How to obtain monetary judgment

Monetary judgment

You can obtain judgment in respect of judgment in default of appearance, judgment pursuant to an Order of the Master of the High Court or judgment in default of defence.

Judgment sets

You must lodge a number of documents called a ‘Judgment Set’, either by post or over the counter at the Judgments Section of the High Court Central Office. The documents required differ slightly, depending on the type of judgment.

Judgment Section staff check the documents to ensure that they comply with the Rules of the Superior Courts. If any documents do not comply, the judgment set will be queried. The queries are detailed on a query sheet for review by the relevant solicitor. The query sheet should be included with the papers when the judgment papers are being re-lodged.

Example query sheet:

Correct judgment sets are sent to the Registrar for signing.

Judgment in default of appearance

This kind of judgment can be obtained on foot of a summary summons, or a liquidated claim in a plenary summons, where no appearance has been entered to the summons by the defendant(s). You must lodge the following documents:

The original sealed summary summons with service indorsed on same

• Affidavit of service
• Affidavit of debt
• Judgment form
• Signed solicitor’s certificate
• Order of Fieri Facias (FIFA) (if you intend to enforce the judgment)
• Praecipe for Fieri Facias (signed)

If interest has been claimed in the indorsement of claim on the summons it should either be calculated and shown in the affidavit of debt or waived via a letter.

Judgment pursuant to order of the Master

This kind of judgment can be obtained on foot of an order of the Master of the High Court where liberty is granted to enter to final judgment in an action. You must lodge the following documents:

• Copy Master’s order
• Copy of the summons
• Affidavit of debt (if interest is awarded in the Master’s order)
• Judgment form
• Signed solicitor’s certificate
• Order of Fieri Facias (FIFA) (if you intend to enforce the judgment)
• Praecipe for Fieri Facias (signed)

Judgment in default of defence

This kind of judgment can be obtained where a plaintiff’s claim is for a debt or liquidated demand in a plenary matter and the defendant does not deliver a defence within the time allowed. (Order 27 Rule 2, RSC).

In contested summary cases on consent, the Master may also adjourn the case for plenary hearing giving specific timeframes for delivery of statements of claim and defence. If these timeframes are not adhered to judgment can be obtained in default of defence (Order 37 Rule 6). You must lodge the following documents:

• A copy of the summons
• Order adjourning the matter for plenary hearing (if applicable)
• Affidavit of debt
• Judgment form
• Signed solicitor’s certificate
• Order of Fieri Facias (FIFA) (if you intend to enforce the judgment)
• Praecipe for Fieri Facias (signed)

If interest has been claimed in the indorsement of claim on the summons, it should either be calculated and shown in the affidavit of debt or waived via a letter.

Please note before lodging documents

All affidavits

• Affidavits filed in the High Court must be sworn, not declared
• Jurats must be fully and clearly completed
• The date and location of swearing of the affidavit must be fully set out
• Do not use abbreviations for months or days (e.g. “Thurs the 4th of Jan”)
• The title of the oath taker must be the same in the jurat body and signature block
• The oath taker’s name should be legible or stamped under their signature
• Affidavits must contain sequentially numbered paragraphs
• Affidavits require court stamp duty – currently €20.00
• Stamp duty should be franked on the back of the affidavit, not the face
• Jurats should not be on isolated pages – they should appear under the final paragraph
• All affidavits require a filing clause – leave the date blank