Can a bank enforce a judgement more than 10 years old on a property

binchy

Registered User
Messages
14
I own a property that has a judgement secured against it.AIB secured a judgement against a property I own in the high court in Dec 2013.They have not contacted me in any way since this.How long does this last? Do I have any options in what to do with the property?Can I sell it as I have some interest expressed in it.

Thanks in advance foe any answers
 
I set out below relevant quotes from a recent Court of Appeal judgment which explains the rationale as to why creditors may be unable to enforce judgments more than 6 years old. I set out below a link to the judgment:

https://www.courts.ie/acc/alfresco/3877503d-3aac-4f57-9a2b-47c5ba723db9/2022_IECA_283.pdf/pdf#view=fitH

"No reason at all was provided for the failure by Ulster Bank to take any steps to enforce the Judgment in the first six years after judgment was granted, and in the period thereafter up to the date of execution of the global deed of transfer, such as to satisfy the test in Smyth v Tunney."

"As already discussed above, it is settled since Smyth v. Tunney that reasons must be given to the court, on an application under O.42, r.24 as to why judgment was not executed. The reason or reasons do not have to be especially strong, but some reason is required. While Smyth v Tunney may not have made it absolutely clear, the reasons must, at least in a general way, explain the lapse in time in taking steps to execute judgment, commencing from the date of the judgment."

The Smyth v. Tunney decision is making it very difficult for creditors to enforce old judgements.

If you sell the property before 12years have passed since the judgement was obtained then the JM must be paid.

Are you sure that AIB have not since sold the debt to a vulture fund?

Jim Stafford
 
AIB secured a judgement against a property I own in the high court in Dec 2013. They have not contacted me in any way since this.

Not a lawyer, but I wonder whether you may have changed address in the period since AIB obtained the judgement? If so, is it possible that they may have attempted to contact you at the last address that they have for you?
 
Thank you for your replies.They are very helpful.Yes ,I did change address and am checking this out in case they have contacted me there.Also how would I find out if the AIB have sold the debt to a vulture fund?
Again thanks in advance for replies.
 
Back
Top