Debt collection in Northern Ireland
Get started quickly
Get started quickly and easily with debt collection in Northern Ireland. Here is how:
Our Three-Step Process
- Upload your Northern Irish unpaid invoice to us.
- Our UK debt collection agency has started recovery action against your Northern Irish debtor.
- Get paid for your debt.
Why Use Us for Debt Collection In Northern Ireland?
- Years of experience in dealing with UK claims.
- Specialists in debt collection in Northern Ireland.
- Risk-free debt collection – you only pay if we deliver results!
How can we help you?
We help creditors with international debt customers to get paid when the due date has passed on their claims. We do this through an international debt collection platform with the best debt collection agencies and law firms around the world.
When you upload a case to us, it is always handled locally where your debtor is located. That means fast, efficient, and easy debt collection in Northern Ireland.
The process of debt collection in Northern Ireland
A case always starts by being dealt with out of court. This means that our UK debt collection agency uses its experience and specialist knowledge to secure payment without the need to take legal action.
This includes letters, telephone contact, negotiations, and persuasion techniques. In most cases, the end of the Northern Ireland debt collection process at this stage is achieved by the debtor paying. (The fact that a local debt collection agency makes the demand has a significant impact on the debtor’s willingness to pay.)
If payment is not made, an assessment of the debtor’s financial situation is made to determine whether it is appropriate to proceed with legal debt collection in Northern Ireland.
Judicial Debt Recovery in Northern Ireland
Which court in Northern Ireland should you go to for debt collection? In civil cases in Northern Ireland, the County Court or the High Court of Northern Ireland has jurisdiction. In some cases, also Magistrates’ courts (e.g., minor debt collection cases in Northern Ireland).
For debt collection claims in Northern Ireland of less than £30,000, the general rule is that a County Court is the competent court for your case. For claims higher than that, the High Court will usually have jurisdiction.
In addition, for claims under £3,000, there is a special simplified procedure. A minor claims procedure, a more straightforward, more informal process, is intended to be cheaper, quicker, and easier for creditors than the ordinary court process. The County Courts are responsible for the Small Claims process.
Starting a case
To start a legal case for debt collection in Northern Ireland, a creditor must apply in writing to the appropriate court office, together with the relevant court fees.
Usually, the competent court is the court where the debtor resides or carries on business. The documents should be submitted in English.
Do I have to pay court fees?
Yes, court fees apply. Proceeding with judicial debt recovery in Northern Ireland involves certain costs which must be paid at the time of the summons and at specific points in the legal process.
In the County Courts, there is a scale of costs depending on the size of the claim in the writ. In the High Court, fees are assessed based on the work done.
The general principle is that the losing party is responsible for its own costs and those of the other party in the dispute.
Judgment by default
If a summons is left unanswered by a debtor and the debtor does not contest the claim in the summons, there is a possibility in Northern Ireland court proceedings to apply for a default judgment.
This is a judgment issued by the court in favour of the creditor, simply because the debtor does not enter a defence and contests the liability to pay.
The possibility for the creditor to apply for a default judgment is a regular integral part of all civil proceedings in Northern Ireland.
How does debt collection in Northern Ireland work?
The Limits for Debtors
High Court: A debtor has 14 days to make a statement of position on the claim.
County Court: In civil cases here, the debtor has 21 days to notify the court of their position.
Default Judgement
What do creditors need to do to get a default judgment?
Should a debtor fail to submit a statement of defence within the above time limit, the creditor has the option of asking the court to issue a default judgment.
Which court?
A creditor must apply to the same court where the proceedings were initiated.
What if the debtor lodges a statement of opposition?
Then the legal process continues, and the case is treated as a dispute.
Small claims procedure
As mentioned, there is a special procedure for small claims in Northern Ireland, for claims of less than £3,000.
This is a simple procedure with standard application and response forms. This procedure is ideal for small debt collection claims in Northern Ireland.
The proceedings are very informal, and there are no strict rules of evidence. This allows the judge to control and facilitate the process easily. The idea is that the parties can easily follow and participate in the process without extensive legal preparation.
Enforcement of claims in Northern Ireland
Enforcement in Northern Ireland is the final step in legal debt collection.
It applies in situations where a creditor has gone through a legal process and obtained an exequatur against the debtor, demonstrating that the debtor owes a debt, but the debtor nevertheless continues to fail to pay it.
A possibility then exists for the creditor to apply to the Northern Ireland courts for enforcement to obtain assistance from the authorities in securing payment of his claim.
Enforcement of Judgements Office
In Northern Ireland, enforcement is not the responsibility of the courts but of a central authority, the Enforcement of Judgments Office.
Steps before enforcement:
- The creditor must notify the debtor of the intention to apply for enforcement.
- A 10-day deadline is given for the debtor to pay.
- If the debt is not paid within this time limit, the creditor can proceed with the application for enforcement.
The procedure is then initiated when the authority sends the debtor an attachment order prohibiting the disposal of the debtor’s assets.
An official of the Enforcement of Judgments Office then starts the process of identifying the debtor’s assets. Based on this report, a senior officer in the office, or an officer known as a ‘master’ or a ‘chief enforcement officer’, decides what to do next in the case and whether any of the debtor’s assets can be seized and disposed of.
Main Enforcement Actions
For debt recovery cases in Northern Ireland, the main enforcement actions concerned are:
- Instalment Order = An order that the debtor pay the debt in instalments. A payment plan is thus set up with the debtor.
- Attachment of Earnings Order = a measure by which money is deducted from the debtor’s salary on an ongoing basis.
- Order of Seizure = Involving the seizure and sale of a debtor’s assets for the benefit of the creditor.
- Order Charging Land = This order is most often used for large debts and is generally used in conjunction with another enforcement method. The creditor is entitled to a portion of the property and may be paid for the claim out of the proceeds of the sale.
- Order Appointing Receiver and Order Under the Crown Proceedings Act = A “Chief Enforcement Officer” is appointed to receive all payments to the debtor. This may include inheritance, rent collections, etc.
- Attachment of Debts (Garnishee) Order = Means that if the debtor in turn has its own debtors who owe it money, these debtors are ordered to pay the debt directly for the benefit of the original creditor.
Insolvency proceedings in Northern Ireland
As a sidetrack in the process of debt collection in Northern Ireland, insolvency proceedings may sometimes be called upon.
These are situations where a Northern Irish debtor is unable to pay his debts. Bankruptcy proceedings may then be required if the company is to be wound up.
In such cases, the company’s management is taken over by an insolvency practitioner. This procedure exists to ensure that all creditors with a claim against the debtor are treated fairly.
We help you with fast and efficient debt collection in Northern Ireland. Get started today! See how easy it is to get started with your case!