Thanks, Rich. To be honest I'm not at all worried since I have nothing that would make it worth the Sheriff's while to seize any of my very few possessions. If they choose the court option I will certainly go. I am currently on Jobseekers and in 2 years time I will be on pension and I shall enjoy seeing the Judge's reaction to such a time wasting exercise. I just really want to know what happens, time scales, etc. Does the Sheriff just arrive without warning? What if I'm not here? etc etc. How long before they bring me to court?Hi Mabel. Don't let the sheriff come after you. Go to the court and offer some tiny payment per month or per week that you can afford. Or if you can't afford and payment tell the judge that.
There's a pdf on the Irish Insolvency Service website that gives reasonable living expenses of €1029.03 per month. That's €237.47 per week. If you're income is less than this, it's my understanding that you can't pay your debt.
But be proactive, down load the pdf file. Look at the reasonable living expenses table and do out your own living expenses. And go to court and meet the judge and explain your case.
And don't worry too much!
I rang the BOI solicitors and was informed that they will be going to court again to seek an instalment order, rather than instructing the Sheriff. Seemingly I cannot attend this court hearing to inform the judge of the reasons for my inability to pay.
Yes.....I have just spoken to the Clerk of the Court who has told me all of this, so the BOI solicitors were misinforming me. What a surprise.If they opt for an instalment order you will be sent out a summons to attend court for this so you will be given the opportunity to show your income and expenditure. The judge will then decide what you should pay monthly or weekly. If you do not adhere to this agreement you are in breach of a court order and could be committed to prison so be careful not to default on your payments. Obviously if your circumstances change you can get the order changed but don't just stop paying.
If they opt for an instalment order you will be sent out a summons to attend court for this so you will be given the opportunity to show your income and expenditure. The judge will then decide what you should pay monthly or weekly. If you do not adhere to this agreement you are in breach of a court order and could be committed to prison so be careful not to default on your payments. Obviously if your circumstances change you can get the order changed but don't just stop paying.
Quite.....which is why I am not losing sleep over any of this. It just annoys me intensely that Belgard Solicitors told me that I would not be able to appear in court and that an instalment order would be made without my input. The Waterford Clerk of the Court confirmed that this is rubbish and went above and beyond to explain exactly what the process is....lovely woman.In order for a debtor to be committed to prison for defaulting on an instalment order my understanding is that the case must go back to court, the debtor can get Criminal Legal Aid and the creditor must establish beyond reasonable doubt that the debtor has the means to pay but is wilfully refusing to do so.
I imagine that might be a difficult task where someones only income is social welfare
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?