Being sued when you're broke

Garlic Suplmnt

Hi, just curious about this ..... what is likely to happen if someone tries to sue you but you are unemployed, and completely broke?

Apologies if the detail is a bit scant, but that's about the length and breadth of it :pac:

coylemj

They would be wasting their time and money. If you have no tangible assets (car/house/money in the bank) then you're not worth suing.

the world wonders

Garlic Suplmnt wrote: »

Hi, just curious about this ..... what is likely to happen if someone tries to sue you but you are unemployed, and completely broke?

You will be entitled to free legal aid for your defence. If damages are awarded against you then you will owe them in the same way as you owe any other debt i.e. you can come to an arrangement with your creditor to pay off so much every week, or your creditor can apply to make you bankrupt.

Regardless of all this, what coylemj said is correct -- poverty is the best legal defence of all

Pat Mustard

the world wonders wrote: »

You will be entitled to free legal aid for your defence.

Civil Legal Aid covers certain matters but not others, and may not necessarily be available.

Bluegrass1

the world wonders wrote: »

You will be entitled to free legal aid for your defence. )

Free legal aid is never granted in debt cases. A persons means are of no concern in a debt case, which is purely to establish whether the person owes the money or not. Some creditors want to get a judgement even if there is little likelihood of being paid. They might get an instalment order afterwards or the debtor might get a windfall such as a lottery win or a personal injuries award. The creditor can pounce on the money if he has a judgement in his favour.

Fred Swanson

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Garlic Suplmnt

Cheers all

lOWCOUNTRY

Fred Swanson wrote: »

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Ever heard of an order of garnishee?
Ever heard of a receiver by way of equitabble execution?
Installment order is not the only way of enforcing a debt.

Fred Swanson

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Pat Mustard

Bluegrass1 wrote: »

Free legal aid is never granted in debt cases.

See here.

5.2. Legal Aid
Legal aid (representation in court or a designated tribunal) is available to persons
in civil proceedings (other than certain excluded matters) in any Irish court of law.
Law centres undertake civil law work including in the areas of family law, medical
and professional negligence, personal injury, contract, debt, social welfare and so
on.

NoQuarter

Fred Swanson wrote: »

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Could get a mareva injunction in 20 minutes to be fair.

But as you say, there's nothing to freeze so it's moot.

Bluegrass1

The Mustard wrote: »

See here.

That is the theory. Every case has to be assessed by the legal aid centres and the bulk of the money is spent on family law. It is simply never given in debt cases.

Fred Swanson

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Pat Mustard

Bluegrass1 wrote: »

It is simply never given in debt cases

Incorrect.

Legal Aid Board Annual Report 2011, p.10

The continuing downturn in the economy has meant an increase again in cases involving debt and employment.

Fred Swanson wrote: »

Or given to cases where there is no defence.

Correct.

28(2)(c)(the applicant must be) "reasonably likely to be successful in the proceedings, assuming that the facts put forward by him or her in relation to the proceedings are proved before the court or tribunal concerned"

The legal aid board also has a policy of not taking on cases that a prudent person would not bring if they were paying for their own representation (not the exact words).

lOWCOUNTRY

The Mustard wrote: »

Incorrect.

Legal Aid Board Annual Report 2011, p.10







Correct.



The legal aid board also has a policy of not taking on cases that a prudent person would not bring if they were paying for their own representation (not the exact words).

If someone admits they owe the money that is the end of it. The legal aid board will not fund a defence.

Fred Swanson

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Pat Mustard

lOWCOUNTRY wrote: »

If someone admits they owe the money that is the end of it. The legal aid board will not fund a defence.

I believe that my post addressed this issue. What is your point?

Garlic Suplmnt

The Mustard wrote: »

I believe that my post addressed this issue. What is your point?

Come on now lads - we've all had a drink