Brophy's Litigation Blog

Thursday, August 21, 2014

WHY CHASE DEBTS WHEN WE CAN DO IT FOR YOU?


Debt recovery can be a time consuming and frustrating process. If you have outstanding invoices, it is crucial that you take immediate action as early intervention means earlier payment. If you delay in taking action you could potentially be diminishing your chances for debt recovery. 

Brophy Solicitors can advise and support on recovering bad debts and over-drawn accounts from debtors. We have an experienced debt collection team, who are aggressive, resourceful and persistent. Our highly trained team provides a full service and can recover debts speedily and cost effectively.

Steps to our Debt Collection Service:

1. Urgent Demand Letter 
We will issue a letter before action to the debtor requiring payment of the outstanding debt. Our letter is short, sharp and serves many purposes:

· It will ensure the debtor is aware of the debt and is advised of any impeding action by the creditor.

· Our letter will give a timeframe of 7 days for the debtor to discharge the outstanding account.

· It warns that costs will be claimed if legal action is necessary and that interest will be payable at 8% per annum from the date of judgement.

This letter may be sufficient to prompt the debtor into payment.

2. Issue Legal Proceedings

Failure to respond or pay this debt within the 7 days will result in legal proceedings being issued and served on the debtor immediately.
Depending on the amount of debt involved, we will then issue proceedings in:

· District Court – Less than €15,000

· Circuit Court – €15,000 - €75,000

· High Court – More than €75,000

The purpose of this action is to encourage the debtor to pay. If the debtor pays at any stage during the process, legal action can be stopped. If the debtor fails to respond to the proceedings, we will make an application for Judgement against the debtor.

3. Enforcement of Judgement

When a judgement has been obtained and the debtor still refuses to pay, we will proceed to effectively and efficiently enforce the judgement through various options. These options will depend on the level and type of debt and include:

· Execution by the Sheriff;

· Registration in the Registry of Judgements and subsequent publication in Trade Gazettes;

· Judgement Mortgage;

· Examination, Instalment and Committal Orders;

· Garnishee Orders;

· Winding Up.

4. European Enforcement Order
This order can now be obtained when Judgement has been obtained from another EU state.

For further information please email me at catriona@brophysolicitors.ie or telephone (01) 679 7930 to make an appointment.

Catriona Sharkey
Brophy Solicitors

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