{"id":21373,"date":"2018-08-30T10:26:08","date_gmt":"2018-08-30T10:26:08","guid":{"rendered":"https:\/\/legalblog.ie\/circuit-district-court-execution\/"},"modified":"2023-06-17T13:20:47","modified_gmt":"2023-06-17T13:20:47","slug":"circuit-district-court-execution","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/circuit-district-court-execution\/","title":{"rendered":"CCrt &#038; DCrt Execution"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Court_Orders_in_the_lower_Courts\" title=\"Court Orders in the lower Courts\">Court Orders in the lower Courts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Reasons_for_Judgments\" title=\"Reasons for Judgments\">Reasons for Judgments<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#District_Court_Order\" title=\"District Court Order\">District Court Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Recording_the_Order\" title=\"Recording the Order\">Recording the Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Execution_and_Enforcement\" title=\"Execution and Enforcement\">Execution and Enforcement<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Circuit_Court_Orders\" title=\"Circuit Court Orders\">Circuit Court Orders<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Execution_in_the_Circuit_Court\" title=\"Execution in the Circuit Court\">Execution in the Circuit Court<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Attachment_of_Debts\" title=\"Attachment of Debts\">Attachment of Debts<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Effect_of_Order\" title=\"Effect of Order\">Effect of Order<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/circuit-district-court-execution\/#Setting_Judgment_Aside\" title=\"Setting Judgment Aside\">Setting Judgment Aside<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Court_Orders_in_the_lower_Courts\"><\/span>Court Orders in the lower Courts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>District and Circuit Court practice and procedure in relation to the issue and enforcement of court orders is broadly similar to that in the High Court. The District and Circuit Court Rules make specific provision for the enforcement of their respective court orders, which differ in some respects to the High Court rules, set out in the section on the enforcement of judgments.<\/p>\n<p>The District and Circuit Court orders are usually made at the end of the hearing.\u00a0 Judgement is not usually reserved for consideration.\u00a0 Formal written judgements are not usually be given, although the judge may give a summary of his findings and his decision on their legal consequences.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Reasons_for_Judgments\"><\/span>Reasons for Judgments<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The judge may reserve judgment if he or she needs to deliberate on the matters concerned. If the judgement is reserved, it must be entered in a register of reserved judgements.\u00a0 If the judgement is not given within a certain period, the Court Service must list the proceedings before the judge, and give notice of the listing to the parties and the President of the District or Circuit Court. \u00a0The parties will generally attend the hearing at which reserved judgement is given.\u00a0 However, the court may give judgment and issue an order in their absence.<\/p>\n<p>There is a broad constitutional duty on a judge to give reasons for his decision.\u00a0 It should indicate the arguments, which were accepted and rejected and in so far as possible in the circumstances, the reason for the decision.\u00a0 The extent of the requirement for reasons depends on the circumstances.<\/p>\n<p>Where there is a straightforward contest as to what has happened, a brief decision may suffice.\u00a0 If a more complex argument is made, the judge should explain his decision in terms that show the acceptance or rejection of the arguments made.\u00a0 The European Convention on Human Rights obliges courts to give reasons for decisions, having regard to the nature and circumstances of the case.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"District_Court_Order\"><\/span>District Court Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A District Court judgement takes effect immediately unless a stay is placed on its enforcement.\u00a0 This may happen on the application of either party.\u00a0 It is a matter for the court, whether or not to grant a stay.\u00a0 The court may impose such time limits, \u00a0terms and conditions on the stay, as it sees fit.<\/p>\n<p>In the case of a money judgement where the court is satisfied that the defendant is unable to discharge the full sum due by\u00a0 immediate payment, for reasons which are not due to his misconduct or default, \u00a0and there are grounds for granting an extension, the court may stay execution of the judgement on such terms as it sees fit.\u00a0 There may be a requirement that the money is paid in instalments.\u00a0 It may be provided that on failure to pay an instalments, the whole amount becomes due.<\/p>\n<p>Where an order is made for recovery of rates, it may be ordered may be made that the sum is to be paid at once. In default of payment, the sum may be levied by distress and sale of goods and by taking of moneys of the person against whom the order is made.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Recording_the_Order\"><\/span>Recording the Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The District Court Rules \u00a0provide that the judge shall on pronouncing a decision, cause a memorandum of the decision to be entered in the minute book or charge sheet. The District Court Clerk will enter a note of the decision on the court file.\u00a0 The court order will usually \u00a0be drawn up on the basis of this memorandum.<\/p>\n<p>A District Court order in a civil matter, is referred to as a decree.\u00a0 A decree may be made against one party to proceedings and dismissed against another.\u00a0 Decrees may be made against each party, in which event they are referred to as cross decrees.\u00a0 The court may onan application, order that they be set off or that the balance be paid.<\/p>\n<p>Parties to an action may embody their settlement in an agreement and have it made a rule of court.