Key Post Court procedure for debt cases

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You can certainly write to the court and the creditors solicitors saying you consent to a judgment. This is frequently done in district court cases. I can't see this as reducing the costs but it will certainly made sure they do not rise above the minimum level.

Where a debtor enters no appearance or defense in circuit court and high court cases, judgment is entered by default without a court hearing. It is an administrative procedure in the circuit and high courts. So there is no chance of it being deferred to another date as a date is not fixed unless a defence is filed.
 
Time said:
Where a debtor enters no appearance or defense in circuit court and , judgment is entered by default without a court hearing. It is an administrative procedure in the circuit court. So there is no chance of it being deferred to another date as a date is not fixed unless a defence is filed.
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By administrative procedure you presumable mean that the county registrar makes the order and he sends out a copy of it to the debtor. Is there a cost to this, how much would it typically be and how does it get added to the debt, would that be at the next stage?

On page 3 in the red box of the Fnac document it says that by entering an appearance you get a chance to have your say in front of a judge?

http://www.flac.ie/download/pdf/guidelines_on_mortgage_arrears_for_website_jan2010__final.pdf
 
By administrative procedure you presumable mean that the county registrar makes the order and he sends out a copy of it to the debtor. Is there a cost to this, how much would it typically be and how does it get added to the debt, would that be at the next stage?
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He makes the order but does not send anything to the debtor. Normally the creditor will advise the debtor that a judgment was made by default. The costs at this stage are already advised and are stated on the civil bill used to initiate proceedings.
On page 3 in the red box of the Fnac document it says that by entering an appearance you get a chance to have your say in front of a judge?
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That refers to house repossession cases. An appearance at these is a must. It is a whole different ballgame than for regular debt cases. Your house is on the line.
In normal debt cases entering an appearance does not get you in front of a judge. A defence must also be entered but if the debt is legitimate and owed the creditor will get a judgment regardless. They forget to say that costs will start to rocket if you enter a defence without any merit whatsoever. Hence the advice that is given.
 
Time I'd like to echo everyones thanks as well....suprisingly little on the practicalities of this from the debtors point of view.....

I have a Summons for Attendance of Debtor in January and am very nervous as to it...what will happen on the day? SHold I get representation?
 
Time said:
That refers to house repossession cases. An appearance at these is a must. It is a whole different ballgame than for regular debt cases. Your house is on the line.
In normal debt cases entering an appearance does not get you in front of a judge. A defence must also be entered but if the debt is legitimate and owed the creditor will get a judgment regardless. They forget to say that costs will start to rocket if you enter a defence without any merit whatsoever. Hence the advice that is given.
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So mortgage debt cases and other debt cases (loans/credit card) have to
be handled differently. I was confused on that. In mortgage cases if you enter an appearance you end up in front of a judge but not for regular debt? Do you also have to enter a defense in the mortgage case?

If it's your house and you cannot repay on what basis can you enter a defense? You owe the money.

If there any guidence as to costs?
 
With mortgage cases you enter appearances so that you can get stays on the repossession order. If you don't show up a stay may not be granted.

I would say that legal advice in some form is a must when dealing with a mortgage suit.
 
Time said:
With mortgage cases you enter appearances so that you can get stays on the repossession order. If you don't show up a stay may not be granted.

I would say that legal advice in some form is a must when dealing with a mortgage suit.
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Agreed that legal advice is a must but having heard many cases particularly on Mondays on the radio it sounds like people are going into court with no legal representation as they can't afford it.

Just for further clarification, the initial Pleanary Summons in the High court in relation to a mortgage would not be for an order that the debt is owed as it would be in a normal debt case. Therefore the bank is going straight for a repossession order? It is to this one must enter an appearance in order to stay (delay) the reposssession order?
 
The possession order is sought from the outset. Therefore it is vital that some form of appearance and defence is entered if only to seek a stay on the order.
 
Just wanted to say thank you to Time for the posts, and that you are correct - it does state on the civil bill the costs, but I don't think it is going to make any difference to my husbands situation.

Thank you again for your posts.
 
Hfc

I have a personal unsecured loan with hfc who have since left the Irish market, i have missed three payments and they have said that they will get an order to pay from my employers or court action against my assets and/or debt collection. I owe them about 8k and offered to resume payments next month but they said that not accecptable. Have they still got a licence to operate here, the daily phone calls i receive come from an english number.
 
They can't make your employers give them money. Pay them what you can. You can't do anymore.

These English debt collectors think they can do what they like to harass and intimidate people in Ireland safe in their offices in Manchester etc. Debt collectors have no legal standing in Ireland, none at all.

I would change your phone number and let them commence legal action here.
 
Time, would it be acceptable to write to a bank and tell them to go and seek judgment without delay, in the hope that it will stop their threats of debt collectors and constant phone calls during the day.
 
Yep. I have done it myself on behalf of some friends that were in a similar situation. It is called a "put up or shut up" letter.
 
Thank you. I have plans on sending such a letter today basically stating that I do not have the money and they can fully investigate me if they feel otherwise. I have no plans in attending court. I don't want to sound cocky but I am just weary of their idle threats of debt collectors etc.
 
I understand completely Peter.

I have sent a few in the past and most of the time things will just go quiet. The odd one might take the bait and go for a judgement. It depends on who you are dealing with.
 
They can't make your employers give them money. Pay them what you can. You can't do anymore.

These English debt collectors think they can do what they like to harass and intimidate people in Ireland safe in their offices in Manchester etc. Debt collectors have no legal standing in Ireland, none at all.

I would change your phone number and let them commence legal action here.
Thanks Time


do english banks like hfc go to court here regulary here for debts of around 8k?
 
What are the consequences of getting a judgement registered against you?
 
Hi Time would you know why some institutions seem hesitant to go through the courts yet they hound you with letters, telephone calls, debt collectors and solicitors. I know of somebody who has two large debts with two different institutions. He got a debt management company involved which neither institution would work with. Finally both banks got their solicitors involved and when my friend showed them that he was paying both banks a small amount each month their solicitors backed off and sent him a letter saying they were now happy and would not pursue him through the courts. Why are they backing off all of a sudden?
 
It saves them costs, they suddenly realise they will get no more or even less in the courts. If the chap is paying €20 a month now, a court might only award the same. They are saving the costs of going to court.
 
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