Need to sue someone

uteotw

What's the process to sue someone who doesn't want to pay me back money he owes me for more than 1 year?

He owes me more than €1200 so I cannot go to the small claim court.
Beleive me I've been patient and tried everything to make him pay me back but now this is my last resort.

Do I need a solicitor?
If so, any solicitor can do this?
Also, can I add the cost of the solicitor to the amount the bastard owes me?

Anyone with advice or similar experience?

Thanks

PowerHouseDan

The max you can claim for in small claims is 1270.

http://oasis.gov.ie/justice/small_claims_court/small_claims_court.html

uteotw wrote:

What's the process to sue someone who doesn't want to pay me back money he owes me for more than 1 year?

He owes me more than €1200 so I cannot go to the small claim court.
Beleive me I've been patient and tried everything to make him pay me back but now this is my last resort.

Do I need a solicitor?
If so, any solicitor can do this?
Also, can I add the cost of the solicitor to the amount the bastard owes me?

Anyone with advice or similar experience?

Thanks

tinkerbell

Your best bet is checking out the Biz forums on boards as they'd probably be able to offer ya more advice there.

Karoma

Please specify the nature of the debt - did you sell something to the debtor, or provide a service...?

Regarding Small Claims court:

Claims cannot be made for debts, personal injuries or breach of leasing agreements.

A letter from a solicitor will usually do the trick if he has any sense..
But before you go that far: Make it perfectly clear in writing (registered post) to the guy that you will seek legal assistance in getting the money back. This might be enough for him to agree to work something out with you.

Litcagral

uteotw wrote:

What's the process to sue someone who doesn't want to pay me back money he owes me for more than 1 year?

He owes me more than €1200 so I cannot go to the small claim court.
Beleive me I've been patient and tried everything to make him pay me back but now this is my last resort.

Do I need a solicitor?
If so, any solicitor can do this?
Also, can I add the cost of the solicitor to the amount the bastard owes me?

Anyone with advice or similar experience?

Thanks

AFAIK the small claims court is only applicable in situations where you have been a "consumer". Your post does not say if the person owes you money in a 'personal' capacity or in a 'commercial' sense.

AARRRGH

Does this other person have any money? If not, you'll have a hard time finding a solicitor...

Did they sign a contract with you?

uteotw

As I said in my post, I CANNOT go to the small clain court as I'm owed more than €1200. I need to go to the court above that.

The bastard couldn't pay the rent for his room when we were sharing a house, so I paid for him. It went on for a year or so. Then he left the house moved somewhere else, but I was not worried because he WAS a good guy and we had many common friends. He paid me back 1/3 of the debt over a few months, but it was hard to see that money. And now he plays dead and has not even attempted to pay any small amounts.

Just a letter from a solicitor won't do anything. I know he's not reliable.
I want to take him to court.

He already knows that I'm going to sue is ass off.

So back to the point.
- Do I need a solicitor? Any solicitor?
- Can I add the solicitor's cost to the debt?

AARRRGH

As you say, he has no money. A solicitor likely won't want to waste his time on this case.

Anyway, is it just your word against his? Can he say "I gave you €200 cash a month" and can it be proved a lie?

rsynnott

uteotw wrote:

As I said in my post, I CANNOT go to the small clain court as I'm owed more than €1200. I need to go to the court above that.

The bastard couldn't pay the rent for his room when we were sharing a house, so I paid for him. It went on for a year or so. Then he left the house moved somewhere else, but I was not worried because he WAS a good guy and we had many common friends. He paid me back 1/3 of the debt over a few months, but it was hard to see that money. And now he plays dead and has not even attempted to pay any small amounts.

Did you have a written contract? Do you have any evidence? If not, I'd say you may wave goodbye to your money.

Litcagral

You would be insane to go to court on this one. He could argue that the money was a gift. Your word against his. If you lose the case costs could be awarded against you. I can't imagine any solicitor taking it in the first place.

antoinolachtnai

This guy doesn't even own a house that you could put a lien on. By the sounds of it you don't have any receipts. And you want to try and get money off him that he probably doesn't really have?

I'd say forget it. You're a generous person, and someone has screwed you. I'm sorry it happened.

Now there is a risk that you will be eaten up with anger over the whole thing. You risk losing something more important than a few hundred euros. Not only that, but you will have to invest more money in trying to get the money back.

Just forget about the whole thing. Otherwise you will be consumed by anger and you will cause a rift between you and all your common acquaintances.

Go and talk to a solicitor if you like. Be sure to ask him for a quotation for how much it will take to bring this whole thing to court before you begin.

In principle you can recover your costs. But remember, this isn't GE you're suing here. It's just some guy.

In principle you can do all this without a solicitor, but in practice you will need a solicitor.

