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Debt Collection

The right team, for your rights

Unpaid debts can spell ‘disaster’ for any business. They can decimate cash flow, stall growth and create uncertainty. It may even affect your ability to pay staff or creditors and may ultimately harm your reputation beyond repair. As business owners ourselves, we understand the importance ensuring outstanding debts are paid as fast as possible.

 

Trusted by companies large and small, O’Brien Murphy Solicitors can help recover any debt owed to your business – our experienced debt collection solicitors will work closely with you and will provide practical advice to help you recover the maximum amount of debt, as quickly as possible and with minimum cost.

 

To make the process as efficient and cost effective as possible, our goal is always to resolve matters without resorting to legal proceedings. However, should this not be possible, our team of debt collection solicitors is supported by a highly qualified and experienced team of litigation specialists who stand ready to represent your interests should there be a need to initiate court proceedings.

When to contact us

 

Whether it’s the non-payment of an undisputed invoice or complex debt disputes involving numerous parties, seeking the advice of a debt collection solicitor is in your best interest. Perhaps one of the most unattractive parts of commerce, a debt collection solicitor will make the process less time-consuming, less frustrating and less stressful – allowing you to focus on what is important like serving your clients/customers and growing your business.

In saying that, it is important to note that there are some practical and cost barriers when engaging the services of a debt collection solicitor. For example, although we are extremely cost-efficient, O’Brien Murphy Solicitors cannot effectively handle debt collection claims with a value below €2,000.

It is also important to bear in mind that if the debt has been due for more than 6 years, you can no longer bring court proceedings. Although this does not mean that the debt can no longer be collected, it does mean that you can no longer use the threat of legal action to secure the payment of that debt.

The process

 

Step 1 – Talk to us

Your first step should always be to seek legal advice by calling O’Brien Murphy Solicitors. We’ll provide practical and impartial advice, making the experience as informative and as straight forward as possible.

Step 2 – Make contact

From experience we know that, apart from collecting the money owed, one of the overarching challenges facing our clients has been to preserve the commercial relationship they have with the debtor. We therefore always advise our clients to contact the debtor themselves if they have not already done so. Very often there is a simple explanation and the matter is resolved at this point.

Step 3 – Issue a demand of payment letter

If the debt remains unpaid, our team will send a letter demanding payment. From experience, we know that those who received a letter from a solicitor with the threat of court action are usually more motivated to pay any outstanding debts.

Step 4 – Court proceedings

If the payment is not forthcoming or if no response has been received, we will issue court proceedings in the relevant court (District Court, Circuit Court or High Court/Commercial Court). We understand that the decision to initiate legal action can be quite intimidating, but you will be doing so in knowledge that we will be there to represent and guide you through process – every step of the way.

Enforcement

 

If your debt collection case is successful in court, a judgment for payment can be enforced in a number of ways:

 

Registry of Judgments

You can register a judgment in the registry of judgments whereupon it will appear in Stubbs Gazette.

 

Sheriff

You can lodge the judgment with the Sheriff who will then at attempt to seize any of the debtor’s assets. Once seized, the assets are sold and the proceeds go towards paying the debt.

 

Judgment Mortgage

You can seek a judgment mortgage which can be registered over any land or property owned or part owned by the debtor. This will ensure that your debt is repaid if the property is ever sold.

 

Instalment Order

The court can order that the debt be paid in instalments. This will depend on the financial circumstances of the debtor.

 

Garnishee Order

If the debtor is owed money by other third parties, you can ask the court can order that the third parties pay you the value of the debt directly.

 

Liquidation

If the debt is owed by a company, you can petition the High Court to wind up (liquidate) the company on the grounds of insolvency. If this is successful, a liquidator will be appointed and will sell the assets and then use the proceeds to pay back the creditors.

 

Bankruptcy

If the debt is owed by an individual, you can apply to have them be made a Bankrupt.

Contact O’Brien Murphy Solicitors

 

If you would like to discuss how we can help you or if you would like to avail of a free, no obligation consultation, contact our debt collection team on 01 874 6959 or by email to info@obm.ie.

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