LegalizeS.I. No. 17/2014 - District Court (Civil Procedure) Rules 2014
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2014-07-28, Competition and Consumer Protection Act 2014
............................................................................................................
Dated the ...... day of .................... 20...
Signed: .........................................................................
(Solicitor for the) respondent *claimant
of: .........................................................................
To: .........................................................................
(Solicitor for the) claimant *respondent
of: .........................................................................
*Delete where inapplicable
46.01
Witness summons
Schedule C
O.46, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
WITNESS SUMMONS
YOU ARE HEREBY REQUIRED to attend and give evidence in these proceedings at the sitting of the District Court for the hearing of civil proceedings to be held at.................................................................................. on the ...... day of .................... 20... at ............ a.m./p.m. and so from day to day until these proceedings are disposed of,
†and there to produce (specify the documents to be produced, if any)
on behalf of the ..................................
Dated the ...... day of .................... 20...
Signed: ..............
*Judge of the District Court
*District Court Clerk
To ........................................ of ........................................
†include only if witness summons requiring a witness to attend and produce any books, papers or documents to the Court (witness summons duces tecum) required.
47.01
Certificate of no appearance/defence
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
.............. Claimant
.............. Respondent
CERTIFICATE
It is hereby certified as follows:—
That no sum whatever the sum of €.......... only/has been paid on foot of the claim herein since the service of the claim notice herein and that the sum of €.......... is now actually due by the respondent to the claimant.
That no appearance and defence to this claim notice or notice requiring particulars of the claim notice has been received by the claimant or solicitor for the claimant.
Dated this ...... day of .................... 20...
Signed: ..............
*(Solicitor for the) claimant
This certificate is filed with the District Court Clerk at ................................... on the ...... day of .................... 20... by .....................................................on behalf of the claimant who requests judgment for the sum of €.......... and costs of €....... *(and claims the recovery of value-added tax payable by the claimant on the said costs).
*Delete where inapplicable.
47.02
Affidavit of debt (except in proceedings to which the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) apply)
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
AFFIDAVIT OF DEBT
I, .................................... of .............................................. in the County of ..................... aged 18 years and upwards MAKE OATH and say as follows:—
I am the claimant (or state capacity in which deponent makes the affidavit and I am duly authorised to make this affidavit on behalf of the claimant) in these civil proceedings. The facts herein stated are within my own knowledge save where otherwise appears and where so otherwise appears I believe the same to be true.
The claim notice herein claiming the sum of €........ was served on the respondent on the ...... day of .................... 20...
No appearance and defence to the claim notice has been received by the claimant or the solicitor for the claimant.
No sum whatever The sum of €........ only/has been paid on foot of the claim herein since the service of the claim notice and the sum of €........ is now actually due and owing by the respondent to the claimant over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.
Value-added tax is/is not/payable by the claimant on the costs of these civil proceedings (and any such value-added tax is/is not recoverable by the claimant from the Revenue Commissioners).
SWORN before me [name in capitals] at ..........................................
in the County on the ...... day of .................... 20...,
by the said ...................................
*[who is personally known to me],
*[who is identified to me by ...................................... who is personally known to me]
*[whose identity has been established to me before the taking of this affidavit by the production to me of
†passport no. ............................... issued on the ...... day of .................... by the authorities of ..................................., which is an authority recognised by the Irish Government
†national identity card no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
†Aliens Passport no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an authority recognised by the Irish Government
†refugee travel document no. ............................... issued on the ...... day of .................... by the Minister for Justice and Equality
† travel document (other than refugee travel document) .............................................. issued on the ...... day of .................... by the Minister for Justice and Equality]
........................................ .........................................
Deponent Commissioner for Oaths/ Practising Solicitor
CERTIFICATE
It is hereby certified as follows:—
That no sum whatever the sum of €........ only/has been paid on foot of the claim herein since the service of the claim notice herein and that the sum of €........ is now actually due by the respondent to the claimant.
That no appearance and defence to this claim notice or notice requiring particulars of the claim notice has been received by the claimant or solicitor for the claimant.
Dated this ...... day of .................... 20...
Signed: ..............................................
*(Solicitor for the) claimant
This affidavit is filed with the District Court Clerk at ....................................................... on the ...... day of .................... 20... by ..................................... on behalf of the claimant who requests judgment for the sum of €........ and costs of €........ *(and claims the recovery of value-added tax payable by the claimant on the said costs).
*Delete where inapplicable.
†Where relevant, select appropriate option and delete others.
47.03
Affidavit of debt (in proceedings to which the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) apply)
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
I,.................... of.................................................................................. aged 18 years and upwards MAKE OATH and say as follows:—
I am the claimant (or the —state capacity in which deponent makes the affidavit- of the claimant and I am duly authorised to make this affidavit on behalf of the claimant) in these civil proceedings. The facts herein stated are within my own knowledge save where otherwise appears and where so otherwise appears I believe the same to be true.
The claim notice herein claiming the sum of €...................................... was served on the (first named) respondent on the ....................................... day of ...............................................................................................20....................(and on the second named respondent on the ......................................................... day of ........................................ 20....................).
No appearance and defence to the claim notice has been received by the claimant or the solicitor for the claimant.
No sum whatever The sum of €....................................... only/has been paid on foot of the claim herein since the service of the claim notice and the sum of €...................................... is now actually due and owing by the respondent to the claimant over and above all just credits, claims and allowances and no part thereof has been in any manner paid, satisfied or discharged.
