Enforcement of debt Judgments

Enforcement through the Sheriff's Office

The Sheriff's Office is an office with the authority to enforce a judgment from any jurisdiction, on behalf of you, the claimant. They do this by either seizing goods to the value of the debt, or by facilitating a repayment plan between you and the respondent.

If there are no goods to be seized, or there is no capacity to repay the debt, the Sheriff will inform you of this fact. This may result in you pursuing other methods of enforcement.

Sheriff's Office Enforcement Procedure

There are dedicated Sheriff Offices in Dublin and Cork, but in other counties they are located within certain court offices.

To begin enforcement of a judgment through the Sheriff's Office, you must submit the original copy of the Order with the Sheriff's Office. Please contact your local court office for the details of the relevant Sheriff's Office you will need to attend.

Once you submit the original copy of the Order, a Court Messenger acting on behalf of the Sheriff will make contact with the respondent through a warning letter, informing them of their intention to visit them at their address.

Upon visiting the respondent, the Sheriff will be in a position to assess if there are goods to be seized, or if a repayment plan can be facilitated between you and respondent.

Note: there are Sheriff's fees/costs associated with this procedure.

Sheriff Office Fees

You can pay Sheriff fees at the relevant court office (or in Dublin or Cork, at the Sheriff's Office). You can pay these fees by cash, postal order, or cheque.

Submission of an Order in the Sheriff's Office: €19.

Note: Please see S.I. No. 644/2005 - Sheriff's Fees and Expenses Order, 2005 for details on all Sheriff fees/costs.

Enforcement through the District Court

All Judgments of the District, Circuit, and High Court may be enforced through District Court enforcement procedures, such as an Instalment Order or a Committal Order.

Note: In the case of District Court enforcement procedures, the relevant forms refer to you, the claimant, as a "creditor" and to the respondent as a "debtor".

Instalment Order

An application by you for an Instalment Order allows the court to assess if the respondent is able or unable to repay the debt. The court will then decide the amount, frequency, and method of repayment, if relevant.

To get an Instalment Order, you must:

1. Complete a form known as a 'Summons for Attendance of Debtor' (Form 51A (01)).
2. Submit this form, and a copy of it, in the court office in the district where the respondent lives. The court office will then provide the court date and time, and return the original Summons to you.
3. Serve a copy of the Summons on the respondent.
4. Return the original Summons and a Statutory Declaration of Service in the relevant court office at least four days prior to the allocated court date. For more information on serving and proof of service, please see our Serving and Proof of Service Proof of Service page.

Variation of an Instalment Order

If new information becomes available and/or if the respondent's financial circumstances have changed, either you or the respondent can apply to vary the terms of the order. This is known as a Variation of Instalment Order.

Committal Order

In cases where the terms in the Instalment Order are not being followed, you can apply for a Committal Order. Evidence beyond reasonable doubt is required that the respondent has the means to pay but is refusing.

District Court Fees

• Summons for Attendance of Debtor: €15
• Summons to Vary an Instalment Order: €15
• Summons on Failure to Comply with an Instalment Order: €15

Additional Methods of Enforcement

In addition to enforcing your judgment through the Sheriff's Office, the District Court, or through a Judgment Mortgage, there are other legal methods that you may use to recover the debt owed to you.

• Attachment of a Debt or Garnishee Order: Also known as a 'third-party debt order'.
• Appointing a Receiver: A court can order that a respondent's assets or future income is paid to you by the receiver.
• Bankruptcy: You may apply to have the respondent declared bankrupt if certain conditions are met. See the bankruptcy page.

The process around these enforcement methods is complicated. You should consider getting legal advice. See Legal Advice and Mediation for more.

Registering Your Judgment

Judgments of the District, Circuit, and High Court can be registered by you, the claimant, if you choose to do so. This involves recording the judgment in the Register of Judgments in the High Court.

District and Circuit Court Judgments

1. Submit a Memorandum of Registration of Judgment in the court office where your judgment was granted.
2. Submit the signed Memorandum along with a Certificate of Registration of Judgment in the Central Office of the High Court.

High Court Judgments

Submit a Memorandum and Certificate of Registration of Judgment in the Central Office of the High Court.

Fees

• District and Circuit Court: €15 (plus €25 to register in the High Court)
• High Court: €25

Registering the Judgment as a Mortgage

You can register the judgment against any property owned by the respondent with the Property Registration Authority (PRA) by applying for a Judgment Mortgage. See PRAI website for details.

Mortgage Fees

Registration of a Judgment Mortgage: €20 (plus PRA fees).