Judgment obtained: what happens next ?

My sister hasn't paid her Management Company for fees over the past three years, as they have never returned her messages nor have completed items on her snag list.

They set their solicitor onto her last year, and it went to court in January.

She did not attend court, but has now received a letter from the solicitor saying that judgment was obtained against her and that she has to pay up within 7 days, or else they send bailiffs in/register her in High Court Central Office/serve an Instalment Order/commence Bankruptcy proceedings.

However, should she not have heard from the Court as to what the judgment actually was ? and what her options actually are

I am having the same problems with the same Management Company (snag list not complete, letters and emails to the company going unanswered during 4 years) so am probably next on the chopping block

Cheers
Frank

Maybe you should beat them to it and initiate legal proceedings against them for breach of contract?

I don't understand how snagging is the responsibility of the management company and not the developer before the contract has closed. Perhaps you can explain?

Why on earth did she not attend court for the hearing? Seems extremely foolish. Sounds to me like she has no option other than to discharge the debt or face the prospects outlined above. What does her own solicitor advise?

Not sure if she has a solicitor in relation to this...

The snagging thing I do know about, she bought the house off the plans, paid in full, contract was closed way before the house was ready for moving in.

Keys were given as soon as it was ready, and she moved in while the snagging list wasn't completed yet. Builders came back to complete a couple of the jobs after she was persistant with them, but still left a few things undone.

franksm said:

Not sure if she has a solicitor in relation to this...

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At the first hint of legal action she really should have sought advice from one.

The snagging thing I do know about, she bought the house off the plans, paid in full, contract was closed way before the house was ready for moving in.

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Sounds extremely odd!

Keys were given as soon as it was ready, and she moved in while the snagging list wasn't completed yet. Builders came back to complete a couple of the jobs after she was persistant with them, but still left a few things undone.

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I still don't see how the management company can be held responsible for outstanding snagging issues.

Dunno... she ought to have gone to court, at least to explain things.

Should she expect an official letter explaining the judgment ? or is it left up to the prosecuting solicitor to do that in his own fashion ?

She probably can appeal it, but it's hard to have sympathy with someone who a) does not pay the management charges and b) does not go to court. Like Clubman said I cannot fathom out what the management company has to do with the snag list, nor how one would pay for a house before everything was finished. Best advise is to cut her losses and pay now.

She probably can appeal it

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Can she appeal the verdict given that as there was no hearing (i.e. was by default), there isnt anything from the hearing that can be used as a basis for appeal? I'm not sure you can appeal on the basis that you couldnt be bothered turn up for the hearing?

The management company has nothing to do with snag lists, thats the responsibility of the developer.

What do the management fees cover? Mine cover bins, maintenance, building insurance, window cleaning, general cleaning etc... (other miscellaneous items) - you cant expect to avail of these things and then not pay the fees.

ClubMan said:

I don't understand how snagging is the responsibility of the management company and not the developer before the contract has closed. Perhaps you can explain?...

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truthseeker said:

The management company has nothing to do with snag lists, thats the responsibility of the developer...

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There's a communications gap somewhere.

To me, expecting the property management company to do the snag list is a bit like complaining to Ryanair that AIB won't give me a car loan and anticipating results.

Why were the snag lists referred to the management company in the first place?

Something does not add up here to be honest...

It may well be the case that the management company is run by the developer, hence the confusion regarding their respective roles.

I presume it was a civil bill she received to go to the district court and then failed to appear? If so, then from my understanding this is not an admission of guilt. The plaintiffs would then need to write to the defendant (your sis) giving her 21 days to settle and failing a response would then apply to the circuit court for a hearing and only when the circuit court makes a judgement against her can the sherrif be called upon. To be honest if she hasn't been to a solicitor afte receiving a civil bill to appear in court she's very foolish!