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Circuit Court - Judgments sets


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Applications for judgment for liquidated sums in Circuit Court offices pursuant to Order 26 of the Circuit Court Rules 2001.

The documents required for a judgment set.

  1. Original sealed civil bill with correct stamp duty.
  2. Declaration and endorsement of service. This should include proof of posting.
  3. You may be asked for a copy of 14 day warning letter to defendant(s) of the plaintiffs intent to have judgment in default of appearance or defence marked against them. *
  4. Affidavit of debt.
  5. Certificate of no appearance or affidavit of no defence.
  6. Request for judgment in default of appearance or defence with correct stamp duty 
  7. Judgment in default of appearance or defence.
  8. Request for execution order.
  9. Execution order. This should include completed endorsement and current schedule of Sheriff's Fees.
  10. Letter waiving Courts Act interest if this was claimed in the civil bill.
  11. Memorandum of registry of judgment with stamp duty. This is optional and if it is required, it should be submitted in duplicate.
  12. Notice of intention to proceed with affidavit of service. This is only required where over one year has elapsed since the last pleading.

    * You should check with the court office before lodging the papers.

What a civil bill should contain in order to obtain judgment.

  • The civil bill must show jurisdiction on its face - this means that the circuit (for example, Dublin Circuit) is the correct circuit to deal with this case.
  • The civil bill must indicate that the contract which is the subject of the debt, was made within the past six years or that the debt became due and owing within the past six years.This is not applicable to the Revenue Solicitors.
  • The six day costs to be stated. This is currently €326.33 (allowing for increased stamp duty and including VAT).
  • The civil bill must be stamped with the correct stamp duty.
  • The civil bill must be served within 1 year of being issued.

Requirements for endorsement and statutory declaration of service.

  • The particulars of service must be endorsed on the original civil bill within 3 days of service.
  • The appropriate acts must be quoted, for example, Statutory Declarations Act 1938, and the Courts Act 1964 and 1971 for registered post) or the Companies Act 1963 (on the registered office of a company).
  • Where service is carried out under the Courts Act 1964, the declaration must state that the particulars of service were endorsed within 3 days of service.
  • Indicate where service took place - that is - residence/business/registered office applies.
  • Proof of posting is required and this should be initialled by the deponent. Practitioners can submit the standard declaration form exhibiting a print-out of the tracking number issued by An Post or a certificate of postage or an extract from the postal registration book or a registration slip.

Notice of intention to proceed.

  • This is required and should be served where more than 12 months has elapsed from the date of the last pleading. This should be served by way of registered post unless otherwise provided. A declaration of service is required for this.

Affidavit of Debt.

  • Affidavits must state whether or not VAT is payable and if so, whether it is recoverable or not.
  • Affidavits must specify what, if any, amount has been paid since the issue of the civil bill and swear positively that the debt for which judgment is sought is actually due and owing at the date of swearing.
  • Interest under the Courts Act should be waived for the purpose of obtaining judgment in the office. This can be done by letter or in the affidavit of debt.
  • Contractual interest claimed should be brought up to date or waived.
  • If interest under EC (Late Payment in Commercial Transactions) Regulations 2002 has been claimed for in the civil bill, then it should be brought up to date or waived. The affidavit should also address the requirements in Regulation 4(4) - see S.I. No. 388 of 2002.
  • Foreign currency claims must include a letter from a bank converting the amount due to euros as of the date of swearing the affidavit of debt.
  • In the case of guarantees, lease arrangements and hire purchase agreements, certified copies should be exhibited with Affidavits of Debt.
  • Affidavits of Debt must be lodged in the Circuit Court Office within 28 days of being sworn.
  • All exhibits must be dated and signed.

The requirements in respect of the other documents in a judgment set.

  • The certificate of no appearance must be signed and dated by the County Registrar.
  • An affidavit of no defence is required where an appearance is entered - this may be dealt with in the affidavit of debt or sworn separately. A certificate of no defence is not required.
  • All request documents must be signed and dated by the plaintiff's solicitor.
  • The execution order must have a copy of the Sheriffs Fees and Expenses Order attached and an endorsement of execution order must be completed.

To issue an execution order on foot of a court decree.

  • Request form.
  • Court Order.
  • Where costs have been taxed, a certified copy of the certificate of taxation is required.
  • Certificate that no payments have been made since the date of the Court Order.
  • If payments have been made, an affidavit stating how much has been paid and the balance currently due and owing with the correct stamp duty.
  • Execution Order and Schedule of Sheriffs Fees 2005.
  • Memorandum of Registry of Judgment (if required) with stamp duty on the original only and submitted in duplicate.

To issue an execution order on foot of a PIAB Assessment.

  • Request form.
  • Certified copy of PIAB order to pay.
  • Certificate that no payments have been made since the date of the order to pay.
  • If payments have been made, an affidavit with the correct stamp duty stating how much has been paid and the balance currently due and owing.
  • Execution Order and Schedule of Sheriffs Fees.
  • Memorandum of Registry of Judgment (if required) with stamp duty on theoriginal only and submitted in duplicate.

The requirements for issuing an execution order on foot of a determination under the Payment of Wages Act.

  • Request for Execution.
  • The Determination of the Rights Commissioner, a certified copy will suffice,
  • An Affidavit to effect no payment received and no appeal lodged.
  • Execution Order and copy of Sheriffs Fees 2005.
  • Memorandum of Registry of Judgment (if required) with stamp duty on the original only and submitted in duplicate.

The requirements when seeking a renewal of an execution order.

  • Request for Renewal of Execution Order
  • Grounding affidavit - see Order 36 r 14 of Circuit Court Rules with the correct stamp duty.
  • Original execution order.
  • Submitting a memorandum of registry of a judgment
  • You should submit the memorandum in duplicate with the stamp duty on the original only.
  • A separate memorandum is required for each person affected.

Registering a judgment as a mortgage.

  • You should submit the affidavit to register judgment as a mortgage in duplicate with the correct stamp duty on the original affidavit only.

Entering a satisfaction.

  • Satisfaction piece with a memorandum or certificate of satisfaction as applicable.
  • Affidavit and requisition to enter satisfaction of judgment with stamp duty.
  • Memorandum of satisfaction of a judgment submitted in duplicate with stamp duty - on original only.
  • Certificate of satisfaction is issued by the Circuit Court only where required by the Registrar of Titles. Submit this in duplicate with stamp duty on the original only.
  • This information is only relevant to procedures in the Dublin Circuit Civil office. It is not exhaustive and you should have regard to the Circuit Court Rules and relevant legislation.

 






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