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Court order against former employer

  • 14-02-2012 05:52PM
    #1
    fando
    Closed Accounts Posts: 172 ✭✭


    Labour court awarded me with substantial amount of money in case against my former employer. The employer won't pay. Now, it's been around two years since my solicitor applied to a district court to pursue him through sheriff.
    My question is: would anyone know what is a rational time-frame in such cases (2 years seems to me long enough)?

    By the way, my solicitor at the very beginning told me I might never see this money; I nodded because I expected my employer will make problems. From what I understood he had in mind inefficiency of sheriffs in recovering those debts.
    So my second question: considering I miraculously get an order against the employer, are there debt recovery firms to whom I might sell the debt and get part of the total sum?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    We don't do legal advice.

    Q.1. There is no limitation or specific timeframe for the enforcement of a judgment in practical terms (Edit: Save for the 7 year expiry of same - I didn't mean that before someone points that out - I mean undertaking the act of enforcement). What you say about the Judgment not being worth the paper it is written on re. The Sheriff is partially correct, depending on the goods owned by the employer.

    Q.2. You are already in possession of an order from a court. I do not know what further order it is you refer to.

    A legal adviser will have the various mechanisms for the enforcement of judgments available to him. If you are unsatisfied with the work your legal adviser is undertaking. Check with another firm, though note that hearing lead times would not lead me to think that there is anything a wry with the 24 months spent pursuing the former employer through the District Court processes.


  • #3
    fando
    Closed Accounts Posts: 172 ✭✭fando


    I didn't ask for legal advice, just for someone's experience of the process. Thanks for reply
    Re second question. Is it possible after I get the judgement from the District Court (enforcing to pay) to skip the sheriff and employ a private company to recover debt. (I don't exactly know the procedure so this might be flawed idea.)


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    That's why you need legal advice. There is a procedure. The matter of a debt collection firm should not arise, as your solicitor will be acting in that capacity at this time.


  • #5
    fando
    Closed Accounts Posts: 172 ✭✭fando


    Tom Young wrote: »
    The matter of a debt collection firm should not arise, as your solicitor will be acting in that capacity at this time.
    Yes, that's clear.
    Sometimes it's difficult to get a straightforward answer from solicitor.


  • #6
    OldmanMondeo
    Registered Users, Registered Users 2 Posts: 3,009 ✭✭✭OldmanMondeo


    Had something Similar before, applied for a winding up order against them. Sorted in Days.


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  • #7
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Winding up orders are not supposed to be used for debt collection purposes unless serious cause can be shown. As you have an order a solicitor should be able to assist. WU Orders have specific requirements that go with them, etc.


  • #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    OldmanMondeo wrote: »
    Had something Similar before, applied for a winding up order against them. Sorted in Days.

    Only available against a company and not an individual. Very useful against a company which is still trading. I know of someone who threatened one over 6K and it was paid out rapidly.


  • #9
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,768 ✭✭✭✭Marcusm


    Tom Young wrote: »
    Winding up orders are not supposed to be used for debt collection purposes unless serious cause can be shown. As you have an order a solicitor should be able to assist. WU Orders have specific requirements that go with them, etc.

    Without meaning to be impertinent, this verges on the provision of advice; especially as it seeks to discourage a prospective petitioner from following a course of action which he may be perfectly entitled to take - the Companies Act specifies the circumstances in which the action may be taken and does not require "serious cause" but the circumstances specified therein.

    Petitioning for a winding up of a company may very well be a suitable course of action for a former employee in dealing with a corporate employer who is in default of a judgment against them. The OP's solicitor would be best placed to advise.


  • #10
    roy rodgers
    Registered Users, Registered Users 2 Posts: 1,492 ✭✭✭roy rodgers


    Is it possible to get a winding up order on a company that has been struck off the company office list but still trades and still owe's money to creditiors??
    I know its off the topic, just wondering!


  • #11
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Marcusm wrote: »
    Without meaning to be impertinent, this verges on the provision of advice; especially as it seeks to discourage a prospective petitioner from following a course of action which he may be perfectly entitled to take - the Companies Act specifies the circumstances in which the action may be taken and does not require "serious cause" but the circumstances specified therein.

    Petitioning for a winding up of a company may very well be a suitable course of action for a former employee in dealing with a corporate employer who is in default of a judgment against them. The OP's solicitor would be best placed to advise.

    You will undoubtedly be aware if the chancery practice direction in relation to same. Without meaning to sound impertinent.

    The end of my post above refers the OP to seek professional advice. What the Act says versus the permitted uses, and potential abuses over the years have modified in practice.

    Clarification: Nothing I have posted here is to be construed as legal advice.


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  • #12
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    roy rodgers wrote: »
    Is it possible to get a winding up order on a company that has been struck off the company office list but still trades and still owe's money to creditiors??
    I know its off the topic, just wondering!

    No - The Company is technically suspended while it is struck off. There are various reasons why this may occur.


  • #13
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,768 ✭✭✭✭Marcusm


    Tom Young wrote: »
    You will undoubtedly be aware if the chancery practice direction in relation to same. Without meaning to sound impertinent.

    Is there one which restricts a person's entitlement to recourse under the law?


  • #14
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    No, not at all, but the procedure had been abused by people trying to use/abuse s.213(g) and (f) in debt collection scenarios. The judge with seisin of that list has sensibly applied other checks and balances to ensure against pressure being entered via this procedure. I believe that is the correct approach in the current climate and circumstances.

    Of course, the OPs case is entirely different and one where other procedures could be more economically invoked in lower courts rather than running off to the High Court in the circumstances. A formal legal advisor should be able to remedy and advise on this accordingly.


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