The provisions of sections 57 and 58 of the Consumer Credit Act 1995 and of Parts 2 to 7 (so far as applicable) of the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) were complied with in respect of the transaction(s) to which these civil proceedings relate.
Value-added tax is/is not/payable by the claimant on the costs of the within proceedings (and any such value-added tax is/is not/recoverable by the claimant from the Revenue Commissioners).
[insert additional averments as appropriate to the case]
SWORN before me [name in capitals] at ..........................................
in the County on the ...... day of .................... 20...,
by the said ...................................
*[who is personally known to me]
*[who is identified to me by ...................................... who is personally known to me]
*[whose identity has been established to me before the taking of this affidavit by the production to me of
†passport no. ............................... issued on the ...... day of .................... by the authorities of ..................................., which is an authority recognised by the Irish Government
†national identity card no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
†Aliens Passport no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an authority recognised by the Irish Government
†refugee travel document no. ............................... issued on the ...... day of .................... by the Minister for Justice and Equality
† travel document (other than refugee travel document) .............................................. issued on the ...... day of .................... by the Minister for Justice and Equality]
........................................ .........................................
Deponent Commissioner for Oaths/ Practising Solicitor
CERTIFICATE
It is hereby certified as follows:—
That no sum whatever the sum of €........ only/has been paid on foot of the claim herein since the service of the claim notice herein and that the sum of €....... is now actually due by the respondent to the claimant.
That no appearance and defence to this claim notice or notice requiring particulars of the claim notice has been received by the claimant or solicitor for the claimant.
Dated this...... day of .................... 20...
Signed: ..............
*(Solicitor for the) claimant
This affidavit is filed with the District Court Clerk at ....................... on the ...... day of .................... 20... by ................................................... on behalf of the claimant who requests judgment for the sum of €......... and costs of €....... *(and claims the recovery of value-added tax payable by the claimant on the said costs).
*Delete where inapplicable.
†Where relevant, select appropriate option and delete others.
47.04
Judgment (decree) by default (in debt claims except in proceedings to which the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) apply)
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
IT APPEARING
that a claim notice for a debt or liquidated money demand was duly served on the respondent ........................ of ............................. claiming €......... for ........................................
that the respondent failed to serve and file an appearance and defence to the claim notice
AND IT FURTHER APPEARING by the affidavit of ..................................................... *(on behalf of) the claimant, verifying the claim, sworn the ...... day of .................... 20... and the claimant’s request for judgment that the respondent(s) is/are justly indebted to the claimant in the sum of €..........
IT IS THEREFORE ORDERED AND DECREED that the claimant recover from the respondent the sum of €........... for debt, the sum of €......... for costs *(and value-added tax)
AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the respondent to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the †debt (exclusive of the costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 .
Dated this ...... day of .................... 20...
Signed: ...................................................................
Judge of the District Court
Signed: ...............................................................
*(Solicitor for the) Claimant.
County of ..................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of ............... in the said County
*Delete where inapplicable
† If the debt exceeds €190.46
47.05
Judgment (decree) by default (in debt claims in proceedings to which the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) apply)
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
IT APPEARING
that a claim notice for a debt or liquidated money demand was duly served on the respondent .................. of............................. claiming €..........
[insert appropriate recital as set out below]
that the respondent failed to serve and file an appearance and defence to the claim notice
that the provisions of the District Court Rules applicable to proceedings on the claim notice have been complied with,
AND IT FURTHER APPEARING by the affidavit of ........................ *(on behalf of) the claimant verifying the claim, sworn on the ...... day of .................... 20..., and the claimant’s request for judgment that the respondent is justly indebted to the claimant in the sum of €.........
IT IS THEREFORE ORDERED AND DECREED that the claimant recover from the respondent the sum of €......... for debt, the sum of €........ for costs *(and value-added tax)
AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the respondent(s) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the †debt (exclusive of the costs and tax) at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 .
Dated this ...... day of .................... 20...
Signed: ...........................................
Judge of the District Court
Signed: ...........................................
*(Solicitor for the) Claimant
County of ...............................
I authorise and empower .............. of .............. and.............. of.............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €...........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of .............. in said County
*Delete where inapplicable
† If the debt exceeds €190.46
Examples of statement to be included at paragraph 2 above
Hire-Purchase Agreement
that the said claim is due by the (first named) respondent on foot of an (a)........................................................... agreement in writing dated the ...... day of .................... 20... and made between the claimant of the one part and the (first named) respondent of the other part *(and due by the second named respondent on foot of a contract of guarantee and/or indemnity in writing dated the ...... day of .................... 20... and made between the claimant of the one part and the second named respondent of the other part)
Hire-Purchase Agreement which has been assigned to the claimant
(1) that the said claim is due by the (first named) respondent on foot of a hire-purchase agreement in writing dated the ...... day of .................... 20... and made between [Insert name and address of the original owner] of the one part and the (first named) respondent of the other part (and due by the second named respondent on foot of a contract of guarantee and/or indemnity in writing dated the ...... day of .................... 20... and made between (a*)......................................... of the one part and the second named respondent of the other part);
2(2) that by assignment dated the ...... day of .................... 20... the said (a)............................................... assigned his/her/their interest in the said hire-purchase agreement *(and guarantee and/or indemnity) to the claimant; by notice dated the ...... day of .................... 20... the said respondent(s) was/were notified of the said assignment
Credit-Sale Agreement
that the said claim is due by the (first named) respondent on foot of a credit-sale agreement in writing dated the ...... day of .................... 20... and made between the claimant of the one part and the (first named) respondent of the other part *(and due by the second named respondent on foot of a contract of guarantee and/or indemnity in writing dated the ...... day of .................... 20... and made between the claimant of the one part and the second named respondent of the other part)
Credit Agreement
that the said claim is due by the respondent on foot of a memorandum of contract in writing dated ...... day of .................... 20... and made between the claimant of the one part and the respondent of the other part
Consumer-Hire Agreement
that the said claim is due by the respondent on foot of a memorandum of contract in writing dated the ...... day of .................... 20..., and made between the claimant of the one part and the respondent of the other part
47.06
Affidavit exhibiting consent
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
.............. Claimant
.............. Respondent
I, .............. of .............. aged 18 years and upwards MAKE OATH and say as follows:—
AFFIDAVIT EXHIBITING A CONSENT TO PAYMENT BY INSTALMENTS A CONSENT TO JUDGMENT
I,.............. of .............. aged 18 years and upwards MAKE OATH and say as follows:—
I was present and I saw the above-named respondent execute the consent set out below.
