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inability to pay court costs

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  • 08-04-2012 12:31am
    #1
    cmxmph
    Registered Users Posts: 12 ✭


    i am going through a court case at the moment but it looks like i might lose. its a personal injury case and although P I A B awarded me 15000 the other side dident engage so my brief said we should go to court with it so we did. now 4 years later it looks very likely that i will lose this case but theres no way i can afford to pay my briefs fees and the other sides so anybody any info on what will happen to me
    thanks
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    #2
    xxlauraxxox
    Closed Accounts Posts: 550 ✭✭✭xxlauraxxox


    what makes you think youd lose???PIAB and your own lawyer wouldnt have taken on the csae if they knew or had a feeling youd lose.some insurance companies take these things to court and will resolve outside a court room if all goes well.


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    #3
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    cmxmph wrote: »
    the other side dident engage so my brief said we should go to court with it so we did.

    Do you mean they didn't pay?


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    #4
    NoQuarter
    Registered Users Posts: 4,632 ✭✭✭NoQuarter


    juan.kerr wrote: »
    Do you mean they didn't pay?

    I assume s/he means that the other side did not agree to PIAB's valuation. This is common.


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    #5
    blueythebear
    Registered Users Posts: 1,074 ✭✭✭blueythebear


    cmxmph wrote: »
    i am going through a court case at the moment but it looks like i might lose. its a personal injury case and although P I A B awarded me 15000 the other side dident engage so my brief said we should go to court with it so we did. now 4 years later it looks very likely that i will lose this case but theres no way i can afford to pay my briefs fees and the other sides so anybody any info on what will happen to me
    thanks

    You need to discuss this with your solicitor. In fact, your solicitor should have covered this with you already.

    Often, where a case is lost, then solicitor and counsel for the plaintiff will waive their fee but this is an arrangement that would have had to be agreed beforehand as a general rule.

    If you lose, then you could be the subject of a costs order against you. This means that the Court orders that you pay the legal costs of the other side, which would be significant (tens of thousands of Euros).

    If you fail to pay, then the Defendant can obtain judgment against you allowing them to seek various orders which could involve the Sheriff seizing your goods, judgment mortgage against your property, attachment and committal, etc.

    You have a solicitor. You need to discuss these matters with them.


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    #6
    cmxmph
    Registered Users Posts: 12 ✭cmxmph


    thanks for the replys but as i dont have anything of any value and live in a council house they wont get much. i think my brief was so sure we would win that costs were never discused except the 500 euro for piab. so it looks like i will have to go to prison


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    #7
    [Deleted User]
    Posts: 0 ✭✭✭ [Deleted User]


    cmxmph wrote: »
    thanks for the replys but as i dont have anything of any value and live in a council house they wont get much. i think my brief was so sure we would win that costs were never discused except the 500 euro for piab. so it looks like i will have to go to prison

    That's only if you will not pay, not if you cannot pay. For committal to prison for failure to satisfy an order of the Court one must be shown to have wilfully disobeyed the order.


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    #8
    cmxmph
    Registered Users Posts: 12 ✭cmxmph


    that sounds a bit better and a lot less worring thanks. its my wifes case but i think i had to sign something at the begining because she has no job so i think im liable but as the only earner in a house of 4 they wouldent get much anyway maybe a tv or something


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