Enforcement

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

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

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

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

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

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

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

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

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

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