Glossary of Terms

The following section contains a glossary of legal terms – some of the entries provide access to more detailed information.

A   /   B   /  C   /   D  /  E   /  F  /  G   /   H   /  I   /   J  /   L   /  M   /   N   /   O   /   P   /   R   /   S

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
 
Croskerrys | Disclaimer | Email | Sitemap  
Croskerrys Solicitors, 2-4 Ely Place, Dublin 2, D02 FR58, Ireland Tel: + 353 1 6620099, Fax: + 353 1 6620688 | Designed By Clearscape