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  #1  
Old 18-07-2008, 11:45 PM
LouthLass LouthLass is offline
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Default Small claims order against dissolved company?

Hello all,

I have a query I hope someone here will be able to answer.

A friend of mine took a Limited company to Small Claims Court for faulty workmanship (double glazing!!) and was successful in obtaining an order for monies owed.

However, they failed to pay up and she sent it to the local sheriff for collection.

She received notification today that the sheriff was unable to collect the debt owed as the compay was dissolved since Feb 08.

What are her options now? Is it worth the expense of attempting to take them back to court or would it be a waste of her time and money? Is it right that she is now out of pocket and left with windows that now need to be replaced?

Anyone who has any experience with the Small Claims procedure and failure to collect by the Sheriffs office would be much appreciated.
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  #2  
Old 19-07-2008, 03:20 PM
ajapale ajapale is offline
 
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Default Re: Small claims order against dissolved company?

Moved from askaboutlaw to Consumer Issues and Rights which is where questions relating to the small claims court are discussed.

Try searcing for small claims court.....Im sure that this has been discussed here before.
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  #3  
Old 19-07-2008, 05:11 PM
Sue Ellen Sue Ellen is offline
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Default Re: Small claims order against dissolved company?

Quote:
Originally Posted by LouthLass View Post
Is it worth the expense of attempting to take them back to court or would it be a waste of her time and money?
As the maximum claim in the Small Claim's Court is 2,000 can't see it being worth their while going back to court.
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  #4  
Old 19-07-2008, 07:39 PM
bond-007 bond-007 is offline
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Default Re: Small claims order against dissolved company?

Why would she go back to court? What does she expect the court to do? The court cannot compel a non legal entity to pay anything. Since the company is struck off it no longer exists as a legal entity and hence cannot be sued.
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  #5  
Old 19-07-2008, 07:47 PM
LouthLass LouthLass is offline
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Default Re: Small claims order against dissolved company?

Thanks Bond007, that was the reply that I was looking for. We were unsure if a dissolved company could be sued by individuals. So basically at this stage she will have to accept that she has lost her money and there is nothing that the Sheriff can do to help her enforce the judgement (please correct me if I'm wrong with this assumption)

Kind regards

LouthLass
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  #6  
Old 19-07-2008, 07:54 PM
Calebs Dad Calebs Dad is offline
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Default Re: Small claims order against dissolved company?

has it been completely dissolved or has it just been made dormant. did the wind the company up or ???
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  #7  
Old 19-07-2008, 09:04 PM
bond-007 bond-007 is offline
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Default Re: Small claims order against dissolved company?

Quote:
She received notification today that the sheriff was unable to collect the debt owed as the company was dissolved since Feb 08.
There is no concept of a dormant company under the companies act. I would read dissolved as completely dissolved.
The claimant could bring an application to the high court to restore the company. That would cost €€€€€€
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  #8  
Old 19-07-2008, 10:29 PM
j26 j26 is offline
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Default Re: Small claims order against dissolved company?

If it's in liquidation, claim from the liquidator. It's possibly too late as other people may have got in first, but you never know.
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  #9  
Old 19-07-2008, 10:44 PM
bond-007 bond-007 is offline
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Default Re: Small claims order against dissolved company?

Quote:
Originally Posted by j26 View Post
If it's in liquidation, claim from the liquidator. It's possibly too late as other people may have got in first, but you never know.
Most likely it (the company) has been struck off for failure to file returns.

Your too late for that if the company is dissolved.
Dissolved is one step beyond liquidation. The company is still alive whilst in liquidation, once the liquidator has sold off everything the company will be dissolved. Once it is dissolved there is no way to get any money. The liquidator is long gone.

You can see the exact status and the reason for dissolution on this site.
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Last edited by ClubMan; 19-07-2008 at 11:20 PM. Reason: Fixed link
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