspective.


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  • #7
    SchrodingersCat
    Registered Users, Registered Users 2 Posts: 1,051 ✭✭✭SchrodingersCat


    Thanks folks. Thats good news, I was worried of the latter where they would not have to repay me back. Thanks for all your help!


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