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Accountant of the Courts of Justice - Funds in court


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Accountant of the Courts of Justice

How to lodge money in court

A schedule to a court order or an attested copy of an affidavit is lodged in the Accountant's office. You then lodge the amount referred to in the document in the Accountant's Office and a receipt will issue in respect of same. The cheque or bank draft should be payable to the Accountant of the Courts of Justice.

How to make a lodgement with a defence

Form No. 9 Appendix P of the Rules of the Superior Courts with a €20 stamp, along with a copy of the originating summons, notice of lodgment and cheque or bank draft, is completed by the solicitors for the defendant(s) and lodged with the Accountant of the Courts of Justice. The notice of lodgement is stamped in the Accountant's Office and returned to the solicitor who then serves same on the plaintiff's solicitors.

As of 16th April 2012, lodgment with defence cases for the circuit and district courts must be lodged to the Accountant’s Office rather than to local court offices.To lodge papers, please follow the steps outlined for High Court but substitute a copy of the civil bill or the civil process for the originating summons.
Order 64A rule 9 of the Circuit Court Rules & Order 12A rule 9 of the District Court Rules allow for the use of the forms prescribed by the Rules of the Superior Courts (Form No. 9 Appendix P).

How to get money out of court after I have reached 18 years of age

If there are funds lodged in court to your separate credit until you reach your majority - that is 18 years - you should, upon attaining your majority, contact your solicitors or alternatively you can apply directly to the Accountant's Office.

All applications to get money out of court must be accompanied by the minor’s PPS number.

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How to take up a lodgement with a defence

(1) If the matter has been ruled in court the Central Office will lodge the payment schedule to the court order in the Accountant's office and the payments will be processed in 2 - 3 weeks.

(2) If the matter has been settled before going to court you can, with the defendants solicitors consent, lodge the following forms to enable you to take up the lodgement.

(a) FORM 11 in Appendix P to Rules of the Superior Courts Request for Payment, with a €20 stamp, to be signed by the plaintiff or the plaintiff's solicitor.

(b) FORM 11 in Appendix P to of Rules of the Superior Courts Request for Payment, with a €20 stamp, to be adapted and signed by the defendant's solicitor.

(c) FORM 6 in  Appendix C to Rules of the Superior Courts Notice of Acceptance  with service endorsed, copy to be served on defendant's solicitor by hand or registered post, if latter, receipt must be included.

(d) LETTER OF CONSENT to late acceptance from defendant solicitor's up to a specific date.

(e) If case is set down for trial - you need letters from both sides to Chief Registrar, Central Office, asking him to remove it from the court list and a copy of the letters for the Accountant's office.

(f) If case is not set down for trial - Certify on Notice of Acceptance that the case was not set down for trial.

(3) If you are the defendant's solicitor and you require to take back the lodgement you will need the following:

(a) FORM 11 in Appendix P to Rules of the Superior Courts Request for Payment, with a €20 stamp, to be signed by the defendant's solicitor. Form to be adapted for this purpose.

(b) Letter of consent from plaintiff's solicitors.

Any funds lodged to the Accountant’s Office for Circuit or District Court cases must be taken up from the Accountant’s Office. 
Order 64A rule 9 of the Circuit Court Rules & Order 12A rule 9 of the District Court Rules allow for the use of the forms prescribed by the Rules of the Superior Courts (Form No. 11 Appendix P or Form 6  Appendix C).

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Relevant Legislation, Rules and Fees

Statutes:

Trustee (Authorised Investments) Act 1958
Trustee (Authorised Investments) Order 1998
Trustee (Authorised Investments) Order 1998 (Amendment) Order 2002
Trade Union Act 1941
Auctioneers & House Agents Acts 1947, 1969 & 1973
Insurance Act 1964
Trustee Act 1893
Companies Act 1963, Section 307(1)
Land Clauses Consolidation Act 1845

Rules of Court:

Order 77, Rules of the Superior Courts
Statutory Instrument No. 344 of 1997
Order 22, Rules of the Superior Courts
Statutory Instrument No. 229 of 1990
Statutory Instrument No. 265 of 1993

Fees:

Supreme Court and High Court Fees Order

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