Categories
Debt Problems | Bankruptcy Property Law

The Misuse of Inhibitions and Cautions to Frustrate Lenders-High Court Cancels Inhibitions on Property

Since the property crash in 2007 some hard pressed property owners, who had judgments registered against them, have used various ploys and ruses to block and thwart the holders of judgment mortgages from selling their property against their wishes.

A recent High Court case concerned this very issue and it is worth taking a look at the decision in ACC Loan Management Limited v Fryday & others. The timeline in this case is critically important and is as follows:

ACC obtained judgment for €1,301,344.44 against William and Vanda Fryday in 2009 and registered this judgment as a judgment mortgage in 2011 on certain property folios of the Frydays. In 2012 ACC sought a court order to the effect that the judgments were “well charged” on the folios in question.

The Frydays had sworn affidavits in December 2012 and January 2014 as part of the legal proceedings and did not make any suggestion or assertion that anybody else had an interest-beneficial or legal-in the property.

Then, in April 2014 and December 2014 the mother (Lavinia) and brother (Richard) of the first defendant (William) registered with the Property Registration Authority two inhibitions on the properties in question. These inhibitions were based on the mother and brother claiming to have an interest in the property and were lodged with the consent of the registered owners (William and Vanda, a married couple) of the property.

ACC had obtained a well charging order and an order for sale of the properties and now sought to have these inhibitions cancelled. Naturally, the Frydays opposed this application. ACC argued that these inhibitions were only registered by the notice parties, Lavinia and Richard, to thwart and prevent the bank from selling the property and to frustrate the bank in enforcing the judgment it had obtained against William and Vanda Fryday.

The Court, having considered the timeline set out above, held that the inhibitions claiming an interest by the Frydays (Lavinia and Richard) were only claimed when the bank went to enforce its judgment and seek the well charging order with a view to sale. The Court ordered the cancellation of the inhibitions as it found that the sole purpose of the inhibition was to prevent the bank from enforcing its well charging order.

Conclusion

The use of lis pendens, cautions and inhibitions by property owners against whom judgment has been obtained is quite common. The problem from the lender’s perspective arises when he wishes to sell and needs to cancel or vacate these burdens on the folio. It can be costly and slow to do so but the registration of such burdens is relatively straightforward with an application to the Property Registration Authority being the route to take, pursuant to the Registration of Title Act 1964.

The chilling effect of an inhibition, caution, or lis pendens is to discourage interest in potential purchasers of the property on which the burden has been registered.

Read the full decision: ACC Loan Management Limited and William Fryday and Vanda Fryday and Lavinia Fryday and Richard Fryday It is a detailed judgment and sets out how and why the Judge arrived at the decision to exercise the Court’s discretion to cancel the inhibitions.

Categories
Debt Problems | Bankruptcy Property Law

Can a Joint Tenancy Be Severed to Protect the Interest of the Judgment Free Joint Owner?

investigation-of-title

What happens if a judgment mortgage is granted against one owner of a property held as a joint tenancy. How is the other owner affected, if at all?

The High Court looked at this question in the case of ADM Mersey PLC v Bergin and Another [2020] IEHC 3, a decision handed down in January, 2020.

In this case property in Kilkenny was jointly owned by a father and son. 

The son had borrowing difficulties and a lender obtained judgment in 2010 against the son and his wife and registered this judgment as a judgment mortgage on the property jointly owned by the son with his father.

In 2013 the father changed his will to leave the land in question to his two grandchildren.

Then the father and son changed the ownership of the land from a joint tenancy to a tenancy in common. The purpose of this move was to ensure the father’s interest in the land could not be attacked by the son’s creditors as both father and son would now have a clear, divided interest in the property with each one owning a certain percentage. 

Joint tenants versus tenants in common

It is important to understand the significant difference between land owned as joint tenants and as tenants in common.

If land is owned in a joint tenancy by two parties and one passes away the land passes automatically to the other joint tenant by reason of the doctrine of survivorship. However, if the land is owned as tenants in common the interest of the deceased owner can go anywhere he chooses. In this case, the father chose to leave it to his grandchildren. 

The father died and his interest in this property then passed, in accordance with his will, to his two grandchildren.

ADM Mersey plc sought to enforce their judgment and they argued that when they registered their judgment mortgage the property was a joint tenancy and the entire property should have passed to the other joint tenant-the son-when the father passed away.

In effect, they were arguing that the purported passing of the father’s interest to the grandchildren should have been ignored as their judgment mortgage was in place first.

High Court

Mr Justice Allen decided there was nothing wrong with the father attempting to put his interest in the land beyond the reach of ADM Mersey plc. 

