Debt Collection

BehanBarry Solicitors, on behalf of its clients, recovers monies owed for goods sold, services rendered or outstanding loans.
Debt collection can be viewed as a four-step process. The number of steps that require to be taken will depend on how slowly or quickly a debtor pays.

Step 1. An initial letter of demand is written to the debtor seeking the amount owed.

Step 2. Proceedings are instituted and served on the Defendant. The amount of debt determines the Court in which the debtor is sued. The District Court has jurisdiction up to €6,350, the Circuit Court from €6,350 to €38,100 and the High Court on all matters above €38,100.

Step 3. Judgement is obtained against the debtor.

Step 4. The Judgement is enforced. If the debtor has still not paid, the Plaintiff has a number of options. The Plaintiff can send the Judgement to the Sheriff who will seize the debtors goods and sell them in favour of the Plaintiff. If there are no goods to be seized the debtor can be examined before a judge to determine whether installment payments are appropriate. Failure to pay installments can result in the debtor being held in Contempt of Court and being sent to prison. Alternately, if the debtor owns property, the Judgement can be registered against the property so that in event of a sale the money will be repaid. If the debt is owed by a Company an application can be made to have the Company wound up or in the case of an individual an application can be paid to declare him or her a bankrupt.

BehanBarry solicitors will move efficiently through the steps outlined above to ensure that the client recovers the money owing to him or her as quickly as possible.