Written answers

Thursday, 19 May 2011

Department of Justice, Equality and Defence

Court Procedures

11:00 am

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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Question 101: To ask the Minister for Justice and Equality if there are any plans to change the law in relation to offering a court collection service when a judgment has been made for moneys owed against a debtor in court and the creditor may have to spend more money and time trying to retrieve payment; and if the court could offer a services whereby they collect the moneys owed by the debtor and transfer this to the creditor. [12141/11]

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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As the Deputy may be aware, enforcement of a judgment in a civil matter may be effected by way of an execution order, which would be executed by the sheriff or, if outside Dublin and Cork, the County Registrar in his/her capacity as under-sheriff. On receipt of the execution order, it is then a matter for the sheriff/county registrar to conduct a seizure of the judgment sum and associated fees or goods to that value from the judgment debtor. The sheriff/county registrar acts independently, subject to the terms of the execution order.

The legislative programme for my Department includes a Personal Insolvency Bill that will provide for a new framework for settlement and enforcement of debt and for personal insolvency. The Bill, proposals in respect of which are being developed in my Department, will take into account the recommendations of the Law Reform Commission in its Report on Personal Debt Management and Debt Enforcement of December 2010. There are no plans at present to have the Court Service operate a debt collection service of the type suggested by the Deputy.

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