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Going to court for money owed

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  • 01-10-2019 7:03am
    #1
    pms7
    Registered Users Posts: 463 ✭✭


    Anyone have any experience of taking someone to court for money owed? Sold cows in April, wrong surname on draft which I only noticed when at the bank, so had to return it. His bank had to send it to Dublin. Said didn't have money until that came back to him. Made a partial payment in July, so owed for half now. Promised full payment few weeks back which didn't happen, so lost faith in him after that, plus he wont answer phone, texts back, eventually. Sent text giving him another week before going legal route, no response..


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    #2
    Never wrestle with pigs
    Registered Users Posts: 1,447 ✭✭✭Never wrestle with pigs


    pms7 wrote: »
    Anyone have any experience of taking someone to court for money owed? Sold cows in April, wrong surname on draft which I only noticed when at the bank, so had to return it. His bank had to send it to Dublin. Said didn't have money until that came back to him. Made a partial payment in July, so owed for half now. Promised full payment few weeks back which didn't happen, so lost faith in him after that, plus he wont answer phone, texts back, eventually. Sent text giving him another week before going legal route, no response..

    Better off calling over with a few friends.


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    #3
    Timmaay
    Registered Users Posts: 11,394 ✭✭✭✭Timmaay


    Small claims maybe?


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    #4
    Car99
    Registered Users Posts: 2,530 ✭✭✭Car99


    Never wrestle with pigs wrote: »
    Better off calling over with a few friends.

    Call over with a trailer and collect your goods . If not paid for theyre still yours.


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    #5
    road_high
    Registered Users Posts: 19,386 ✭✭✭✭road_high


    pms7 wrote: »
    Anyone have any experience of taking someone to court for money owed? Sold cows in April, wrong surname on draft which I only noticed when at the bank, so had to return it. His bank had to send it to Dublin. Said didn't have money until that came back to him. Made a partial payment in July, so owed for half now. Promised full payment few weeks back which didn't happen, so lost faith in him after that, plus he wont answer phone, texts back, eventually. Sent text giving him another week before going legal route, no response..

    I’d say the “wrong” name was accidentally on purpose


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    #6
    patsy_mccabe
    Registered Users Posts: 10,684 ✭✭✭✭patsy_mccabe


    road_high wrote: »
    I’d say the “wrong” name was accidentally on purpose

    No flies on you.

    'The Bishops blessed the Blueshirts in Galway, As they sailed beneath the Swastika to Spain'



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    #7
    realdanbreen
    Registered Users Posts: 8,110 ✭✭✭realdanbreen


    pms7 wrote: »
    Anyone have any experience of taking someone to court for money owed? Sold cows in April, wrong surname on draft which I only noticed when at the bank, so had to return it. His bank had to send it to Dublin. Said didn't have money until that came back to him. Made a partial payment in July, so owed for half now. Promised full payment few weeks back which didn't happen, so lost faith in him after that, plus he wont answer phone, texts back, eventually. Sent text giving him another week before going legal route, no response..


    How much are we talking about?


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    #8
    whelan2
    Registered Users Posts: 29,082 ✭✭✭✭whelan2


    Best time to look for money is milk cheque time or single farm payment time.


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    #9
    Mortelaro
    Closed Accounts Posts: 4,431 ✭✭✭Mortelaro


    road_high wrote: »
    I’d say the “wrong” name was accidentally on purpose

    It was a draft though,so they had to have parted with the money to have the draft issued
    Inquiries I'd make first are
    Check with bank as to where the funds behind the draft have gone
    If they are stuck in some kind of bank escrow,then the buyer would be out of pocket and might genuinely be fuddled as to what to do

    Get confirmation first where the money for the draft is
    If it's not been refunded to the buyer,you need to get them into the bank to sign paperwork to get it to you
    If it has been refunded to them,set a deadline,then go legal
    Call to see them in either case


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    #10
    pms7
    Registered Users Posts: 463 ✭✭pms7


    realdanbreen wrote: »
    How much are we talking about?

    €3500


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    #11
    older by the day
    Registered Users Posts: 1,559 ✭✭✭older by the day


    Try a solicitors letter, and see, but court may take a lot of the 3500. I know of a builder who was a owed money and went over to the man's yard and filled it with welder s and gear, he returned them when he got his money. But I would not be bringing trouble like that on yourself and your family.


