Dublin county sheriff repossessing my stuff

Stevee

Has anyone any experience dealing with the Dublin county sheriff. He called round yesterday while I was out, He left a letter stating that he was aloud to use force to gain access to my apartment to take charge of my personnel belongings. I'm worried that he might try and take some of my flat mates stuff as well. Does anyone know how long they actually wait before braking down my door, and if he takes my flatmates stuff. Will my flatmate need receipts to prove the stuff belongs to him

Selik

More info please!

And are we talking about Ireland here because I didn't know County Sheriffs existed in Ireland...

Esel

This looks like a situation where you need to conslt a solicitor, pronto. Do you have a separate room? Maybe you could restrict the seizure to stuff in there?
Seriously, lawyer up.

Victor

Do you owe money?

Is there a court order against you? If not I don't think anything can be enforced.

Can you offer the sherriff anything?

Lawyer up. If necessary go to www.flac.ie and explain what stage you are at.

Free Legal Advice Centres
13, Lower Dorset Street
Dublin 1

Tel: (01) 874 5690
Fax: (01) 874 5320
E-mail: info@flac.ie

---

The county sheriff (usually the same person as the county registrar and the electoral returning officer) is a state officer with the right/duty to enforce court orders.

Brief reference here http://www.oasis.gov.ie/justice/small_claims_court/small_claims_court_court_appearance.html?search=sheriff

LundiMardi

just put all the gear you don't want taken in a room mates room, he can't touch their ****...

also, wtf is a county ''sheriff''?

Stevee

iTS Ireland alright. Dublin County Sheriff. It's actually my flatmate he's looking for. There is courth Injunction and yes he does owe money. The property is to be sold to repay it. I' am worried that they might take my stuff as well. My flatmate has no intention of letting the Sheriff in. I have no receipts or anything like that to prove the stuff is mine.

Victor

Mark everything that is yours as yours, label it or invest in a permanent marker. Put everything that is yours in your room. Invest in a small padlock to keep your flatmate out.

Contact the sheriff and explain its "not me".

---

A sheriff can enter forceably and can get the garda to assist.

List of sheriffs http://www.revenue.ie/pdf/sheriff.pdf

dahamsta

And make sure you're not taken advantage of by an asshole like LundiMardi.

Stevee

Will one of us need to be present before he enters. Does anyone know how soon after issusing the letter he can enter the apartment. Is it office hours etc etc

seamus

Stevee wrote:

I have no receipts or anything like that to prove the stuff is mine.

You don't need them. You just say "this is mine" and he can't take it. Probably best to move your more expensive stuff into your own room.

Victor

I understand he can enter now, or anytime he wants, by himself or with his agents, you / flat mate need not be present. In practice, it will be office hours for small stuff.

Have you phoned solicitor? FLAC?

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dahamsta, no insults please.

Sleepy

I think it'd be very advisable for ye to be in the flat when he calls so you can explain what is yours, what's your flatmates and discuss the monetary value he's placing on the items he's repossessing. Haggling wih him could be worth a few hundred euros to you.

LundiMardi

dahamsta wrote:

And make sure you're not taken advantage of by an asshole like LundiMardi.

wtf are you talking about?

Stevee

Its in the region of E4000 he owe's. He hasn't a hope in hell of covering this with his property. Will he take clothes,games, dvds, etc

Gazza22

Maybe this will help...

http://www.liquidations.ie/sheriff.htm

LundiMardi

Stevee wrote:

Its in the region of E4000 he owe's. He hasn't a hope in hell of covering this with his property. Will he take clothes,games, dvds, etc

he can't take anything that's yours if you don't owe the money, any dvds, games that are yours, take them and put them in your room.

Stevee

LundiMardi wrote:

he can't take anything that's yours if you don't owe the money, any dvds, games that are yours, take them and put them in your room.

Will the sheriff not require proof that the stuff is mine

Victor

Stevee wrote:

Its in the region of E4000 he owe's. He hasn't a hope in hell of covering this with his property. Will he take clothes,games, dvds, etc

There are two arguments (1) he may only take things that have realiseable value - his clothes don't fall in this bracket. (2) he may take things that make him pay up - things that impinge on his lifestyle.

Gordon

dahamsta wrote:

And make sure you're not taken advantage of by an asshole like LundiMardi.