He held that the judgment mortgage only attached to the son’s interest in the land, the tenant in common interest.

He also held that the judgment registered against the son did not affect the father’s interest in the land, who was a joint tenant at the time of registration of the judgment.

Also, the judgment mortgage did not attach to the lands at Kilkenny but only to the son’s interest in those lands.

The judgment mortgage did not sever the joint tenancy nor did it prevent the father from doing so.

The severing of the joint tenancy by the father and son in 2013 was effective in creating a tenancy in common and ADM Mersey PLC’s judgment mortgage only attached to the son’s interest as a tenant in common. Thus, the grandchildren’s interest was unaffected.

Takeaway

Even if a judgment mortgage is registered against one owner of a property that is held in a joint tenancy that joint tenancy can still be severed and converted to a tenancy in common. This allows the non debt owing owner to put his interest in the property out of reach of the lender who has the judgment against the other owner.

Read the full decision in A.D.M. Mersey PLC v Bergin & anor, delivered on 14th January 2020 in the High Court. 

Categories
Debt Problems | Bankruptcy

Enforcement of Judgments in the District Court in Ireland

judgment in default district court

So, you have obtained a judgment against a debtor and now you wish to enforce it in the District Court or you have had a judgment given against you for a debt and you are confused as to what happens next.

It is important to understand that there is no limit on the jurisdiction of the District Court when it comes to enforcement of a Judgment so Judgment/Decree obtained in the District Court, Circuit Court or High Court can be enforced through the District Court procedures.

What happens next? How is the judgment enforced?

Serve the Defendant

A Judgment or Decree is simply a statement of the amount owing but it is no of itself an order to pay or an execution order.

So the first step after obtaining judgment is to serve it on the Defendant.

Register the Judgment

The Judgment can be registered in the Central Office of the High Court and published in trade gazettes such as Stubbs. Sometimes the threat of publication of a judgment can encourage a debtor to attempt to come to some arrangement.

Examination of the Debtor as to Means

Examination of the debtor is a procedure where the Debtor can be summoned to the District or High Court to be examined as to his/her assets and property. It is worth noting that the examination procedure cannot be carried out against companies, only natural persons.

For examination to take place a Sheriff will have to have returned “no goods” or “nulla bona” on the execution order or you as creditor will have to swear an affidavit that you believe the Debtor has no goods.

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.

Instalment Order

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. However if the debtor has no means then an instalment order is very unlikely to be made.

Debtors’ Statements of Means are generally accepted by District Court Judges unless you as creditor can show that the Statement is inaccurate.

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.

After Instalment Order

If you are successful in obtaining an instalment order against the Debtor you have a number of options in attempting to enforce your judgment/decree.

Methods of Enforcement

The most common methods of enforcement of your judgment/decree include

  • judgment mortgage
  • execution order
  • attachment and commital
  • garnishee orders (attachment of debts)
  • appointing a receiver
  • order charging a partner’s interest
  • charging order over stocks and shares
  • sequestration

We will take a look in greater detail at these methods of enforcement in another article but the most common method and perhaps the most effective if the debtor is a property owner is to register a Judgment mortgage.

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.

Read an updated version of this article here.

Categories
Debt Problems | Bankruptcy Property Law

Judgment Mortgages in Ireland-What You Should Know

judgment-mortgage

Judgment mortgages have become more commonplace in the last few years with considerable numbers of people finding themselves in difficult financial circumstances due to the property crash of 2008/9.

A judgment mortgage will only arise after the obtaining of a judgment against a debtor on foot of a debt.

The effect of then registering a judgment mortgage on a debtor’s property will be to give the registrar of the judgment mortgage priority over unsecured creditors of that debtor.

A judgment mortgage can be registered on either registered or unregistered property and it can be registered on the family home of a debtor, notwithstanding the fact that the spouse of the debtor may be a joint owner owe the debtor nothing and, in some circumstances, be unaware of outstanding debts..

Normally it is necessary to obtain the consent of a spouse to allow a charge to be registered on the family home but this is not the case with a judgment mortgage.

Land and Conveyancing Law Reform Act 2009

Under the Land and Conveyancing Law Reform Act 2009 a judgment can be registered as a judgment mortgage by applying to the Property Registration Authority and filling out the necessary forms and providing the necessary paperwork or proofs.

Part 11 of the Land and Conveyancing Law Reform Act 2009 deals with judgment mortgages.

Section 16 Land and Conveyancing Law Reform act, 2009 deals with registration of the judgment mortgage.

