Key Post Court procedure for debt cases

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Time or any of you knowledgeable people, what is the timeline estimated, from judgement, to say not paying and an installment order to that not being paid to a committal order?
I had a judgement awarded against me dated dec 08. Was paying an amount to may but couldnt after that.

Dont live at the address and know there may have been a letter end 09 or in '10. Nothing after that that im aware of. Its the home house and havent lived there in years.

So here i am 2 and a half years later and want to sort it out as im at my wits end and depressed, own fault i know, but thats another issue.

Thanks very much in advance for any replies.
 
HELP.

Hi, i need some advice. I have a UK debt which i walk away from as i was unable to meet the payments. I resided in Ireland but have since the moved to the Middle East. My parents called today to say that the received a Court Order for me from the Irish Courts to appear in court within 10 days regarding the UK debt. What do i do as i no longer reside in the court jurisdiction and I am unable to get home for the appearance either. I know i should not have walked away from the debt so i really dont need to be told so. Any advice would be appreciated, many thanks
 
Just in relation to the judgement. If you are instructed to pay an installment order is that to pay back the entire amount you owe? or will the judge put a figure on what you should pay back?

Lets say your home is repossesed and you owe the bank 200k??? Will the judge look for you to pay the entire amount back if its unrealistic that you could do this?
 
Instalment orders run until either the full amount is paid back or 12 years elapse from the date of the original judgement.

Normally they fizzle out over a few years. It costs the banks a lot more when an order for a very small amount is made, i.e. it is hardly worth them bothering about.
 
Judgment Mortgage

In the case of a creditor getting a Judgment Mortgage (number 2 in the Opening Post) in the High Court against a debtor, I have a couple of questions please:
1) Can that Judgment Mortgage apply to all assets of the debtor or is it confined to specific lands/houses etc. and
2) Can it also cover assets - property etc. in the U.K. or is it only applicable to assets in Ireland?

Thanks
 
Does anyone know if a judgement prevents the settlement of the underlying debt for a lesser amount at a later date?

For example, say a person owes a credit card provider €10,000 and the person cannot repay the debt. We all know that the person should ultimately be able to settle with the provider or debt collector for (say) €4,000. But if the provider obtains a judgement for the €10,000, will they still settle for €4,000 or does the judgement effectively take that option off the table?

Thanks.
 
mickeyg said:
In the case of a creditor getting a Judgment Mortgage (number 2 in the Opening Post) in the High Court against a debtor, I have a couple of questions please:
1) Can that Judgment Mortgage apply to all assets of the debtor or is it confined to specific lands/houses etc. and
2) Can it also cover assets - property etc. in the U.K. or is it only applicable to assets in Ireland?

Thanks
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1. A JM is confined to a specfic property.

2. Only Irish property can be subject to a JM.
 
Gekko said:
Does anyone know if a judgement prevents the settlement of the underlying debt for a lesser amount at a later date?

For example, say a person owes a credit card provider €10,000 and the person cannot repay the debt. We all know that the person should ultimately be able to settle with the provider or debt collector for (say) €4,000. But if the provider obtains a judgement for the €10,000, will they still settle for €4,000 or does the judgement effectively take that option off the table?

Thanks.
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No. They are free to settle for what ever they are willing to accept. If they do accept make sure they mark the judgement as satisfied.
 
Time said:
The media are confused by the whole process to be honest.

Court cases for debts have 2 distinct phases:
1.) Obtaining a judgment and
2.) Enforcement of the judgment.

At stage 1 the court is only concerned that the person owes the money in the first place. ... Attending the case at this stage is pointless as it will not stop a judgment being made.
.
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Hi Time

This has been raised again in this thread by frostie

It's very foolish not to attend the court - the court can award an instalment order at the same time as they grant the judgement, and they regularly do so, particularly when you don't show up to plead your case. There is also the possibility that the plaintiffs solicitor does not show up (it may be struck out, but can be represented) at which stage you will get an opportunity to accept liability for the debt and put forward your statement of affairs and repayment proposals. It is always in your interest to make an appearance.
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What do you think?
 
