If the District court is satisfied to enter judgment then you will get your signed decree from the District court and this can be sent to the Sheriff for enforcement. Debt collection. Should I use a debt collection agency when trying to collect a debt? If you wish us to deal with the debtor by way of correspondence and organising a payment plan, receipt of the payments, issuing receipts and forwarding the monies to you there will be a correspondence fee to cover this work which is not recoverable from the debtor in the absence of legal proceedings being issued. Obtain a judgement against the company by way of “summons for liquidated debt”, the amount of debt determines in what Court the summons is issued It is necessary in Ireland for the solicitor to issue an Affidavit of Debt to be completed by the claimant and returned on headed paper. And just like the debt collection procedure for the district court, you can get the sheriff for the area to execute the court order. examination of the debtor of the debtor as to means. Public authorities must pay for the goods and services that they procure within 30 days or, in very exceptional circumstances, within 60 days, Enterprises should pay their invoices within 60 days, unless they expressly agree otherwise and if it is not grossly unfair to the creditor, Enterprises are automatically entitled, without the necessity of a reminder, to interest on late payments plus compensation costs, The statutory interest rate for late payment is increased. If you are owed money, you can begin the recovery process today by calling us on (056) 77 08 972 or request a call-back by completing the form on the right of this page. Judgments of all courts can then be registered in the Central Office of the High Court and will appear in trade gazettes such as Stubb’s Gazette. Our legal fees for obtaining judgment on your behalf in undefended cases in the various Courts are as follows: If you have any queries do not hesitate to contact us and you will find that we are approachable, responsive, professional and competitive. What type of letter you choose will depend on your relationship with your debtor, how long the money is outstanding and your personal preference-you may for example decide that the softer versions is more appropriate in the first instance if you have built up a relationship with the debtor over some years. 0000023008 00000 n This is known as making a ‘cross-border’ claim. 0000015785 00000 n 0000004204 00000 n That directive repeals, with effect from 16th March 2013, an earlier directive from 2000 (Directive 2000/35/EC) on combating late payment in commercial transactions in European Communities. Contact a solicitor to discuss. 0000000956 00000 n However nowadays this procedure can be ineffective in practice as a lot of goods will be leased or supplied to the debtor with retention of title clauses in the contract or on a sale or return basis. The Debt Collection Process in Northern Ireland. But for anyone involved in small business it is no burden to carry to understand how the debt collection process works and your role in it. Where you are owed money by a company and you know the company is insolvent then you can petition the High Court to wind up the company (section 213 procedure). So whilst some debt collection procedures are relatively straightforward, some will need the assistance of a solicitor. The main provisions of the revised legislation are: As well as interest, the supplier may also charge an amount to compensate for the costs of collecting late payments. 0000007811 00000 n Private arrangement outside the court. 0000005107 00000 n We always try to obtain payment of the debts in full, but if required, we will negotiate to agree on a payment plan or a settlement figure. There are specific rules for debt collection in relation to agreements covered by the consumer credit legislation - namely the Consumer Credit Act 1995 and the European Communities (Consumer Credit Agreements) Regulations 2010. 0000009573 00000 n By clicking on any functionality anywhere on this website, you agree you are explicitly and automatically giving us your consent to the use of cookies to store your information, including the first cookie that was created when you opened this website. It is worth noting that the court process in Ireland, and particularly the enforcement, is not a speedy process and can be costly. If three fifths of the creditors in number and value accept the offer, it is deemed to be accepted. If you then receive no letter of intention to defend the summons then you are free to apply to the District court office, filing the correct documents, for a summary decree.

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