\u00a0 Where a person is not represented, the decrees will be signed and\u00a0 consent shall be proved to the court or by affidavit prior to the court making a decree.\u00a0 Where the parties are legally represented, the consent may be given by their representative.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Execution_and_Enforcement\"><\/span>Execution and Enforcement<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The order \/ judgement itself has a 12-year life.\u00a0 Interest on the judgment has a life of 6 years. A District Court decree \/ order for the recovery of money may require sheriffs and county registrars to take goods in execution to satisfy the debt, costs, VAT and interest. A warrant is added to the decree or dismiss. Where the warrant is for payment of money, the person to whom the warrant is addressed may sell goods by auction within a period fixed by the warrant, and if not fixed within 5 days from which they are seized.<\/p>\n<p>Unless the sum for which the warrant is issued and the expense of taking and keeping the goods are paid before the sale, the goods are to be sold.\u00a0 The surplus after payment of the judgement and all expenses incurred in auctioning, taking and keeping the goods, is to be paid to the persons from whom they were seized.<\/p>\n<p>There is a procedure for attachment and committal before the District Court.\u00a0 A person who is in contempt under a court order, may be ordered to appear before the court. If he fails or refuse to explain his contempt to the satisfaction of the court, he may be committed to prison until his contempt is purged.\u00a0 This is a civil matter and thus is not subject to criminal law protections or procedures.<\/p>\n<p>An application for attachment and committal must be served personally, unless the court for good reason, otherwise directs. In advance of bringing proceedings for attachment and committal, a copy of the court order must be served.\u00a0 This may be by personal service, if possible.\u00a0 The order must contain a penal endorsement specifying the time within which the relevant act is required to be done.\u00a0 The penal endorsement must state that if the order is disobeyed, that the person to whom it is addressed may be imprisoned of fined or compelled to obey it.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Circuit_Court_Orders\"><\/span>Circuit Court Orders<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Circuit Court rules in respect of orders and judgements are broadly similar to those in the District\u00a0 Court. Where the court makes an order, the registrar records the terms of the order and drafts a document to reflect it.\u00a0 Once prepared, the order is made available in the Circuit Court Office. An order requiring something to be done requires a penal endorsement.<\/p>\n<p>The rules in respect of consent orders are similar to the position above.\u00a0 A judgement by consent, may be available from the Circuit Court Office, provided that all parties are of full age and consent to the making of the order.\u00a0 The consent may relate to debt, breach of contract, delivery of goods, ejectment or rent. The only conditions must relate to the suspension of enforcement or payment in instalments.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Execution_in_the_Circuit_Court\"><\/span>Execution in the Circuit Court<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Circuit Court execution order is a separate document to the judgment \/ decree.\u00a0 An execution order may be issued at the request of the parties from the Circuit Court office.\u00a0 The execution order enables the sheriffs or outside Dublin, the County Registrars to seize goods in satisfaction of the debt.\u00a0 A requisition for an execution order must be lodged in the Circuit Court office.<\/p>\n<p>The execution order directs the sheriff to levy the money due together with interest, costs, value added tax etc. Goods or moneys, including financial instruments, may be seized, This does not apply to certain items such as tools and equipment.\u00a0 See our section on enforcement by the Sheriff Enforcement.<\/p>\n<p>The Circuit Court rules make provision for orders for the possession of lands.\u00a0 Where \u00a0an order is made to the possession or delivery of land, an execution order may not issue until proof has been given that the order has been served and disobeyed.<\/p>\n<p>Where an order is made for recovery of any property other than money or land, the Circuit judge, may on an application of the claimant, may issue an order that the delivery of the property without the option to retain the same upon payment of money. If the property cannot be found, the sheriff may be ordered to seize all goods, chalets and land, until the property is delivered or returned. Alternatively, at the option of the claimant, the \u00a0sheriff may levy the claimant\u2019s goods for the value of the assessed property.<\/p>\n<p>Where an order is made against a partnership, execution may issue against the property of the partnership and against\u00a0 persons who have appeared who have failed to make a defence or who have admitted that they are, or have been determined to be partners. If a person has obtained an order which he claims to be entitled to enforce against another member of the partnership or firm, he may apply to the court for leave to do so.<\/p>\n<p>An execution order remains enforceable for one year after issue.\u00a0 Thereafter, it may be renewed.\u00a0 The judgement on which it is based remains in place for 12 years.\u00a0 Interest on \u00a0arrears of a judgment debt are barred form enforcement after six years.<\/p>\n<p>The procedure for attachment and committal in the Circuit Court is broadly similar to that in the District Court.\u00a0 The copy of the order must be served on the defendant and must contain a penal endorsement.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Attachment_of_Debts\"><\/span>Attachment of Debts<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Circuit Court Rules make provision in respect for garnishment of debt and other sums due to the defendant. An application may be made by one party, either before or after examination of the debtor by the court, for an order, that sum due to the judgment debtor, should be appropriated in satisfaction of the judgement. The court has discretion as to whether to grant an attachment of debts receivable.