Unregistered judgement

irish_major

1. How would one go about finding an unregistered judgement against a deceased person?
2. What would happen the estate if there was an unregistered judgement against a deceased person?

Claw Hammer

One advertises for creditors. When one advertises asking for any creditors or claimants against the estate to come forward, they either come forward in time or one forgets about them. If they come forward one pays them out of the estate if there is enough money available.

irish_major

Claw Hammer wrote: »

One advertises for creditors. When one advertises asking for any creditors or claimants against the estate to come forward, they either come forward in time or one forgets about them. If they come forward one pays them out of the estate if there is enough money available.

Do you have to advertise for creditors when administering the estate?

Claw Hammer

irish_major wrote: »

Do you have to advertise for creditors when administering the estate?

Yes.

4ensic15

irish_major wrote: »

Do you have to advertise for creditors when administering the estate?

Not alone that, if the per rep distributes the assets of the estate without advertising and a creditor turns up, the per rep could be personally liable to the creditor.

irish_major

4ensic15 wrote: »

Not alone that, if the per rep distributes the assets of the estate without advertising and a creditor turns up, the per rep could be personally liable to the creditor.

Has that ever happened anyone?
Sure advertising these days could be putting a post on social media so I can only imagine that this is such a grey area that the creditor would never attempt to go after the per rep.

4ensic15

irish_major wrote: »

Has that ever happened anyone?
Sure advertising these days could be putting a post on social media so I can only imagine that this is such a grey area that the creditor would never attempt to go after the per rep.

Of course it has. A post on social media is not sufficient. No grey area about it.

irish_major

4ensic15 wrote: »

Of course it has. A post on social media is not sufficient. No grey area about it.

I disagree, you can advertise on social media so how is that any different to advertising in a paper?

4ensic15

irish_major wrote: »

I disagree, you can advertise on social media so how is that any different to advertising in a paper?

Because the court would require newspaper advertising.

ohnonotgmail

4ensic15 wrote: »

Because the court would require newspaper advertising.

Is the concept of "Newspapers of public record" still valid in ireland?

Claw Hammer

irish_major wrote: »

Has that ever happened anyone?
Sure advertising these days could be putting a post on social media so I can only imagine that this is such a grey area that the creditor would never attempt to go after the per rep.

If the per rep knows about the debt and nevertheless distributes the estate there will be liable personally even if they did advertise. It would be utterly stupid for a /mod amendment/ per rep who knows about a debt to distribute the estate at least without a full and proper legal advice from a competent professional with the professional indemnity insurance.

Peregrinus

ohnonotgmail wrote: »

Is the concept of "Newspapers of public record" still valid in ireland?

The usual requirement is an advertisement in a newspaper circulating in the district in which the deceased resided.