Debt Recovery & Enforcement
Debt recovery solicitors in Dublin 2, acting for businesses, lenders, debt purchasers, receivers and liquidators in recovering what they are owed, from the first letter of demand to judgment and enforcement and, where a debtor has hidden assets, the search for them.
Recovering a commercial debt
Most debts are recovered without a hearing. A letter of demand from a solicitor, setting out the debt, the interest and the consequences of not paying, is often enough. Where it is not, a liquidated debt is pursued by summary summons in the High Court or by civil summons in the Circuit or District Court, and judgment is obtained on affidavit without a full trial unless the debtor can show an arguable defence. Where a company owes the debt, a statutory demand under section 570 of the Companies Act 2014 followed by a winding up petition is often the quickest route, and where an individual owes it, a bankruptcy summons. We advise at the outset which route fits the debt, the debtor and the client's appetite for cost.
Enforcing a judgment
A judgment is a piece of paper until it is enforced, and the firm uses the full range of enforcement tools. Registration of the judgment as a judgment mortgage against the debtor's property, followed if necessary by proceedings for a well charging order and sale. Examination of the debtor as to means and instalment orders. Garnishee orders attaching debts owed to the debtor by third parties. The appointment of a receiver by way of equitable execution over rents, shares or other income. Orders of fieri facias to the sheriff. And, where a debtor has arranged their affairs to defeat creditors, applications to set aside transfers and injunctions to freeze what remains.
Enforcement of security
For lenders, debt purchasers and receivers we enforce mortgages, charges and guarantees, including proceedings for possession of secured property, the appointment of receivers, the enforcement of personal guarantees against directors, and the defence of challenges to the validity of the security or the appointment. The firm's work for receivers and liquidators is described under Commercial Insolvency & Restructuring.
Cross border enforcement and asset tracing
Judgments of the courts of other EU Member States are enforced in Ireland under the recast Brussels Regulation without any intermediate procedure, and Irish judgments are enforced abroad in the same way. Judgments from the United Kingdom and other countries outside the Union are enforced under the Hague Conventions where they apply and otherwise by proceedings on the judgment in the Irish courts, and we act in both directions, including for judgment creditors based outside Ireland. The firm also acts in asset tracing, using the examination of debtors, discovery against third parties, Norwich Pharmacal orders against banks and others, and the European Account Preservation Order to find and freeze bank accounts in other Member States. Robert Bourke and Adam McCarthy have written on the new asset tracing powers under Directive (EU) 2026/799.
Defending a claim
The firm also acts for debtors and guarantors. A debt is not always owed in the amount claimed, interest is not always correctly calculated, a guarantee is not always enforceable, and a defective demand can be set aside. Where a client is being pursued we assess the claim quickly and advise whether to defend it, to negotiate a settlement or forbearance arrangement, or to address the underlying position through a restructuring.
Common questions
How long does it take to get judgment for a debt in Ireland?
Where the debtor does not enter an appearance, judgment in default can be obtained within weeks of service. Where an appearance is entered, a motion for summary judgment in the High Court is usually heard within a few months of issue. A defended claim that is sent for plenary hearing takes considerably longer.
What is a judgment mortgage?
A judgment registered against the debtor's land in the Land Registry or the Registry of Deeds. It secures the judgment debt against the property, ranks behind earlier mortgages, and can be enforced by an order for sale. It is one of the most effective enforcement tools where the debtor owns property.
Can I recover the costs of debt recovery from the debtor?
A successful creditor is normally awarded costs against the debtor, and contractual interest or interest under the Courts Act 1981 is recoverable. Whether costs are actually recovered depends on the debtor's means, which is why the choice of enforcement method matters.
Can a UK judgment be enforced in Ireland?
Yes. Depending on when the proceedings began and the terms of the contract, a judgment from the United Kingdom is enforced under the Hague Conventions or by proceedings on the judgment in the Irish courts. Judgments from other EU Member States are enforced directly under the recast Brussels Regulation.