From time to time every business will experience the problems of bad debt and, sometimes, the only recourse may be to take legal action. We have been operating a debt collection department for many years and our clients range from sole traders to large companies. Bad debts should not be left on the long finger and it is important to take prompt action.
In dealing with accounts, we use the following routes. Where the debtor is a human being, having obtained judgement, we proceed along a slow route to have them committed to prison. Where the debtor is a company, we will obtain judgement and take your further instructions as to winding up or going to the County Sheriff or as listed below.
The first step in the process is to get an order against the debtor stating they owe you the amount (known as “obtaining judgement”). Just to obtain judgment against a debtor takes a minimum of about 90 days from the time you instruct us. If the debtor decides to defend the case then it will take up to 18 months to get a hearing of the case. Once you have judgment, we can then look at enforcing it against the debtor – i.e. using legal means to try to force the debtor to pay the monies.
There are other methods of trying to enforce a Court Order, which we will be happy to discuss with you – County Sheriff siezes goods belonging to the debtor; Stubbs Gazette; Garnishee Order against a person who owes the debtor money directing that person to pay us; Register a Mortgage on the debtor’s property; Court Sale of debtor’s property; Bankruptcy; Liquidation and Mareva Injunction where the debtor is selling off some of his property and will therefore come into money (e.g. selling his house). Unfortunately, these latter methods involve hefty legal fees and expenses.
In summation, all we can say is that debt recovery in the Republic of Ireland is a slow and tedious process based on old and archaic legislation, with Judiciary, who predominantly favour the Debtor. Sorry to say but Don’t expect miracles. We will do or best for you.