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    #12
    davidk1394
    Registered Users Posts: 4,043 ✭✭✭davidk1394


    Court route can be very costly and cumbersome, by the time judgement is got and money collected the good is gone out of it. Do a background check on the person, see what their like and call up to the place. Maybe have a cattle box nearby


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    #13
    Stationmaster
    Registered Users Posts: 825 ✭✭✭Stationmaster


    If it's a draft payment though hasn't he already paid for? Was there any reason why they couldn't just reissue the draft with the correct name on it? Otherwise, I presume his bank refunded him the money from the original draft.


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    #14
    _Brian
    Registered Users Posts: 18,475 ✭✭✭✭_Brian


    Would small claims court work and keep your costs to a minimum.


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    #15
    enricoh
    Registered Users Posts: 4,831 ✭✭✭enricoh


    I know a lad who was owed 10k by a lad who out of the blue started stinging everyone.
    Was getting no joy at all so brought him to court, sheriff etc. Started repayments n has stopped again so back to court.
    It has cost the guts of 2 grand so far and yer man has repaid 2 grand. I admire him for bringing him to court n being dogged. Most lads have let him away with it.


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    #16
    pms7
    Registered Users Posts: 463 ✭✭pms7


    _Brian wrote: »
    Would small claims court work and keep your costs to a minimum.
    Small claims is capped at 2000 I think.
    The incorrect draft couldn't be refunded immediately, money laundering rules.
    It came back but bank kept it to go towards loan repayments.
    He has just started milking this year, struggling with money, made a partial payment 2 months ago so I am inclined to believe him. Not sure if court can get it off him if he doesn't have it. Said have it next milk cheque, gave him one last chance, court then..
    Lesson learned, in future money in my account by transfer or wait for cheque to clear before let cattle go. I did keep cards and didn't do movement thinking that would be some good, but isn't really.


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    #17
    newholland mad
    Registered Users Posts: 326 ✭✭newholland mad


    I heard somewhere before maybe here that the department are helpful in such matters might be worth a try


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    #18
    older by the day
    Registered Users Posts: 1,559 ✭✭✭older by the day


    pms7 wrote: »
    _Brian wrote: »
    Lesson learned, in future money in my account by transfer or wait for cheque to clear before let cattle go. I did keep cards and didn't do movement thinking that would be some good, but isn't really.
    There's a thing down here called a Mart. You get robbed the odd time but you don't have to chase the money


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    #19
    Bellview
    Registered Users Posts: 2,678 ✭✭✭Bellview


    newholland mad wrote: »
    I heard somewhere before maybe here that the department are helpful in such matters might be worth a try

    Yes there was a case in kerry in last few years where a feed merchant got to keep single farm payments for a few years.. but the value of debt was pretty large .. I’m sure there are other similar cases out there as well


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    #20
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    Mortelaro wrote: »
    It was a draft though,so they had to have parted with the money to have the draft issued
    Inquiries I'd make first are
    Check with bank as to where the funds behind the draft have gone
    If they are stuck in some kind of bank escrow,then the buyer would be out of pocket and might genuinely be fuddled as to what to do

    Get confirmation first where the money for the draft is
    If it's not been refunded to the buyer,you need to get them into the bank to sign paperwork to get it to you
    If it has been refunded to them,set a deadline,then go legal
    Call to see them in either case

    Even before GDPR you wouldn't have got that information from a bank. The only thing a bank will do with a draft is verify that it's legit, they won't provide any other information.
    pms7 wrote: »
    Small claims is capped at 2000 I think.
    The incorrect draft couldn't be refunded immediately, money laundering rules.
    It came back but bank kept it to go towards loan repayments.
    He has just started milking this year, struggling with money, made a partial payment 2 months ago so I am inclined to believe him. Not sure if court can get it off him if he doesn't have it. Said have it next milk cheque, gave him one last chance, court then..
    Lesson learned, in future money in my account by transfer or wait for cheque to clear before let cattle go. I did keep cards and didn't do movement thinking that would be some good, but isn't really.

    By aware that the money in your account doesn't mean the cheque has cleared. Your bank will credit your account a few days after you lodge the cheque but that's not the money from the cheque, they only get that money when the physical cheque is returned to the issuing bank and they release the funds to you. If there's no funds in the account the cheque was drawn from your bank will take it's money back from your account. It can take a few weeks for some cheques to be clear. Plenty of people use this method to buy stuff with money they don't have, it's an old scam

    Try if at all possible to avoid going to court. Our justice system makes it nearly impossible to get debts repaid, or any satisfaction, if the debtor doesn't want to pay.


