ENFORCEMENT OF JUDGMENTS AND ORDERS
1 — DEFINITIONS
the ‘1926 Act’ means the Enforcement of Court Orders Act 1926 (No 18 of 1926);
the ‘1940 Act’ means the Enforcement of Court Orders Act 1940 (No 23 of 1940);
the ‘1986 Act’ means the Courts (No. 2) Act 1986 (No 26 of 1986);
the ‘2009 Act’ means the Enforcement of Court Orders (Amendment) Act 2009 (No 21 of 2009);
‘debt’ includes any balance of a debt remaining due after payment or recovery of part of the debt originally due;
‘instalment order’ means an order of the Court under section 17 of the 1926 Act for the payment of debt and costs made in examination proceedings;
‘judgment’ includes any order or decree of a competent court;
‘return date’ means the date of the sitting of the Court at which the examination of the debtor is to take place or, as the case may be, at which an application to vary an instalment order is scheduled to be heard.
2 — ENFORCEMENT UNDER THE ENFORCEMENT OF COURT ORDERS ACTS 1926 TO 2009
2 Court venue
2. Proceedings for the enforcement of a judgment under the Enforcement of Court Orders Acts 1926 to 2009 may be brought, heard and determined at any sitting of the Court for the Court area in which the debtor is ordinarily resident.
3 Summons for attendance of debtor and statutory declaration
3. (1) When a debt is due on foot of a judgment of a competent court and the creditor requires the attendance of the debtor before the Court for examination as to the debtor’s means under section 15 (as substituted by section 1(1) of the 1986 Act) of the 1926 Act, the creditor may proceed in accordance with this rule.
(2) The creditor or the creditor’s solicitor may lodge with the Clerk in duplicate for issue a summons in the Form 51A.01, Schedule C and the statutory declaration (in the Form 51A.03, Schedule C, modified as appropriate) required by section 15(2) of the 1926 Act.
(5) The summons must be served on the debtor in a manner prescribed in Order 41 at least 14 days or, if service is by registered post, at least 21 days, before the return date.
4 Statement of means
4. (1) A summons under rule 3, in addition to requiring the attendance of the debtor in Court on the return date for examination as to his or her means, also requires the debtor to complete and file with the Clerk not less than one week before the return date a statement of means (Form 51A.02, Schedule C) attached to the summons.
5 Creditor’s proofs
5. (1) At an examination pursuant to a summons served under rule 3(2) the creditor or creditor’s solicitor must produce to the Court:
(b) a certificate in the Form 51A.04, Schedule C signed by the creditor or creditor’s solicitor setting out the amount outstanding at the date of the certificate, and
(2) A copy of the certificate referred to in sub-rule (1)(b) must be given to the debtor or debtor’s solicitor before the return date.
6 Instalment order
6. (1) An instalment order may be served on the debtor in accordance with Order 41.
7 Variation of an instalment order
7. (1) Where a person wishes to apply to the Court under section 5 of the 1940 Act to vary the terms of an instalment order, that person must apply to the Clerk for the issue of a summons in the Form 51A.05, Schedule C, modified as appropriate.
(2) The summons to vary must be served on the creditor or the debtor, as the case may be, in accordance with Order 41.
(4) The applicant must serve the order of the Court granting the application to vary on the other party in accordance with Order 41.
8 Failure to comply with an instalment order
(2) The creditor or the creditor’s solicitor may lodge with the Clerk in duplicate for issue a summons in the Form 51A.06, Schedule C, modified as appropriate and a statutory declaration (in the Form 51A.03, Schedule C, modified as appropriate).
(7) An application for a direction under section 6(2)(e) of the 1940 Act that a summons issued under section 6(1) of the 1940 Act be served on the debtor otherwise than by personal service may be made ex parte to the Court at any sitting of the Court.
(8) Where such a direction is given, the summons may, notwithstanding sub-rule (2), be served in accordance with the direction.
(9) Unless otherwise directed by the Court, a notice in writing under section 6(5) of the 1940 Act to the debtor of a new date fixed for a hearing of a summons may be handed by the Clerk to the debtor in Court or sent by ordinary post to the debtor.
(10) Unless otherwise directed by the Court, a notification under section 6(3)(b) of the 1940 Act to the debtor of a new date fixed for a hearing at which the debtor is required to attend must be by notice in writing served personally on the debtor.
(11) A copy of a notice mentioned in sub-rule (10) and a statutory declaration of service of the notice must be lodged with the Clerk at least four days before the new date fixed for the hearing.
