Debt Recovery

If you are a business owner who is owed money by another business or individual, contact Callan & Co. on 042 932 8053.

Step by step guide to Debt Recovery:

Step 1 – Warning Letter

Callan & Co. will send a warning letter to your debtor stating that if payment is not received within 7 days, legal proceedings will issue. Our warning letters also set out the potential consequences of judgement being secured against the debtor.

Step 2 – Legal Proceedings

If payment is not received within 7 days, Callan & Co. will issue proceedings in the appropriate court. For debts up to €15,000, proceedings will issue in the District Court. For debts between €15,000 an €75,000, proceedings will issue in the Circuit Court. For debts above €75,000, proceedings will issue in the High Court.

Step 3 – Judgement

When “Judgement” is secured, this simply means that a court has decided that a debt exists. It does not mean that the creditor will automatically receive their debt. Once judgement is secured, a debtor may choose to pay the debt in order to avoid incurring further legal costs. However, it is frequently the case that a debtor will not discharge their debt and the creditor must seek to enforce the judgement through one of the enforcement mechanisms.

Step 4 – Enforcement

Callan & Co. will discuss your options with you and advise on the most appropriate option, given the particular circumstances of your case. Some of the options open to a creditor seeking to enforce judgement are as follows:

  • Execution against goods;
  • Installment order;
  • Garnishee order;
  • Attachment of earnings order;
  • Judgement mortgage;
  • Petition for bankruptcy;
  • Petition to wind up a company.

 

If you wish to discuss debt recover or any other legal matter relating to your business, contact Callan & Co. Solicitors today on 042 932 8053.