Value-added tax is/is not payable by the claimant on the costs of these civil proceedings (and any such value-added tax is/is not recoverable by the claimant from the Revenue Commissioners).
SWORN before me [name in capitals] at ..........................................
in the County on the ...... day of .................... 20...,
by the said ...................................
*[who is personally known to me]
*[who is identified to me by ...................................... who is personally known to me]
*[whose identity has been established to me before the taking of this affidavit by the production to me of
†passport no. ............................... issued on the ...... day of .................... by the authorities of ..................................., which is an authority recognised by the Irish Government,
†national identity card no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
†Aliens Passport no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an authority recognised by the Irish Government
†refugee travel document no. ............................... issued on the ...... day of .................... by the Minister for Justice and Equality
† travel document (other than refugee travel document) .............................................. issued on the ...... day of .................... by the Minister for Justice and Equality]
........................................ .........................................
Deponent Commissioner for Oaths/ Practising Solicitor
†Where relevant, select appropriate option and delete others.
†CONSENT TO PAYMENT BY INSTALMENTS
The respondent hereby admits that he/she is liable to the claimant in the sum of €........... being portion of the claim as claimed in the claim notice served on him/her on the ...... day of .................... 20... and consents to pay the sum of €.......... together with the sum of €........ for costs (and value-added tax) by instalments of €.......... each, the first of such instalments to be paid on the ...... day of .................... 20... and thereafter on the ............................................................ in each succeeding (week/month/quarter, etc).
The respondent further consents that on default being made by him/her in payment of any one or more of such instalments that the whole balance of the said debt and costs *(and value-added tax) then remaining unpaid shall immediately become due and payable by him/her.
‡CONSENT TO JUDGMENT
The respondent hereby admits that he/she is liable to the claimant in the sum of €.......... being portion of the claim as claimed in the claim notice served on him/her on the ...... day of .................... 20... and consents to pay the entry of judgment against him/her accordingly with the appropriate costs *(and value-added tax).
Dated this ...... day of .................... 20...
Signed: ..............
Respondent
Witness
This affidavit is filed with the District Court Clerk at ........................................... on the ...... day of .................... 20... by .................................................... on behalf of the claimant who requests †judgment as in the consent ‡judgment for the sum of €........ and costs *(and claims the recovery of value-added tax payable by the claimant on the said costs).
*delete where inapplicable
†for consent to payment by instalments
‡for consent to judgment
47.07
Instalment judgment (decree) by consent
Schedule C
O.47, r.2
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
IT APPEARING
that a claim notice for a debt or liquidated money demand was duly served on the respondent .................. of ............................. claiming €.......... for ...................................
that the respondent failed to serve and file an appearance and defence to the claim notice
AND IT FURTHER APPEARING that the respondent(s) signed a consent dated the ...... day of .................... 20... and from the Affidavit of ........................... *(on behalf of) the claimant, verifying the consent, sworn the ...... day of .................... 20... that the respondent is justly indebted to the claimant in the sum of €......... and that the claimant has agreed to accept payment thereof together with the sum of €.......... for costs by instalments of €......... each, the first of such instalments to be paid on the ...... day of .................... 20... and thereafter on the ........................................ in each succeeding ........................................................... as in the said consent appearing
IT IS THEREFORE ORDERED AND DECREED that the claimant recover from the respondent(s) the sum of €.......... for debt together with the sum of €......... for costs (and value-added tax) by instalments of €....... each, the first of such instalments to be paid on the ...... day of .................... 20..., and thereafter on the .................... in each succeeding ....................., but on default being made by the respondent in payment of any one or more of such instalments IT IS ORDERED AND DECREED that the respondent do forthwith pay to the claimant the whole balance of the said sum and costs then remaining unpaid and all Sheriffs and County Registrars are hereby commanded on such default as aforesaid to take in execution the goods of the respondent to satisfy the said debt and costs (and value-added tax).
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
County of .................................
I authorise and empower .............. of .............. and .............. of ..............or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of .............. in said County
*Delete where inapplicable
47B.01
Notice of discontinuance
Schedule C
O.47B, r.1
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
TAKE NOTICE that the claimant hereby wholly discontinues these civil proceedings [or withdraws so much of his/her claim in these civil proceedings as relates to: ...........] [If only against some respondents, add as against the first-named respondent, ..........................................................only, or as the case requires].
