Small Claim - County Sheriff

han2000 · 04-09-2019 08:46PM #1

Hi all, just wondering if anyone here might have had experience with the sheriff having to impose a judgement from a small claim.

I bought a car at the start of the year from a business (not a company), it was seriously defective and I had to spend about €3,000 to fix all the faults. I claimed €2,000 from the small claims court but the business has ignored all correspondence so the claim has been awarded to me because of this.

I now have the order from the court and my last option is to get this enforced by the sheriff.

My question is should I be prepared to not get the money back at all, has anyone here ever been successful in a similar kind of case?

The business in question is still up and running and there is plenty of stock on the forecourt.

Thanks in advance:)

Assetbacked · 05-09-2019 05:50AM

It could take a while to hear anything from the sheriff and as you have noted it may not bear fruit but there's no harm in trying. Best of luck!

Peregrinus · 05-09-2019 06:05AM

Note that the stock on the forecourt may not belong to the dealer. It frequently doesn't.

Should you be prepared for not getting your money back? This is always a risk. Businesses may ignore court proceedings and court judgments for a number of reasons, including stupidity, but a common one is that they are financially strapped, and collecting from a financially strapped debtor is always a bit iffy. You are unlikely to be their only creditor, and others may have better security, a higher priority or more resources to pursue the matter than you do.

This is not to discourage you from trying. But it's only realistic to recognise that there is a risk that you will not succeed.

SeeMoreBut · 05-09-2019 06:13AM

I'm going through something similar at the moment.

Won case and got sheriff to collect the money. Company had moved address so needed to go back to court and get it amended which they did. Got sheriff to collect money again. Still waiting on money and sheriff are not great for keeping you up to date and you don't want to hound them as you want them to do something for you to gain you money

han2000 · 05-09-2019 09:34PM

Thanks for the replies, Ill stick with it and cross my fingers that all works out in my favour. Hopefully all of the stock is his. I was hoping for this part to be the most straight forward but that would have been too good to be true.

Small Claim - County Sheriff

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