Glossary of Terms
The following section contains a glossary of legal terms – some
of the entries provide access to more detailed information.
A / B
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/ I / J
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/ P / R
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| Term | Explanation |
|---|---|
| Affidavit of Debt | Document sworn by the client in order to obtain Judgement setting out the facts of the case and confirming the balance due |
| Appearance | In the Circuit or High Court, an indication from the debtor that he intends to defend the case |
| Appointment of Receiver/Liquidator | See Receiver or Liquidator |
| Bankruptcy | The procedure by which the debtor's assets are realised and, after payment of preferential and secured creditors, the balance (if any) is distributed, in proportion, to unsecured creditors |
| Circuit Court | The court which deals with claims for amounts between €6,348 and €38,092 |
| Civil Bill | Document initiating legal proceedings in the Circuit Court |
| Civil Summons | Document initiating legal proceedings in the District Court |
| Committal Order | A District Court Order directing that the debtor be
committed to prison for breaching the terms of the Instalment Order (i.e. for non-payment of instalments) |
| Committal Warrant | Document issued by the District Court to the Gardai directing that the debtor be imprisoned on foot of the Committal Order |
| County Registrar | An officer of the Circuit Court who grants Judgements and acts as County Sheriff |
| Court Interest | Interest chargable on debts where Judgement has been granted, currently at 8% |
| Creditors Meeting | Meeting called to examine the position of a Debtor Company in relation to their debts and which usually results in the appointment of a Liquidator |
| Defence | Document lodged in court by the debtor which offers a rebuttal of the Plaintiff's claim that the debt is due and owing |
| Defendant | The party against whom legal action is brought; the debtor by whom the money is owed |
| District Court | The court which deals with claims for amounts up to €6,348 |
| Enforcement | Procedures taken after Judgement for recovery of the debt |
| Examination of Company Directors | Application is made to the Master of the High Court to order a director of a company to appear before it and give evidence relating to his running of the company |
| Foreign Judgements | A Judgement obtained in another EU state which the creditor wishes to enforce in Ireland. |
| Garnishee Order | A Court Order directing a specified third party who owes money to the debtor to pay the creditor instead |
| High Court | The court which deals with claims for amounts over €38,092 |
| Instalment Order | An Order of the District Court directing the debtor to make payment of the debt by regular instalments |
| Judgement | An Order of the District, Circuit or High Court confirming that the debt is due and directing that payment be made |
| Judgement Mortgage | Judgement is registered as a Mortgage against the Debtor's property |
| Judgement Mortgage Affidavit | Document sworn by the client when applying for a Judgement Mortgage |
| Jurisdiction | The court, depending on the value of the debt, in which legal action is taken; District, Circuit or High Court |
| Land Registry | Public Office which holds details on all property in Ireland where title is Registered Title |
| LBA | Letter before action; formal demand on the debtor for payment |
| Limited Company | An incorporated entity which can sue or be sued in it's own name |
| Liquidator | An Accountant appointed to manage and oversee the winding up of a company and the disposal of it's assets |
| Motion | An application on Affidavit to the Circuit or High Court for a Court Order |
| Notice for Particulars | Document furnished by the debtor seeking further details of the plaintiff's claim |
| Notice of Intention to Defend | In the District Court, an indication from the debtor that he intends to defend the case |
| Order for Sale | A Court Order, obtained on foot of a Judgement Mortgage, directing that the debtor's property be sold to discharge the debt |
| Plaintiff | The party bringing legal action; the creditor to whom the debt is owed |
| Property Search | Procedure whereby a firm of Law Searchers will make enquiries in the Land Registry and Registry of Deeds to determine whether the debtor is the owner of property |
| Receiver | An Accountant appointed to manage the affairs of a company or, in exceptional circumstances, an individual |
| Receiver by way of Equitable Execution | A Court Order directing that specified monies which may fall due to the debtor in due course be paid to the creditor instead (e.g. the proceeds of a court action) |
| Registration of Judgement | Procedure which leads to the publication of the Judgement in the Experian Gazette and Stubbs Gazette |
| Registry of Deeds | Public Office which holds details on all property in Ireland where title is Unregistered Title |
| Reply to Notice for Particulars | Document furnished by the plaintiff providing the details sought in the Notice for Particulars |
| Scale Fees | Sliding Scale of Court Costs recoverable from the Debtor in legal proceedings |
| Sheriff | Court Officer empowered to sieze goods owned by the debtor to satisfy the debt |
| Statute of Limitations | Period within which legal action can be taken for recovery - normally six years for debt |
| Substituted Service | Where court documents cannot be served on the debtor by registered post, an application is made to the Court for an Order directing that they be served by ordinary post, or personally |
| Summary Proceedings | Proceedings taken with a view to obtaining Judgement through the Court Office, where a debt only is due and there is no issue of damages or property to be recovered |
| Summary Summons | Document initiating legal proceedings in the High Court |
| Summons for Attendance of Debtor | Summons issued on behalf of the Creditor directing that the Debtor attend his local District Court for the making of an Instalment Order |