Dated the ...... day of .................... 20...
Signed: ...........................................
*(Solicitor for the) claimant
of: ...........................................
To: ...........................................
(Solicitor for the) .......................... respondent
of: ...........................................
To: District Court Clerk at ...............................................
49.01
Notice of trial
Schedule C
O.49, r.4
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
TAKE NOTICE of trial of these civil proceedings (the issues in these civil proceedings ordered to be tried) at the place and at the time on the date, *(not being less than ten days from the date of service of this notice), as is fixed by the Clerk.
Dated the ...... day of .................... 20...
Signed: .............................................
*(Solicitor for the) claimant of: .............................................
To: .............................................
*(Solicitor for the) respondent of: .............................................
This notice has been filed with the District Court Clerk at ....................................... on the ...... day of .................... 20...
- Delete where inapplicable
**delete where short notice of trial has been given by consent of all parties.
TAKE NOTICE that the trial of these civil proceedings (the issues in these civil proceedings ordered to be tried) has been fixed for the sitting of the District Court scheduled at ........................................ on the ...... day of .................... 20... at......... a.m./p.m.. (and is listed to commence at ........... a.m./p.m.).
The claimant or other moving party must file with the Clerk *(at ...................................) with this notice copy papers in the case for use by the Judge in accordance with Order 49, rule 7 of the District Court Rules.
Dated .................... 20...
Signed: .............................................
District Court Clerk
To: .............................................
*(Solicitor for the) claimant of: .............................................
To: .............................................
*(Solicitor for the) respondent of: .............................................
*Delete where inapplicable
49.02
Case management questionnaire
Schedule C
O.49, r. 8
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
CASE MANAGEMENT QUESTIONNAIRE
Section A: Pre-Trial Procedures
Pleadings
- (a) Are all Pleadings exchanged? ..... yes/no
If not, what pleading was last exchanged?
Have all pre-trial procedures been fully complied with including responses to:-
(Delete where not applicable)
- (a) Particulars?..... yes/no
- (b) Discovery?..... yes/no
- (c) Admissions; notices to admit facts?..... yes/no
- (d) Any other directions previously given by a Judge?..... yes/no
If any matters referred to at paragraphs 1-2 above remain outstanding, please set out reasons for same.
Are there any further directions required to prepare the case for trial?..... yes/no
If yes, please explain the directions required and give reasons.
Section B: Trial
Set out your estimate of the likely duration of the trial.
Please provide a brief statement of the issues to be determined at trial.
Section C: Expert and other Witnesses
List the witnesses you intend to call, indicating which of these are expert witnesses.
Have the parties endeavoured to exchange expert- witnesses’ reports with the other side?..... yes/no
If not, why not?
Are special facilities required in the courtroom for any witness or to facilitate the giving of any expert evidence?........ yes / no
If so, give details.
Does any witness require an interpreter?..... yes/no
If so, give details.
Are any special information and communications technology facilities (e.g. video-conferencing) required in the courtroom to facilitate the trial of the case?..... yes/no
If so, give details.
49.03
Judgment (decree) following trial: damages
Schedule C
O.49, r.12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
JUDGMENT (DECREE): DAMAGES
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on ............................20..... and duly served on the respondent(s) claiming damages not exceeding €15,000 for ........................
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
IT IS ORDERED AND DECREED that the claimant recover from the respondent(s) the sum of €........ for damages, the sum of €....... for costs *(and value-added tax)
AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the respondent(s) to satisfy the said damages, costs *(and value-added tax), and interest from the date hereof on the †damages (exclusive of the costs and tax) at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 .
Dated this ...... day of .................... 20...
Signed: ...........................................
Judge of the District Court
Signed: ...............................................
*(Solicitor for the) Claimant
County of ...............................................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €..........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.........in said County
*Delete where inapplicable
† If the damages exceed €190.46
49.04
Judgment (decree) following trial (debt claim)
Schedule C
O.49, r.12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
JUDGMENT (DECREE): DEBT
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on .............................20.... and duly served on the respondent .............. of .............. claiming for debt of €........ and costs
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
IT IS ORDERED AND DECREED that the claimant recover from the respondent(s) the sum of €......... for debt, the sum of €.......... for costs *(and value-added tax)
AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the respondent(s) to satisfy the said debt, costs *(and value-added tax), and interest from the date hereof on the †debt (exclusive of the costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 .
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
County of ...........................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €............
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
† If the debt exceeds €190.46
49.05
Instalment judgment (decree) following trial
Schedule C
O.49, r. 12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
INSTALMENT JUDGMENT (DECREE)
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on ..........................20..... and duly served on the respondent .............. of .............. claiming for (debt of €............) (................) and costs
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
IT IS ORDERED AND DECREED that the claimant recover from the respondent the sum of €.......... for debt/damages together with the sum of €........ for costs (and value-added tax) and the sum of €........ for witnesses’ expenses and that execution on foot of said judgment (decree) be stayed provided that the respondent pays the full sum of €......... by instalments of €........ each, the first of such instalments to be paid on the ...... day of .................... 20... and thereafter on the ......................................................... in each succeeding .......................................................... but on default being made by the respondent in payment of any one or more of such instalments IT IS FURTHER ORDERED AND DECREED that the said stay shall cease and that the respondent forthwith pay to the claimant the whole balance of the said sum, costs and witnesses’ expenses then remaining unpaid and all Sheriffs and County Registrars are hereby commanded on such default to take in execution the goods of the respondent to satisfy the said debt/damages, costs (and value-added tax) and witnesses’ expenses.
