Application for a Protective Certificate
Once you have decided to apply for a Debt Settlement Arrangement (DSA), your Personal Insolvency Practitioner (PIP) will apply for a protective certificate. A protective certificate prevents your creditors from taking legal action against you while you apply for a DSA. It stays in place for 70 days but can be extended in certain circumstances.
Your PIP will submit your protective certificate application to the Insolvency Service of Ireland (ISI). The ISI will submit the application to the appropriate Circuit Court on your behalf.
When the court office has received your application they will assign a return date. This is the date when a judge will make a decision on your application. You or your PIP are not required to attend court on the return date.
Application goes to Court
Once an agreement is reached with your creditors, your PIP submits your DSA application to ISI. The ISI will submit the application to the appropriate Circuit Court on your behalf.
When the court office has received your application they will assign a return date, this is when a judge will make a decision on your application. You or your PIP are not required to attend court on the return date.
Outcome of your hearing (Court decision)
Your case is considered by a Judge in the Circuit Court, they will make a decision on your DSA application.
The Judge can make the following decisions:
- Approve & issue the DSA;
- Refuse the application;
- Adjourn the application to request further information, or;
- Direct a hearing be held.
The court office will notify and engage with the ISI and your PIP for outstanding information or input as needed. You will never be required to attend court.
The effects of a DSA
If your DSA application is approved, the ISI will send you a copy of the court order along with a list of the conditions you must follow for the next 3 years while your DSA is in place. Your name will be put on a public register of Debt Settlement Arrangement.
While your DSA is in place there are also conditions that your creditors must follow in relation to any debt that is included in your DSA.
The ISI can apply to the court to terminate your DRN if:
- you have given inaccurate information;
- were not originally eligible for a DRN;
- arranged your affairs to get a DRN, or;
- are in breach of the conditions of your DRN obligations.
Application to change your DSA
While your DSA is in place, if your situation improves or gets worse, you can apply to have the conditions of your DSA changed to reflect this. Your personal insolvency practitioner will need to submit an application to the relevant court to have your DSA adjusted.
