Execution of a 11 year old judgment

pke83

I had a court judgment against me 11 years ago for a credit union loan pre recession.

I have heard nothing from the credit union since the judgment, and presumed that the loan was written off.

Now 11 years later, I received an email with threats of execution of the judgment..

Any advice most welcome..

Hope this is the correct discussion group .

Peregrinus

Generally, if you want to execute a judgment more than six years after you have obtained it, you'll need the permission of the court. More than 12 years, and it's statute-barred.

Quantum Erasure

That thread title nearly gave me a heart attack

cocopoco

Reply back with a written note on envelope

NO LONGER RESIDES IN COUNTRY

then your case will bl closed

Allinall

Or just pay your debts.

That will definitely make it go away.

Kimbot

https://www.boards.ie/discussion/comment/123622967#Comment_123622967

You did read the part that they received an email?? So your suggestion wont work and either way they should pay their debts.

Peregrinus

https://www.boards.ie/discussion/comment/123622967#Comment_123622967

Don't (unless this is actually true). One of the few things that will stop the statutue of limitations clock running is any kind of fraud. Lying to this is fraudulent.

steve-o

https://www.boards.ie/discussion/comment/123623914#Comment_123623914

One of the few things that will stop the statute of limitations clock running is replying to it

Peregrinus

https://www.boards.ie/discussion/comment/123628972#Comment_123628972

Well, that depends on what's in your reply. But, yes, you can't send a damaging reply if you don't send any reply at all, so this is a wise strategy.

Hotblack Desiato

https://www.boards.ie/discussion/comment/123623119#Comment_123623119

Nobody can actually prove that an email was received by the intended recipient. Any pseudo-legal communication sent by email is best ignored. It is extremely unprofessional to use email for such a purpose.

hullaballoo

https://www.boards.ie/discussion/comment/123751492#Comment_123751492

this isn't necessarily true either - for a long time it's been possible to serve court documents and notices by email. it's exceptional in that it requires a court order (either ex ante or ex post) to approve service in this way but it's not a good idea to ignore. i would say that some people now would be more inclined to ignore a paper letter than an email, unless the paper letter is sent by registered post which is that bit harder to ignore.

anyway in relation to the original query, sending an email at this long remove, unless also at the same time attaching a court order for service by email, is probably a hit-and-hope.

Claw Hammer

https://www.boards.ie/discussion/comment/123751492#Comment_123751492

In general if someone can prove correspondence with an email account with replies which indicate something about the owner of the account a court may well accept the email was sent an received. Some debt collectors send innocent emails a few times before sending the demand email from a different email address.

In any case it is not necessary for the creditor to write at all. They can apply to execute the judgement. The o/p can get a visit from the Sherriff, email or no email.

Not paying off a credit union loan is a fraud on the other members who are mostly poor and elderly.

XT1200

Is this Jim Gavin. 😉