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
County of..........................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €.........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
† If the debt exceeds €190.46
49.06
Judgment (decree) following trial where costs by way of recoupment are ordered to be paid
Schedule C
O.49, r. 12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondents
JUDGMENT (DECREE)
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the first-named respondent .............. of .............. and the second-named respondent .............. of .............. on ........................20..... and duly served on the respondents claiming for (debt of €............)(........) and costs
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondents
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
AND IT APPEARING TO THE COURT that (the first-named respondent is justly indebted to the claimant in the sum of €........ for .......................................) (the claimant is entitled to recover the sum of €......... for damages against the first-named respondent) and that the claimant has failed to prove his/her claim against the second-named respondent.
IT IS THEREFORE ORDERED AND DECREED that the claimant recover from the first-named respondent the sum of €......... for debt/damages debt and the sum of €......... for costs *(and value-added tax) and €......... for witnesses’ expenses
AND WHEREAS the claim notice against the second-named respondent was dismissed (on the merits) (without prejudice) and it was ordered that the second-named respondent recover against the claimant the sum of €........ for costs *(and value-added tax) and witnesses’ expenses of the dismiss
AND WHEREAS the claimant has paid the said sum of €......... to the second-named respondent on foot of the dismiss
NOW IT IS FURTHER ORDERED that the first-named respondent against whom the claimant has succeeded pay to the claimant by way of recoupment the sum of €.......... for costs *(and value-added tax) and witnesses’ expenses which the claimant was ordered to pay and has paid to the second-named respondent against whom the claimant has failed, making the sum to be paid to the claimant by the first named respondent the total sum of €........
AND all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the first-named respondent to satisfy the debt/damages, costs (and value-added tax), and interest from the date hereof on the †debt/*damages (exclusive of the costs and tax) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 .
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
County of..........................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €..........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
† If the debt exceeds €190.46
49.07
Judgment (decree) following trial for recovery of goods (with or without damages)
Schedule C
O.49, r. 12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
JUDGMENT (DECREE)
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on the ...... day of .................... 20... and duly served on the respondent .............. of.............. claiming for the recovery of certain goods namely:—............................................... and for the sum of €......... (debt of €..........)*(........) and costs
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
AND IT APPEARING TO THE COURT that the claimant is entitled to recovery of the said goods as claimed and to the said sum of €......... as also claimed
IT IS ORDERED AND DECREED BY THE COURT that the claimant recover from the respondent the said goods and (recover from the respondent the sum of €......... for debt) the sum of €........ for costs (and value-added tax) and the sum of €......... for witnesses’ expenses,
AND all Sheriffs and County Registrars are hereby commanded to take the said goods, namely, ..............
from the respondent and to deliver the said goods to the claimant, and are further commanded to take in execution the goods of the respondent to satisfy the (debt), costs (and value-added tax), expenses, *(and interest from the date hereof on the †debt (exclusive of the costs, tax and expenses) — at the rate per annum for the time being standing specified in section 26 of the Debtors (Ireland) Act 1840 ).
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
County of .........................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
† If the debt exceeds €190.46
49.08
Judgment (decree) following trial for recovery of possession of premises (ejectment)
Schedule C
O.49, r. 12
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
JUDGMENT (DECREE): EJECTMENT
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on the ...... day of .................... 20... and duly served on the respondent .............. of .............. requiring the respondent (and all persons claiming any interest in the premises) to answer the claimant’s claim for recovery of possession of premises at ..................................... in the above Court (area and) district
[Insert appropriate particulars, examples of which are given below]
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
IT IS ORDERED AND DECREED that the claimant be put into possession of the said premises, and the Sheriff or County Registrar of the County in which the premises are situate is hereby commanded to put the claimant into possession of the said premises.
IT IS FURTHER ORDERED AND DECREED that the claimant recover from the respondent the sum of €......... for costs (and value-added tax) and witnesses’ expenses, and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the respondent to satisfy the said costs (and value-added tax) and witnesses’ expenses.
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Claimant.
of
County of.......................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (decree).
The sum to be levied hereunder is €........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
Sample particulars
Overholding
And the claim notice requesting that the claimant be put into possession of (describe premises and where situated)(the “premises”) in the possession of the respondent, which claim notice was brought on the ground that the respondent overheld the premises
AND IT APPEARING that premises were held by the respondent from the claimant at the...................................... rent of €......... and that respondents interest therein determined on the ...... day of .................... 20... by (set out mode of determination)
Recovery of possession from a permissive occupant
And the claim notice requesting that the claimant be put into possession of (describe premises and where situated) (the “premises”) which were in the occupation (or possession) of the respondent by permission of the claimant as caretaker (or servant, or permissive occupant, or as the case may be) and which the respondent refused to deliver up on a demand for possession being made,
AND IT FURTHER APPEARING TO THE COURT that the respondent was in occupation (or possession) of the said premises as caretaker (or servant, or permissive occupant, or tenant strictly at will, or by sufferance, or was in occupation of the said premises through or under such caretaker (or as before) and that he/she was duly required by demand made by the claimant on the ...... day of .................... 20..., to deliver up possession of the premises to the claimant but that he/she has refused (or omitted) to do so, and continues to withhold possession of the said premises from the claimant,
Recovery of possession for Non-Payment of Rent
And the claim notice requesting that the claimant be put into possession of (describe the premises and where situated) (the “premises”) held by the respondent as tenant of the premises to the claimant at the yearly rent of €....... under (describe contract of tenancy) which claim notice was brought on the ground that one years rent and upwards of the premises was in arrear and unpaid,
AND IT APPEARING TO THE COURT that the premises were held by the respondent as tenant of the premises to the claimant at the ...................................... rent of €........ and that the sum of €......... being the amount of one years rent and arrears of rent up to the ...... day of .................... 20..., was due and owing to the claimant by the respondent, in respect of the said tenancy, at the time of service of the claim notice after all just and fair allowances.
