Berwick Solicitors have a proven track record as debt collection solicitors in Ireland in the successful collection of debts for both private clients and corporate clients from debtors based both in Galway, Ireland and overseas. Debt collection in Ireland includes outstanding invoices, overdue invoices, monies owed for goods delivered or services supplied.

We, as debt collection solicitors in Ireland, provide up-front fee quotations and can customize our debt collection services to meet the needs of our clients. We can also provide detailed analysis of the debtors and a performance driven fee structure.

What court do I go to in order to pursue a debt owed to me ?

The court venue is determined by the size of the debt owed and by where either the debtor resides or where the contract that gave rise to the debt was performed.

District Court

The District Court deals with debts up to a maximum of €15,000.00.

The District Court procedure for debt collection in Ireland is as follows,

  1. We issue a letter of demand giving the debtor seven days to pay the debt due.
  2. If the debt is not paid, we issue District Court proceedings, serve them on the debtor and apply for a hearing date.
  3. Once judgment is obtained, 8 percent interest applies. Your options then are to instruct the County Sheriff to seize the debtor’s goods or to apply for an instalment order seeking payment by instalment. The latter option also provides for committing the debtor to prison where the instalment order is not complied with.

Circuit Court

The Circuit Court deals with debts between €15, 000.00 and €75, 000.00.

The Circuit Court procedure for debt collection in Ireland is as follows,

  1. We issue a letter of demand giving the debtor seven days to pay the debt due.
  2. If the debt is not paid, we issue Circuit Court proceedings and serve the proceedings on the debtor.
  3. We then proceed to obtain judgment – this involves a more detailed discussion with you at a later date.
  4. Once judgment is obtained, 8 percent judgment interest applies. Your options then are to instruct the County Sheriff to seize the debtor’s goods or to petition the court to put the company in to liquidation. You can also go back to the District Court where the debtor resides and seek an order compelling the payment of the debt by instalment.

High Court

The High Court deals with debts over €75, 000.00.

The High Court procedure for debt collection in Ireland is as follows,

  1. We issue a letter of demand giving the debtor seven days to pay the debt due.
  2. If the debt is not paid, we issue High Court proceedings and serve the proceedings on the debtor.
  3. We then proceed to obtain judgment – this involves a more detailed discussion with you at a later date.

Acting for Liquidators

As a law firm which is very experienced in acting for liquidators, we are very aware of the limited funds often available to the liquidator. Accordingly we have developed a specialized service for liquidators in respect of Section 150 applications and debt recovery proceedings. We charge flat fees (which include VAT, outlay and barrister fees if required). In advance we can provide accurate estimates so that the liquidator can budget accordingly.

Where contested by the directors and where the application is successful, the Court will usually order that the directors make a contribution towards the liquidator’s costs (in our experience it has been € 1,000.00 plus VAT per disqualified director).

We offer a comprehensive nationwide service including a debt collection service with fees based on the amounts collected.

Judgment already obtained overseas/ enforcement of overseas judgments

Where judgment has already been obtained in a country/jurisdiction outside the Republic of Ireland, we can apply to have it made enforceable in Ireland by petitioning the High Court (which is our equivalent of the UK’s Queen’s Bench). Once the application is granted by the High Court, the debtor has one month to appeal it and then you can proceed to enforce the judgment by way of instructing the Sheriff to seize goods from the debtor.

How to enforce a judgment

Once judgment is obtained in any of the courts above, interest applies at the rate of 8%. There are several options available to someone who is owed moneys under a judgment (that person is referred to as the judgment creditor).

  1. You can instruct the Sheriff to seize the goods of the debtor to the value of the judgment. This is only useful where the debtor has clearly identifiable assets. The Sheriff cannot seize personal items such as clothing, etc.
  2. You can register the judgment as a mortgage on the real property of the debtor (e.g. home, apartment, farmland, etc). Once the judgment is so registered on the property, you can then apply to the court for an order for sale of the property. Again this is useful only where the property does not have a prior registered mortgage on it which does not exceed the market value of the property.
  3. You can apply to the District Court in the district where the debtor resides for an instrumental order which compels the debtor to pay the debt by monthly or weekly instalments. If the debtor fails to pay the instalments, you can then apply for an order committing the debtor to prison for failure to pay the ordered instalments.
  4. You can have the judgment published in Stubbs Gazette or in local/national newspapers. This is effective where a debtor relies on trade credit to conduct his/her business.
  5. If the debtor is a company, you can petition the High Court to wind up the company for non-payment of its debts.

For more information about Debt Recovery / Recovery of Monies Owed or to arrange a consultation in Galway or Dublin, please contact:

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<div align="center">Amy Naughton</div>
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Amy Naughton

Solicitor

Tel: (091) 567 545 (Galway)
Tel: (01) 488 3322 (Dublin)
Email: amynaughton@berwick.ie

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