Most enforcement chases what the debtor holds. These two reach money that is on its way to them — wages from an employer, or a debt owed to them by somebody else — which makes them useful against debtors who never seem to have anything when you look.
Attachment of Earnings
An order directing that sums be deducted from the debtor’s earnings by their employer and paid toward the judgment debt. Its attraction is obvious: it produces a regular payment stream without depending on the debtor’s cooperation month to month, and it works against exactly the profile that defeats other methods — someone employed who owns nothing worth seizing. Its requirements and limits are equally practical. The debtor must actually be in employment, which means the creditor needs to know where, and that is not always straightforward — an examination of means is frequently how it is established. The rate deducted takes account of what the debtor can afford, so it may be modest relative to the debt. And it necessarily involves the employer knowing, which is a consideration for the debtor and occasionally a reason they engage to settle instead. Against a self-employed debtor it is unavailable, which pushes the analysis back toward instalment orders or other routes.
Garnishee
A garnishee order attaches a debt owed to your judgment debtor by a third party, directing that party to pay you instead. The classic examples are money in the hands of someone who owes your debtor for goods or services, or funds held on their behalf. It is potentially the most immediate of all enforcement routes, because it can reach a specific sum rather than a payment stream — if you know it exists. That is the constraint: you generally need to identify the third party and have some basis for believing the money is there, which again is where an examination frequently earns its cost. It is particularly worth considering against a trading debtor with customers of their own — a business that cannot pay you may nonetheless be owed money by others, and that is reachable. As with every method, this is why investigation precedes application: garnishee against an unidentified third party is not an option, and enforcement money spent guessing is enforcement money wasted. The full range of options is set out here.
Methods combine. Enforcement is usually iterative rather than a single decision: an examination produces information, the information determines the application, and the outcome of that application determines the next step. A creditor treating enforcement as one throw of the dice generally throws it in the wrong direction.
Judgment unpaid and the debtor employed or trading? 01 5827148.
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
General information, not legal advice. This website contains general information about Irish law on debt recovery and enforcement. It is not legal advice and does not create a solicitor—client relationship. Every debt turns on its own facts — the documents, the dates, the parties and the debtor’s circumstances — and advice on yours requires a consultation. Statutory thresholds and figures referred to on this site are subject to change and should be confirmed before any step is taken.
A law firm, not a debt collection agency. Mary Molloy Solicitors provides legal advice and representation. It does not operate as a debt collection agency and does not conduct collection campaigns. Fees are agreed in writing with the client at the outset and are never calculated as a percentage or proportion of any sum recovered. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
No outcome is promised. Nothing on this site states or implies that any debt will be recovered, that any asset will be found, that any enforcement step will succeed, or that any claim will succeed. Recovery depends substantially on the debtor’s means, which are frequently unknown at the outset.
How payment may be demanded is regulated. Section 11 of the Consumer Credit Act 1995 makes it an offence to make a demand for payment by means calculated to cause alarm, distress or humiliation, or falsely to represent that legal proceedings have been or will be issued. Nothing on this site should be read as encouraging any such conduct. Mortgage arrears on a principal private residence are dealt with under a separate regulatory framework and are outside the scope of this site.
If you are the person being pursued. Free, confidential and independent money advice is available in Ireland from MABS, the Money Advice and Budgeting Service, and through the Abhaile scheme for people in mortgage arrears. You do not have to engage a solicitor to get help, and taking advice early generally improves the options available. This firm advises debtors in matters separate from those in which it acts for a creditor, and never both sides of the same debt — conflicts are checked before any substantive discussion.
Tax. Nothing on this website is tax advice. Questions about VAT on recovered sums, bad debt relief or the treatment of write-offs belong with your accountant or tax adviser and with Revenue’s own guidance.