Enforcement

Execution Execution refers to the various means of enforcement of court orders. There are various methods to enforce compliance with the terms of a court order, such as for delivery of possession of property or for payment of money.… Read the rest

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Court Orders A court order is drawn up by the court offices, usually in cooperation with the claimant’s solicitor. Generally, a court order must be obeyed immediately without demand. However, in the case of some (but not all) types of enforcement, the court order must first be served on the defendant against whom enforcement is sought, before enforcement can commence.… Read the rest

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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.… Read the rest

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Judgment Mortgages A Judgment mortgage is a means by which a court order for money can be converted into a mortgage registered against a debtor’s property. The procedure does not require an application to the court.… Read the rest

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General Any person who obtains court judgment for a fixed sum may create a judgment mortgage on the debtor’s property in the manner prescribed. The registration of a judgment mortgage creates a statutory mortgage over the interest of the judgment debtor in the lands concerned.… Read the rest

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Overview Committal to prison can take place where there is deliberate refusal to obey a court order. This is not generally a punishment in the sense that imprisonment for crime is for a particular sentence for a crime that has occurred.… Read the rest

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Attachment and Committal Attachment and committal is a method or process for execution of civil judgements and orders It is also employed for punishing other instances of contempt of court. The purpose of the process is to compel compliance with the judgment.… Read the rest

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Procedure for Enforcement There are a number of means of enforcement against a debtor’s intangible assets, which each require an application to the court. In each case, the application is for a court order directed to a third party to secure that the asset is secured for the judgment creditor.… Read the rest

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Enforcing against Shares The court may make a charging order over shares. The application is a one-sided application and is made without notice in the first instance. The other party may apply to vary the order.The… Read the rest

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General Sequestration is in the nature of contempt.  It is not applicable to criminal cases. It is a form of civil execution, exclusively. Sequestration is particularly appropriate against corporate defendants. It may issue for breach of a negative or positive obligation under a judgment.… Read the rest

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Order for Possession The modern order for possession issued by the courts is a combination of the remedies formerly issued by the courts of law and the courts of equity. The court of laws remedy, directed the sheriff to recover possession.… Read the rest

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The Sheriff There is a sheriff or County Registrar with the powers of a sheriff for each county. The sheriff has the power to seize the debtor’s goods to enforce a court order for money due.… Read the rest

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General The office of Sheriff is a very ancient office, dating back to the early middle ages.  Formerly, they played a variety of roles in administration, the judicial sphere as well as in enforcing the law.… Read the rest

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Orders to Sheriff The principal orders which a sheriff executes under High Court jurisdiction are the following: fieri facias (to seize goods in execution); venditioni exponas (directing a sale of goods for the best price where not sold); delivery; possession In the Circuit Court, the sheriff or County Registrar may execute the following: execution order against goods; execution order against specific chattels; execution order for possession The Enforcement of Court Orders Act 1926 modernised the office of sheriff, in the context of the newly established Irish Free State.… Read the rest

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New System of  Attachment The Civil Debt Procedures Act 2015 provides a general systems for  enforcement of civil debts by attachment of earnings and deduction from social welfare payment.  Provided that the debtor has capacity to pay, the attachment of earnings order requires the debtor’s employer to deduct the specified sums and pay it to the creditor. … Read the rest

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European Union Rules European Union law requires every EU State to recognise and enforce the court orders of courts of other member States.  This means that Irish court orders can be enforced against assets, property and persons in other EU states and that equally court orders issued by EU  courts can be enforced in Ireland. … Read the rest

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Court Orders in the lower Courts District and Circuit Court practice and procedure in relation to the issue and enforcement of court orders is broadly similar to that in the High Court. The District and Circuit Court Rules make specific provision for the enforcement of their respective court orders, which differ in some respects to the High Court rules, set out in the section on the enforcement of judgments.… Read the rest

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