OH had a partnership which was sued & lost, now sheriff is calling to sieze goods.

A

AnnH27

Guest
[FONT=Verdana, Helvetica, Arial]I hope you don’t mind me posting here but I’m sick to my stomach with worry & looking for advice.

My partner had a company with someone else, they did some work for a client which client wasn’t happy with.

The company (Not Limited) went bust but the court case went ahead a year later. It went against them & they owed money which they couldn’t pay.

Now the sheriff is going to be calling to our house next week sometime to take goods. The house is both of ours but he has nothing else in his name. I, on the other hand have my car, computer equipment & other stuff worth money. Can the sheriff take these? Could they take tv, fridge, washing machine etc?

Also, someone has told me that they go to every room in the house & go through drawers etc. Is this true?

Apologies again if this has already been covered, but I’m going out of my mind over this.
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The Sheriff is only entitled to take goods in the name of the debtor against which a judgement was obtained. Historically it was usually a prima facie exercise when a Sheriff called to a private house. Revenue Sheriff tended to be a lot more active in collecting goods. Provided you make it clear that all goods are belonging to you and not your partner the Sheriff will usually be satisfied.
 
The Sheriff can only claim goods that belong to the person against whom the Judgement is made - your partner, not you.

They will also usually look for higher value goods that could easily be sold, so they won't be taking fixture and fittings like fridges, ovens etc.

There is more information here

http://www.citizensinformation.ie/e...al_finance/debt/enforcement_of_judgments.html

I know it's a difficult time but try and relax, the sheriff's aren't gougers and they should be professional.
 
Hi AnnH27 and welcome to AAM,

Ive expanded your title somewhat to more fully reflect your question. I ve also split up your post into short paragraphs which should make it easier to read.

Have you tried searching for the term Sheriff on this board? You might get some hits.

aj
moderator
 
ajapale said:
Ive expanded your title somewhat to more fully reflect your question.
Click to expand...

Hi aj,

There is no such thing as a 'non ltd co' as mentioned in the title. The question refers to a partnership. This might sound pedantic but the advice in relation to situations involving companies differs substantially from that relating to queries regarding sole traders/partnerships. Confusion over the misuse of the word 'company' has dogged several AAM discussions recently.
 
In fairness to aj

The company (Not Limited) went bust but the court case went ahead a year later. It went against them & they owed money which they couldn’t pay.
Click to expand...
appears in the body of the first post
 
T McGibney said:
There is no such thing as a 'non ltd co' as mentioned in the title.
Click to expand...

Thanks T,

You are of course correct. My difficulty (as subeditor role) was to get the essence of the question into the title and we are restricted to the number of characters we can use. I also try to get some key words in to help others when searching.

The term "partner" is also problematic as in this case we have the OP's domestic partner and the other business partner. Generally we dont like abbreviations such as OH but in this case I used it to make the distinction.

aj
moderator

My OH had a non ltd co with another, the co was sued & lost, now sheriff is calling.
changed to:
OH had a partnership which was sued & lost, now sheriff is calling to sieze goods.
 
There are indeed but unlimited companies tend to be the preserve of large corporates, and are used normally for technical reasons, ie tax planning or to avoid having to publish public accounts. Dunnes Stores are one example. These are worlds away from the type of scenario described by the OP.
 
Ann, relax and stop worrying. Unless you have a Picasso on the wall the sheriff will not be taking anything. What do you think he could possible do with a second hand fridge etc. Your partner has nothing of value, it's just a pen pushing exercise by the sheriff.
 
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