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Debt Recovery
Where somebody or some company owes you money on foot of a simple contract and has failed or refused to pay you, you may need to go to court to get a judgment against this person or company.
Frequently, this type of case can processed on a “documents only” basis, which means you will not have to go to court to give oral evidence. All you will be required to do is to swear an affidavit setting out the basis of your claim. This affidavit must establish your right to receive the payment you are claiming. You can exhibit any important documents or correspondence to this affidavit. Your debt recovery barrister can assist you in preparing the affidavit.
Debt recovery cases can be taken in the District Court (for claims up to €15,000), the Circuit Court (for claims up to €75,000) or the High Court (for claims in excess of €75,000. If your claim is for in excess of €1,000,000 you may wish to bring your case in the Commercial Court, where the time period between issuing proceedings and obtaining judgment can be extremely quick.
Your barrister will advise you at the outset whether your case is suitable for this type of “documents only” procedure. This summary procedure can save time and money for you when you are seeking to recover debts owed to you. If you are successful in getting a judgment against the person that owes you the money, that person will generally be ordered to pay your legal costs also.
When you get judgment against the person that owes you a debt, there are many options open to you as regards how to enforce this judgment. Your barrister can advise you about how to enforce any judgment obtained.