Debt recovery is an area in which expert professional assistance is essential. Sometimes this may only require an initial approach by way of a solicitor’s letter; in other cases legal proceedings may need to be issued and served, while in some situations a court hearing is required.
For debtors we carry out an assessment of all monies owed and produce an action plan as to the most suitable way of dealing with these. The key to resolving debt issues is communication. We can liaise with each of your creditors on your behalf and endeavour to reach settlements which are acceptable to all parties. Usually a client will need some time to think about their options before returning and we will then map out a plan of action.
For creditors, the amount of the debt will dictate exactly which court proceedings should be issued. It is the District Court for amounts up to €15,000 and then the Circuit court for amounts up to €75,000. The High court then deals with debt cases for amounts over €75,000.
In cases where proceedings have been issued and there is no formal response from the debtor, then it can be possible to file the appropriate papers with the court office to obtain an automatic judgement. On the other hand, if the case is defended then it can go all the way to trial.
If a judgement is obtained then the debtor of course will be obliged to pay it. If the debtor still refuses to discharge this, a creditor has a variery of enforcement options. By way of example, this could include instructing the sheriff, obtaining a judgement mortgage, having an attachment of earnings order or a getting a garnishee order.
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*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement