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Enforcement of judgments
Getting a judgment means that the creditor is now entitled to use various mechanisms to get the money from you. This is known as enforcing a judgment the legal term is 'execution' of the judgment. There are a number of different ways of enforcing a judgment. The creditor chooses the means and can use several different means at the same time. In general, once the creditor has a judgment order, the judgment can be enforced. Enforcement orders can be issued by court offices the creditor does not have to go back to court for the order. Creditors have 12 years from the date of the judgment to look for enforcement orders. However, if the judgment order was issued six or more years earlier, the creditor may have to apply to court for 'leave to issue execution'. Once issued, enforcement orders are generally valid for a year and may then be renewed.
Stay of execution
The courts can grant a stay of execution. This means that the enforcement of the debt is halted for a period. A stay of execution may be granted, for example, if you can show that your inability to pay is not your fault. You cannot get a stay of execution if you have not engaged with the proceedings. The following are the main ways of enforcing judgments:
Registration of the judgment Execution against goods Judgment mortgage Instalment orders, followed if necessary, by committal orders Attachment of earnings
In the case of a High Court judgment, the order directing the seizure of your goods is known as an order of fieri facias or fifa. In the case of a Circuit Court judgment, the order is known as an execution order against goods. In the case of the enforcement of a District Court judgment, the courts judgment or decree itself is sent to the Sheriff or County Registrar for execution.
As well as County Sheriffs in Cork and Dublin there are Revenue Sheriffs who enforce debts owed to the Revenue Commissioners. They have the power to collect tax debts. They can do this on the basis of a certificate of liability issued by the Collector General (the official in the Revenue Commissioners who is responsible for collecting taxes) and do not need a court order. Revenue debts can also be collected in the normal way if there is a court order.
Judgment mortgage
For information on judgment mortgages, please see our document on home repossession.
Instalment orders
The instalment order procedure is mainly used by small creditors such as shops and credit unions. It can be used for judgments given in the District, Circuit or High Court. It is also used by creditors in family law proceedings, mainly for the enforcement of maintenance orders. If you are a family law creditor, for example, if you have a maintenance order against you which has not been met, your creditor can get an attachment of earnings order.
Instalment orders are governed by the Enforcement of Court Orders Acts 1926 - 2009 and Order 53 of the District Court Rules. Your creditor can apply to the District Court in the district in which you live to have you attend the court in order to establish your means. The judge may then order payment in full or payment in instalments, taking account of your means.
the consequences of a failure to turn up in court, including the possibility of imprisonment; the options available to the judge at the hearing; the possibility that you will be arrested if you fail to turn up in court.
You are required to prepare a statement of means and lodge this at least a week before the hearing is due to take place. If you fail to turn up, without reasonable excuse, a judge can either issue an arrest warrant (this orders the Garda to bring you before the court at the earliest opportunity) or adjourn the hearing. If you are arrested and brought to court, a date is fixed for the hearing. The judge must make clear to you, in ordinary language,
that you are entitled to apply for legal aid and the consequences, including imprisonment, of failing to comply with the instalment order or of failing to appear for the hearing on the date fixed.
At the hearing, both you and the creditor may give evidence. The court has a number of options. It may vary the instalment order. Alternatively, the court may ask you to engage in mediation. MABS may be used for such mediation. The third option is to make a committal order (for a maximum of three months). This can come into effect immediately or at a later date. A committal order is an order to the Garda for your arrest and imprisonment. The creditor is obliged to establish, beyond reasonable doubt, that you have means but you are wilfully refusing to pay. The court has the power to grant you legal aid in accordance with the rules governing the criminal legal aid scheme.
Attachment of earnings
At present, attachment of earnings is available only for the purposes of paying maintenance to spouses and children.
Attachment of a debt/Garnishee
If you owe money to a creditor and another person owes money to you, then your creditor can get an order which attaches the debt owed to you by the other person. This is known as a garnishee order. Generally, it is used only in cases where there are no goods to be seized to satisfy the judgment. It is relatively rarely used in cases of consumer debt. The Revenue Commissioners have specific powers of attachment which can be exercised without a court order.
Appointment of a receiver
A receiver may be appointed over some of your assets or over future income such as rents, income of a trust fund or a pension. The law in this area is complex but it seems that a receiver cannot be appointed over future earnings.
Bankruptcy
For information on bankrutpcy, please see our bankruptcy document. Last Updated: 06/08/2010
In English As Gaeilge
Contact Us
You can contact the Money Advice and Budgeting Service (MABS) on lo-call 1890 283 438* (Monday to Friday, 9am to 8pm) and the Citizens Information Phone Service on lo-call 1890 777 121* or +353 (0) 21 452 1500 (Monday to Friday, 9am to 9pm) *Please note that the rates charged for the use of 1890 numbers may vary among different service providers.
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