Letter from Solicitors re Sherriff

TonyMac

I am renting a house and a letter arrived addressed to a previous tenant. It says that this person owes money and unless this money is paid within 7 days (of 9 November 2011) the account will be forwarded to the Sheriff for collection.

I rang the landlord and she doesn't know where this person is (she thinks Hungary). The person last lived there about '4 or 5' years ago.

The tenancy is registered with the PRTB and I have a lease.

The Big Red Button

Why would you open a letter that was addressed to someone else?

TonyMac

chatterpillar wrote: »

Why would you open a letter that was addressed to someone else?

I rang the landlady and she advised me to open it and read it out to her. I am glad I did frankly.

tfitzgerald

Reply to the solicitors letter explain your story and you should have no problems

Our man in Havana

People should not be opening mail not addressed to them.

TonyMac

Our man in Havana wrote: »

People should not be opening mail not addressed to them.

If she hadn't told me to open it how would I have known that this was going to happen?

Our man in Havana

The sheriff cannot take your stuff so no problems for you.

Mr. Presentable

Letter not addressed to OP, should not have opened it.
Not addressed to LL either, so no authority to instruct OP to open it.

OP has no concerns re Sherriff - he is only interested in previous tenant

TonyMac

I suppose that you are all right. I shouldn't have opened the letter. It is also marked Private and Confidential. But if someone goes away and there is no forwarding address how can the landlord tell the solicitor that they have the wrong address?

So should I just ignore this now? I was told before that the Sheriff always takes stuff and you have to prove that it is yours.

the_syco

Put it in the mailbox, with "return to sender, recipient no longer lives here" written on the front.

Our man in Havana

TonyMac wrote: »

I suppose that you are all right. I shouldn't have opened the letter. It is also marked Private and Confidential. But if someone goes away and there is no forwarding address how can the landlord tell the solicitor that they have the wrong address?

So should I just ignore this now? I was told before that the Sheriff always takes stuff and you have to prove that it is yours.

You have been told wrong.

monkeypants

TonyMac wrote: »

I was told before that the Sheriff always takes stuff and you have to prove that it is yours.

No, you've mixed them up with burglars.

ResearchWill

TonyMac wrote: »

I suppose that you are all right. I shouldn't have opened the letter. It is also marked Private and Confidential. But if someone goes away and there is no forwarding address how can the landlord tell the solicitor that they have the wrong address?

So should I just ignore this now? I was told before that the Sheriff always takes stuff and you have to prove that it is yours.

The Sheriff can only take the goods of the person to whom the judgement relates. If any further letters arive for that or any other person just put "return to sender peron no longer living here" on the envelope and pop in post box.

Wile E. Coyote

ResearchWill wrote: »

The Sheriff can only take the goods of the person to whom the judgement relates. If any further letters arive for that or any other person just put "return to sender peron no longer living here" on the envelope and pop in post box.

Does the person have to be present? I.e could the Sherriff enter the premises to remove the goods if the OP isn't there?

Our man in Havana

They can make a peaceful entry, i.e. doors or windows left open.

Our man in Havana

The sheriff is a court officer or a Revenue official who is empowered by law to seize goods from debtors to pay court orders or tax assessments.

tfitzgerald

monkeypants wrote: »

No, you've mixed them up with burglars.

Burglars /sheriff same difference

Shelflife

Seriously ??

They can break in and take your property just because you left a window open?

What happens if they do this and take propert that belongs to a third party?

Our man in Havana

Shelflife wrote: »

Seriously ??

They can break in and take your property just because you left a window open?

What happens if they do this and take propert that belongs to a third party?

They have to return it.

Wile E. Coyote

Shelflife wrote: »

What happens if they do this and take propert that belongs to a third party?

That was going to be my next question and the response you'd probably get back if it did happen is 'We sent out a letter....'

ResearchWill

Section 12 of the 1926 Act allows trhem to break in, but I have never heard of this been done.

"
12.—(1) No action shall lie against an under-sheriff who has complied with the conditions hereinafter stated for or on account of his having entered or broken into any lands, house, close, or other premises for the purpose of taking in execution any goods, animals, or other chattels which were or might be on or in such lands, house, close, or premises, or for or on account of any injury occasioned to such lands, house, or premises by or in the course of such entry or breaking in.

