# what happens after judgement has been obtained?



## mabel123 (11 Aug 2014)

i have just received a letter that BOI credit card services has obtained a judgement agains me on 31 July for €7592 demanding payment within 10 days.I am not in a position to do this. They mention 4 options open to them, 2 of which are to lodge the judgement with the sheriff for execution and the other to ask for an instalment order in the District Court. Can any one tell me exactly what will happen now?


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## RichInSpirit (11 Aug 2014)

Hi Mabel. Don't let the sheriff come after you. Go to the court and offer some tiny payment per month or per week that you can afford. Or if you can't afford and payment tell the judge that. 
There's a pdf on the Irish Insolvency Service website that gives reasonable living expenses of €1029.03 per month. That's €237.47 per week. If you're income is less than this, it's my understanding that you can't pay your debt. 
But be proactive, down load the pdf file. Look at the reasonable living expenses table and do out your own living expenses. And go to court and meet the judge and explain your case. 
And don't worry too much!


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## mabel123 (11 Aug 2014)

RichInSpirit said:


> Hi Mabel. Don't let the sheriff come after you. Go to the court and offer some tiny payment per month or per week that you can afford. Or if you can't afford and payment tell the judge that.
> There's a pdf on the Irish Insolvency Service website that gives reasonable living expenses of €1029.03 per month. That's €237.47 per week. If you're income is less than this, it's my understanding that you can't pay your debt.
> But be proactive, down load the pdf file. Look at the reasonable living expenses table and do out your own living expenses. And go to court and meet the judge and explain your case.
> And don't worry too much!


Thanks, Rich. To be honest I'm not at all worried since I have nothing that would make it worth the Sheriff's while to seize any of my very few possessions. If they choose the court option I will certainly go. I am currently on Jobseekers and in 2 years time I will be on pension and I shall enjoy seeing the Judge's reaction to such a time wasting exercise. I just really want to know what happens, time scales, etc. Does the Sheriff just arrive without warning? What if I'm not here? etc etc. How long before they bring me to court?


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## RichInSpirit (12 Aug 2014)

I haven't had any judgements against me so far but came rather close lately. 
From reading your first post I'd say you have to approach your local district court.
Get the number in the book and ring them and ask for the procedure.
As far as I know a judgement might come against you down the line if you sell property or something of value. The full €6000 and maybe more could be taken at that stage. It could also affect your next of kin.
If you get no good answer from the court ring a solicitor and ask their opinion.


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## mabel123 (12 Aug 2014)

I rang the BOI solicitors and was informed that they will be going to court again to seek an instalment order, rather than instructing the Sheriff. Seemingly I cannot attend this court hearing to inform the judge of the reasons for my inability to pay. Since I have no property, nor any goods to sell, nor any next of kin, they may get on with it. I informed the BOI solicitors of these facts by phone and in writing. Thanks for your input.


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## RichInSpirit (12 Aug 2014)

Their solicitors work for the bank. I wouldn't take any of their advice at face value.


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## mabel123 (12 Aug 2014)

oh, I know this.....they are the only ones making any money out of this. I'm not losing any sleep....


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## mabel123 (12 Aug 2014)

In fact, as soon as I am notified of the court date I shall lodge a letter with the Clerk of the Court explaining my circumstances and leave it at that.


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## no_moolah (12 Aug 2014)

If they opt for an instalment order you will be sent out a summons to attend court for this so you will be given the opportunity to show your income and expenditure. The judge will then decide what you should pay monthly or weekly. If you do not adhere to this agreement you are in breach of a court order and could be committed to prison so be careful not to default on your payments. Obviously if your circumstances change you can get the order changed but don't just stop paying.


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## demoivre (12 Aug 2014)

mabel123 said:


> I rang the BOI solicitors and was informed that they will be going to court again to seek an instalment order, rather than instructing the Sheriff. *Seemingly I cannot attend this court hearing* to inform the judge of the reasons for my inability to pay.



This is incorrect. If you don't attend this hearing you run the risk of the judge granting an installment order against you that is unaffordable.


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## Gerry Canning (12 Aug 2014)

Mabel; 

If Boi want to go for instalment order they will need to advise you of court date to give you an opportunity to present your circumstances.
Quite simply if you do not have repayment capacity it is a pointless type exercise.
You need to simply and clearly present your circumstances (bring along statements/Social welfare slips etc)
I would suggest that if judge accepts your inability to pay ,it ends!

However , 
1. Boi may genuinely believe you have (other) income.
2. Boi may just be pushing , to see have you any extra funds.
3. Your case may just be one of many and is caught in a trawl of non -payers.

Suggest; 
Write registered note to Boi solicitors and request they advise you when court is to come up. 
Also re-represent your current poor position.
In this way if you (miss) court you have proof of trying to attend and figures sent showing inability to repay.
Also do not phone, keep everything in writing. 

Bottom line = if you don,t have free funds , what is point of court?


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## mabel123 (12 Aug 2014)

no_moolah said:


> If they opt for an instalment order you will be sent out a summons to attend court for this so you will be given the opportunity to show your income and expenditure. The judge will then decide what you should pay monthly or weekly. If you do not adhere to this agreement you are in breach of a court order and could be committed to prison so be careful not to default on your payments. Obviously if your circumstances change you can get the order changed but don't just stop paying.


Yes.....I have just spoken to the Clerk of the Court who has told me all of this, so the BOI solicitors were misinforming me. What a surprise.


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## ClaireM (12 Aug 2014)

no_moolah said:


> If they opt for an instalment order you will be sent out a summons to attend court for this so you will be given the opportunity to show your income and expenditure. The judge will then decide what you should pay monthly or weekly. If you do not adhere to this agreement you are in breach of a court order and could be committed to prison so be careful not to default on your payments. Obviously if your circumstances change you can get the order changed but don't just stop paying.


 

In order for a debtor to be committed to prison for defaulting on an instalment order my understanding is that the case must go back to court, the debtor can get Criminal Legal Aid and the creditor must establish beyond reasonable doubt that the debtor has the means to pay but is wilfully refusing to do so.

I imagine that might be a difficult task where someones only income is social welfare


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## mabel123 (12 Aug 2014)

ClaireM said:


> In order for a debtor to be committed to prison for defaulting on an instalment order my understanding is that the case must go back to court, the debtor can get Criminal Legal Aid and the creditor must establish beyond reasonable doubt that the debtor has the means to pay but is wilfully refusing to do so.
> 
> I imagine that might be a difficult task where someones only income is social welfare


Quite.....which is why I am not losing sleep over any of this. It just annoys me intensely that Belgard Solicitors told me that I would not be able to appear in court and that an instalment order would be made without my input. The Waterford Clerk of the Court confirmed that this is rubbish and went above and beyond to explain exactly what the process is....lovely woman.


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