(12) Where the Court, in accordance with section 6(7)(b) of the 1940 Act, requests the creditor and the debtor to seek resolution by mediation within such period as the Court may specify, the Court must adjourn the proceeding generally with liberty to re-enter it.
(14) The Clerk must re-list the proceeding for hearing and must send notice of the re-listing to the debtor, to any solicitor who appeared for the debtor on the initial hearing of the summons, and to the creditor by ordinary post.
(15) The creditor may effect further service of a copy of the notice on the debtor in accordance with sub-rule (2).
(16) Where the Court, being satisfied that (i) the instalment order was duly served on the debtor and (ii) the debtor has failed to comply with the instalment order, is also satisfied, beyond reasonable doubt, on the evidence presented, that the creditor has established that—
(b) the debtor has no goods which could be taken in execution under any process of the Court by which the judgment, order or decree for the debt was given, and the Court makes an order under section 6(7)(c) or section 6(7)(d) of the 1940 Act, that order must be in the Form 51A.07 or 51A.08, Schedule C, as appropriate.
(17) Where an order is made under section 6(7)(c) of the 1940 Act, any failure by the debtor to comply with a condition of postponement may be proved by statutory declaration of the creditor lodged with the Clerk, and a warrant may issue on lodgment of such proof but the Clerk may, in any case, re-enter the matter before the Court.
(18) A warrant to enforce an order for arrest and imprisonment pursuant to section 6(7) of the 1940 Act must be in the Form 51A.09, Schedule C and may be added to the form of an order under section 6(7)(c) or section 6(7)(d) of the 1940 Act.
(22) The Clerk must re-list the matter for hearing and must notify the creditor, the debtor and the Governor of the prison in which the debtor is imprisoned of the re-listing of the matter by ordinary post and such other means as the Clerk considers appropriate.
(23) No order under sub-rule (16) may be made against a debtor who is a member of the permanent Defence Forces or a reservist for the time being called out on permanent service.
9 No warrant to issue, or warrant to be returned, where an appeal is lodged
(c) the warrant to enforce the order has not been issued, the warrant must not be issued until the appeal has been decided or the appellant has failed to perform the conditions of the recognisance, as the case may be.
10 Clerk to secure return of warrant where amount due is paid to him or her
10. Where a warrant to enforce an order for arrest and imprisonment under section 6(7) of the 1940 Act has been issued but not executed and the amount of the arrears of instalments and costs specified in the order is paid to the Clerk, the Clerk must forthwith:
11 Notice by Governor of prison to Clerk
11. The Governor of a prison in which the debtor is imprisoned by virtue of a warrant under rule 8 must forthwith on the reception in the prison of the debtor give notice in writing of the reception of the debtor to the Clerk specified in the warrant.
12 Clerk to notify Governor when payment is received and debtor is in custody
12. Where, subsequent to the arrest and imprisonment of a debtor under section 6(7) of the 1940 Act, the amount of the arrears of instalments and costs specified in the order for arrest and imprisonment is paid to the Clerk, the Clerk must:
3 — OTHER ENFORCEMENT
13 Attendance of company
(2) In the circumstances referred to in sub-rule (1), the Court may—
14 Substituted performance
15 Enforcement by or against non-party
16 Non-performance of condition
16. A person entitled to an order subject to the fulfilment of a condition who fails to fulfil the condition must be taken to have abandoned the benefit of the order, and, unless the Court otherwise orders, any other person interested may take any steps which are warranted by the order or which might have been taken if the order had not been made.
17 Order in aid of enforcement
(2) An application for an order under sub-rule (1) may be made by a County Registrar or other person to whom a warrant of execution is directed.
18 Provisions of Order 26 to apply
18. The provisions contained in Order 26 (relating to warrants in criminal proceedings) apply to warrants issued under this Order.
19 Registration of judgments of the Court
19. (1) Any judgment or order for costs issued or made by the Court providing for the payment of a sum of money may be registered (under section 25 of the Courts Act, 1981) in the Central Office of the High Court in the like manner as a judgment of the High Court may be registered in that Office.
(2) The practice and procedure in use in the Central Office of the High Court in relation to the registration of judgments of the High Court applies to and must be followed in relation to the registration of a judgment or order of the Court.
20 Enforcement of PIAB orders to pay and judgments of EU courts
20. (1) The provisions of these Rules which relate to the enforcement of any judgment of a court apply, with any necessary modifications, to any order to pay issued by the Personal Injuries Assessment Board under section 38(1) of the Personal Injuries Assessment Board Act, 2003.
(3) The provisions of this Order which relate to the enforcement of any judgment of a court apply, where and to the extent so provided by these Rules, to a judgment or other instrument issued by a court in a Member State of the European Union other than the State.