Court and Enforcement order not legal?

Hi,

Was hoping someone could advise me on the lagality of a court judgment and enforcement order.

I fell into a dispute with a creditor a few years back.

We were writing letters back and forth for a while, inbetween this I moved home. I wrote to them and told them of my new address, however I dont think they ever changed their records.

I kept a an post forwarding setup so any mail I was sent from my old address was still received at my new home.

I then received a Court Judgment letter informing me that judgement had been made against me. This was at my old address.

I wrote to the creditor asking them why judgment had been made in my absence.

The next thing i had was a statement of means asking me to fill this in.

I filled it in and returned it to the court office.

THe next letter I had was a enforcement order.

Again I wrote to the credit asking them what was going on.

I have now since found that the enforcement order was made against me for €300 per month in my absence!

At this stage im totally confused as to whats the hell is going on.

I spoke to a friend who has completed some basic law exams an he told me that the judgement and enforcement order are illegal as they were sent to the wrong address and cannot be enforced.

Can someone advise me if this is the case? And either way please could someone tell me what the hell I need to do!

Thanks in advance for your help!

You will have to ask the court to set aside the original judgement. This is where you will need a solicitor to prepare the court papers.

The downside is there is absolutely nothing to stop the original creditor from getting a fresh judgement and they would move fast to do so.

Thanks Joe.

One final question I have is in regards to the statue of limitations.

My agreement with the creditor was terminated by them in 2004. ~They obtained judgement at the wrong address in 2009 and seeked enforcement in 2010. If the court sets aside the origional judgment are they able to make a fresh claim considering they are now just over the 6 year rule of statue of limitations?

Thanks for your help.

If your dispute relates to a loan agreement or something similar the statute of limitations starts running from the date of the last payment made, rather than the date of the agreement.

The fact that they obtained a judgement is evidence that they commenced legal action to recover the debt within the required timeframe which is all that is required under the Statute of Limitations.

As a previous poster said, if you challenge this judgement, then the creditor will simply get the address changed to the correct one.

Also, the fact is that you did actually receive the Judgement letter (and I assume other relevent correspondence) in spite of the address being incorrect.