In practice, I think you will have to summons him in the District Court. Then there will be some sort of court appearance and he'll be given the opportunity to give his side of the story. He may appear or he may not. He will either deny the debt altogether or say that he's sorry and that he just doesn't have the cash to pay you. Either way, it will be difficult for you to recover your money and costs.

It's not what you want to hear, but that's the way it's going to be.

uteotw

Well he has a car, year 2000 I think. He must be paying some stupid insurance for it. I told him to stop using it to save money and he told me he did so, but I know it a pile of bull. He's sharing a place with his girlfriend. So he has some money.

I emailed him the detailed amounts of what he owes. He never disagreed saying I was wrong on the amounts. I have all our email threads over the months saying he will pay me some money when he gets his pay check...etc...

I was just trying to see if someone has had a similar experience.

Even if it costs my I'll sue his ass off, I want this on record. So I'm going for it.

If eventually he denies owing me any money and the court agrees. I'll turn him into a black sheep to all his friends, gaa club and teammates, and relatives...etc... by telling my side of the story. What a nice email he sent for his birthday party without using bcc.

rsynnott

This is a foolish course of action and no good can come of it.

uteotw

Yes you're right... He's a fool but I don't pity him.

secret_squirrel

antoinolachtnai wrote:

Now there is a risk that you will be eaten up with anger over the whole thing. .................Otherwise you will be consumed by anger

Too late!

uteotw wrote:

If eventually he denies owing me any money and the court agrees. I'll turn him into a black sheep to all his friends, gaa club and teammates, and relatives...etc... by telling my side of the story. What a nice email he sent for his birthday party without using bcc.

uteotw

I've been pretty pissed off by the thing but not to the point of being eaten up.

Now I'm just completly cold about it and him, the worse could happen to him or his family I wouldn't give a flying fcuk.

I'm just going to methodicaly get my money back, or name and shame him. That sould entertain me for a while... I was getting bored.

Canis Lupus

I would believe that unless you had a contract taking the guy to court is not an option. We are not allowed to suggest the use of violence in this forum so I won't.

Beruthiel

Canis Lupus wrote:

We are not allowed to suggest the use of violence in this forum so I won't.

and yet you still felt the need to make a comment.

you've been posting in here long enough to know better Canis
B

stevenmu

AFAIK this counts as a personal loan, and there's no legal basis for any court to force him to repay you, even if there was a contract or proof of the loan. You're (presumably) not a licensed money lender and as such any money you lend is at your own risk. I'm not 100% sure of this but I'm sure any solicitor will at least advise you of this much for free

miju

Canis Lupus wrote:

I would believe that unless you had a contract taking the guy to court is not an option. We are not allowed to suggest the use of violence in this forum so I won't.

nice subliminal message with the bolding there Canis Lupus LOL :-)

Sleepy

stevenmu wrote:

I'm not 100% sure of this but I'm sure any solicitor will at least advise you of this much for free

You think too highly of the legal profession.

OP, if the amount you're owed isn't significantly above the 1200 limit of the small claims court, it might make sense to just sue him for that as in the scc, it's standard practice to represent yourself which could save you a fortune and make it far easier to retrieve the money you're owed.

chump

bad info! my bad!

dermot_sheehan

chump wrote:

Well according to my basic understanding of law, promises don't count for squat.
For a contract to be made, verbally or written, there needs to be an offer, acceptance, consideration and legal intent.

He had a contract with the landlord obviously, and you stepped in to bail him out. The landlord was the person who should have dealt with him.
It is possible that you were subletting to him, but from what you've said here it seems you weren't.

As I see it in your deal with him there was no consideration. He didn't actually give you anything in exchange for the money, only his "word".

Consideration only has to eminate from the person seeking to enforce, in this case the OP so he could seek to enforce the contract.


As the old adage goes, a person who represents himself has a fool for a client, but you can however sue someone yourself. You might want to see how much a solicitor would charge first as if you lose, you might have to pay the defendent's costs.

An oral contract is enforceable generally, proving it existed is another matter. One of the previous posters said the contract might be void under the Consumer Credit Act 1995 (which regulates moneylenders see here) however this only applies to someone who lends money in the course of their trade, profession or business.

It's a simple contract debt that you can sue to recover for in the district court. Of use if you're doing this yourself are the District Court rule available here

of particular note are the Schedules which must be at the top of everything you print with the name of the District Court in which you're suing, names of parties, case number, etc. Order 39 has details on how to issue a summons, in this case for breach of contract.

You need to serve the summons on the defendent (generally by registered post), you go to court, he either defends or doesn't show. If you get a judgement or default judgement you can get it executed against any personal property, bank accounts, etc he owns.


Be wary of going down this complicated line though for what really is a small debt in the great scheme of things. The problem will be proving the contract existed. He could argue that the money was a gift, considering it wasn't in writing.



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