It's very foolish not to attend the court - the court can award an instalment order at the same time as they grant the judgement, and they regularly do so, particularly when you don't show up to plead your case. There is also the possibility that the plaintiffs solicitor does not show up (it may be struck out, but can be represented) at which stage you will get an opportunity to accept liability for the debt and put forward your statement of affairs and repayment proposals. It is always in your interest to make an appearance.
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Not true. The court has no absolutely jurisdiction to grant an instalment order at the time of the initial judgement. All it can do is grant a judgement and if the creditor wants an instalment order it can do so by issuing the appropriate summons. The instalment order is to enforce the judgement. In any event the High Court and Circuit Court have no legal powers to grant instalment orders at all. That is the District Courts role solely.


Attending summary judgement hearings where there is no viable defence only seeks to increase costs which is not advisable. If you owe the money send the court and solicitor for the creditor a note saying you consent to judgement. This saves costs.

I think frostie needs to read the enforcement of court orders act 1940 as amended.
 
Hi All,

I have a few questions regarding a loan from back in my sole trader days. The inital loan was taken out in May 2003, for 20K.

I have down through the years paid of bits & pieces of it, and now the loan stands at 6.5K

The bank in question have never got a judgment on me for this loan, but their solicitors have been sending letters to various addresses over the past couple of years.

Last week they sent a Civil Bill by registered post to an old address, and a family member signed for it, and forwarded it onto me.

My main questions today are:
1. Where am I with the statue of limitations in relation to this loan
(What does the whole 6 year statue barred thing have to do with this- if anything?)
2. On the Civil Bill they issued last week, they have the principle, plus costs to date (circa 350.00), and Interest to date. - there is no figure for this interest, how would this be calculated?
3. I read somewhere that banks shred the original documents, and only keep electronic copies of these loan agreements anymore, is there any truth in this, and if so, would I get the matter striked out as a result of the bank not being able to produce the original documents?
4. Could someone recommend a really good solicitor, or firm that are specialists in this area of personal debt
 
Solicitors that do debt cases are rarer than hens teeth, and would not be likely to take on your case.

The statue of limitations only applies from the date of last payment, so 6 years from then.

You could put them to proof that you owe them the money but this will only drive the costs up and will irk a judge if they can produce the papers.
 
Thanks for the reply Time.

Why would it irk the judge? And whats his/her role in the inital proceedings, only to grant the judgment?

The bank needs to come back to the court for installment / sheriff orders afterward, is that right? This is the circuit court, so there's bound to be more than one judge?

How much would it increase the costs by? Can the banks solicitors charge what they want or is there a limit? Also, any idea on the interest?

Thanks
 
This is the circuit court, so there's bound to be more than one judge?
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Only 1 judge in the circuit.
How much would it increase the costs by?
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Loads especially if you force the bank to produce witnesses to back up their claims.
Can the banks solicitors charge what they want or is there a limit?
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The judge will allow them their costs. Witness attendances are not cheap.
 
Bank Debt Issue

I invested in a highly speculative property fund some years ago at the height of the boom. A portion of the investment was funded by a loan from a bank secured on my investment in the fund but not limited in recourse to that investment. Interest was to be rolled up.

It is now clear that the investment is worthless and the bank has asked for either repayment of the loan or a payment plan by the end of the month. The debt is owing and I can repay although it would be a significant "hit". I would argue (self-servingly perhaps) that the bank bears some responsibility here for reckless lending, but accept that the primary responsibility is mine. Therefore, I am contemplating repaying voluntarily and immediately the capital balance and some, but only some of the accrued interest, and taking from there. The principal and interest outstanding exceeds €200k.

I would like to understand the options open to the bank. I do have accounts in Ireland with funds that would exceed the value of the balance I would not pay. If the matter went as far as the courts and to a judgement, would it be open and straightforward for the bank to enforce against those assets and take the money anyway?
 
I received civil summons from Ivor Fitzpatrick on behalf of BoI for credit card debit of €6k

I was made redudant a year ago, do have new job but earning 1,500 a month less than before

I have no problem giving them full monthly income/expenditure details and offering to pay them something every month.

My question is will solictors be likely to insist on going to court (date is end of Feb) as I am very concerned about getting a judgement recorded
 
Unless you pay them now they go to court. They will want to secure judgement so they can force you to pay. You won't be able to stop them.
 
Hi time ,first of all ,thank you for the wealth of knowledge you have shared here ,much apricated.
Could you please tell me if a judgment is awarded by default in the circuit court and the debtor subsequently appears in court for the installment order hearing and the judge decides on an installment figure, does the original judgment amount increase over time ? Subject to interest or costs ?
 
The original judgement will keep clocking up interest at 8% per annum. Also they will tack on the charges for seeking the instalment order.
 
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