# Execution Order against by boyfriend - can Sheriff take my goods?



## LozaD (12 Sep 2012)

Hi 

My boyfriend (currently living in my home) has received an execution order for non payment of his credit union load (originally a car loan Eu7,000 approx value).

What does this mean? Can they come and take my possessions as well as his? The car was crashed while insured, he no longer has a car or the means to pay them back in full.

What happens now or what should he do? After losing his job, he got behind in most payments, got so stressed he now has a thyroid problem and can't even afford to go to the doctor regularly to be treated...


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## itsallwrong (12 Sep 2012)

Is it on the back of a Judgement against him?
Has he approached the C.U. and stated his case before it got to the stage your at?
Has he approached the C.U. since the execution order was issued?

If it comes to that, they can only take possessions that are in his name.
An Execution order primarily goes after the asset involved with the loan.
After that they will go for high value items. 
Taking your TV to resell for €100 is highly unlikely.


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## LozaD (12 Sep 2012)

Thank you for replying. He has buried his head in the sand a bit about the whole situation, at first he approached them to agree a lower repayment and they asked him to pay Eu35 a week (he gets Eu183) - he found it difficult to keep up and sunk further in the situation (he had child maintenance, rent, cost of living...) he's been trying to provide for his daughter from a previous relationship as best he can.
I'm not sure but the letter just says something like the Sheriff will be visiting in four days, charging mileage etc. 
I suppose we'll just talk to him when he gets here and show him we have no items in his name? I was afraid he'll try to take items belonging to me or my car. 
Will the fact he stopped engaging with the CU go badly against him?


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## Time (12 Sep 2012)

An execution order can go for any assets in the debtors name. None are specially named in the warrant. 

It is very rare indeed for the sheriff to seize anything from a private house. Unless there are priceless works of art, fully paid for sports cars etc the sheriff has no interest in clothes, furniture or other run of the mill household stuff.

The sending of the sheriff is purely a procedural step that must be followed so the CU can get follow up orders in the courts. 99.9% of the time it is a pure time wasting exercise.



> Will the fact he stopped engaging with the CU go badly against him?


That is none of the sheriff's concern.


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## reddanmm (12 Sep 2012)

Hi lozaD you say your boyfriend was insured did he not get a settlement from the insurance company ? If so could he not have paid the money back from his settlement


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## LozaD (12 Sep 2012)

@Reddanmm - no we bought another car between us (it's in my name now for insurance purposes) bit of a banger really and there wasn't really any cash left for repayments. The value of the car dropped sharply in the last few years as well. He's going to ring the Sheriff tomorrow to see how he should deal with the situation from here. 

@Time thanks for reply that's reassuring that they won't be carrying the washing machine out hopefully


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## itsallwrong (13 Sep 2012)

Ringing the Sherrif won't stop him calling out.
He has his orders.
Invite him out or ask him what time he wants to call so you don't miss him.

Chin up LozaD.
Let us know how you get on.
Plenty of us here to help.


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## LozaD (14 Sep 2012)

He rang the county registrar today and they said go and talk to the CU and get back to them afterwards, he said they even said there are lots of people in his position at the moment. I went in and explained and to be fair they were very good about it, said they'd take out his file and gave me a number to get him to ring tomorrow so hopefully he'll be able to sort something out, the minimum payment isn't unreasonable really, it's just tough when things are tight. Thanks for the responses.


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## Bronte (14 Sep 2012)

I'd be amazed that someone on 183 euro would be ordered to pay much if anything by a court.  Certainly not the agreed 35 Euro.  

The sherriff is not interested in washing machines, even if it did belong to your boyfriend.  Just let him come and see what is there, the sherriff must do his job, he'll just report back that there are no assets.  

Assets does not mean furniture, unless valuable antiques or white goods which are basically valueless.  Think logically removing a washing machine costs time and money, storing it costs money, selling it costs time and money and nobody would buy a second hand washing machine (in general).


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## Time (14 Sep 2012)

A district court judge will refuse to make an order where the person is on social welfare. This has been the position for years now.


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