# how can I recover money owed by company?



## davis (6 Feb 2008)

I am owed money for work carried out over  five months ago and despite phone calls (unanswered) texts, letter, registered letter (returned unsigned for) calling to look for individual wasting time driving around looking for him still  no luck. I know I can have a judgement against his company but what good will that do if he wont pay me, just me wasting more money , was told  700 plus vat to have this done. My question is would it be worth it to go this way or is there another way to make him pay. Would the fact that his company would be named in Stubbbs Gazette make any difference to a con man like him? If anyone has been in this situation please advise as I am a sole trader and the ammount is 7800 which is a lot to me. Thanks in advance for any advice.


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## ccraig (7 Feb 2008)

Hey davis
why not take him to the small claims court?

Failing that why not get a family/friends solicitor draft up a letter demanding payment or face court

You could also try and factor it off to a debt collection agency like intrum justicia.


Theres a guy in Madrid called el cobredor del frac who you pay to follow a supplier who owes you money. He wears a top hat and tails and dresses in black and white. Everyone knows you owe someone money. Funny little idea


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## murphaph (7 Feb 2008)

ccraig said:


> Hey davis
> why not take him to the small claims court?


Not possible in this case. 7800 is not a small claim and it's a commercial case, not a consumer one.


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## Brendan Burgess (7 Feb 2008)

The legal process is slow but sure. Start the process now. Use a firm which specialises in debt collection or has a debt collection department. Most companies pay up a few weeks before it gets to court. 

It will cost you around €700 but you will be able to recover part of this, if your claim is successful. 

Brendan


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## Dachshund (7 Feb 2008)

It may not be of any use to the OP but there is a [broken link removed] that's available business to business for amounts up €7,500.


 "The Small Claims Arbitration system is an innovation put in place to make it easier to process claims for up to €7,500. It also reduces administration costs for all parties involved. The cost of the arbitrator is limited to €750. 

This scheme allows businesses to claim small amounts, which in the past were usually written off as it was too costly and time consuming to go to court.

The arbitrator is available from a trained pool of barristers and agreed by both sides. The arbitrator’s decision is binding. 

The scheme is explained in plain English in a pack laying out the rules and containing all the necessary documentats to pursue a claim. The pack has received the ‘Plain English, Approved by NALA’ mark from the National Adult Literacy Agency.

This is a trial scheme and the Bar Council welcomes the support of businesses and business organisations in developing it.
  To contact the administrator for further details, please phone Rose Fisher at the Arbitration phoneline: 01-817 5072; fax number: 01-817 5018; or email: arbitration@lawlibrary.ie"


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## bond-007 (7 Feb 2008)

To be totally honest it won't cost anything like €750 to get a judgement in the courts. Also if you use the procedure described above there is no procedure detailed to enforce any decision and most likely you will have to head to the civil courts for a proper judgement and follow up with enforcement via the district courts.


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## davis (8 Feb 2008)

Thanks everyone for your replies , I was wondering what impact a court judgement will have on him, also what if he chooses to ignore it?


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## bond-007 (8 Feb 2008)

It will have no impact, if you do nothing to enforce it.


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## mercman (8 Feb 2008)

Weigh up the chances of receiving the debt. What industry are you involved. Before you answer if its construction, I wouldn't hold to much hope. Does your Debtor trade from a premises; does he own any stock; does he have any suppliers etc. etc. If he does, why not contact the others and tell them the circumstance you are in. This really sounds like Irish business 1970s style.


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## bond-007 (9 Feb 2008)

> If he does, why not contact the others and tell them the circumstance you are in.


I would strongly advise against that. You could end up in more serious trouble yourself.


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## davis (9 Feb 2008)

Yes it is construction but he hasnt gone bust YET , if I get  a judgement how is it enforced against a company? I know his name will appear in Stubbs Gazette and if he applies for a loan it will show up ,but will bankers take any notice of it, and does the judgement stand until the dept is cleared? All advice appreciated thanks.


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## joejoe (9 Feb 2008)

bond-007 said:


> I would strongly advise against that. You could end up in more serious trouble yourself.


 
How, if you are telling the truth? 

Joejoe


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## Brendan Burgess (9 Feb 2008)

If the company is likely to go bust, then there is no point at all in getting a judgment against it. Just forget about it. Or keep sending statements, so that if he recovers, then you can go after him. 

If a good company gets a judgment registered against it, then it very quickly settles it. It will make it difficult for it to get loans or even credit from suppliers. 

Theoretically, the sheriff will visit the company and seize goods. 

Check to see if there are judgments against it already.

Brendan


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## murphaph (9 Feb 2008)

It's very important to know if you would be taking action against an individual or limited company? Is he a sole trader of Ltd?

If he's not limited then it is worth the judgement because the sherriff can pay him a visit at home and take his new plasma telly off him.

We have a civil bill in train at the moment against two individuals who formed a Ltd after they signed a contract with us. They are being persued as individuals and it makes all the difference. If they themselves end up in Stubbs it will have a negative effect on their ability to get so much as a credit card and if our two gentlement don't settle asap we'll chase them into the Gazette.

I would expect banks to pay even more attention to Stubbs as the credit crunch bites.


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