statement of means
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.
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.
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