# Can I prevent The Council From Taking Court Action Over Unpaid Commercial Rates



## Peter54 (20 Feb 2011)

A family member has been paying a small amount of money each week to the council for rates on a commercial property they are leasing.

The council are not happy with the amount being paid and have summonsed him to appear in court.  He's worried sick.  If he closes the business he will not be entitled to Social Welfare.  Business has been very bad over the past three years and unfortunately the commercial fees were the first to suffer.

Is it to late to enter into talks with the council to prevent this going to court?

What normally is the outcome in these cases?

Does one need legal representation?

What paperwork should be brought to the court?

Apologies for so many questions.  

Thanks.

Peter


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## nuac (21 Feb 2011)

Meet the officials concerned.    Most Councils will accept some staged payment rather than going to court,


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## onq (21 Feb 2011)

Could I respectfully suggest that he should talk to his local rates officer.
Put his case as best he can and fall on his mercy citing the downturn.
Make any other reference he likes eg. jobs provided locally etc.
He has nothing to lose and the personal approach may work.

ONQ.

 All advice on AAM is remote from the situation and cannot be relied       upon    as a defence or support - in and of itself - should legal   action     be    taken.
 Competent legal professionals should be asked to advise in          Real Life with rights to inspect and issue reports on the   matters    at     hand.


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## Peter54 (9 Mar 2011)

Thank you for feedback.  He contacted council but didn't get very far so its off to court for him in the coming weeks.  

Would it be wise to wind the company up or could the courts possible enforce a closure?  First time to be in a court room so is quite concerned.


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## Fran777 (9 Mar 2011)

If you can offer your local council a realistic deal that you can stand by, I am sure they will compromise, you will be asked not only to pay arrears but your present yearly rates,
local councils are really stretched for money at the moment owing to so many shop closures.
The outcome of a court appearance can sometimes depends on what the judge had for breakfast but my guess is that it will only buy you more time, you will still owe what's owed, not to mention the stress!. If at all offer your local council a sincere effort to resolve, as small as it maybe, remembering that they too would wish to avoid litigation, hope this helps


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## D77 (11 Apr 2013)

*Outcome*

Hi,

I am just wondering how your friend got on with the council on this matter as I am currently dealing with a similar issue?


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