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Forced to sell home?What can sheriff take?

  • 16-05-2013 4:12pm
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    hello there,

    I hope you are all well.

    Got a nasty letter today which went "unless.......issue legal proceedings against you without further notice to you.Once judgement is obtained against you we will instruct the sheriff to seize your goods and/or register the judgement as a mortgage on your property and then seek an order for sale of your property."

    So, can this be done? And how would someone go about selling your house like this?

    Almost all is in the name of my wife and myself, even though the debt is in my sole name. So, can they still proceed?

    What can a sheriff take? Can he take things belonging to my wife?

    Many thanks for your help,

    John


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Contact MABS http://mabs.ie/


  • #3
    Tigger
    Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    johneym wrote: »
    hello there,

    I hope you are all well.

    Got a nasty letter today which went "unless.......issue legal proceedings against you without further notice to you.Once judgement is obtained against you we will instruct the sheriff to seize your goods and/or register the judgement as a mortgage on your property and then seek an order for sale of your property."

    So, can this be done? And how would someone go about selling your house like this?

    Almost all is in the name of my wife and myself, even though the debt is in my sole name. So, can they still proceed?

    What can a sheriff take? Can he take things belonging to my wife?

    Many thanks for your help,

    John

    its revenue right?


  • #4
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #5
    johneym
    Site Banned Posts: 344 ✭✭johneym


    thanks for the reply.

    No its not revenue. Its a service which i did not ask for and dispute.

    Its 4000 euro. Can one be forced to sell their home for this? Or what is the meaning of this "judgement as a mortgage" thing.

    Also,when they go to court to get a judgement, do they have to inform me? So I can defend?I am fully prepared to defend myself.


  • #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #7
    johneym
    Site Banned Posts: 344 ✭✭johneym


    tks,

    will the summons be sent via registered post? Where I sign? ie do they need to prove they informed me? I dont trust them.

    tks a lot


  • #8
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #9
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    johneym wrote: »
    thanks for the reply.

    No its not revenue. Its a service which i did not ask for and dispute.

    Its 4000 euro. Can one be forced to sell their home for this? Or what is the meaning of this "judgement as a mortgage" thing.

    Also,when they go to court to get a judgement, do they have to inform me? So I can defend?I am fully prepared to defend myself.

    Take a look here
    http://www.citizensinformation.ie/en/housing/losing_your_home/home_repossession.html


  • #10
    RangeR
    Registered Users, Registered Users 2 Posts: 7,265 ✭✭✭RangeR


    You don't need MABS. You need a solicitor.


  • #11
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    RangeR wrote: »
    You don't need MABS. You need a solicitor.

    For a €4000.00 debt, in which the only document issued is a letter of demand. Seems more like a budget issue at the moment.


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  • #12
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #13
    johneym
    Site Banned Posts: 344 ✭✭johneym


    thanks lads,

    Fred, who exactly will the registered letter be from? The court or their solicitor? If from them, do they have to prove they informed me? ie show or prove I received a summons?

    Thanks a lot,

    John


  • #14
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #15
    johneym
    Site Banned Posts: 344 ✭✭johneym


    But do u know Fred if they have to show this to a court ie to show they sent me?
    and what if I dont accept the letter?


  • #16
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #17
    johneym
    Site Banned Posts: 344 ✭✭johneym


    thanks Fred,

    you are a shrove of info.
    I see your point.

    Do they have to prove to the judge that they informed me?
    Also the address is wrong. Does that make a difference?

    Tks a lot

    John


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