The issue of proceedings means the formal opening of a case or claim in a Court. A summons or civil bill will be issued then and filed in the Court office setting out the names of the plaintiff and the defendant. A fee (sometimes called stamp duty) is payable to the Court service on issue. Once issued the civil bill or summons can be served on the defendant.

A judgment is a formal pronouncement by a Court. It is similar to an Order or a Decree. Typically, in a debt collection matter it confirms that the debt is due by the defendant to the plaintiff. The principal effect of a judgment is that it can be enforced against a defendant by various means. It can also be made public if it is registered in the Registry of Judgments.

A sheriff's official job, in connection with debt recovery, is to enforce a judgment. He/she will do this by threatening to and, if necessary, going ahead with the seizure of certain assets belonging to the debtor which he sells in order to produce money to satisfy the judgment debt. In most counties, the function of sheriff is exercised by the County Registrar. They will usually return a verdict of either "nulla bona/no goods"" or will have received a cheque from the debtor in satisfaction of the debt.

The most usual document to be served is a summons or a civil bill. These documents are used to issue proceedings and to state a plaintiff's case against a defendant. The document must be brought to the defendant's attention so that he has an opportunity to contest or defend the claim made and say that he or she is not responsible, for whatever reason, to the plaintiff in respect of the claim. The right of a defendant to have a claim brought to his attention and to respond is a constitutional right and fundamental to our legal system.

Only in unusual and extreme circumstances will a Court deal with a claim made by a plaintiff if it cannot be proved that the defendant was served with the civil bill or summons and had an opportunity to respond. Service of High Court summonses on individuals must be personal, i.e. given to the person himself usually. In the case of Circuit and District Court service is almost always by registered post. If there is difficulty affecting service by normal routes then substitute service (service by a different method) can be permitted by the Court.

A summons or a civil bill is a document prepared by the plaintiff's solicitor and formally issued by the Court. It commences legal proceedings. The summons or civil bill should then be served on the defendant. A summons and civil bill is effectively the same document but, for historic reasons, the word summons is used in the High Court and District Court and civil bill is used in the Circuit Court.

An affidavit is a formal statement of facts as known to an individual who is completing the affidavit. The person completing the affidavit is known as the deponent. An affidavit may have exhibits attached which would typically be documents or copies of documents referred to in the affidavit and which are important to the case.

As a formal statement of facts the affidavit must be completed in a formal way. It is either sworn or affirmed depending on the deponent's religious beliefs. It must be sworn or affirmed before a person who is recognised by the Irish Courts as authorised to take affidavits. In Ireland any independent practicing solicitor or Commissioner for Oaths is authorised.

In the United Kingdom any solicitor empowered to administer oaths is authorised. In other countries an affidavit can be sworn or affirmed before an Irish Embassy or Consular official or a Notary Public. In Ireland there is a fee of €10.00 payable to the solicitor/commissioner for oaths and €1.00 for each exhibit.

An affidavit cannot be sworn by a deponent before a solicitor is involved in the case to which the affidavit relates. The deponent must be present before the Commissioner for Oaths/practicing solicitor when swearing the affidavit.

Usually yes. There are various ways in which interest can be claimed, typically under terms and conditions of trading which might apply, under the interest on late payment in commercial transactions regulations or otherwise interest may be claimed at the discretion of the Court. Often however, the claiming of interest complicates a claim and adds to costs. We recommend inclusion of a claim for interest in larger cases and not in smaller cases. Sometimes, even where it is claimed, it is best to consider waiving the interest element for the sake of speed and simplicity.

The District Court is the "lowest" Court in Ireland. It deals with a wide variety of legal business from petty crime, road traffic offences, liquor licences, many other matters and, as far as we are concerned, debts of up to €6,348.69. This is presided over by a District Judge. As the name implies, the Court is district-based and there approximately twenty-five districts each presided over by one or more District Judges. There can be several venues where the Court actually sits in each district. Each district venue will have jurisdiction over defendants and/or certain types of cases relevant to its area.

The Circuit Court is the "middle" Court with civil jurisdiction in debt related cases up to €38,092.14. There are eight "circuits" with one or more Judges assigned to each. As the name implies a Court travels on a "circuit" sitting in all the major towns in each circuit area at different times during the year.

The High Court is the principal Court in Ireland with a very wide and varied caseload. From a debt recovery perspective it deals with all cases not dealt with by the District or Circuit Court. There is no limit to the amount that can be claimed. Debt cases pursued through the High Court are almost always dealt with in Dublin.