# How to force a liquidation without a solicitor



## Florentino (12 Jan 2011)

Hi Guys,

Hopefully you can help me here. I need to force a company into liquidation but I can't afford to employ a solicitor, basically because I have no funds due to this particular company owing me. Does anyone know how I can 'force a liquidation' directly through the court system.

Also, if a company just closes its offices but takes the equipment abroad and sets up a new company using this equipment without paying the Irish company for its use, basically abandoning the Irish company and its creditors which include revenue, banks, employees as well as other struggling companies, can this be construed as fraud/embezzelment or is it even illegal..Is there anything I could do about this.

Many thanks

Florentino


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## Brendan Burgess (12 Jan 2011)

You can't force a company into liquidation. 

You can apply to the High Court to have a liquidator appointed. To succeed, I would imagine that you would have to have a judgment against them. It would be unusual to do this without a solicitor and barrister, but you could try.

Do they owe money to your personally or to a company which you own. I think that if it is a company, you must use a solicitor. A director can't go to the court on behalf of a company. 

Do you know any of their other creditors? You might get them to share the costs of the legal work.

It won't do you much good, but you could complain them to the Director of Corporate Enforcement.

Brendan


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## Florentino (12 Jan 2011)

Its money that is owed to me personally...

Thanks for your reply.....


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## Paddy199 (13 Jan 2011)

Send them a standard solicitors letter stating that you will apply to liquidate the company if you don't get paid within x number of working days.

To take company assets is theft (even by the directors) and should be reported to the ODCE and the guards.


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## Florentino (13 Jan 2011)

Hi Guys,

Thanks so much for your replies and your time....

Have sent about 500 emails asking for my money. Have also sent a '21 day letter' under the Companies act 1963 and have said that I will  force a liquidation on the company. they still have not paid, have promised numerous times that they would and broke their promises, I think the director thinks I will just go away!!!!!

I have written to the ODCE but have not informed the Guards. I will organise that.

Im living on just over 200 per week for myself and my daughter so paying a solicitor at this time is out of the question...unfortunately...I am waiting for free legal aid but that will take months and I want to be paid now. With the money I am owed I could have paid off my mortgage for over a year and I wouldn't be in the distressed state that I am in now and it seems that every corner I turn, the director has the upper hand. That is why I need to know how to go about liquidating a company as a lay person. It can be done, I just don't know how to do it. 

Again many thanks


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## Brendan Burgess (13 Jan 2011)

Hi Florentino

I have found the Companies Office very helpful. I have heard that the Courts Service is very helpful to lay litigants as well. Call in and they will probably help you.

I did not know you could get free legal aid for debt collection. Are you sure? 

Brendan


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## Florentino (13 Jan 2011)

I'm not sure, but I just applied so have to wait and see what they say....

Again, thanks for that info. I will act on it and kepp you(s) updated.

F


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