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Legal Proceedings
The legal proceedings vary between the District, Circuit and High Court as follows:
| District Court
For debts up to €6,348 |
| CONTESTED |
The Civil Summons, the document setting out your claim is served on the debtor with a hearing date before the Court.
The Debtor lodges a Notice of Intention to Defend indicating that they are going to contest the claim.
The case is heard before the Judge on the hearing date when both parties set out their position.
The Judge will decide whether to issue an order for judgment, called a decree. |
| UNCONTESTED |
The Civil Summons, the document setting out your claim is served on the debtor with a hearing date before the Court.
No response is received by the debtor and therefore there is no court hearing.
You swear an affidavit of debt to be lodged with relevant judgment papers with the District Court office.
The District Court Office reviews the papers and issues judgment in the form of a Decree. |
|
| Circuit Court
For debts between €6,348 – €38,000 |
| CONTESTED |
The Civil Bill, the document setting out your claim is served on the debtor.
The debtor enters an Appearance indicating that they are going to contest the claim.
The debtor may raise a Notice for Particulars, seeking further details of the claim to which Replies to Notice for Particulars must be filed.
If the debtor does not file a defence, a motion for summary judgment is issued and the Judge will decide whether to grant judgment or allow the debtor further time to enter a defence.
The debtor files a defence.
Notice of Trial is served on the debtor advising of Court hearing date.
Court hearing takes place and both parties set out their position to the judge.
Court hearing takes place and both parties set out their position to the judge.
The Judge will decide whether to issue an order for judgment. |
| UNCONTESTED |
The Civil Bill, the document setting out your claim is served on the debtor.
No response is received by the Debtor and therefore there is no court hearing.
You swear an affidavit of debt to be lodged with relevant judgment papers with the Circuit Court office.
The Circuit Court reviews the papers and issues judgment in the form of an Execution Order. |
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| High Court
For debts greater than €38,000 |
| CONTESTED |
The Summary Summons, the document setting out your claim is served on the debtor.
The debtor enters an Appearance indicating that they are going to contest the claim.
A motion seeking summary judgment, which must be grounded on an affidavit which your swear setting out the nature of the claim, is issued before the Master of the High Court.
The debtor may respond by setting out their position on affidavit also.
The Master of the High Court hears both sides on affidavit and will do one of the following:
a. Grant Judgment to you
b. refer the matter to a Judge of the High Court for determination
c. If both sides consent, can send the matter to full plenary hearing with oral evidence. |
| UNCONTESTED |
The Summary Summons, the document setting out your claim is served on the debtor.
No response is received by the Debtor and therefore there is no court hearing.
You swear an affidavit of debt to be lodged with the relevant judgment papers with the High Court central office.
The Central Office reviews the papers and issues judgment in the form of a FIFA Order. |
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