Managing Credit Control is always a priority for business owners and managers.

Our specialists in our Debt Recovery Unit can assist you to recover your debts, whatever their size, speedily and very cost-effectively. We provide a streamlined service, from sending demand letters and instituting Proceeding, through to obtaining Judgment and enforcing that Judgement.

What we need from you:

In order to take legal action on your behalf in a debt recovery matter we will need the following information;

• Invoices/ Statements relating to the products/ services provided

• Correct legal title for both the Creditor and Debtor –

• Individuals / Business – full name, trading name and address

• Limited Companies – full name, business address and companies registration number

If the account is disputed or acknowledgement of debt been made.

In order to familiarise you with the debt recovery process we have broken it down into three main stages;-

Step 1- Issue of Demand Letter

• Credit Checks and Company Searches are carried out to ensure all details are correct

• Letter of demand giving the debtor 14 days to make payment is sent, notifying the debtor that if payment is not received in that time further procedures may be issued.

• If no response is received after the letter of demand is sent but you do not wish to issue proceedings immediately you may request a follow up letter further warning that proceedings will be issued if payment is not forthcoming.

Step 2 – Issuing Proceedings

• Proceedings will be issued in the appropriate area and jurisdiction and will set out the parties involved, the circumstances of the debt, the amounts due and the fees claimed.

• Proceedings are brought with a view to obtaining Judgment, if undefended this can be done through the Court Office if defended a hearing date will be obtained.

• The documents will be drafted, stamped with the appropriate revenue fees, issued and served by registered post on an individual or business and by ordinary post on a limited company.

• The debtor is given a specific period in which they must respond to the proceedings after which if ignored Judgment can be obtained.

 

JURISDICTION	DISTRICT COURT	CIRCUIT COURT	HIGH COURT
Title	Civil Summons	Civil Bill	Summary Summons
Response Time	Approx 30 days	14 days	14 days
Judgment Time	30-60days	30-60days	7 days

• Substituted Service
  In the District Court and Circuit Court service is personal, proceedings must be served by registered post, a limited liability company can be served by ordinary post. If the Debtor refuses or does not collect it an application must be made to vary the method of service. It is necessary to prove that the Debtor resides or has their business address at the address given. When the application is granted the proceedings may then be served by ordinary post. In the District and High Court the next available court date is given, in the Circuit Court a hearing date must be applied for.

• Defended Hearings
  If the Debtor lodges a Notice of Intention to Defend the case will be set down for hearing, we will prepare for and attend Court with you to prove the debt.

• Judgment
  In undefended cases Judgment can be obtained through the Court Office. An Affidavit of Debt sworn by you together with the Decree of Judgment must be lodged in the Court Office and once checked will be signed by the Judge and will then be returned to us. Ready for enforcement.

• Foreign Judgments
  An application can be made to the Master of the High Court to have Judgments obtained outside Ireland (but within the EU) deemed valid in this jurisdiction. Regardless of the debt amount all such applications must be made through the High Court.

Step 3 – Enforcement
Once Judgment has been obtained you may then seek to enforce it by means of the following methods;

• Lodgement with Sheriff
  The sheriff is a court officer entitled to seize goods to discharge the debt

• Registration of Judgment
  This involves the publication of the Judgment in a trade gazette such as Stubbs Gazette.

• Instalment Order
  This involves obtaining a statement of means from the Debtor to be produced before the Courts where after examination the Judge will make an Order for repayment of the debt, the amount will be determined by what the debtor can reasonably afford and can specify weekly, monthly or full payment.

• Judgment Mortgage
  This involves registering the Judgment as a mortgage over a property belonging to the Debtor regardless of whether it is jointly owned. An Order for Sale may be sought to then force the Debtor to sell the property and discharge the debt with the proceeds of sale.

• Committal Order
  An Order can be obtained instructing the Gardai to imprison the Debtor for failure to discharge monies owed. This is generally a last resort.

• Bankruptcy
  This is an expensive option which can take a long time. It is the procedure by which the debtor's assets are realised and, after payment of preferential and secured creditors, the balance (if any) is distributed, in proportion, to unsecured creditors.

Find out about our Fees and Charges.