Recommendation: Replacing outdated processes and abolishing imprisonment for debt

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Brendan Burgess

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These would also replace outdated processes that date back many centuries. For example, the goods seizure order would replace the current procedure known as “execution against goods” and the order known as “fieri facias.” The fieri facias order (sometimes abbreviated to “fi fa”) originated in medieval times when court orders were issued in Latin. The officer carrying out the order, traditionally a Sheriff, was ordered “quod fieri facias de bonis et catallis, etc.” The literal translation of these Latin words is “that you cause to be made of the goods and chattels, etc”. This meant, in effect, that the sheriff “make good” or obtain enough money to repay the debt owed to comply with the amount specified in the creditor’s court order (judgment order).
The Commission also recommends abolishing completely imprisonment for non-payment of debt, even for those who “can pay.” The Commission sets out in the Report the many arguments against the use of imprisonment in debt cases, which largely echo the valuable and long-standing work of the Free Legal Advice Centres (Flac). The Commission recommends that those who “can pay” and wilfully refuse to obey a court order should still be prosecuted but that the appropriate sanction is a community service order. This would replace the Debtors (Ireland) Act 1872 and the Enforcement of Court Orders Acts 1926 to 2009.
 
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