Key Post Court procedure for debt cases

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Time said:
If you do nothing they will get their possession orders by default.
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Time, yes i agree, they will get their possession by default so i'm probably better to keep clear of the courts and let them have their possession or am i? What can i gain from a court appearance. Everyone will be against me and so i lose anyway.
 
Time said:
If you do nothing they will get their possession orders by default.
Click to expand...

Time, i just noticed your location is eastern europe. Are you surprised at the irish banks coming this direction or have you heard of similar cases for 3 irish properties. The banks must be getting close to the bottom of the pile as id say they must have the low lying fruit already picked. I just wish it was over judgement or not. Any thoughts.
 
Just thinking, if the irish court have a judgement already, why do they have to come to Bulgaria? They should have possession of the properties already. Or maybe they cant get possession or a judgement without first coming to Bulgaria and trying everything possible to summons me. I just dont know. My mind is thinking at 100 miles an hour not that it makes any difference to the outcome at this stage.

I wonder how long it takes for the bank to send in the sherrif to get possession of the 3 properties once the irish court gives the possession order or whatever it has to give.

Does the sherrif just take the properties and change locks and then sell them at auction.
 
The bank takes the houses and changes the locks. They then do what they like with them.

I am very intrigued as to what the bank is up to. I wonder are they seeking a money judgement in BG to secure against property locally? This is quite bizarre. This is the first case I have heard of where they have issued proceedings in Bulgaria.
 
Time, yes its going to be interesting because i really dont know what they are going to secure against....what do you mean by a money judgement. What i understand is that the court in Bulgaria must inform me that a court in ireland intends to have a sitting but no idea when. I dont know what sort of judgment they are planning, must i attend or they are just informing me of the process.
 
It is quite amazing a Bulgarian court clerk hand delivering a summons to you and telling your neighbour all about it?

If you want too speed up the repossession you could write to the bank and tell them that you'll consent to the sale etc. Do you have a good job in Bulgaria and do you have assets there?
 
Hi Bronte, well thats Bulgaria for you, ex communist, its like ireland was 30 years ago. No job, its impossible to get any kinda of good work here. You just hope to get the odd small job but even that doesnt pay well so its not easy. I had an apartment with a brother of mine here but it never got finished and the builder went bust and i had a piece if land 250 sqr mt (worth about 5000 euros) but planning ran out so its more than worthless now. If thats what the bank are looking to take possession of, id be very glad to give it to them and they can fight the bust builder too.

What would you recommend i do?
Re speeding up the sale, is there any point? Will i gain anything from it. I had planned to write to the bank but now that they are gone this far, am i better to leave them at it as it cant be long before they take possession in Ireland in any case.
 
If you simply hang tight they will get their possession orders quickly. Personally there is nowt to be gained by fighting anything by attending. I would love to know what they are up to in Bulgaria. How is your Bulgarian?
It is quite amazing a Bulgarian court clerk hand delivering a summons to you and telling your neighbour all about it?
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No such thing as the Data Protection Act here. I can look up any car reg on the street and tell you who it is insured with, the policy number, the windscreen sticker number, start and expiry dates of the insurance.
 
Time, well they mustnt have their homework done unless it is a case that they have to follow a procedure by coming here with a summons first and if they cant serve it on me, i guess it gets reverted back to Ireland and then the court puts in place some sort of judgement in absence or whatever the correct wording is.

As for data protection, you're correct.....its who you know and its very easy to get info when needed especially if you're Bulgarian.
 
In order for a Bank (or any mortgagee) to obtain a posession order over a property they must make every attempt to serve this order personally on the mortgagor. I'm a bit puzzled that the order was in Bulgarian & referred to a Bulgarian Court as this would not be part of posession proceeding for an Irish property. You would be well advised to go to a local solicitor to obtain an explanation of the proceedings to be taken against you and the consequences of you not appearing in Court. Ignoring the summons may lead to some consequences of which you are currently unaware.
 
