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Arrest warrant not exectuted

  • 06-09-2007 8:57am
    #1
    Ba_barbaraAnne
    Registered Users, Registered Users 2 Posts: 389 ✭✭


    Could somebody please tell me if there is anything to be done about gardai not serving an arrest warrant?

    My ex husband refuses to pay maintenance granted by court order which should be paid through the county court clerk's office. The Court Clerk issues warrants for his arrest for non-payment, but the gardai don't do anything about them. On one occassion recently I wrote to the officer in charge of warrants and two weeks later a garda went to serve a warrant, but as our teenage children were at their dad's house, he decided not to serve it! This warrant is now out of date and another has been issued, but it's highly unlikely that anything will be done, and as arrears of maintenance have to be collected within a specific time period, monies owed will now be lost forever.

    The law states that if a person who is supposed to pay maintenance is in arrears, they must pay up on being arrested or else serve a mandatory 3 month jail sentence. I am now owed over 1,000 euro which is badly needed, yet my ex husband is happy to leave me to get into debt caring for his children and gets away with it scot free!

    Is there anything I can do?


Comments

  • #2
    jawlie
    Closed Accounts Posts: 384 ✭✭jawlie


    I'm not sure an anonymous boards forum is the best place to get advice on such a tricky problem. Although people generally mean well, some of them will offer advice which is not accurate and may well mislead you, although may well , themselves, be convinced they are giving accurate and good advice.

    The only advice I would give you is to talk to the clerk of the court and ask his advice or, alternatively, go to your local Citizens Advice Bureau and ask for their advice on how to resolve this horrible problem.


  • #3
    Ba_barbaraAnne
    Registered Users, Registered Users 2 Posts: 389 ✭✭Ba_barbaraAnne


    Thank you, but can't get anywhere with the Clerk of the court, can't afford a lawyer to help. Will try Citizen's information alright.


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,538 Mod ✭✭✭✭johnnyskeleton


    Ba_barbaraAnne wrote:
    can't afford a lawyer to help.

    There are legal aid board law centres dotted across the country for this type of thing, as there are free legal advice centres.


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