The court may order arrest and imprisonment of the debtor within a period up to three months.\u00a0 Such an order may not be made if it is shown or appears to the judge the failure was due neither to wilful refusal or culpable neglect.\u00a0 The court may treat the application for committal as an application for variation of the installment order.<\/p>\n
A warrant for imprisonment is addressed to the Garda Siochana for execution and delivery of the debtor to prison.\u00a0 If it is not executed, the Gardia must certify the reason for non-execution on returning the warrant.\u00a0 It may be re-issued by the court.<\/p>\n
A committal order is punitive in nature.\u00a0 It may not be issued more than once in respect of payment of the same debt or instalment. It is in essence committal contempt, in the non-payment of an instalment which\u00a0 the Court has determined to be affordable. If the debtor did not attend the instalment order application, then an order for payment in a single payment may have been made without his ability to pay being determined.<\/p>\n
Where a creditor enters an agreement for a settlement of the debt which is fulfilled in whole or in part, he is likely to be deemed to waive his right to enforce.<\/p>\n
There is an appeal against a committal order.\u00a0 This does not act as a stay on execution unless the court so orders.<\/p>\n
A debtor who has been is entitled to be realease on payment of these sums due together with costs and such other sum if any as the judge may deem reasonable.<\/p>\n
The judge may direct release of a person who has been committed.\u00a0 He may do so for any reason deemed sufficient.\u00a0 The direction may be made on the basis of payment of part of the sum due.<\/p>\n
A direction is not to be made without consulting the judge unless the Minister is satisfied that such consultation is impracticable.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Context Execution is the process by which court orders are enforced and implemented. Court orders are not implemented automatically. Generally, the party who seeks enforcement must take the initiative unless the defendant complies with the order voluntarily. There are incentives for voluntary compliance in terms of costs, credit rating and avoidance of the intrusion of […]<\/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\/21374"}],"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=21374"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21374\/revisions"}],"predecessor-version":[{"id":21424,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/21374\/revisions\/21424"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=21374"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=21374"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=21374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}