PIAB

Whoknos

Hi, just curious about the powers or lack thereof of the Personal Injuries Assessment Board. I understand that if correspondence from the PIAB is ignored, then claims are likely to proceed through the courts. However, even if this does arise, and a judgement is made against a defendant, with compensation offered, what are the consequences of the defendant refusing to honour the court's order to pay? In the olden days it was off to debtors prison, but is there any modern alternative?
Thanks

Procrastastudy

Whoknos wrote: »

Hi, just curious about the powers or lack thereof of the Personal Injuries Assessment Board. I understand that if correspondence from the PIAB is ignored, then claims are likely to proceed through the courts. However, even if this does arise, and a judgement is made against a defendant, with compensation offered, what are the consequences of the defendant refusing to honour the court's order to pay? In the olden days it was off to debtors prison, but is there any modern alternative?
Thanks

I am open to correction as per usual and don't take what I say as right.

It's my understanding that the decision of the PIAB is not binding. If the a party decides not to abide by it you have to go to court.

Whoknos

Thanks Procra. However, what happens if even if the case does go to court and compensation awarded, what are the consequences of refusing to pay the amount of the judgement?

Procrastastudy

Whoknos wrote: »

Thanks Procra. However, what happens if even if the case does go to court and compensation awarded, what are the consequences of refusing to pay the amount of the judgement?

Don't thank me it might be rubbish I don't know what happens if they refuse to pay. I assume thats distinct from not able to pay?

Whoknos

Yes, I understand that there are provisions for inability to pay. My question is more concerned with what the consequences of refusal are. As I said in my OP, the olden day solution was debtors prison as far as I know. But in the absence of a debtors prison, what powers do the courts have to compel anyone to pay up on judgements?

ResearchWill

Whoknos wrote: »

Thanks Procra. However, what happens if even if the case does go to court and compensation awarded, what are the consequences of refusing to pay the amount of the judgement?

Normal enforcement proceedings which can be instalment order etc. which can end in prison for wilfull refusal to pay not a mere inability to pay.

McCrack

99.9% of defendants will have an insurance company or indeed the MIBI indemnifying in personal injury cases so the issue of the Plaintiff not getting their compensation doesn't arise in practice.

A PIAB order to pay has the same enforceability as a court order.

Cathy83

hi...There are a couple of different options to enforce a judgment. You can request the sheriff to demand payment and if they refuse, they can start seizing goods you can seek an instalment order in the District Court which if they debtor fails to pay could result in a committal to prison.

Whoknos

ResearchWill wrote: »

Normal enforcement proceedings which can be instalment order etc. which can end in prison for wilfull refusal to pay not a mere inability to pay.

And in the case of inability to pay what happens? Can a case be struck out if the defendant is unable to pay or how does it work?

Milk & Honey

Whoknos wrote: »

And in the case of inability to pay what happens? Can a case be struck out if the defendant is unable to pay or how does it work?

Inability to pay is not a defence. Judgement for a sum of money will be entered against the unsuccessful Defendant.

Whoknos

Milk & Honey wrote: »

Inability to pay is not a defence. Judgement for a sum of money will be entered against the unsuccessful Defendant.

But what difference does that make? If a person cant pay, they cant pay, and surely a civil court can't hand down criminal sentences so are there any actual consequences of having a judgement registered against someone?

Milk & Honey

Whoknos wrote: »

But what difference does that make? If a person cant pay, they cant pay, and surely a civil court can't hand down criminal sentences so are there any actual consequences of having a judgement registered against someone?

At the enforcement stage there might be an examination of means. It wo9uld be most unusual that the Court would accept a person couldn't pay a least €10 a month. It would not arise before that.
Having an unsatisfied judgement would ruin a persons credit rating and affect their employment prospects. If the Defendant was to win the Lotto at some future time the Plaintiff might be able to get his damages plus accumulated interest from the proceeds.

ResearchWill

Whoknos wrote: »

But what difference does that make? If a person cant pay, they cant pay, and surely a civil court can't hand down criminal sentences so are there any actual consequences of having a judgement registered against someone?

If as I believe your question is can you be jailed it you are unable to pay a debt, the answer is no you can not. A person facing committal proceedings is entitled to legal aid, the plaintiff must show the court that it is not mere inability to pay. The court will go through affidavit of means and satisfy its self that the person can not pay. The court also has the power to vary any instalment order at that stage.

ResearchWill

Milk & Honey wrote: »

At the enforcement stage there might be an examination of means. It wo9uld be most unusual that the Court would accept a person couldn't pay a least €10 a month. It would not arise before that.
Having an unsatisfied judgement would ruin a persons credit rating and affect their employment prospects. If the Defendant was to win the Lotto at some future time the Plaintiff might be able to get his damages plus accumulated interest from the proceeds.

Sadly there are people so heavily in debt with such high repayments that even €10 a month may not be possible. In saying that I have seen courts not look kindly on a person claiming they can't afford to pay and spending €50 a week on cigs.