Pursuing a debt through the District Court

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Frivolous

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I have a small business operating through a Ltd. Company. We have a debt of around €2k with a private customer for goods and services supplied. The customer just won't pay for no apparent reason. I've spoken to him and he has no complaints about the goods or services - he just says he will pay sometime. I'm considering applying to the District Court Office to obtain a judgement against the debtor (to recover a debt up to €15k). It seems to be a relatively straight-forward process so I was considering doing it without engaging a Solicitor. Does anyone have experience with this process and does pursuing the Judgement without the help of a Solicitor seems reasonable?
 
T McGibney said:
Have you any reason to believe you'll ever get paid even if you obtain the judgement?
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I'd be hopeful knowing what I do about the customer - he works for a reputable state company and lives in a fine property (no guarantee that it's paid for). I would like to think that a Court judgement against him might disabuse him of the idea that the goods and service were potentially gratuitous.
 
I agree that you should pursue him.

If you are serious about it, he will probably pay.

I have an idea that a limited company cannot pursue a claim without using a solicitor. If it's a single member company, you may be able to. https://www.fod.ie/news/directors-a...lished principle,company, or any other person.

I would recommend using a solicitor. A solicitor's letter might well be enough to get the debt paid.

If I owed someone money, I think I would be more worried by legal proceedings issued by a solicitor than legal proceedings issued by Johnny Frivolous.
 
Brendan Burgess said:
I agree that you should pursue him.

If you are serious about it, he will probably pay.

I have an idea that a limited company cannot pursue a claim without using a solicitor. If it's a single member company, you may be able to. https://www.fod.ie/news/directors-ability-to-represent-a-company-in-legal-proceedings#:~:text=There is an established principle,company, or any other person.

I would recommend using a solicitor. A solicitor's letter might well be enough to get the debt paid.

If I owed someone money, I think I would be more worried by legal proceedings issued by a solicitor than legal proceedings issued by Johnny Frivolous.
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Could well be the case. He's a tricky customer. He works for our postal service so was able to convince An Post that he doesn't live at his address. My Registered letter to him was returned "addressee not know at this address" despite the fact that I know he lives there. (I even verified his address on the Electoral Register).
 
Would a letter from the company stating that the next step is the legal route maybe be worth it in case it yields results and avoids the hassle and expense of actually going legal?
 
ClubMan said:
Would a letter from the company stating that the next step is the legal route maybe be worth it in case it yields results and avoids the hassle and expense of actually going legal?
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Have already done that. Sent first one Registered Mail - he managed to avoid that as I said before. Sent another Ordinary post - I'm sure he will deny receiving that one also. I have arranged a Solicitor's appointment for next week to discuss way forward. Hopefully this whole process will be a dry-run for chasing any future unpaid debts.
 
Frivolous said:
I have arranged a Solicitor's appointment for next week to discuss way forward. Hopefully this whole process will be a dry-run for chasing any future unpaid debts.
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I think you've made the right decision here, some people might think what's the point of throwing good money after bad
I'm in the other camp of there's the principle of the matter, you worked or provided a service to this individual and you quite rightly expect to be paid and this kind of carry on, of not paying your debts should never be accepted as an acceptable thing to do
 
Brendan Burgess said:
Can you send a Registered Letter to his workplace?
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He is a Postman and starts his day in the sorting office where he picks up his mail and heads off in his van with his deliveries. I strongly suspect that he has the ability to intercept his own mail. I imagine at best that it would be a bit of a joke among the staff in the sorting office were he to receive a Registered letter there - I'd like to think that he would find a Court judgement less hilarious. He obviously has few morals - it's not a case of a disputed debt - he just doesn't want to pay (or can't, in which case he could al least engage with us) It's possible that we will never see the money but I'll do everything I can to ensure it costs him one way or another. As Cervelo said above, it's a matter of principle.
 
Frivolous said:
He is a Postman and starts his day in the sorting office where he picks up his mail and heads off in his van with his deliveries. I strongly suspect that he has the ability to intercept his own mail. I imagine at best that it would be a bit of a joke among the staff in the sorting office were he to receive a Registered letter there - I'd like to think that he would find a Court judgement less hilarious. He obviously has few morals - it's not a case of a disputed debt - he just doesn't want to pay (or can't, in which case he could al least engage with us) It's possible that we will never see the money but I'll do everything I can to ensure it costs him one way or another. As Cervelo said above, it's a matter of principle.
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Two tips:
Engage a solicitor.
Arrange an alternative means of certified delivery.
 
Frivolous said:
It's possible that we will never see the money but I'll do everything I can to ensure it costs him one way or another. As Cervelo said above, it's a matter of principle.
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100% agree, I'd make him earn every cent of that money in anxiety and stress as he runs himself in circles trying to avoid paying.

I'd also make a complaint to an Post in relation to the non delivery of this registered letter. He's committed a serious breach of his duties if he's supposed to be delivering post, regardless of whether it's to himself.

Copy the complaint through the usual channels and copy the CEO, David Mc Redmond on the complaint.

Keep emotion out of it, keep the complaint clear and to the point.
 
Persia said:
100% agree, I'd make him earn every cent of that money in anxiety and stress as he runs himself in circles trying to avoid paying.

I'd also make a complaint to an Post in relation to the non delivery of this registered letter. He's committed a serious breach of his duties if he's supposed to be delivering post, regardless of whether it's to himself.

Copy the complaint through the usual channels and copy the CEO, David Mc Redmond on the complaint.

Keep emotion out of it, keep the complaint clear and to the point.
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That's a great idea Persia - thanks. I will pursue the complaint route.
 
The registered letter failed to arrive.

It was addressed to an individual actively avoiding a debt.

Said individual is a postman on that route.

Where is the defamation?.....these are facts as disclosed by the original poster.
 
T McGibney said:
I'm not sure that's a good idea without evidence that he did it. The last thing you want is him making a vexatious claim for defamation.
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The Complaint is that the Registered Letter was returned "addressee not known at this address". The debtor verbally gave me his address. I verified the address on the Electoral Register., I know he lives there. Given that the debtor is an employee of An post I don't think there can be any misunderstanding about his address. I'm certainly not going to accuse him of any breaches of his employee duties. I will let An Post decide why the letter could not be delivered.
 
Persia said:
The registered letter failed to arrive.

It was addressed to an individual actively avoiding a debt.

Said individual is a postman on that route.

Where is the defamation?.....these are facts as disclosed by the original poster.
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If you accuse someone of specific wrongdoing in the course of carrying out the duties of their employment, and communicate that in writing to their employer, you'd better have conclusive evidence to substantiate your claim. Otherwise you're a sitting duck for a defamation action.
 
Persia said:
Wheres the accusation? The bullet points are quite clear and factual; let an Post come to their own conclusions.
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Persia said:
100% agree, I'd make him earn every cent of that money in anxiety and stress as he runs himself in circles trying to avoid paying.

I'd also make a complaint to an Post in relation to the non delivery of this registered letter. He's committed a serious breach of his duties if he's supposed to be delivering post, regardless of whether it's to himself.

Copy the complaint through the usual channels and copy the CEO, David Mc Redmond on the complaint.

Keep emotion out of it, keep the complaint clear and to the point.
Click to expand...
 
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