Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear *****, I expect you know that the creditor has difficulty getting a well charging order and an order for sale in relation to jointly owned property. However, the next tactic of the judgment creditor holding the judgment will be to either send in the dto remove goods to the value of the judgment or else to seek to get a payment order against your friend, whereby he will then have to pay weekly instalments from his income to the judgment creditor. So, you need to realise that the impediment to getting the money is only temporary.
2. Be aware that the usual method of enforcing a judgment of 15k is to simply send in the sheriff. This is a court appointed official who will seize any saleable goods and take them away for sale. The amount realised is then deducted from the judgment. Another method of payment is to seek to attach any debt, such as rent due to your friend and have it paid over to the judgment creditor. So, this is why your friend's legal team tell him to pay the judgment however he gets the money.
3. Be aware here that the sheriff can seize goods from the retail shop and sell them. So I don't think your friend is in a very good position. His trade will suffer if he doesn't pay off the judgment. I am sorry I cannot offer you any bullet proof solution. But I regret to say that the law is aligned with allowing the judgment creditor to get their money.
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5. Dear *****, the important point is that it is not possible to get a well charging order against jointly owned property. there is recent caselaw from the Irish courts on this point up to Supreme Court level. So your friend is protected against this. Secondly, you are delusional if you think some point about all goods in the shop being jointly owned will help him. The same rules do not apply to goods as they do to property. So, this is a foolish outlook. The goods will be seized. And sold. That is the point. it makes no difference that someone might have a half share (questionable) in them. They can be sold.
7. You need to be aware that a claim that goods in a shop belong to someone else will cut no ice with a hard-nosed sheriff. The goods will certainly be seized and taken away for sale. It will then be up to the true owner to come along and prove the goods are theirs. You fail to realise that the sheriff meets people making such claims all the time and generally ignores them. YOu can have documentation in the shop in the hope he believes they are someone else's. However, don't bet that this sort of claim will work. Execution for debts is peopled by aggressive people. It is not for the faint-hearted.
8. I should also point out that in relation to the two other properties, which are not a family home, the creditor can seek an order for Partition in relation to these two properties in order to separate out the interest of your friend. It takes time, for the creditor to do this and most creditors don't want the 2/3 year wait. However, be aware that this can also happen if the creditor is properly advised. So even here, be aware that the judgment creditor can take the long way round to get the judgment enforced against your friend.
9. I am glad your friend has absolute proof that the goods are not his. He can tell that to the sheriff when the time comes. Secondly, your interpretation of the Laffoy ruling is not fully correct. The ruling only related to the family home. It did not relate to all jointly owned property. This is because the Act upon which the judgment is based, the Family Home Protection Act, only applies to the family home. It has no application to other jointly owned properties, such as the two your friend possesses here. So this is a key weakness in your "friend"'s case.
10. Dear Barry Clifford, you seem to know more about the law than I do. However, i would suggest if you read the judgment you will find that there is a different outcome in the thousands of other cases in which someone seeks to well charge a judgment against jointly owned property.