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Business

Debt recovery.

An unpaid invoice is a cash flow problem first and a legal problem second. We run a staged process that gets most debts paid before anything goes near a court, and we tell you frankly when a debt is not worth chasing. We also act for people who are being pursued and need the position explained.

Talk to us about an unpaid debt Read the guide

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At a glance

A debt that is statute barred cannot be enforced through the courts. Check the date of the last payment or acknowledgement before anything else.

01Solicitor's letterUsually the first step, and often the last needed

02District CourtClaims up to 15,000 euro

03Circuit Court15,000 to 75,000 euro

04Time limitSix years from the date the debt fell due

The process

How a debt is collected, stage by stage.

Each stage costs more than the last. We stop as soon as it is paid.

Letter of demand

A solicitor's letter giving a short period to pay and setting out what happens next. A large share of debts are paid at this point.

Civil summons or civil bill

If there is no response we issue proceedings in the court for the amount. The debtor has a limited time to enter an appearance and a defence.

Judgment

If no defence is entered we apply for judgment in default. If a defence is entered the case is listed and heard. Most debt cases are undefended.

Registering the judgment

A judgment can be registered, which affects the debtor's credit, and published in the trade gazettes. That alone often produces payment.

Enforcement

Instructing the sheriff to seize goods, an instalment order through the District Court, a judgment mortgage against property, or garnishee of money owed to the debtor.

When to stop

If the debtor has no assets and no income, further steps cost you money for nothing. We say so, and you can write it off with a clear conscience.

Common questions

The things people ring us about first.

How much will it cost me

A letter of demand is a fixed fee. Court fees and our costs beyond that can be added to the claim, and are usually recoverable from the debtor if you win and they can pay.

Can I add interest

If your terms of trade provide for it, yes. Otherwise statutory interest under the Late Payment legislation applies to business to business debts.

The debtor has gone quiet

That is normal. Silence is not a defence. Proceedings can issue and judgment can be obtained without them ever engaging.

I have received a summons. What do I do

Do not ignore it. You have a short time to enter an appearance. If the debt is disputed, or the figure is wrong, or it is statute barred, that has to be raised now.

Can I be made bankrupt over a small debt

Bankruptcy requires a debt of at least 20,000 euro. Below that the routes are instalment orders, sheriffs and judgment mortgages.

Bring this to a first meeting

The invoices, your terms of trade, the contract or order, and any correspondence chasing payment. A short account statement is ideal.

Make an appointment

Before you ring

Two things you can check tonight.

Guide