<\/p>\n<p>There is no general attachment of earnings order procedure, in the Circuit Court or in the District Court. Wages and salary may not be attached, unless the judge is satisfied that a sufficient amount is left for the judgment debtor to maintain himself and his dependents.\u00a0 The order may be varied on an application.<\/p>\n<p>The application for the attachment of debts by garnishee involves two steps.\u00a0 The first is a one sided application, seeking a conditional order.\u00a0 This must be based on \u00a0evidence of the debt due and the debts to be attached.\u00a0 The garnishee debtor must be situated within the jurisdiction.\u00a0 Evidence must be given that the principal order was not been enforced by way of sheriff seizure.<\/p>\n<p>The garnished debtor may wish to dispute the liability and is entitled to appear on the return date and explain why the order may be discharged.\u00a0 The conditional order granted at the one-sided application, must be served on the garnishee and the judgment debtor personally, unless otherwise directed.\u00a0 On the hearing day, the garnishee or judgment \u00a0debtor may make representations. \u00a0Where the court if it is satisfied may order execution to levy in the amount due from the garnishee or such amount as is required to satisfy the principal.<\/p>\n<p>The Circuit Court Rules provide for a procedure in the Circuit Court for equitable execution.\u00a0 See generally the section of enforcement in respect of equitable execution.\u00a0 Equitable execution involves \u00a0the appointment of a receiver over the attached property by way of enforcement.\u00a0 This facilitates enforcement against certain intangible assets.<\/p>\n<p>The procedure is broadly similar to that in respect of attachment of a debt.\u00a0 The first stage is a one-sided application, which results in a conditional order.\u00a0 The conditional order is served on the relevant parties and will be made absolute unless they appear and make representations, which the judge accepts.<\/p>\n<p>The court must be satisfied that the assets may be assigned.\u00a0 The assignment must be over a specific property only rather, than the entire assets of the debtor.\u00a0 An order will not be made if it is futile. As with other such orders, an application may be made to amend or vary them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Effect_of_Order\"><\/span>Effect of Order<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Once a court order is issued, it is generally final and binding between the parties, in relation to the matter it deals with. The finality of an order, is subject to the possibility of an appeal. A court order may be set aside in certain exceptional circumstances, such \u00a0as having been obtained by fraud or dishonesty.<\/p>\n<p>The District and Circuit Courts may correct immaterial errors, slips and accidental omissions in a court order.\u00a0 The error must be an oversight or obvious mistake, and in no way go to the merits of the matter. The court itself may amend the order, even after it has been finalised in order to correct such an error.\u00a0 This may be done only for the purpose of rectifying the decision intended or for correcting an accidental slip.<\/p>\n<p>Interest may be awarded under the Courts Act, on a money judgment. Where the claim is for a sumo f money, the judge may also order interest at the rate per annum specified by law. Where, as is commonly the case, the particular contract or the general late payment legislation provides for interest, then the judge may choose not to exercise his discretionary power to avoid interest.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Setting_Judgment_Aside\"><\/span>Setting Judgment Aside<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Where a judgement has been obtained without an Intention to Defend (in the District Court) or and appearance \/ Defence (in the Circuit Court) being entered (in default) an application may be made to have the judgment set aside.\u00a0 The application must be made to the court to vary or set aside the decree for good cause. Fraud, surprise, mistake or other reason may suffice.\u00a0 The original order is not suspended, unless the sum ordered to be paid, is lodged in court.<\/p>\n<p>If an order was not obtained in compliance with the rules or there were some patent irregularity, such as defective service, the court will more readily set aside the order. Where a judgement is regular, but an appearance was not made, the matter of setting aside the order will be at the discretion of the court.<\/p>\n<p>The reasons for default must be specified in the application to set the order aside. The motion to set aside the judgment must itself, be on notice to the claimant. The court must be satisfied that there is a valid and bona fide defence. The merits of the defence are highly relevant. If there was a good reason for failing to defend, the court is likely to exercise its discretion, in the interest of doing justice. The judgement may be satisfied in such terms as the court decides, including terms in relation to costs.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-21373\" data-postid=\"21373\" class=\"themify_builder_content themify_builder_content-21373 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Court Orders in the lower Courts District and Circuit Court practice and procedure in relation to the issue and enforcement of court orders is broadly similar to that in the High Court. The District and Circuit Court Rules make specific provision for the enforcement of their respective court orders, which differ in some respects to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[326],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21373"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=21373"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21373\/revisions"}],"predecessor-version":[{"id":21427,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21373\/revisions\/21427"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21373"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21373"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21373"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}