(2) The conditions hereinbefore mentioned are:—

(a) that before breaking into any dwellinghouse or other building the under-sheriff shall make reasonable efforts to enter peaceably and without violence, and

(b) where the under-sheriff breaks and enters the premises of a person other than the person against whom he has been called upon to enforce an execution order, he shall either have had reasonable grounds for believing that there were some goods, animals, or chattels of such last-mentioned person in such premises or he shall actually find some such goods, animals, or chattels in such premises.

Our man in Havana

A sheriff would not break in. The liability if he got it wrong would be possibly huge.

ResearchWill

Our man in Havana wrote: »

A sheriff would not break in. The liability if he got it wrong would be possibly huge.

While I agree that a sheriff would not break in the 1926 act it seems gives him blanket protection. "No action shall lie against an under-sheriff who has complied with the conditions hereinafter"

Dymo

edit: double post

Dymo

The time the documentary about the revenue sheriff was on television, the Sherriff was boasting that they have even more rights than the Gardai, they have the right to cut locks to gain entry without a warrant to recover assets.

Our man in Havana

All boast.

They do not use such methods in practice. All a scare tactic.

Spideog Rua

I'm very sorry to bump an old thread, but it is partially relevant and i would like some advice if anyone can help.

My housemate recieved a letter from the office of the sheriff here in Dublin asking for payment of a large amount or they will seize his belongings. He doesnt have the means to pay, so has accepted that the sheriff will come to the house and take his stuff. I want to do whatever i can to help him, but also dont want any of my belongings taken mistakenly.

When/If the sheriff does come to the house, can i simply say what is mine )ie most of the contents are mine or the landlords) or do i need to have proof of purchase/ownership? What if i'm not there when he calls?

My housemate doesnt actually own much other than clothes, a few dvd's and an old laptop. Pretty much everything is either mine or the landlords.

Thanks for any advice/guidance.

Spideog Rua

Any advice guys?

Please and thanks

Farcear

Can't give legal advice on the forum.

However, have you tried just calling them and seeing what the story is:

http://www.dublincityreturningofficer.com/sheriffs_office.php

Dublin City Sheriff's Office


Contact us at :

Dublin City Sheriff's Office,
13 Fownes Street,
Temple Bar,
Dublin 2.

Tel: (01) 677 2110
Fax: (01) 679 7225
Email: citysheriff@eircom.net


The Office hours are:

Monday - Friday
10.00am - 12.45pm
2.15pm - 3.30pm

Spideog Rua

Farcear wrote: »

Can't give legal advice on the forum.

I didnt ask for legal advice. I'm simply asking how to stop my belongs and those of my landlord being taken if the sheriff pays a visit to my housemate.

Spideog Rua wrote: »

I'm very sorry to bump an old thread, but it is partially relevant and i would like some advice if anyone can help.

My housemate recieved a letter from the office of the sheriff here in Dublin asking for payment of a large amount or they will seize his belongings. He doesnt have the means to pay, so has accepted that the sheriff will come to the house and take his stuff. I want to do whatever i can to help him, but also dont want any of my belongings taken mistakenly.

When/If the sheriff does come to the house, can i simply say what is mine )ie most of the contents are mine or the landlords) or do i need to have proof of purchase/ownership? What if i'm not there when he calls?

My housemate doesnt actually own much other than clothes, a few dvd's and an old laptop. Pretty much everything is either mine or the landlords.

Thanks for any advice/guidance.

Condatis

When the Sheriff seizes goods they are sold by auction.

If the goods available are of little or no value he is unlikely to bother. Clothes and minor items such as DVDs would not be of interest to him, the costs of consigning them to auction would outweigh what they are likely to realize and Sheriff could be liable for the difference.

Before seizing goods the Sheriff's staff arrive to try and collect the debt. They assess the value of any property of the debtor which is in the property. Should they decide that they are going to seize the property they will arrange transport, the costs for which they will be liable and which would usually be met by whatever is realised by the sale of the goods.

If the value of the goods is unlikely to defray the costs of the seizure the Sheriff will mark the Court Order "No Property" – or some such notation and return it to the Creditor's Solicitor.

Condatis

The Sherif will not attempt to seize goods which he is persuaded are not the property of the Debtor.

His authority is not confined to property within the house. He could also seize motor vehicles and bicycles which he believes to be the property of the Debtor.

Carawaystick

Would the sherrif need to provide reasons for believing property belonged to a debtor, rather than a housemate? What standard of proof would be required?
What recourse would a third party property owner who's property was taken Without consent of the owner & with the intent of depriving the owner of it?