The experienced team at Sheehan Ryan & Co fosters a broad range of clients from across all industry sectors. We advise them on the control, management and recovery of debt.    We can offer debt recovery services to suit all businesses and are known for offering practical and pragmatic advice as well as taking decisive action for our clients when necessary. 

Endorsing the philosophy that early intervention means earlier payment we utilise the best systems procedure available. We are aware of the commercial realities and how cases must be progressed in a timely and professional manner in order to satisfy the needs and expectations of our clients.

Pre legal:  Formal demand letters and follow-up. We check that the claim is maximised and in particular that it makes economic sense to pursue it

Proceedings: Issue and service of Civil Summons, Civil Bill or High Court Summons as appropriate to the referral

Foreign Judgments:  We can apply to the High Court to have Judgments obtained outside Ireland, but within the EU, deemed valid within our jurisdiction

Registration of Judgments:  Where appropriate we may register Judgments in the trade gazettes

Lodgement with Sheriff:  She/He is a Court Officer entitled to seize goods on foot of a judgment in satisfaction of a debt

Instalment and Committal Orders: We can obtain a court order directing the debtor to pay the debt in fixed instalments. If the debtor defaults on the payments we can apply for a committal order to have the debtor committed to prison

Judgement Mortgage:  We can register the Judgment as a mortgage on property owned by the debtor

Orders for Sale:  We may seek an order for the sale of the property to satisfy the debt

Liquidations and Bankruptcy: In appropriate cases, we may apply to have a company put into liquidation or a debtor adjudicated a bankrupt 

Examination of Company Directors: A useful tool to aid enforcement, where subsequent to judgment, the debtor is ordered to attend before the High Court to be examined with a view to determining if the debtor has any property or means of satisfying the Judgment

Investigations:  We can initiate private investigations of debtors and provide a financial profile

Tracing: Where debtors have left their address we can employ a tracing agent to establish their current whereabouts

Company searches: We can supply detailed company reports

Training:  We can hold seminars to educate your staff on the debt recovery process and how to get the best from our service

Review of Agreements:  We can review your agreements and trading conditions to ensure that you are adequately protected.

Upon receipt of your initial instructions we will send a demand letter to the debtor requesting payment within 7 days.   This initial letter is an important step in successfully recovering debts, making it clear to the debtor that failure to pay will lead to proceedings being immediately instituted against them.

If there is no response to our demand letter we will revert to you for further instructions before issuing proceedings.

Once proceedings are served the debtor has a limited period of time to defend the proceedings (the time allowed is in accordance with Court rules).   If they do not defend the proceedings or enter into an acceptable repayment schedule within the time allowed, we will forward an Affidavit of Debt to you for swearing, which would ground our application for Judgment.

Once the Affidavit of Debt is sworn by you and returned to this office we will draft our Judgment papers and send them to the relevant Court office for signing.

Once the Judgment is obtained we will write to the debtor putting him on notice of its existence. In addition, we will seek clear instructions from you in relation to enforcing the Judgment.   There are a number of options open to you at this stage including the following;-

Publication of Judgment

The Judgment can be registered in the central office of the four courts.   This will lead to the publication of the Judgment in the trade gazettes including the Stubbs gazette.

Execution Order to Sheriff

The Judgment can be sent to the Sheriff for seizure of the debtors' assets to the value of the debt, if it has not been discharged.

Instalment Order

If the debtor is an individual as opposed to a company, proceedings can be brought in the local District Court to have the debtors' means examined before a Judge.   An Order will then be made requiring the debtor to pay weekly or monthly instalments until the debt is discharged.  If the debtor defaults on the terms of the Instalment Order he/she will be in contempt of Court and an application can be made for his/her arrest and imprisonment.

Judgment Mortgage

If the debtor is the owner of property, a Judgment mortgage can be registered over the property.   This means that if the property is sold within 12 years of the Judgment mortgage being placed on it, the debt must be discharged from the proceeds of sale.   Once the judgment mortgage is in place an application can be made to Court to force the sale of the property

Bankruptcy

Proceedings can be instituted to seize all of the debtor’s assets.   While it can be a very effective method of enforcement, it could mean that the assets may have to be shared with other creditors.   Each case needs to be fully considered on its own merits

Liquidation

Where the debtor is a company, liquidation  may be an option in certain circumstances.