Recovery of debt over €75,000

Recovery of debt over €75,000

If you are seeking to recover a debt in excess of €75,000 legal proceedings are issued in the High Court

Step 1
Gather all invoices contracts relating to the debt as this will be used to evidence the debt.

Step 2
Issue a letter of demand for payment allowing 7 or 10 days for repayment.

Step 3
Wait 7 or 10 days

Step 4
Issue Summary Summons, if the monies have not been repaid

Step 5
Allow 8 days for the debtor to enter an appearance

Step 6
Where debtor does not respond you complete an affidavit of debt which is then lodged with the court office.

Step 7
Lodge following papers in the High Court Office

  1. Affidavit of debt.
  2. Affidavit of service.
  3. Letters waiving interest if applicable
  4. Judgment in default of appearance form
  5. Solicitors certificate, particulars of the plaintiff and defendant must be given.
  6. Fifa/Order of Fieri Facias
  7. Praecipe for fifa
  8. Memorandum of judgment

Step 9
Enforce judgment

Information which we require from you

  • Your name and address
  • Name and address of the debtor
  • Copy contract between you and the debtor (if any) and any relevant correspondence.
  • Copy invoices sent to debtor
  • Any response received from debtor in relation to the invoices raised (if any)
  • Details of any payment made on foot of the invoice
  • Amount of total debt due

Where appearance is entered by debtor

Issue motion for liberty to enter final judgment, by way of notice of motion and grounding affidavit.
Motion is heard before the Master of the High Court who may;

  • transfer the case to the High Court for hearing
  • adjourn the case
  • grant an order with liberty to enter final judgment
  • grant final judgment where both parties consent

Where the Master grants judgment on consent the following document must be lodged in the Central Office of the High Court:

  1. A copy of the Master’s Order
  2. A copy of the summons
  3. Judgment form
  4. Solicitors certificate
  5. Fifa
  6. Praecipe for fifa
  7. If interest is granted an affidavit showing the calculations.

Should you have any queries in relation to a debt due to you please complete the contact form with a brief description of your query and we will respond to you.

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