Johnston Solicitors act in debt recovery in an efficient and cost-effective manner. We appear before the District, Circuit and High Court.
The debtor must always be made aware of the debt and be advised of any impending action by a creditor. The first step in a debt recovery action is the issue of a letter before action known as a Demand Letter.
Issuing and Service of a Court Proceedings
There are three Courts are present is which debt recovery proceedings can be issued;
• District Court by Claim Notice
• Circuit Court by Civil Bill
• High Court by Summary Summons
Jurisdiction of Courts
It is probably true that most people would prefer to avoid the courts. However, this is not always possible. Creditors will at some stage or another find themselves having to engage with the court system to recover debts.
The amount of the debt will determine which court in which the claim is taken. At present the monetary jurisdiction of the courts are a follows;
• District Court - up to €15,000
• Circuit Court - €15,000 to €75,000
• High Court - Amounts over €75,000
Johnston Solicitors act in the enforcement of Judgments. The main ways of enforcing judgments are;
• Registration of the judgment;
• Execution against goods by either the Sheriff or Country Registrar depending on the location of the debtor;
• Judgment mortgage;
• Installment orders;
• Committal orders;
• Attachment of earnings;
• Attachment of a debt/Garnishee orders;
• The appointment of a receiver;
• Bankruptcy proceedings;
• Liquidation in the case of a Company
All debt collectors, including private individuals and debt collection agencies, are covered by Section 11 of the Non-Fatal Offences against the Person Act 1997 (Harassment and intimidation). This provides that a person is guilty of an offence if he/she makes any demand for payment of a debt and if:
The debtor must always be made aware of the debt and be advised of any impending action by a creditor. The first step in a debt recovery action is the issue of a letter before action known as a Demand Letter.
Issuing and Service of a Court Proceedings
There are three Courts are present is which debt recovery proceedings can be issued;
• District Court by Claim Notice
• Circuit Court by Civil Bill
• High Court by Summary Summons
Jurisdiction of Courts
It is probably true that most people would prefer to avoid the courts. However, this is not always possible. Creditors will at some stage or another find themselves having to engage with the court system to recover debts.
The amount of the debt will determine which court in which the claim is taken. At present the monetary jurisdiction of the courts are a follows;
• District Court - up to €15,000
• Circuit Court - €15,000 to €75,000
• High Court - Amounts over €75,000
Johnston Solicitors act in the enforcement of Judgments. The main ways of enforcing judgments are;
• Registration of the judgment;
• Execution against goods by either the Sheriff or Country Registrar depending on the location of the debtor;
• Judgment mortgage;
• Installment orders;
• Committal orders;
• Attachment of earnings;
• Attachment of a debt/Garnishee orders;
• The appointment of a receiver;
• Bankruptcy proceedings;
• Liquidation in the case of a Company
All debt collectors, including private individuals and debt collection agencies, are covered by Section 11 of the Non-Fatal Offences against the Person Act 1997 (Harassment and intimidation). This provides that a person is guilty of an offence if he/she makes any demand for payment of a debt and if:
- The demands are so frequent as to be calculated to subject you or a member of your family to alarm, distress or humiliation, or
- The person falsely represents that criminal proceedings lie for non-payment of the debt, or
- The person falsely represents that he or she is authorised in some official capacity to enforce payment, or
- The person utters a document falsely represented to have an official character.