Section 17 deals with the effect of registration of a judgment mortgage:

117.— (1) Registration of a judgment mortgage under section 116 operates to charge the judgment debtor’s estate or interest in the land with the judgment debt and entitles the judgment mortgagee to apply to the court for an order under this section or section 31 .
[JMA 1850, ss. 7 and 8][JMA 1850, s. 8]
(2) On such an application the court may make—
(a) an order for the taking of an account of other incumbrances affecting the land, if any, and the making of inquiries as to the respective priorities of any such incumbrances,
(b) an order for the sale of the land, and where appropriate, the distribution of the proceeds of sale,
(c) such other order for enforcement of the judgment mortgage as the court thinks appropriate.
(3) The judgment mortgage is subject to any right or incumbrance affecting the judgment debtor’s land, whether registered or not, at the time of its registration.
(4) For the purposes of this section, a right or incumbrance does not include a claim made in an action to a judgment debtor’s estate or interest in land (including such an estate or interest which a person receives, whether in whole or in part, by an order made in the action) whether by way of claim or counterclaim in the action, unless the claim seeks an order—
(a) under the Act of 1976, the Act of 1995 or the Act of 1996, or
(b) specifically against that estate or interest in land.
(5) Section 74 applies to a voluntary conveyance of land made by the judgment debtor before the creditor registers a judgment mortgage against that land under section 116 as if the creditor were a purchaser for the purposes of section 74 .

Well Charging Order

The next step afforded to the judgment creditor is to apply to Court to get a Well Charging Order and Order for Sale. This is a request from the creditor to the court to recognise that their judgment mortgage is well charged on the property and to be granted an order for sale of the property.

However the court, as always, has a wide discretion to grant any order it sees fit and it can make a range of other orders as well including adjustment orders between joint owning owners and any other order it sees fit.

See section 31 Land and Conveyancing Law Reform Act 2009.

Order For Sale Execution

If and when the judgment creditor obtains an Order for Sale from court, be that Circuit Court or High Court, he will then have to go to and apply to have the property sold through the Examiner’s office in the High Court or the Circuit Court and the Courts will arrange the sale of the property by public auction.

Severance of a Joint Tenancy

Section 30 Land and Conveyancing Law Reform Act 2009 provides that a judgment mortgage does not sever a joint tenancy and the judgment mortgage will be extinguished upon the death of the debtor-that is, a surviving joint tenant has no liability for debts of the deceased joint tenant against whose interest in the property the judgment mortgage was registered.

However, section 31 of the Act allows the judgment mortgage holder to apply for a court order dispensing with the requirement to obtain the consent to sever the joint tenancy if consent is being unreasonably withheld.((e) an order dispensing with consent to severance of a joint tenancy as required by section 30 where such consent is being unreasonably withheld)

The MUINTIR SKIBBEREEN CREDIT UNION High Court Case

This is a vitally important case if you are concerned about this issue. Both the High Court and the Court of Appeal refused the credit union’s application for an order for sale where one of the spouses was unaware and was not a party to the loan agreement which gave rise to the judgment mortgage.

This case shows that the discretion afforded to the High Court to make an order for sale will be guarded jealously and it will be exercised having regard to the circumstances of each case.

Here is the judgment of the Court of Appeal.

Categories
Debt Problems | Bankruptcy

Debt Collection In Ireland-Debt Collection Procedures and Solicitors’ Fees

Debt collection in Ireland is a serious problem today, both for creditor and debtor.

The pressure on the  cash flow of many businesses and sole traders, especially with the banks in Ireland effectively closed to many SMEs, can lead very quickly to a major cash flow problem.

debt-collection-ireland

Common questions in relation to debt collection in Ireland are set out below.

If you need a solicitor, don’t hesitate to contact us through the form at the end of this page or simply use the contact numbers on our contact page.

UPDATE 2014

The procedure for debt collection has changed slightly in 2014 because of the new jurisdiction limits for each court and a new procedure in the District Court involving a different procedure with a Claim rather than a Summons. Contact a solicitor to discuss.

Questions which crop up most often include-

  • How do I pursue a debt?
  • Why can I not issue debtor proceedings for rent owed for my house?
  • Can I issue debt proceedings in the District Court myself?
  • What should I do when I receive debt collection letters?
  • What is the best way to deal with debt collection agencies?
  • Should I use a debt collection agency when trying to collect a debt?
  • Judgment mortgages?
  • Where to bring enforcement proceedings for debt collection?

Generally where the creditor lives of carries on his business. The district court will be the venue for sums less than €6,348.

