Small claims order against dissolved company?

Discussion in 'Consumer Issues and Rights' started by LouthLass, Jul 18, 2008.

  1. LouthLass

    LouthLass Frequent Poster

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    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.
     
  2. ajapale

    ajapale Moderator

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    7,677
    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.
     
  3. Sue Ellen

    Sue Ellen Moderator.

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  4. bond-007

    bond-007 Frequent Poster

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    3,179
    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.
     
  5. LouthLass

    LouthLass Frequent Poster

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    171
    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
     
  6. Calebs Dad

    Calebs Dad Frequent Poster

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    has it been completely dissolved or has it just been made dormant. did the wind the company up or ???
     
  7. bond-007

    bond-007 Frequent Poster

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    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 €€€€€€ :eek:
     
  8. j26

    j26 Frequent Poster

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    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.
     
  9. bond-007

    bond-007 Frequent Poster

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    Last edited by a moderator: Jul 19, 2008
    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.
     
    Last edited by a moderator: Jul 19, 2008