AND IT FURTHER APPEARING that the sum of €............ in all is due and owing by the respondent to the claimant for rent due up to the ...... day of .................... 20...
49.09
Judgment in favour of respondent (dismiss) following trial
Schedule C
O.49, r.6
District Court Area of District No.
Record number:
Between
..............Claimant
..............Respondent
JUDGMENT (DISMISS)
IT APPEARING TO THE COURT that a claim notice was issued by the claimant against the respondent on .......................20........ and duly served on the respondent .............. of .............. claiming for (debt of €..........)(............)(the recovery of possession of (state premises and where situated*) and costs
AND the claim notice coming on for hearing at the sitting of the Court for the hearing of civil proceedings held at..................... on the ...... day of .................... 20... in the presence of the claimant and the respondent
AND having read the pleadings *and affidavits filed
AND having heard the evidence and submissions of the claimant *and the respondent
AND IT APPEARING TO THE COURT that the claimant failed to prove the claim.
IT IS THEREFORE ORDERED AND DECREED that the claimants claim notice be and the same is hereby DISMISSED (state whether "on the merits" or "without prejudice") that the respondent recover against the claimant the sum of €........ for costs (and value-added tax) and witnesses’ expenses of the DISMISS and all Sheriffs and County Registrars are hereby commanded to take in execution the goods of the claimant to satisfy the said costs (and value-added tax) and witnesses’ expenses.
Dated this ...... day of .................... 20...
Signed: ..............
Judge of the District Court
Signed: ..............
*(Solicitor for the) Respondent.
County of......................
I authorise and empower .............. of .............. and .............. of .............. or either of them and their assistants to execute the above judgment (dismiss).
The sum to be levied hereunder is €.........
Given under my hand this ...... day of .................... 20...
County Registrar (Under-Sheriff) of.......in the said County
*Delete where inapplicable
50.01
Affidavit: general
Schedule C
O.50, r. 2
District Court Area of District No.
Record number:
In the matter of section ....... of the ..................... [insert details of the relevant enactment relied on]
*On the Application of
.............. of .............. Claimant
†Between
..............Claimant
..............Respondent
AFFIDAVIT
I, ..................................... of ..........................., the (claimant or state other capacity) in the above-entitled proceedings, aged 18 years and upwards MAKE OATH and say as follows:
(State deponent’s authority). I make this affidavit from facts within my own knowledge save where otherwise appears and where so otherwise appears, I believe the same to be true.
[Insert remaining averments as appropriate]
SWORN before me [name in capitals] at ..........................................
in the County on the ...... day of .................... 20...,
by the said ...................................
*[who is personally known to me]
*[who is identified to me by ...................................... who is personally known to me]
*[whose identity has been established to me before the taking of this affidavit by the production to me of
†passport no. ............................... issued on the ...... day of .................... by the authorities of ..................................., which is an authority recognised by the Irish Government
†national identity card no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement
†Aliens Passport no. ............................... issued on the ...... day of .................... by the authorities of ................................... which is an authority recognised by the Irish Government
†refugee travel document no. ............................... issued on the ...... day of .................... by the Minister for Justice and Equality
† travel document (other than refugee travel document) .............................................. issued on the ...... day of .................... by the Minister for Justice and Equality]
........................................ .....................................................................................
Deponent Commissioner for Oaths/ Practising Solicitor
This affidavit is filed with the District Court Clerk at ..........................on the ...... day of .................... 20... by .................................. on behalf of the claimant.
*Delete where inapplicable.
†Where relevant, select appropriate option and delete others.
51A.01
Summons for attendance of debtor under Enforcement of Court Orders Act 1926, section 15(1)
Schedule C
O.51A, r.3 (1)
District Court Area of District No.
Record number:
To: .............. of .............. in the above Court area ..............Debtor
Application by.............. of .............. Creditor
Enforcement of Court Orders Act 1926, section 15(1)
SUMMONS FOR ATTENDANCE OF DEBTOR
If you fail to attend in the District Court at the place and on the date given below at the time stated, an instalment order may be made in your absence. If you fail to deliver your completed Statement of Means as required below, an instalment order may be made. Failure to make a payment due under an instalment order may result in a further summons being issued against you, which may lead to your being arrested and imprisoned for a period of up to three months.
YOU ARE REQUIRED BY THIS SUMMONS to attend at the District Court at.............................. on the ...... day of .................... 20... at ......... a.m./p.m. to be examined as to your means.
YOU ARE ALSO REQUIRED BY THIS SUMMONS at least one week before that date to complete the Statement of Means attached to this summons, detach it and lodge the completed Statement of Means, by delivering or sending it to the Clerk of the District Court at the address shown on the Statement of Means.
