• Debt Collect
  • Address Line 1
  • Address Line 2
  • Dublin
  • Ireland

Email: info@debtcollect.ie

Tel. 678 7000

Legal Process

Pre Judgment

Before commencing a legal debt recovery case, clients must have the following accurate information:

  1. Their own legal status
  2. The debtor's legal status
  3. The correct address or registered office for the debtor
  4. The exact amount of the debt (liquidated sum)
  5. The basis of claim, e.g goods sold and delivered or arrears of rent

This section provides an insight into the general queries raised at the pre-judgment stage and outlines the jurisdiction of the various courts.

The Creditors Legal Status
The Debtors Legal Status
Basis of Claim
Jurisdiction of Courts

The Creditors Legal Status

The correct legal title of the Creditor or Plaintiff must appear on all proceedings.

If money is owed to an individual, proceedings are taken in that individuals name. Both the christian and surnames are necessary.

If money is owed to a company, the exact title of the company must appear on the proceedings. The correct address of the registered office is also essential.

The Debtors Legal Status

The correct legal title of the Debtor or Defendant must appear on all legal proceedings.

When seeking to recover a debt, time must be taken to properly identify the legal title of the debtor.

The full correct title of an individual or Company is absolutely essential. In the case of an individual, both christian name and surname are necessary.

In the case of a Company, are you suing XYZ Limited or XYZ (Ireland) Limited?

A mistake in the debtors title could result in the proceedings being re-issued.

Basis of Claim

The basis of claim must be clearly identified in the proceedings. The entitlement to claim for the recovery of debts due and owing generally arises under some form of a contractual relationship.

Typically, debts arise from non-payment for goods sold and delivered, or services rendered. Other debts arise due to cheque payments which have failed to clear through a bank account, or on foot of arrears of rent or service charges on property.

There are numerous reasons as to why one person can become indebted to another and the basis for each claim will have to be ascertained on the facts.

Jurisdiction of Courts

It is probably true that most people would prefer to avoid the courts. However, this is not always possible. Creditors will at some stage or another find themselves having to engage fully with the court system to recover debts.

At present there are three court jurisdictions and the amount of the debt will determine the court in which the claim is to be taken. They are as follows:-

District Court - 0 - €15,000
Circuit Court - €15,000.01 to €75,000
High Court - Amounts over €75,000