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What can a Sheriff seize

  • 09-02-2023 10:05pm
    #1
    Toby22
    Registered Users, Registered Users 2 Posts: 95 ✭✭Toby22


    Hi, asking for a friend. Her nephew lived with her for a number of years and started a business whilst there and used her address for the business. There are no assets of the business in her house, these are stored in a lock up. He is not the best with money, and she is concerned that if he defaults on Vat for example could she have the Sheriff at her door, and could some of her belongings be taken. Can’t get through to Revenue to ask. He is in rented accommodation and said he doesn’t want to change address as he living with strangers and is afraid they may open his post.


    this isn’t the correct forum I think so please redirect, thanks



Comments

  • #2
    waterwelly
    Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭waterwelly


    I'd say you will be fine.



  • #3
    Toby22
    Registered Users, Registered Users 2 Posts: 95 ✭✭Toby22


    Thanks, I couldn’t find that forum



  • #4
    walterking
    Registered Users, Registered Users 2 Posts: 1,297 ✭✭✭walterking


    Stop worrying. The sheriff can only seize goods that belong to the business. They do not and cannot take personal items.

    The revenue and the sheriff will also always come to reasonable payment terms.

    And if your friend was not a shareholder or director of the business and no business assets are at the address, then there is absolutely nothing to be concerned about.


    My guess is he/she has seen the utter tabloid sh1te programme on channel 5 - that is the UK and it does not happen that way here in any way shape or form.



  • #5
    Toby22
    Registered Users, Registered Users 2 Posts: 95 ✭✭Toby22


    Thanks for that, think she is bothered because she put her name down as company secretary which she just mentioned this evening.



  • #6
    dotsman
    Registered Users, Registered Users 2 Posts: 3,636 ✭✭✭dotsman


    https://www.boards.ie/discussion/comment/120238412#Comment_120238412

    And this is the issue. The business is registered there. The company secretary lives there. And, officially, the company owner lives there. Very hard to distinguish between personal assets and company assets. Especially if the paperwork is a shambles.

    Is the business wound down? If not, why not? If he wants to keep the business running your friend has to insist in changing the address and taking her name off the list. If it is being wound down, he needs to settle any debts (disposing of said assets if required).

    And why is someone "not the best with money" running a business and why did your friend get involved if she believed this about him?



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  • #7
    walterking
    Registered Users, Registered Users 2 Posts: 1,297 ✭✭✭walterking


    https://www.boards.ie/discussion/comment/120238690#Comment_120238690

    That is scaremongering.

    Anyone with half a brain cell will see its a residential address. They will also know what type of business it is ad what type of assets such a business may have

    They WILL NOT take personal belongings and they also have quite a bit of common sense.


    Also, the OP says "if they default" - so there does not seem to be a default yet.


    Bets advice is for the person to resign immediately as company secretary and that will be that. Change to address would be ideal too, but not essential



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