Getting Judgment Is the Easy Part
Debt recovery and enforcement in Ireland, explained properly: the time limits that decide whether you have a claim at all, the court that will hear it, and — the part most creditors are unprepared for — how a judgment is actually turned into money.
45+
Years, Established 1981
Creditor
& Debtor Advice
Judgment
& Enforcement
Fees Agreed
in Writing at the Outset
A Judgment Is Not Money
It is the most common misunderstanding in debt recovery, and the most expensive. Obtaining judgment and being paid are two separate exercises. The second one — judgment mortgages, instalment orders, execution through the Sheriff, garnishee, attachment of earnings — is where the work actually is, and where the answer depends entirely on what the debtor has. Which is why the first question here is never “can we win?” but “if we win, will we be paid?”
How Enforcement Actually Works →Where the Questions Arise
Twelve areas, each written as a proper guide rather than a brochure page — for creditors deciding whether to pursue, and for anyone on the receiving end of a demand.
Debt Recovery in Ireland
The whole sequence, in order - and an honest account of when a debt claim is the wrong tool entirely.
The Letter of Demand
What it should say, what it must never say, and the statutory limits on how payment can be demanded.
Time Limits & the Statute
Six years, twelve years - and the acknowledgment or part payment that restarts the clock for both sides.
Which Court, and Why It Matters
Jurisdictional thresholds, the summary summons, and why the choice affects cost far more than speed.
Summary Judgment & Defences
The fast route to judgment where the debt is not genuinely disputed - and what happens when it is.
Enforcing a Judgment
Judgment mortgages, instalment orders, Sheriff execution, garnishee and attachment. Where most creditors are unprepared.
Commercial Debt & Late Payment
The statutory interest and fixed compensation most Irish businesses never claim on B2B invoices.
Company Debtors
Statutory demands under the Companies Act 2014, winding-up as leverage, and the abuse-of-process line.
Consumer Debt
What a creditor may not do, why consumer debt is different, and where mortgage arrears go instead.
Disputed Debts & Set-Off
When it is not really a debt case - and why suing anyway is the most expensive mistake in this area.
Received a Solicitor’s Letter?
For the person being pursued: what it means, what to do, and the free advice available before you pay anyone.
Costs, Interest & the Economics
What recovery actually costs, what interest you can claim, and why a solicitor’s fee is never a percentage.
A Law Firm, Not a Collection Agency
The distinction is not cosmetic. Fees here are agreed in writing at the outset and are never a percentage of what is recovered — a solicitor may not calculate them that way in contentious business, and a percentage model would in any event distort the advice you get about whether a claim is worth pursuing at all. There is no volume chasing and no collection campaign. And there is a constraint every creditor should know: section 11 of the Consumer Credit Act 1995 makes it an offence to demand payment by means calculated to cause alarm, distress or humiliation, or falsely to imply that proceedings have been or will be issued. How a debt is pursued matters, and not only whether it is owed.
The Sequence, in Order
1. Check the clock. Six years for a simple contract debt under the Statute of Limitations 1957, twelve where the obligation is under seal — and a written acknowledgment or part payment can restart it. Establish the accrual date precisely before anything else. 2. Check the debtor. Property, trading status, employment, guarantors, whether a company is still solvent. This determines whether proceedings are worth issuing, and it is the step most often skipped. 3. Check the dispute. A genuinely disputed debt is not a debt claim; it is litigation, priced and paced entirely differently. 4. Demand properly. A letter that states the sum, the basis and the consequence — without overstepping what the law permits. 5. Proceedings. Usually a summary summons for a liquidated sum, in the court that matches the amount. 6. Enforce. The part that turns paper into payment, and the reason the second question at the first call is always: if we get judgment, what will we enforce against?
Richard O’Shea — Solicitor
Solicitor at Mary Molloy Solicitors, established 1981, with offices at The Ormond Building on Ormond Quay — a short walk from the Four Courts. The firm advises creditors on recovery and enforcement, and, in separate matters, advises debtors who have received demands or proceedings. It is a law firm and not a debt collection agency: fees are agreed in writing at the outset and are never calculated as a percentage or proportion of what is recovered. 01 5827148 · richardoshea@marymolloysolicitors.com · LinkedIn