# The Sheriff - practical advice?



## Dublin_Guy (22 Dec 2009)

My business (a limited company) collapsed earlier this year, leaving me unemployed and massively in debt. The landlord continued to pursue me for rent arrears (I’d signed a personal guarantee along with other directors). He recently got his judgement for over €100,000 and has now passed it to the sheriff for execution. 

There’s no question of me having the ability to pay it, I’m struggling to just pay utilities, rent and feed myself. At this point I’ve also defaulted on all my credit cards and personal loans, though I’m making token efforts to pay. The landlord has refused all offers to even agree my share of what I owe, he wants the lot. 

I’m concerned about what the sheriff can actually / will actually seize. I’ve read the law commissions report and several other online pieces but they really don’t detail what happens in practice. I really don’t have much, all the furniture is quite old and I don’t have a car or anything of any value.

Has anybody here any practical advice on what happens?


----------



## jack2009 (22 Dec 2009)

The Sheriff will turn up some day and take goods to the value of €100,000 and they will try to take the goods that will damage you the most!

What did you do with the company and its "assets"?


----------



## Dublin_Guy (22 Dec 2009)

The sheriff has been passed the high court execution order. I'm expecting one of his agents to make contact this week. The total value of assets in the house would be less than €1000 including clothes, bedding and kitchen appliances.  I’m single and don’t have any dependents thank God. I can’t imagine what it would be like to have a family and have the sheriff visiting Christmas week.

I was only minor shareholder and director. When the company ceased trading, losses crystallised and the company became heavily insolvent. All of the tangible assets were leased and were handed back to the financing banks, stock was on reservation of title. A liquidator was appointed and has wound up the company, smaller assets were sold to cover his fees, myself and the other directors had to pay the balance.


----------



## TheShark (23 Dec 2009)

jack2009 said:


> The Sheriff will turn up some day and take goods to the value of €100,000 and they will try to take the goods that will damage you the most!


Would'nt be too sure about that Jack2009, a neighbour has the sheriff out last week over a 30k debt to Ulster Bank. He is now unemployed , in arrears with his rent and all he has in the house are living essentials. Sheriffs agent did'nt even take a look around and said that unless he had Rembrants hanging on the wall and a Lamborgini parked in the drive then theres no way the order will be executed. It was returned to the banks solicitors marked with some legal term meaning that there were no assets to seize.


----------



## jack2009 (30 Dec 2009)

TheShark said:


> Would'nt be too sure about that Jack2009, a neighbour has the sheriff out last week over a 30k debt to Ulster Bank. He is now unemployed , in arrears with his rent and all he has in the house are living essentials. Sheriffs agent did'nt even take a look around and said that unless he had Rembrants hanging on the wall and a Lamborgini parked in the drive then theres no way the order will be executed. It was returned to the banks solicitors marked with some legal term meaning that there were no assets to seize.


 
That is because the sheriff cannot take what is not there!


----------



## jhegarty (30 Dec 2009)

Is the judgement against your husband or the limited company ?


----------



## Brendan Burgess (30 Dec 2009)

There was an excellent programme following the Sheriff around on RTE earlier this month.  Unfortunately, it doesn't seem to be available for viewing now.[broken link removed]

Be polite to the sheriff and tell him the full story. He can't seize what is not there. It will be returned to the solicitors marked "nulla bona" which means "no goods".


----------



## Liquidator (12 Mar 2010)

If the Judgement is against the ltd company.  You should look into [broken link removed].  Once Creditors have been notified of a liquidation the sheriff is required to back off or face prosecution, as he will be prefering himself to other creditors (it is essentially theft if he takes anything)


----------



## jack2009 (12 Mar 2010)

Liquidator said:


> If the Judgement is against the ltd company. You should look into [broken link removed]. Once Creditors have been notified of a liquidation the sheriff is required to back off or face prosecution, as he will be prefering himself to other creditors (it is essentially theft if he takes anything)


 
There is a personal guarantee as outlined in OP.


----------

