If you have a debt collection problem and you cannot get in monies owed to you Solicitors Dublin offers a comprehensive and very cost effective debt collection service.
Regardless of whether your debt needs to be pursued in the District Court, the Circuit Court or the High Court the first step in any debt collection procedure is to send a demand letter to the debtor.
Debt demand letters
There are some essential elements in a demand letter in a debt collection procedure. These include
- Who owes the debt and what kind of legal entity are they, for example sole trader, limited company, partnership and so on;
- To whom is the debt owed;
- How much is owed;
- Is there interest accruing on foot of a contract;
- Who are you;
- For what is the debt owed;
- Payment should be demanded within a specified time period;
- What will happen should the debt not be paid;
- And that the recipient should see a solicitor or legal professional.
District Court debt collection
The District Court has jurisdiction to deal with debts up to €6,348.69. If the debt is not paid on foot of the demand letter then the next step is to issue and serve a Civil Summons.
A District Court Civil Summons must include
- The District Court Area
- The District Court Number
- Details of the parties
- The amount you are claiming
- The Plaintiff’s claim
- That the debt fell due in the last 6 years
- The goods/services provided
- That there was a demand made and full particulars of the debt were furnished
- That the debtor failed to pay
- And the interest and costs which is being claimed.
Notice of Intention to Defend
If a Notice of Intention to Defend is filed then a hearing date for the case will be given by the District Court on the 1st occasion it comes before the Court.
If no Notice of Intention to Defend is filed you will be able to lodge the appropriate papers in the District Court office and obtain a Judgment against the person who owes the money.
Learn more about the Civil Summons procedure..
Circuit Court Debt collection
The Circuit Court deals with debts of €6,349 to €38,092.14 and involves the Civil Bill procedure.
High Court Debt collection
The High Court has unlimited jurisdiction to deal with debts and the procedure is the High Court Summary Summons procedure and may involve the Master of the High Court and the High Court itself.
Debt collection generally
The procedure used in trying to collect a debt, from issuing your demand letter in the first instance all the way through to enforcement proceedings, is critically important as a mistake in any step of the procedure can set you back critically or failing to recover anything.
For this reason you may wish to instruct debt collection solicitors to handle the matter for you.
Once you have obtained a Judgment in respect of your debt you will need to attempt to enforce your Judgment. Enforcement procedures can range from obtaining an Instalment Order in the District Court to registering a Judgment mortgage against property of your debtor.
Learn more about District Court enforcement procedures..