?
banned

solice

If its yours all you have to do is say that its yours and he cannot touch it. Receipts wouldnt be necessary for items like lamps, radios and toasters. But i would advise that if you have a computer/fridge/television/furniture that is quiet expensive to get the receipts for them. You should keep those receipts anyway in case of breakdown and warranty and stuff like that. He cant take them if you say its yours but he may ask you to prove that it is yours at some later date.
If all comes to all. Get the stuff that is yours out of the house immediately. Store it at a friends place. Make sure its not obvious that you have cleared all your valuables. Leave stuff behind that makes a home a home without the expensive stuff.

Dont pass this advice onto your friend. If he owes money he owes money and he has to pay it. Saying that he has no intention of leaving the sheriff in is just daft as he doesnt have a choice. The sheriff will have the backing of the courts and the guards. He has no choice

seamus

Stevee wrote:

Will the sheriff not require proof that the stuff is mine

Nope, he'd have to prove otherwise. You're not liable, therefore you don't have to get involved at all. Although I would advise perhaps ringing the relevant department yourself and making it clear that he lives in rented accomodation, and you're worried about your stuff being taken.

Gazza22

dahamsta wrote:

And make sure you're not taken advantage of by an asshole like LundiMardi.

Gordon wrote:

?
banned

Well i was banned for 3 weeks, still am from AH for saying exactly that to somebody! So i don't see why not! Ah no seriously i don't think something that small should constitute a ban, a warning yes.

Hopefully WWM will answer my PM today, i think its very unfair.

Irish-Lass

The County Sheriff is probably a guy called Brendan or John.....I have dealings with them not on a personal level but on a professional level....they are entitled to take your property in part payment of the debts you have outstanding.

This isn't something that they just decided to do you would have been given written notification of Court Dates etc. and been given an opportunity to repay the debt......the best thing you can do now is contact the company who are looking to repossess your property and try and enter into an arrangement with them......most companies are willing to enter into an agreement as really they don't want your belongings they woud much prefer the money.

If you need any advice you can PM me I work in the legal profession and deal with Sheriffs on a nearly daily bases...but one piece of advice I will give you, is the worst thing you can do is ignore the warnings

OldCustomer

If the debtor presents the Sheriff with a statutory declaration to the effect that there are no goods belonging to him at that address, that should result in the Sheriff sending a "no goods" certificate to the creditor.

pickarooney

Gordon wrote:

?
banned

I've no idea what dahamsta's post meant, but maybe he was saying,
"And make sure you're not taken advantage of by an asshole, like LundiMardi [was]."

Stevee

Cheers

Gordon

pickarooney wrote:

I've no idea what dahamsta's post meant, but maybe he was saying,
"And make sure you're not taken advantage of by an asshole, like LundiMardi [was]."

dahamsta meant that LundiMardi's suggestion was suggesting illegal activity and fraud.

pickarooney

The OP has completely changed his story from his initial post. First he was being sought and he was worried about his flatmate's stuff, now it's the other way around??

Stevee

Thanks for the advice

MojoMaker

stevee wrote:

I'm worried that he might try and take some of my flat mates stuff as well.

and

Stevee wrote:

It's actually my flatmate he's looking for. I am worried that they might take my stuff as well.

???

Stevee

It's actually my flat mate who is trouble with the sheriff. But I didn't think i would be able to get as much constructive help if people thought it wasn't me that needed the help

solice

u dont really have to explain yourself

Santa Claus

solice wrote:

u dont really have to explain yourself

I think Mojo merely pointed it out in case an unscrupulous person had come on boards looking for advice on how to avoid getting their goods confiscated by the sheriff for debts they owed.
I notice the change in circumstances myself but decided to leave it be.

Thankfully stevee has explained the situation so we can all rest happy !

LegacyUser

taking it by force means he will get a crowbar or a locksmith and open the door and enter the apartment.

just get all your stuff out or get it labelled and dont worry about it. if your flat mate left it this late then he is obviously (in my opinion) a complete tosser and deserves it.

Jesus Trash Can

Stevee wrote:

Will one of us need to be present before he enters. Does anyone know how soon after issusing the letter he can enter the apartment. Is it office hours etc etc

He can call any time, if your not there he is entitled to break the door down.
Get a hi ace van. Move all of your **** out of there. Go down to the vincent de Paul or nearest skip. Get all of the crappiest furniture you can get your hands on and let him take that. When he has you cleaned out, just move. and don't be terrorised by them, it's only stuff.