DISTRICT COURT - Debts up to €6,348 (IR£5,000)Uncontested
1. Civil Summons sent to Debtor - official notice from the Creditor of the nature of the claim - to which the Debtor does not respond.
2. Affidavit of Debt sworn by Creditor - no court hearing takes place so Creditor swears the amount of the debt now due.
3. Affidavit, Decree & Memorandum Are filed in the Court office
4. Judgment Should issue to Creditor within 20-60 days. Contested
1. Civil Summons sent to Debtor - to which he/she does respond ( see No. 2 below)
2. Notice of Intention to Defend Submitted by Debtor and date of Court hearing fixed
2. Creditor and Debtor put their cases to the judge and, if successful, the Creditor will receive a Judgment within 10-30 days after the hearing.
CIRCUIT COURT - Debts between €6,348 & €38,092 (IR£5,000 & IR£30,000) Remember there's a Circuit Court in each of the 26 counties in IrelandUncontested
Similar to the District Court process i.e. if uncontested, no court hearing takes place and a Judgment issues on receipt of Affidavit of Debt in the Court office, sworn by the Creditor Contested
1. Civil Bill issued to Debtor - to which he/she does respond (See no.2 below)
2. Appearance submitted by Debtor - his/her acknowledgment of intention to contest, and his/her written Defence should be registered in the Court office
Court often allows delay to allow either the Creditor, or Debtor, prepare their case
.3. Notice of Trail is served by Creditor, after receipt of Debtor's Defence, advising date of court which can be 2-5 months away, depending on court scheduling.
4. Court hearing with both Creditor and Debtor making their cases to the judge and Judgment will issue, if Creditor is successful
HIGH COURT - DEBTS GREATER THAN €38,092 (IR£30,000) There's only one High court for debts in the Republic of Ireland-and it's in DublinUncontested
1. Summary Summons is served - by personal service to a person (s) or by ordinary post to the registered office address of a limited company.
While such cases are usually uncontested, no court hearing takes place and a Judgment, or Fifa, issues in the same way as from the lesser courts. Contested
Such cases are heard by way of a Motion before the Master of the High Court in Dublin. Both Creditor, and Debtor would make their cases by Affidavit and the Master will rule in favour of either, or,
(i) can refer it onwards to be heard by a High Court judge, or
(ii) refer it for Plenary Hearing with oral evidence, or
(iii) allow part of the claim and refer the remainder of the claim onwards.
Always consult your solicitor before taking any action.