June 13, 2024 · 4 min read
Case study: the chronic debtor who ended up paying
A typical case: a community of nine homes, one owner has run up €2,640 (nearly three years of dues). Letters are ignored; at meetings he promises and does not deliver. The community is split between "poor man" and "this is taking us for fools".
The mistake of the first two years
Everything verbal: reminders in the hallway, promises at meetings with no detailed minutes, no formal statement of account. The debtor learned that nothing happened.
The turning point: an orderly process
- An exact statement of the debt, instalment by instalment, approved at a meeting with express authorisation for the chair to sue. In the minutes, with the breakdown attached.
- A certified letter with the statement and a 15-day deadline, expressly mentioning the fast-track claim and the costs.
- Silence. The fast-track claim filed (without a lawyer: the Horizontal Property Act makes it easy for community debts with the certified resolution).
The outcome
Once served by the court, the debtor paid within 20 days: the full debt plus the costs of the proceedings. There was no trial. The almost universal experience of the community fast-track claim: most people pay when the court's demand arrives — the very same person who ignored three years of letters.
The lessons
- Infinite patience is not kindness: it is financing the debtor with the money of those who do pay.
- Without records (dues issued, missed payments logged, communications dated) there is no case: orderly paperwork IS the process.
- The debtor's suspended vote (while in arrears) was applied at two meetings — lawful and instructive.
- And the neighbourly relations: surprisingly, they improved. The ambiguity was poisoning things more than the process did.
Keep reading
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