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The process of debt recovery in Ireland can be a slow, arduous, frustrating and sometimes fruitless one at the best of times. Moreover the current climate has made matters even more difficult due to the fact that some individuals and companies simply lack the ability to discharge their debts. Furthermore you are bound by Court dates and Court procedures and it is often the case that the Court is reluctant to enforce Judgements against individuals who lack sufficient means.
Our team has extensive experience in the area of debt recovery and in minimising the costs associated therewith. We will also endeavour to recover sums due in a time-efficient manner. Following the taking of initial instructions, we will advise you in a frank and honest manner on various aspects of the process.
We will discuss the ability of the Debtor to repay the monies due to you and if it is likely you will be in a position to recover the debt due. Paramount in this consideration is whether the debtor has any substantial means or assets such as property that could help satisfy the debt.
Debt Recovery Proceedings
If you decide to instruct us to initiate Debt Recovery Proceedings, subsequent to our initial consultation there are a number of steps which must then be undertaken:
- The drafting and issuing of a seven day demand letter.
- Issuing of Court Proceedings for liquidated sums.
- Seeking Judgement in the Court Office (if undefended) or by way of Court hearing (if defended).
- Seeking payment on foot of Judgement.
- Publication of Judgement in Trades Gazettes.
- Enforcement of Judgement:
- Instalment Order (against individuals only)
- Committal Orders (against individuals only)
- Registering the Judgement as a Mortgage on any property owned by the debtor.
- Seeking and enforcing Well-Charging Orders and Orders for Sale.
- Winding-Up Petitions. (against companies only)
We are also happy to advise foreign companies who are seeking recovery of Judgements against companies or individuals in Ireland or who have procured Judgements in foreign Courts and wish to enforce same in this jurisdiction. The Brussels Convention governs this area of law and it involves the bringing of an application before the Master of the High Court.
If you wish to arrange an initial consultation to discuss matters further, please contact us and one of our Solicitors in our Limerick office will be happy to meet you.