Can you go to jail for debt in Ireland?
Current system. Under current law, you may be imprisoned only if you can afford to pay debts but refuse to do so. The law that sets out the procedure for committal orders is the Enforcement of Court Orders (Amendment) Act 2009.
What is an enforcement warrant?
This warrant is issued by the Court at the request of the applicant (payee) to enforce the respondent’s obligation to pay money. The warrant must be signed, dated and sealed before it is enforceable. The warrant remains in force for 12 months from the date of issue.
Can bailiffs enter your house when you are not there?
*If the bailiffs haven’t got into your home before, the basic rule is they can’t come in unless you or another adult lets them in. However, the bailiffs can get in without your permission if they can do so without using force, such as entering through an unlocked door or open window. This is called “peaceful entry”.
How do you stop an enforcement order?
How can I stop High Court enforcement officers? If you can’t come to an arrangement to pay off the debt in instalments, you can apply to the court using the N244 court form to stop the HCEOs. This is called a ‘stay of execution’. The court won’t always agree to the stay of execution.
How long can you be chased for a debt in Ireland?
For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
When do I have to serve an enforcement hearing summons?
Any other enforcement hearing summons must be served at least 14 days before the day set for the enforcement hearing. When the enforcement hearing summons is returned from the Court it will include a date, time and place for the enforcement hearing. The summons must be served at least 14 days before that date.
What happens if a debtor does not attend an enforcement hearing?
But if the debtor does not attend at the hearing, unless the registrar can be 100% sure that service was made, they will not likely issue an enforcement hearing warrant (warrant for their arrest). Any other enforcement hearing summons must be served at least 14 days before the day set for the enforcement hearing.
Why do I have to go to court for a summons?
The summons is a court document requiring you to attend court on the date and time listed on the form. The hearing will be to look at your financial position to determine whether you are able to pay the debt and if so, how you will pay it [see Enforcement of Judgments Act 1991 s 4].
What do you need to know about enforcement hearing?
The application is supported by a draft summons (order) and an affidavit in support of the application. The enforcement hearing summons is a summons from the Court summoning the debtor to attend at the enforcement hearing on a date and time set by the Court. It also requires the debtor to produce at the hearing certain documents and things.