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    #21
    whelan2
    Registered Users Posts: 29,082 ✭✭✭✭whelan2


    How about an agreement of 500 per month for the next 7 months by direct debit


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    #22
    dar31
    Registered Users Posts: 1,701 ✭✭✭dar31


    The animals in your herd profile on cmms won't affect you nitrates stocking rates ??


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    #23
    whelan2
    Registered Users Posts: 29,082 ✭✭✭✭whelan2


    dar31 wrote: »
    The animals in your herd profile on cmms won't affect you nitrates stocking rates ??

    I assume the movement was done late rather than not at all. Would be messy otherwise with testing etc


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    #24
    foundation10
    Registered Users Posts: 242 ✭✭foundation10


    whelan2 wrote: »
    How about an agreement of 500 per month for the next 7 months by direct debit




    This is your best route, I would arrange to meet him and try to get him to agree to an arrangement, I know what the courts are like it, will end up costing you more financially and emotionally, at the end of the day the best way is to try and get something sorted between yourselves unless he is a complete gangster and from reading your postings there is some willingness there to work on.


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    #25
    Keepgrowing
    Registered Users Posts: 2,485 ✭✭✭Keepgrowing


    Happened to us a few years ago, arrived in a lorry and collected cattle, simple as that. Sorted the movement through official channels with Dvo.


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    #26
    1373
    Registered Users Posts: 519 ✭✭✭1373


    Take him to court and listen to his solicitor talk about his client depression and suicidal
    thoughts and everyone will be advised to back off and he’ll walk out laughing his head off at you . That is what that sort do


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    #27
    Markcheese
    Registered Users Posts: 8,428 ✭✭✭Markcheese


    Are the cattle still on his farm.? Can you get them back..
    Ór get him to put up something as security.. Tractor, machinery something that you can take away (and he'll want back).. It'd have to be worth a lot more than the outstanding debt

    Slava ukraini 🇺🇦



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    #28
    patsy_mccabe
    Registered Users Posts: 10,684 ✭✭✭✭patsy_mccabe


    Keepgrowing wrote: »
    Happened to us a few years ago, arrived in a lorry and collected cattle, simple as that. Sorted the movement through official channels with Dvo.

    Could you explain how this worked tru official channels? Would he not have to give permission to release the cattle from his herd.

    'The Bishops blessed the Blueshirts in Galway, As they sailed beneath the Swastika to Spain'



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    #29
    older by the day
    Registered Users Posts: 1,559 ✭✭✭older by the day


    whelan2 wrote: »
    How about an agreement of 500 per month for the next 7 months by direct debit
    It's not 3.5 million, it's easy to cut off a direct debit. Looking at the answers here I think, you need to suss out the type he is, ask around


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    #30
    Mortelaro
    Closed Accounts Posts: 4,431 ✭✭✭Mortelaro


    Del2005 wrote: »
    Even before GDPR you wouldn't have got that information from a bank. The only thing a bank will do with a draft is verify that it's legit, they won't provide any other information.
    They will provide it to the buyer,which the seller can insist upon
    Failing getting that it’s court and a decree with costs

    By aware that the money in your account doesn't mean the cheque has cleared. Your bank will credit your account a few days after you lodge the cheque but that's not the money from the cheque, they only get that money when the physical cheque is returned to the issuing bank and they release the funds to you. If there's no funds in the account the cheque was drawn from your bank will take it's money back from your account. It can take a few weeks for some cheques to be clear. Plenty of people use this method to buy stuff with money they don't have, it's an old scam
    A draft cannot bounce though,it’s different,unless it’s forged
    Try if at all possible to avoid going to court. Our justice system makes it nearly impossible to get debts repaid, or any satisfaction, if the debtor doesn't want to pay.
    I’d agree,talking and an agreement is best
    Trust would be gone if they weren’t prepared to provide proof from the bank that the draft funds weren’t returned or the change of name process started
    A decree with costs registered against the land owners property n the absence of an agreement iis a serious sanction threat against the buyer,one they’d want to avoid


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    #31
    cj maxx
    Registered Users Posts: 13,359 ✭✭✭✭cj maxx


    whelan2 wrote: »
    Best time to look for money is milk cheque time or single farm payment time.

    Waiting on BPS payment to come in ?


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