Debt Collection Services

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Debt Collection Solicitors Dublin

Debt Collection, debt recovery or loss mitigation: whatever you want to call it, it is a crucial element to any business. Without a healthy cash-flow your business is destined to struggle. Having proper debt collection systems in place will ensure a healthy cash flow for your business. Maintaining a healthy debtor’s ledger is not only essential in maintaining a healthy business, it can be the difference between success and failure. At a time when every business is experiencing more pressure than ever in collecting money that’s owed to it, Tully Rinckey is offering prompt service in the recovery of debts.

 

How long does debt collection take? 

Depending on the amount of money owed to your business, CB Robinson Corporate Solicitors can in some cases collect monies owed in a matter of weeks. In some cases, however, it is necessary to issue court proceedings in order to obtain a judgment that can be enforced quickly and efficiently.

 

How much do debt collection services cost?


Often debt can be resolved with a warning notice ‘Letter before Action’. Our firm is able to represent you in a competitive and cost efficient manner, often at a fraction of the original debt amount.

Contact us today for a free no obligation discussion and tailored fee quotation to suit your requirements.

 

Three Courts To Recover Money Owed To You In Ireland

There are three courts (jurisdictions) where you can recover money owed to you in Ireland.

There are three levels of Courts for collecting debts in Ireland and depending on the amount of money owed to you or your company; proceedings will be issued in the District Court, Circuit Court or High Court. Below are the money thresholds that determine what Court proceedings are issued in:

  1. District Court – €0.01 – €14,999.00
  2. Circuit Court – €15,000.00 – €75,000.00
  3. High Court – Over €75,000.00

 

Regardless of which jurisdiction (court) your claim falls into, there are three stages to the debt recovery process:

  1. Pre-litigation (all prices are ex-vat)
  2. Court Proceedings
  3. Enforcing the judgment

 

Stage 1: – Pre-litigation (all prices are ex-vat)


We will issue an initial letter of demand for €35.00, demanding that the debtor pay up within 7 days. We will also outline the options open to you, our client, should they fail to pay and all the costs involved. We will also seek to negotiate a settlement on your behalf, unless you tell us not to (instruct).

 

Stage 2: – Court Proceedings


If the monies are still not paid, then upon your instructions, we will then issue a summons on your behalf, to bring the person to court.

What happens next will depend on the person owing you the money.

  • If they pay up the matter ends there.
  • If they ignore the summons or they acknowledge that the debt is due and owing, then we can apply for summary judgment against them.
  • If they engage with us and they are of the opinion that the monies you feel they owe you, are not owed. In other words they feel that they have a legally valid reason not to pay up, that forms a Defence, then we will list the case for hearing in the Court and the Judge will decide the matter.

 

Stage 3: – Enforcing the Judgment


Once we have obtained Judgment on your behalf we can then seek to enforce that Judgment and get the money owing. There are a number of ways open to enforce a judgment depending on whether the entity owing you the money is a person, a sole trader or a limited liability company (ltd.)

If the monies owing to you that are over €15,000 and up to €75,000, then if our demand letters are not successful, at stage 2 we will need to issue a summons in the Circuit Court.

Any monies that are owing to you over the amount of €75,000, then if our demand letters are not successful, at stage 2 we will need to issue a summons in the High Court.

 

Remedies that can be sought once a judgment has been obtained

The following are a list of remedies that we can seek on your behalf, once a judgment has been obtained.

(What remedy or remedies that will be sought, will be decided on the circumstances of each case)

  • The Sheriff can seize goods and sell them up to the value of the debt.
  • A Summons for the Attendance of a Debtor at court & Orders in Aid of Execution ( Discovery) can be obtained.
  • Attachment and Committal to prison- The courts in Ireland have recently distinguished between persons who can’t pay and those who won’t pay. Only those that won’t pay can be sent to prison.
  • Garnishee proceedings – This is a court procedure where you seek to get money from a third party that owes it to the person you have a judgment against, such as an employer.
  • Charging Orders – these can be obtained against stocks and shares that the person owns.
  • The registration and enforcement of a Judgment as a Judgment Mortgage – this is over any property they may own.
  • Institute Bankruptcy Proceedings against a person (the law is this areas is currently the subject of an long overdue overhaul)
  • The Enforcement of Judgments obtained in other Countries – This has now become easier for countries in the EU, however judgments from other countries outside the EU, such as United States and Canada can also be enforced here.

 

Who gets what when a company goes bust (into liquidation)

Payments out to creditors when a normal (limited) company is wound up or goes bust (legally called a creditor’s voluntary liquidation) are set out by law (on a statutory basis). Any particular group of creditors will get their payment on what is called a ‘Pari Passu’ or equal basis (this means if you are owed 40% of the debt for that group, then you will get 40% of the total amount of money available for distribution to that group)

Please note that assets that are subject to a fixed charge (this is a charge over a particular asset or assets, such as a building, usually held by a bank or lending institution and registered with the CRO) are outside the assets available to the general creditors.

After any fixed charges, the ranking of claims is as follows:

  1. The costs & expenses of the liquidator.
  2. In a court ordered liquidation, certain other costs (e.g. the costs of the petitioner) rank ahead of the costs of the liquidation.
  3. Unpaid PRSI and other social security insurance contributions.
  4. Preferential creditors *(see below).
  5. Floating charge-holders.
  6. Normal (unsecured) creditors.
  7. Shareholders.

* = Preferential creditors include: The Revenue Commissioners for certain unpaid taxes within the last 12 months; The Local Council for any unpaid rates within the last 12 months; Employees’ wages for the previous four months, as well as all sick pay, pension and holiday benefits, and may also include redundancy and minimum notice or unfair dismissal claims.

Please note that if a receiver has been appointed over a specific asset(s) then the fees incurred by the receiver are paid out from the sale of the charged asset(s) over which they have been appointed.

In our experience the majority of creditors are ranked at number 6 on the above list and usually get very little or nothing by way of repayment under normal circumstances.

We will be happy to advise you in relation to any issue arising from the above.

 

For further information on debt collection services please feel free to contact a member of our debt recovery team.

To schedule an initial consultation, contact us 24 hours a day, 7 days a week, at +35315134185 or contact@tullylegal.ie

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