What happens when sheriff visits your home?

[Kitty1]

Apologies if this is in wrong section - but it is in a way related to insolvency.
After attempting to resolve my disastrous financial situation with over a year and almost that length of time dealing with a PIP - I have asked my PIP to lodge a personal insolvency proposal for me which I hope can be done on next few weeks (he is on leave right now)

I have several debts, mortgage, credit union and a personal loN from bank.

I was issued a court claim notice by credit union solicitor last week and as you can imagine I've had sleepless and tearful nights. As my pip is on leave I contacted the credit union solicitors by phone and they said if they hear from him it can be held off.
My fear is this won't happen in time.

So I contacted the court with my reference to ask what happens after the 28 days. They said there will be no court hearing, just that an order will be put on me without notice to recover the entire amount (15k). (By far not my biggest debt)
They said the sheriff will visit my home to recover any goods.
This scares me. I don't believe I own anything valuable - but do they literally go through your drawers and presses searching ? :-(
The only item of value I own is a 2004 car valued at 2k which I need to get to work.
I live in rented accommodation and most items belong to landlord. The mortgaged property is in mine and my ex partners name and is sitting empty.

Can anyone ease my mind for the weekend ?

Also, can anyone tell me was the new law introduced yet that the banks veto on insolvency is gone ?

 

[elcato]

I don't know what a court claim is but can you turn up in person to this ? If it's a claim by the CU for an order to send in the sherriff then it will take a while. I believe the CU may have smelt your panic and hoodwinked you to try and put pressure on you.
Firstly, the only asset of value to them is the car and they need to know you have it. So for your own peace of mind just keep the car keys hidden away and the car out of sight. The sheriff will take a while to get to you and I would be extremely surprised if he even got there by the next few months.
Secondly, inform your PIP immediately and ask him to contact the CU.
Thirdly, don't worry, they have the problem not you as you are the one in charge of whether they get paid their money back or not.
As regards the bank loan and mortgage they have no chance of getting blood out of a stone so they will take anything reasonable as a solution. Let the house be repo'ed and when you get a final court date for the loan just appear and explain to the judge that you have no money. He/She will not make any order which you cannot adhere to.
Now have a glass of wine and relax and don't open your door to anyone who you are not expecting.

 

[Kitty1]

Thank you

It's a "Claim Notice"

I have 28 days to either get my pip to get in action or file an "appearance " and defense in form 42.03 schedule c of district court rules.
I have no clue what that means so I contacted court office and they said if I don't do that "file an appearance "... The sheriff will be sent. He said there would be no court hearing - as in I don't ever get to see a judge ?
I don't understand.
Perhaps I should contact a solicitor but I don't have money for one !

 

[demoivre]

Relax OP. A claim notice, if no defence is entered, allows the credit union, after 28 days after issue of the notice, get summary judgment against you. This only gives legal recognition to the debt. The CU then has to go to the district court to enforce the judgement ie try and get you to pay up, which typically involves trying to get an installmemt order against you. No judge will make you pay what you don't have. The sheriff won't be taking anything from you either. Get your PIP on the case again ASAP and don't stress over debt, there is help there for you.

 

[TLO]

Agreeing with the others. Try to relax and enjoy your weekend. The Sheriff is at least two months away, if at all. If your PIP goes into the Circuit Court and gets you a Protective Certificate it will stop the CU dead in their tracks.