Debt Recovery Solicitors

Professional Debt Recovery solicitors. A debt that goes unpaid will have a detrimental impact on your personal finances and your business. Let us help recover the monies due to you and limit the financial damage that arises from any unpaid debts. Having regularly advised and successfully pursued monies due from both individuals and businesses including owners’ management companies, we have the knowledge and experience to pursue any monies due to you in the most efficient and cost effective way.

From the outset of any matter relating to debt recovery, it is essential that a full review of all documents evidencing the debt is carried out in order to assess the best and most appropriate course of action. We will write to the debtor, or as the case may be, the creditor on your behalf prior to either issuing proceedings or putting forward a defence in the appropriate court.

The jurisdictions for debt recovery in the courts are as follows:

District Court: Debts up to €15,000.00

Circuit Court: Debts from €15,000.00 to €75,000.00

High Court: Debts above €75,000.00

How to begin the debt recovery process

Upon a full and careful review of any matter relating to debt recovery we can provide you with the following services:

  • Prior to initiating the debt recovery process, it is vital to identify the correct legal title of the debtor. We will carry out the necessary searches in order to determine the party or parties to communicate with. You may also wish to consider mediation at this stage and enter into a dialogue with the debtor in order reach an early settlement thereby avoiding any unnecessary costs and expenses associated with the debt recovery.
  • We will prepare and issue the applicable civil proceedings whether in the District, Circuit of High Court and prepare for service.
  • We can advise on the appropriate methods of service of the civil proceedings. In the event that the whereabouts of a debtor is unknown, we can advise you on the appropriate course of action to follow in order to locate their current whereabouts. In this event, an application for substituted service may be required.
  • We will ensure that you are represented before the court should the matter go to full hearing. In the absence of a defence we can prepare the necessary application in order to secure a judgment.

How do I enforce a Judgment Debt?

There are numerous methods available to enforce a judgment debt. We will advise you on your options some of which are outlined in brief below:

  • Upon receipt of judgment, we will advise you on the appropriate enforcement action to take in order to collect your judgment debt. You may choose to enforce the judgment debt through several methods, including by way of instructing a Sheriff to seize and sell any property belonging to the judgment debtor in order to discharge the monies due to you. The Sheriff has a duty to execute the order as soon as is reasonably practicable.
  • Instalment Orders and Committal Process may also be used to enforce a judgment debt. The judgment debtor will be examined as to their means. The court may direct the debtor to make periodical payments.
  • A Judgment Mortgage may be registered against any registered or unregistered property owned by the debtor and lasts for 12 years. When a party registers a judgment mortgage you then have the option of obtaining a well charging order against the property which in effect is a declaration made by a court that the judgment mortgage stands well charged over the property, following this a creditor may then apply for an order for sale.
  • Garnishee Orders may be sought by a judgment creditor against a debtor. In the event that the party who owes money (the judgment debtor) is in turn owed money by a third party unconnected to the proceedings, the court may order that the third party pays the amount owed to the judgment debtor directly to the judgment creditor instead of the judgment debtor.

In the event that either you or your business has been affected by any of the matters discussed above and wish to discuss debt recovery further, please contact us on (01) 8338147 or alternatively you can email us at info@collierlaw.ie .