The creditor claims that by an Order of the............... Court dated the ...... day of .................... 20..., it was ordered that the creditor recover against you, the debtor, the total sum of €........., (debt) and the sum of €......... for costs and expenses, together with interest at the rate of .......% per annum on the (debt) (debt and costs and expenses) until satisfied.
The creditor also claims that the Order has not been complied with and that there is now due and owing by you the debtor to the creditor on foot of that Order the total sum of €.......
Signed:............................................
District Court Clerk
..............detach here..............
(Statement of Means in Form No. 51A.02 to be added)
*Delete where inapplicable
51A.02
Statement of means under Enforcement of Court Orders Act 1926, section 15(1)
Schedule C
O.51A, r.4
Record number:
District Court Area of District No.
.............. Debtor
.............. Creditor
Enforcement of Court Orders Act 1926, section 15(1)
STATEMENT OF MEANS
Please note:
1. Please complete this Statement of Means carefully and accurately. If you need assistance in completing this Statement of Means, you may wish to contact your solicitor (if you have one), the Money Advice and Budgeting Service or a Citizen’s Advice Centre.
2. If you deliver a statement of means which is false to your knowledge in a material particular, you may be arrested and imprisoned for a period not exceeding three months.
3. If you are in receipt of any social welfare payments it is most important in your own interests that you bring with you your social services card and produce it to the Court.
4. If any of your details do not fit in the space provided, please attach a separate sheet giving those details.
5. You are advised to keep a copy of this Statement of Means and bring it with you to Court.
To the District Court Clerk
at....................................
As required by the summons served on me in the above-named proceedings, I now lodge the following statement of my means.
| € per week (gross) | € per week (net) | |
| 1. Income: Please set out in this section each means by which your income is earned (e.g. employment) or the source of your income (e.g. social welfare benefits) and the amount per week you receive from each means or source. | ||
| a. | € | |
| b. | € | |
| c. | € | |
| 2. Outgoings: Please set out below in this section details of your outgoings (e.g. rent, household expenses, gas/electricity, loan repayments) and the amount per week you pay for each. | ||
| a. | € | |
| b. | € | |
| c. | € | |
| 3. Other court orders: Please set out in this section if you are at present making payments on foot of any other court orders (e.g. other instalment orders, maintenance etc). If you are, please give details of the amounts and the reference numbers and bring with you to court copies of any relevant documents. If you are not, strike through this section. | ||
| a. | Reference no.: | € |
| b. | Reference no.: | € |
| c. | Reference no.: | € |
| 4. Assets: Please give in this section a description of any assets which you own (e.g. money in bank, car etc) and the approximate value of each. If you have no relevant assets, strike through this section. | ||
| a. | € | |
| b. | € | |
| c. | € | |
| 5. Other liabilities: Please give in this section a description of any other liabilities you have which you are not currently repaying and the approximate value of each. If you have no relevant liabilities, strike through this section. | ||
| a. | € | |
| b. | € | |
| c. | € | |
| 6. Persons for whose support I am legally or morally liable: Please give details in this section of other people who you are legally or morally liable to support, for example your children or any relative who relies on you. If there is no relevant person, strike through this section. | ||
| Name: | Address: | Age: |
| Name: | Address: | Age: |
| Name: | Address: | Age: |
I say that, to the best of my knowledge and belief, the particulars given above and on any attached sheet are accurate and true. I understand that if I deliver a statement of means which is false to my knowledge in a material particular, I may be arrested and imprisoned for a period not exceeding three months.
Dated this ...... day of .................... 20...
Signed: ..............
Debtor
of ..............
This statement of means is filed with the District Court Clerk at ...........................on the ...... day of .................... 20... by ..............on behalf of the debtor
51A.03
Statutory declaration to accompany application for summons under Enforcement of Court Orders Act 1926, section 15(1)
Schedule C
O.51A, r. 3
District Court Area of District No.
Record number:
To: .............. Debtor
of ..............
Application by .............. Creditor
of ..............
STATUTORY DECLARATION TO ACCOMPANY APPLICATION FOR SUMMONS
Enforcement of Court Orders Act 1926, section 15(1)
I, .............. of ..............aged sixteen years and upwards, do solemnly and sincerely declare that:
(I am the creditor in the above civil proceedings); (I have been authorised by the creditor in the above civil proceedings to make this statutory declaration on his/her behalf).
The judgment debt sought to be enforced in the accompanying application is a debt due under a judgment, order or decree of a court of competent jurisdiction, namely, a judgment/order/decree of the ........ Court dated the ...... day of .................... 20...
The debtor in these proceedings is ordinarily resident at ....... in the above Court district.
I make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
Signed: ..............................
Declared before me ............................... [name in capitals] a (Judge of the District Court) (commissioner for oaths/practising solicitor) (peace commissioner) (notary public) by the said ....................................................
*[who is personally known to me]
*[who is identified to me by ...................... who is personally known to me]
*[whose identity has been established to me before the taking of this Declaration by the production to me of
†passport no. .................... issued on the ...... day of .................... by the authorities of .............................., which is an authority recognised by the Irish Government
†national identity card no. .................... issued on the ...... day of .................... by the authorities of ............................. which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement,
†Aliens Passport no..................... issued on the ...... day of .................... by the authorities of ......................... which is an authority recognised by the Irish Government,
†refugee travel document no..................... issued on the ...... day of .................... by the Minister for Justice and Equality,
†travel document (other than refugee travel document) .................... issued on the ...... day of .................... by the Minister for Justice and Equality,]
at .................................................this ...... day of ....................20.....
Signed: ...........................................