My personal hunch is they are looking to pin a money judgement on you in BG so they can enforce it against any assets in BG.

Asking an advocate would be wise, but choose carefully make sure you can trust him.

PM me and I can give you some names of trusted counsel.
 
44Brendan, thanks for the explanations. Re ignoring a summons, im not ignoring it, i havent received it and therefore i know nothing about the court dates, times, etc. on top of this i just dont have the money to spend on legal advise. I have a family to feed and im up to my eyes in borrowings so there really isnt anything the bank can get except blood. If things get stupid, i own basically nothing here, the property im living in is rented from a friend of mine and as i said before if they want the small site, they are very welcome to it and as for the investment apartment i have with my brother, well i wish the bank the best of luck with the bust builder.

Time, thanks for you advice too. Its always good to get some solid advice and help. Yes im fully aware of the legal professionals here but i hear the same about some of the services in ireland from friends of mine who have found out the the solicitor is acting on behalf of the bank and at the same time, on behalf of the client or the solicitor just plainly refuses to challenge the bank, maybe because the solicitor is already receiving worl from the bank or in one case, i was told that the Bar council had basically said that they would take the side of the banks and government. I suppose if you look at it, there is much more work for the solicitors if they work with the banks and government and they are securing their futures and their fees. Now im not saying that every solicitor is acting like this but friends of mine are telling me its a big problem over there.

So Time, thanks for the offer re legal advice but i just cant afford it. Whatever happens now, happens. Its just a waiting game.
 
44brendan said:
In order for a Bank (or any mortgagee) to obtain a posession order over a property they must make every attempt to serve this order personally on the mortgagor. I'm a bit puzzled that the order was in Bulgarian & referred to a Bulgarian Court as this would not be part of posession proceeding for an Irish property. You would be well advised to go to a local solicitor to obtain an explanation of the proceedings to be taken against you and the consequences of you not appearing in Court. Ignoring the summons may lead to some consequences of which you are currently unaware.
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44Brendan, i was looking through some of the posts and i noticed that you had said in one post " We (the bank). I can only presume that you mean you work within a bank. If so, what would you expect from a client like me in order to get to a conclusion for both parties or is it just too late? The bank have taken the legal route, spent good money and are probably nearing the completion of their procedure and a possession order. I dont want to screw it up because the properties are not being lived in and are being devalued each and every day. To be honest, pinning judgement or money judgements (not sure what they are or how they differ) means nothing to me as there is nothing to get so it makes no difference. What would you expect from me?
 
What to do when you have a judgement?

Thanks to all the previous posters - very helpful.

I now have a Judgement against me for €7500 for a visa card debt. I have tried chucking a few quid against it over the last year, but as times are beyond tight (JSA), the amount did not please them. The Civil bill came and then the judgement. I know about the stubbs and the credit rating death sentence. Are there any other major implications? and given they want 8% per annum interest, which is totally counterproductive - is it messy to try and contest it?
I dont contest the debt but the method of reminding me I owe them money has just cost another €700 and 8% to boot.
I understand the legal end of the bank now having the power to get it via one method or another but it's like they want to dig the hole deeper for me. That will make paying it even harder!!
 
The next steps will be Sheriff turning up to execute a warrant to seize goods, Judgement Mortgage and then a summons for an instalment order.
 
No goods to seize - sold most of our assets to keep head above water years ago. Only fixtures and fittings. Don't really have much of value left. Instalment order is only a legal confirmation of what I am trying to do already. Kind of like banging our head of a wall trying to drill the point into the bank.

Just have to keep giving them the few quid and see what they do next.
Was considering visiting their offices but I don't know if I would behave.
 
In a weird way I want to go to court. I want to show how bad things are to a rational person like a judge.
Is it just me or has nothing changed? The banks got away with murder and are still doing so?
They just don't get the picture at all. They ruined us and now they are still ruining us.
There tends to be very little leeway given to anyone who owes them money regardless of how you got into debt. It's just soul destroying.
 
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