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Unregistered judgement

  • 17-09-2018 8:46am
    #1
    Registered Users, Registered Users 2 Posts: 526 ✭✭✭


    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?


Comments

  • Registered Users, Registered Users 2 Posts: 6,667 ✭✭✭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.


  • Registered Users, Registered Users 2 Posts: 526 ✭✭✭irish_major


    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?


  • Registered Users, Registered Users 2 Posts: 6,667 ✭✭✭Claw Hammer


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

    Yes.


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    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.


  • Registered Users, Registered Users 2 Posts: 526 ✭✭✭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.


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  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    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.


  • Registered Users, Registered Users 2 Posts: 526 ✭✭✭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?


  • Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    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.


  • Registered Users, Registered Users 2 Posts: 40,797 ✭✭✭✭ohnonotgmail


    4ensic15 wrote: »
    Because the court would require newspaper advertising.


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


  • Registered Users, Registered Users 2 Posts: 6,667 ✭✭✭Claw Hammer


    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.


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  • Registered Users, Registered Users 2 Posts: 27,258 ✭✭✭✭Peregrinus


    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.


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