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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2245
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I defaulted on a loan 6 years ago. I had left the country at

Customer Question

Hi, I defaulted on a loan 6 years ago. I had left the country at this stage and moved to Australia for work. My situation has changed and I wanted to know about the legal ramifications of moving back to Ireland. THanks
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I defaulted on a loan in Ireland (Europe)
JA: Have you talked to a lawyer yet?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 1 year ago.

It will depend on whether the have issued proceedings against you or not. If not, then after a six year period if there has been no payment on the debt and no acknowlegment of it, they are statute barred.

If they have issued proceedings against you in that time period, they will be able to pursue you for same.

Customer: replied 1 year ago.
I presume they did issue proceedings as I was sent a letter 3-4 months after leaving the country from a debt collection agency. How do I tell if they issued proceedings.
Expert:  Ronan replied 1 year ago.

They would have had to serve you with them or at the very least get substitute service to your last address or email. Did that happen?? If not it is likely they may not have issued them

Customer: replied 1 year ago.
What does substitute service mean? I left the country and only defaulted after I had left. They did not have my foreign address. Is there a way I can tell if I had been served.
Expert:  Ronan replied 1 year ago.

Service of papers other then through the normal channels. It can take many difference forms.

Did you get any paperwork to your last address or on your email. If not, then they didn't serve you most likely

Customer: replied 1 year ago.
I had left the country and did not have any of my mail forwarded so do not know. I did not get anything by email. Would I have had to receive the papers myself or just sending them to my old address would be sufficient to be served.
Customer: replied 1 year ago.
It appears like a rather large sum of money for them not to come after me.
Customer: replied 1 year ago.
The non Irish debt collection agency contacted me about the sum of money I owed and stated that the debt had been sold to them. Do you think this indicated that they did not take proceedings regarding this. I am currently starting my 6th from leaving Ireland. I would not plan on moving home for at least another 2 years. How do you think I should go about things?
Expert:  Ronan replied 1 year ago.

If they factored off the debt to a debt collection agency, the debt collection agency may not have issued proceedings against you. You can have a law agent do a judgement search against you name in Dublin and this may establish if there is a judgement against you