Re: Will He Go To Prison

johnplayerblue · 31-08-2005 12:56pm #1

To make a some what long story short my house mate is up in the local court for none payment of a loan from Bank of Ireland some years back i think it stands at something like 17 or 18k.
The summons is to access his means of payment which is not good as he's been out of work for the last year and and is in receipt of unemployment benefit and is at the moment moving back down to the country with his folks for a while to sort himself out.
What is the worst/best case scenario do you think?

Sleipnir · 31-08-2005 12:58pm

They'll prbably garnish his welfare payments. Or else take it all.

Kappar · 31-08-2005 3:39pm

I don't think you can go to prison for none payment of a debt. Not 100% on that though

EKRIUQ · 31-08-2005 8:21pm

If he tells his solicitor that he'll agree to pay €50 a week to BOI the Judge will probably accept it. No chance of prision, I'll guess

secret_squirrel · 31-08-2005 8:28pm

Cant he declare himself bankrupt? Or does that only work in the UK?

DublinWriter · 31-08-2005 8:33pm

I don't think prision can be used by a judge as a punishment in civil cases

jhegarty · 01-09-2005 3:18pm

DublinWriter wrote:

I don't think prision can be used by a judge as a punishment in civil cases

they got rid of Debtor's prison about a 100 years ago... so no chance of that..

he will just garnish his social welfare, i don't think they can take it all , or even a large slice of it....

Our man in Havana · 01-09-2005 7:03pm

If he can't pay he can't pay.

Prison is only for those that won't pay.

johnplayerblue · 02-09-2005 1:24pm

Thanks for the info lads! after reading this thread his mind has been put at ease some what, i say some what because of BingoBongos remarke about a solicitor which for some unknown reason he hasn't got one to represent him on the day, free leglal aid said they don't do dept cases and i guess he can't afford one so hes gona go into court next thursday with his arms swinging with no one to speak on his behalf which to my mind and depending on the humor of the judge is gona look like hes not that bothered about the whole affair! Does he really need representation on the day or will he get the chance to speak his side of things?

Maximilian · 02-09-2005 3:34pm

Kappar wrote:

I don't think you can go to prison for none payment of a debt. Not 100% on that though

Yeah you can go to prison - last resort though. Court will usually order you to pay a sum you can afford per week or whatever. This can be a relatively small amount. I saw €50 a month in one case. If you refused or neglected to pay, then you get fecked in prison. Hey, free food, shelter, man-whoring in the showers and probably the most competitive heroin market there is - sknackers' paradise!!

vector · 02-09-2005 5:50pm

Speaking generally about loans... The key is to have the debtor maintain constant repayments to the creditor, even if only a token amount. Banks like to know that you haven't done a runner, and courts like to know that you are sound and someway reliable.

RainyDay · 02-09-2005 11:24pm

He should contact MABS for advice.

KdjaCL · 02-09-2005 11:26pm

RainyDay wrote:

He should contact MABS for advice.

Do what Rainyday said get proper legal advice.

kdjac

Capt'n Midnight · 02-09-2005 11:33pm

secret_squirrel wrote:

Cant he declare himself bankrupt? Or does that only work in the UK?

I remember seeing a newspaper article from the states and the Judged ruled that the same laws applied to rich and poor. So this coloured guy couldn't declare himself bankrupt because he couldn't afford the €1,500 fee to declare himself bankrupt. :rolleyes:

rooferPete · 08-09-2005 12:46am

Hi,

AFAIK, prison is for defaulting on a previous agreement made in court, thankfully I'm not too well up on that subject.

What I do know is the bank may settle for as little as 10% if he can get his hands on that much cash by way of a family loan, court costs the bank money which they will add to the debt, of course adding to what is already uncollectable is not a good idea.

MABS do provide a very good service, they are also very good at spotting anyone who tries to abuse their service, so honesty is the best policy.

Chances are if he can get them to represent him the court appearance will not be necessary.

Best of luck.

Tony H · 10-09-2005 5:40pm

go to mabs , and write down all your means ,if its social welfare make sure you have proof of that , write down all your outgoings , food rent etc , mabs will contact the bank for you and make an arrangement to pay an ammount every week , this will normally be accepted , the only way he can go to prison is if he ignores a court order ie he goes to court and promises the judge that he will pay a certain ammount and does not ) ,NEVER do that

Re: Will He Go To Prison

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