Judgment in default is judgment entered because the defendant did not respond in time. For a creditor it is the cheapest and quickest result available. For a debtor it is the outcome that most often should never have happened.
For Creditors
Where proceedings are served and the defendant enters no appearance within the time allowed, or fails to deliver a defence, judgment may be sought in default. It is how the overwhelming majority of undefended debt judgments are obtained, and it is the reason properly served proceedings are so much more effective than further correspondence. Two practical points. Service matters. A judgment obtained on proceedings that were not properly served is vulnerable, and a defendant who genuinely never received them has a much stronger case for setting the judgment aside. Get service right rather than expediently. And judgment is not the end. A default judgment is a piece of paper until it is enforced, and the debtor who ignored proceedings entirely is quite often the debtor who has nothing — ignoring correspondence and having no assets correlate more than creditors would like.
For Debtors: Why This Is the Thing to Avoid
Judgment can be entered against you on a debt that was statute-barred, or overstated, or genuinely disputed, or owed by somebody else entirely — purely because nobody replied. Limitation in particular is a defence that must be raised; a court does not apply it for you. So a debt you could have defeated completely becomes a judgment against you, with the consequences that follow: it can be registered and published, it affects credit, and it opens the enforcement routes described elsewhere on this site. Default judgments can sometimes be set aside on application, but that requires promptness, an explanation for the failure to respond, and usually an arguable defence — and it is considerably harder and more expensive than responding in time would have been. The rule is simple and worth repeating: note the date of service and do not ignore proceedings. If you cannot afford advice, free confidential independent help is available from MABS, and through the Abhaile scheme in mortgage arrears. What to check is set out here.
Do not respond by making a small payment either, without advice. A part payment or a written acknowledgment can restart the limitation clock on an old debt — so the instinctive gesture of paying something to show good faith can revive a liability you might otherwise have defeated.
Served with proceedings? 01 5827148 — or MABS, free and independent.
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.