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debt collection

Our solicitor’s fees for debt collection matters are set out below.

 

There are some cases where we would need to discuss the case with your first to advise you as to the probable professional fee and outlays to expect.

 

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Debtor Demand Letters

Our demand letters, which demand payment within 7 days, are customized to your requirements. We provide three types of 7 day demand letter which we describe as

  • Soft
  • Medium
  • Hard

Our fee for sending debt collection letter is €50 which may have the desired effect; other fees will be discussed with you at your first consultation.

 

What type of letter you choose will depend on your relationship with your debtor, how long the money is outstanding and your personal preference-you may for example decide that the softer versions is more appropriate in the first instance if you have built up a relationship with the debtor over some years.

 

Correspondence fee

Our correspondence fee will arise when a debtor contacts us in relation to the demand letter with a query or perhaps looking for additional documentation, an invoice or other information.

 

When this happens we refer the issue to you in the first instance. If you wish us to deal with the debtor by way of correspondence and organising a payment plan, receipt of the payments, issuing receipts and forwarding the monies to you there will be a correspondence fee to cover this work which is not recoverable from the debtor in the absence of legal proceedings being issued.

 

Our minimum correspondence fee is €45.

 

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Legal Fees in Defended cases

In defended cases, that is where a Notice of Intention to Defend or an Appearance is entered and the debtor contests the case, our fees will include the Professional fees set out below plus our hourly charge out rate which we will notify you of prior to commencing work.

 

You will of course receive a section 68 letter setting out our fees and expected outlays or the basis on which we will charge or an estimate of our fees prior to commencing work. Each case will have it’s own particular character, level of expertise, skill and responsibility requirements and for this reason it is impossible to be absolutely definitive as to our fees in respect of defended cases.

 

Legal fees for enforcement of Judgments

To apply for an instalment order in the District Court for a Judgment already obtained or to bring committal proceedings our fee is €195 plus vat.

 

We can also

  • Register a Judgment mortgage and
  • Liaise with the Sheriff to have your judgment enforced.

Legal Fees in Undefended Cases

Our legal fees for obtaining judgment on your behalf in undefended cases in the various Courts are as follows:

DEBT AMOUNT

PROFESSIONAL FEES

ESTIMATED OUTLAYS

APPROXIMATE RECOVERABLE COSTS

€318 to €635

€150.00

€45.00

€43.23

€636 to €1,270

€195.00

€45.00

€69.34

€1,271 to €1,905

€230.00

€45.00

€94.33

€1,906 to €2,540

€295.00

€45.00

€108.16

€2,541 to €3,175

€315.00

€45.00

€133.15

€3,276 to €3,810

€330.00

€45.00

€147.95

€3,811 to €4,444

€375.00

€45.00

€176.57

€4,445 to €5,079

€425.00

€45.00

€191.94

€5,080 to €5,714

€465.00

€45.00

€220.00

€5,715 to €6,349

€525.00

€145.00

€222.00

€6,350 to €11,000

€650.00

€145.00

€222.00

€11,001 to €20,000

€990.00

€145.00

€222.00

€20,001 to €38,000

€1,350.00

€145.00

€222.00

€38,001 to upwards

€1,995.00

€295.00

€222.00

If you have any queries do not hesitate to contact us and you will find that we are approachable, responsive, professional and competitive.

By Terry Gorry Google+

New rules, the District Court (Enforcement of Court Orders) Rules 2010, came into effect in April, 2010 and deal with the enforcement of Court orders and Judgments.

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Assuming you have obtained a judgment against a debtor in the District Court or you have had a judgment or Court order given against you for a debt- what happens next?

How it the judgment enforced?

District Court (Enforcement of Court Orders) Rules 2010

The solicitor for the creditor will issue a summons for the attendance of the debtor and if served by hand must be served at least 14 days before the Court date; if served by registered post it must be served 21 days before the hearing date.

The summons will have attached to it a Statement of Means which must be filled out by the debtor and lodged in the District Court office at least 1 week before hearing.

The solicitor for the creditor will need to lodge

1. The original Decree

2. An affidavit of residency confirming that the debtor lives where the summons has been served

3. A certificate of amount due.

It is up to the Judge then to decide how much the debtor should be paying based on the statement of means and will make an order called an Instalment Order requiring the debtor to pay a fixed amount monthly or weekly.

This instalment order must then be served on the debtor and will remain in force for 12 years from the date that Judgment was granted.

If the instalment order is not complied with the creditor can issue a Summons for Failure to Comply with An Instalment order.

This next appearance in Court by the Debtor may lead the Judge to granting a Committal order committing the debtor to prison.

However since the Caroline McCann/Monaghan Credit Union case it is much more difficult to commit a debtor to prison and the Court must be satisfied that the Debtor will not pay as opposed to being unable to pay.

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Judgment mortgage

You can, as the creditor, also register a Judgment mortgage on the debtor’s property, if he is the registered owner. The power of sale of the property though on foot of a judgment mortgage can only be exercised through the courts.

Should you need any assistance arising from this article and need a solicitor feel free to contact Solicitors Dublin.

Here is a link to the legislation: District Court (Enforcement of Court Orders) Rules, 2010

By Terry Gorry Google+

In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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