District Court proceedings (sums less than €6,348)

Where you are owed a sum of less than €6,348 and have exhausted your debt collection procedure of issuing demand letters and are clearly having no success the next step in the debt collection process is to issue and serve a Civil Summons claiming your debt on your creditor.

If you then receive no letter of intention to defend the summons then you are free to apply to the District court office, filing the correct documents, for a summary decree.

This simply means that if the person who owes you the debt does not defend your claim or contest the amount, then you can get a summary decree from the district court which certifies the debt that is owed to you.

The documents you need to file in this application are-

1. An affidavit of debt sworn by yourself or by someone on your behalf ( eg company accountant, company secretary)
2. A completed decree form

If the District court is satisfied to enter judgment then you will get your signed decree from the District court and this can be sent to the Sheriff for enforcement.

A defendant can seek to have this decree set aside or varied on grounds of fraud, misrepresentation, surprise, mistake or other sufficient grounds.

Circuit Court proceedings (sums less than €38,092.14)

Again when no defence or appearance is received to your issuing of proceedings(Civil Bill) in your debt collection efforts you are free to lodge the necessary papers in the Circuit Court office to obtain judgment.

The papers to be lodged in the Circuit Court office are more extensive and you really need the help of a solicitor to do so. But because the amount of debt that the circuit court will be dealing with will be up to €38,092.14, then it will be well worth it to get a legal professional on the case.

If the debt is defended and contested then it goes to court hearing and assuming you win an award you can obtain the court order from the County Registrar.

And just like the debt collection procedure for the district court, you can get the sheriff for the area to execute the court order.

High Court (sums greater than €38,092.14)

To carry out your debt collection for sums of this magnitude you must issue a High Court Summary Summons.

Assuming that no appearance has been entered by your creditor then you can proceed to lodge the necessary papers with the Central Office of the High Court judgments section which will allow you to obtain judgment in default of appearance.

This is a technical and demanding process which will require the assistance of a solicitor.

Enforcement of Judgments

Once judgment has been obtained it should firstly be served on the defendant. Judgments of all courts can then be registered in the Central Office of the High Court and will appear in trade gazettes such as Stubb’s Gazette.

This prospect of adverse publicity can encourage a creditor to pay you promptly.

There are various procedures then for summoning before the appropriate court the debtor for the purposes of ascertaining what property and assets the debtor owns. This is a similar procedure which occurs in relation to bankruptcy.

If and when you obtain a court order or judgment against your creditor in your debt collection process another further step is to obtain a judgment mortgage on some valuable property of the creditor.

There is no monetary jurisdiction on the District Court when it comes to the enforcement of judgments.

So, regardless of which court judgment is obtained, it can be enforced in the District Court.

However, before attempting to enforce judgment there are a number of essential steps to be taken:

  1. serve the judgment on the defendant. Personal service is required for an individual; for a company you can leave it at the registered office of the company or serve by post to that office.
  2. registration of the judgment in the Central Office of the High Court. This is not essential but the threat of appearing in Stubbs Gazette and other trade journals can be an encouragement to the debtor.
  3. examination of the debtor of the debtor as to means.

Read enforcement of judgments for more information about enforcing judgments, examination, etc.

Judgment Mortgage

It is possible to register a judgment mortgage on property of the debtor, even the family home. You can then apply to the appropriate court to force the sale of the house and get paid out of the proceeds.

However the courts are reluctant to force the sale of the family home. It is important to realise that a judgment mortgage can be registered on a family home even without the consent of the non debt owing spouse.

To obtain the judgment mortgage you need to go to the appropriate court and file various documents such as details of the name of the cause, the names and addresses of the parties, the trades or professions of the parties, the location of the lands, the amount of the debt and costs and a statement from the party who is owed the money which must be sworn.

Once the judgment mortgage is obtained then it can be registered in the Land Registry or the Registry of Deeds.

Once the judgment mortgage is registered the creditor can issue proceedings for the sale of the property and if he is successful in this application then the court makes an order for sale and this sale is supervised by the Examiner of the High Court.

For this part of your debt collection procedure you will generally need the help of a solicitor. But for anyone involved in small business it is no burden to carry to understand how the debt collection process works and your role in it.

Execution Order

The execution order occurs in the latter phase of debt collection. And this is after you have obtained a court order for the debt due to you.

In this scenario you apply to the relevant court for an execution order which, if granted, is sent to the Sheriff for execution. The sheriff then writes to the debtor and has a duty to execute the execution order within a reasonable time.

He has the power to seize all the debtors’ moveable goods and has a right of entry into premises but he must not use violence and must have reasonable grounds for believing that there are defaulter’s goods on the premises.

