Stages & Process Of Debt Collection – Irish & Cork Solicitor
1. Demand Letter
Although not a requirement, it is best practice to give a debtor one final opportunity to make payment or make a proposal. This letter will warn that legal proceedings will be issued unless payment is received within seven days.
2. Issuing legal proceedings
If a satisfactory response has not been received in that period, proceedings can be issued in either the District Court (up to €6,348.50), Circuit Court (€6,348.50 up to €38,091) or High Court (above €38,091), depending on the amount of the debt. The proceedings will either be defended, in which case a judge will decide it there is a valid claim or not, or ignored in which the creditor can seek judgement in default of apearance or in default of Defence provided service can be proved to the satisfaction of the relevant court office.
If no response is given or a judge deems there to be a valid claim for monies owed, then a judgment against the debtor is issued by the relevant court office. WARNING: A JUDGMENT DOES NOT MEAN THAT THE CREDITOR WILL BE PAID HIS DEBT. HE MUST NOW ENFORCE JUDGMENT
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