Personal debt recovery frustration

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colin79ie

Registered User
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378
Hi,

Long story short, a past relationship meant I was scammed out of 20k as a 'loan' and now I'm in the middle of trying to recover the debt from that individual.

Numerous court appearances to obtain judgement and the other party has not submitted a defence and has changed solicitors. It just seems to be going on and on and on with no end in sight.

The court adjourned it 3 times waiting on their side to sort their own stuff and I'm just facing more legal fees for nothing.

I'm really frustrated at this stage, and, there's still no guarantee I'll see a cent returned.

I had considered selling the debt and move on but not sure of the process, implications or benefits.

I could also hold out for judgement, which the next date is mid November.
 
ClubMan said:
It's it worth it for a debt of €20K?
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If they get a judgement in their favour in mid November, only a month away then it can have a pretty serious effect on the other person's ability to get a mortgage, buy a car, anything that requires credit. Even if they don't repay they can have the satisfaction of that.
 
I was assuming that the motivation was to ultimately recover the money and not just to spite the other party.
 
ClubMan said:
I was assuming that the motivation was to ultimately recover the money and not just to spite the other party
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They are related.
If he gets a judgement and registers it as a judgement mortgage against the ex's home, the ex will have to pay it with interest before selling their home.

If the ex has no assets, then it's not worth chasing. But I would probably go as far as one more hearing if that is likely to end in a court order.
 
The question which should have been asked right at the start of the process, and which should be continually asked all the way through, is "is the defendant a mark?". If you do get a judgment in your favour, does the defendant have assets against which that judgment could be enforced?

If the answer to that question is "no" then stop right there. Your €20k is gone; you are never seeing it again; mourn it, reflect on the lesson you have learned, and move on.

Only if the answer is "yes" do you have to move on other questions like 'how strong is my case?". Not as in morally strong, but legally strong — do you have the evidence you need? Is there a loan agreement? If not, how can you establish the terms of the loan? Do you have evidence that the loan was actually advanced? What story do you think the defendant might tell about this, and do you have evidence to refute that story? The advice of a lawyer is useful at this point. This isn't a simple binary — good case/bad case — but rather a matter of locating yourself on a spectrum that runs from dead cert to hopeless.

Finally, you have to think about whether you have the stomach for this. Litigation is protracted; it is frustrating; it is emotionally wearing. That isn't a reason not to do it, but it helps hugely if you recognise this at the outset, and factor it into your decision to proceed.

colin79ie said:
I had considered selling the debt and move on but not sure of the process, implications or benefits.
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Unlikely that anyone would buy this debt, at any discount, if it's a debt owed to you by your ex. But maybe it's a debt incurred because of your ex, but owed by someone else.

Be aware that if you do sell the debt, your involvement is not over. The buyer will need your continued involvement in the court proceedings to enforce the debt.
 
I feel the need to carry through with it. I have no idea if they have assets that would cover the debt. My solicitor has indicated that the judgment is going to be granted so it will be recovery after that.

Is there a way for me to find out if any assets are owned by them ?
 
colin79ie said:
Is there a way for me to find out if any assets are owned by them ?
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You don't know if they own a house? Do you think they might be renting? Do they have a good job? What age bracket are they. Did you get a set fee from your solicitor? How much were you told pursing this case will cost you?

How many times has the individual changed solicitors?

A judgement against them is of no good to you if they have no money and if they don't care about getting a judgment against them.

How did it come about that you loaned them money? Can they say in court that you gifted it to them. Or deny ever receiving the money.

What did you tell your solicitor about the 'loaning' of the 20K?
 
Sorry to hear about the issues your having. i know numerous people this has happened to over the years but i think they always struggled with the burden of proof element as conversations were verbal etc. I had similar for a few hundred. Had a good friend that i just never heard from again after a few months of chasing.

Possibly an expensive lesson for you but best of luck anyway
 
colin79ie said:
My solicitor has indicated that the judgment is going to be granted so it will be recovery after that.
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Just to be clear - getting a judgement is only a first step in the process.

Enforcing it is completely different.

In this country, you can just refuse to pay, and it's very unlikely that there will be any consequences.

You give the judgement to the Sheriff and what will they do with it? Call to their house and see if they can seize some furniture?

If they own a house, you can lodge the judgement against them. In theory, you could proceed to repossess the house, but in practice, it is extremely unlikely, that the court will give you possession of their house.

But it's worth getting the judgement as you have come this far. But if it falters in November, then sit back and decide if it's worth progressing.
 
It's probably too late now but I find a good diligent debt collector would find a way of getting them to pay and no I don't mean the tactics of the strong arm lot.
 
If they don't have property you could pursue getting an attachment order against their wages or social welfare. Will cost more money of course.
 
Leo said:
If they don't have property you could pursue getting an attachment order against their wages or social welfare. Will cost more money of course.
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If it's coming out of their social welfare it's probably a waste of time, the judge might order something risible deducted or even nothing at all..
 
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