You will then be in a position to hand over that decree to the sheriff for the area and he must attempt to execute it on your behalf.

An execution order is valid for 12 months but often if the debtor has no goods to seize then the sheriff will return the execution order to the creditor marked ‘nulla bona’ which essentially means ‘no goods’.

However nowadays this procedure can be ineffective in practice as a lot of goods will be leased or supplied to the debtor with retention of title clauses in the contract or on a sale or return basis.

However the existence of bankruptcy proceedings, receivership or liquidation complicates things and the Official Assignee in bankruptcy, the receiver or liquidator all have priority.

So whilst some debt collection procedures are relatively straightforward, some will need the assistance of a solicitor.

Attachment and Committal

This is a process where a debtor fails to abide by the terms of an instalment order (an order to pay a certain amount laid down by the court) then you can apply to the District court for an order of committal ie an order for arrest and imprisonment.

To apply for this order the you will need to lodge with the court the instalment order and a declaration of its service on the creditor.

However if the creditors failure is due to hardship or inability to pay the Judge will seldom grant a committal order.

The law has changed in this area since the Monaghan Credit Union/Caroline McCann case-read more about attachment and committal here.

Attachments of Debts(Garnishee)

Another feature of the debt collection procedure is a fairly uncommon procedure called a Garnishee.

This occurs where the creditor has no assets apart from debts due to him, then you can apply to have those debts paid to him instead. This can also occur in relation to balances in the creditors bank account, wages due to him and any other sums due to him.

Appointment of Receiver

Both the High court and the Circuit court have the power to appoint a receiver over a judgment debtor’s property to enforce a judgment. When the receiver takes possession it is held for the court who directs what shall be done with it. The receiver has the powers which are given to him by the court.

Bankruptcy

Another, and last resort procedure, in your debt collection may involve issuing bankruptcy proceedings.

If you are intending to issuing bankruptcy proceedings against a creditor you should bear in mind the following

You gain no priority in relation to your debt

Preferential claims will still be paid first ie employees, Revenue Commissioners etc.

Bankruptcy summons will only be granted by the High Court where all other avenues have been exhausted

The Bankruptcy Act 1988 provides 2 methods by which a debtor can make a formal arrangement with his creditors

A private arrangement under the control of the court which is very similar to an examinership process for companies.

This involves the debtor setting out the reasons why he is unable to pay his debts and requesting protection from proceedings including Bankruptcy.

When the protection order has been granted the debtor will meet with his creditors and make an offer to them.

If three fifths of the creditors in number and value accept the offer, it is deemed to be accepted

Private arrangement outside the court. This is a matter of contract between the debtor and his creditors and needs the support of all creditors.

Companies

Where you are owed money by a company and you know the company is insolvent then you can petition the High Court to wind up the company (section 213 procedure). This can be an effective debt collection procedure, although the courts do not like to see it used until all other debt collection avenues have been explored first.

To do this you serve a 21 day demand letter on the company; if the debt is not paid within this period the debtor is free to petition for the winding up. Again the petitioner’s debt ranks behind preferential creditors such as employees and the Revenue Commissioners.

Pursuing debt collection against a company

1. Obtain a judgement against the company by way of “summons for liquidated debt”, the amount of debt determines in what Court the summons is issued
2. Have the judgement executed by the sheriff or the county registrar
3. Have the judgement registered in the High Court which will result in publication in Stubb’s Gazette, potentially affecting debtor’s credit rating
4. Lodge an affidavit with the Property Registration Authority registering the judgement against the debtor’s property.
5. Obtain a Court Order that the company has wilfully defaulted on the payment of its debt.

The Courts have broad powers including the seizure of the company’s assets,the director’s personal assets and even the imprisonment of the debtor.This option can be expensive and difficult to prove, and the Courts may take the less stringent approach of for example a stay to allow the debtor pay.

Apply to the High Court, where the company is unable to pay its debts but is not in liquidation for a wide range of reliefs, including arrest, seizure of assets,imposition of personal liability and assessment for damages.

Apply to the High Court to have the company put into liquidation.

Solicitors Fees for Debt Collection

You can learn more about solicitors’ fees in Ireland here.

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

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.

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 its 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.

Conclusion

Debt collection procedures can range from the relatively straightforward to the more complex.

There are a number of procedural (and other) considerations to think about before pursuing a debtor; the most important one is probably whether your debtor is a ‘mark’ or not.

This should be the first thing to consider before pursuing a debt as there is no sense in obtaining an order or judgment against a debtor if it is unenforceable.

We would be happy to advise you in this regard and any other debt issues you may have.

Note: 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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