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.
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.
Approx 30 days
Proceedings in the District Court and Circuit Court may be served by registered post where the defendant is an individual. A limited liability company can be served by ordinary post. If the Debtor refuses or does not collect the Summons 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.
If a case is defended, we will discuss with you how best to proceed. Litigation is expensive and we will take you through the various steps that will then be necessary in order to obtain judgment and advise you of the costs of so doing so that you can make a fully informed decision as to whether to proceed.
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.
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.
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.
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.
An Order can be obtained instructing the Gardai to imprison the Debtor for failure to discharge monies owed. This is generally a last resort.
The option of bankruptcy, following the recent changes in law, is one which creditors may now consider as it is no longer either as expensive or as time-consuming as previously. However, since in most cases the creditor is an unsecured creditor, it may be that bankruptcy should only considered where the person has substantial assets and then only as a threat.