Judge of the District Court Commissioner for Oaths / Practising Solicitor / Peace Commissioner /*Notary Public.
This statutory declaration has been filed with the District Court Clerk at ........................ on the ...... day of ....................20.....
- Delete words or clauses which are not applicable.
†Where relevant, provide details of the document by which identity has been established, and delete the remaining alternatives.
51A.04
Certificate of amount due under Enforcement of Court Orders Act 1926, section 15(6)
Schedule C
O.51A, r. 5
District Court Area of District No.
Record number:
.............. Debtor
.............. Creditor
CERTIFICATE OF AMOUNT DUE
Enforcement of Court Orders Act 1926, section 15(6)
To the District Court
I certify that, as set out below, no sum whatever/the total sum of €......... has been paid on foot of the claim herein since the service of the summons herein, and that the sum of €......... is now due by the debtor to the creditor.
| Amount due (for debt, costs, expenses, interest if any) at the date of the service of the summons | Amount due (for debt, costs, expenses, interest if any) at the date of the service of the summons | € |
| Payments made since the date of the service of the summons:— | Payments made since the date of the service of the summons:— | |
| Date | Amount | |
| € | ||
| € | ||
| € | ||
| € | ||
| Deduct total payments | € | |
| € | ||
| Add accrued interest (if any) from date of service of summons to date of this certificate | Add accrued interest (if any) from date of service of summons to date of this certificate | € |
| Amount now due | Amount now due | € |
Dated this ...... day of ....................20.....
Signed: ..............
*(Solicitor for the) creditor
*Delete where inapplicable
51A.05
Summons to vary an instalment order
Schedule C
O.51A, r. 7
District Court Area of District No.
Record number:
.............. Debtor
.............. Creditor
SUMMONS TO VARY AN INSTALMENT ORDER
Enforcement of Court Orders Acts 1926 to 2009
You are hereby required to attend at the sitting of the District Court to be held at.............................. on the...... day of ....................20....., at ....... a.m./p.m. on the hearing of an application on behalf of thecreditor/debtor:
To have the instalment order dated the ...... day of ....................20....., made in this matter by the District Court sitting in the said Court area, varied as provided by section 5 of the Enforcement of Court Orders Act 1940 , or
For such other relief as the Court considers just in the circumstances, and
For the costs of this application.
Dated this ...... day of ....................20.....
Signed: ..............
District Court Clerk
To the above creditor/debtor of .....................................
*Delete where inapplicable
51A.06
Summons on failure to comply with an instalment order
Schedule C
O.51A, r. 8
District Court Area of District No.
Record number:
.............. Debtor
.............. Creditor
SUMMONS ON FAILURE TO COMPLY WITH AN INSTALMENT ORDER
Enforcement of Court Orders Act 1940, section 6
(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)
If you fail, without reasonable excuse, to attend in the District Court at the place and on the date given below at the time stated, a warrant may be issued, without further warning, for you to be arrested and brought before the District Court.
Failure to make a payment due under an instalment order may result in your being arrested and imprisoned for a period of up to three months.
WHEREAS:
An instalment order was made on the ...... day of .................... 20..... by the District Court sitting at............................. for the District Court Area of......................... District No..........., under which you, the above debtor were ordered to pay the sum of €........ and the sum €......... for costs,
*(by..................... instalments of €........ each, the first such instalment to be paid before or on the ...... day of ....................20..... and each subsequent instalment to be paid .................thereafter)
*(in one payment to be paid before or on the ...... day of ....................20.....)
Proof has been given that the instalment order was duly served on you the debtor of............................ and that the instalment order is still in force
The creditor claims that you the debtor have not complied with the instalment order and that there is now due and owing by you the debtor to the creditor on foot of the instalment order the total sum of €.......
YOU ARE REQUIRED to attend at the sitting of the District Court to be held at................ on the ...... day of ....................20..... at.........a.m./p.m. on the hearing of this summons.
At that hearing, having listened to the creditor and to you, the Court may:
treat the case as one asking the Court to vary the instalment order and if it does, it may change the number of the instalments, or the amount of each instalment, or the times at which instalments are to be paid or change a single payment to payment by such instalments at such times as the Judge thinks is reasonable in all the circumstances;
request that the creditor and you seek to resolve the dispute by mediation, which is a process which involves a neutral party attempting to help the creditor and you to reach a settlement or compromise;
make an order for your imprisonment for a period not exceeding three months, but with the imprisonment postponed provided you comply with conditions set out by the Court, or
make an order for your imprisonment for a period not exceeding 3 months, to take effect immediately.
Signed: ..............
District Court Clerk
To ..........................................
of ..........................................
the above-named Debtor.
*Delete where inapplicable
51A.07
Order for arrest and imprisonment — postponed conditionally
Schedule C
O.51A, r. 8(16)
District Court Area of District No.
Record number:
.............. Debtor
.............. Creditor
ORDER FOR ARREST AND IMPRISONMENT — POSTPONED CONDITIONALLY
Enforcement of Court Orders Act 1940, section 6(7)(c)
(as amended by Enforcement of Court Orders (Amendment) Act 2009, section 2)
The District Court has made an order for your imprisonment for your failure to comply with an instalment order referred to below as the “original order”. The order for imprisonment is postponed provided that you comply with the conditions of this order.
If you fail to comply with this order, you may be arrested and imprisoned for the period specified in this order.
If your ability to comply with the terms of this order changes, you should immediately contact the District Court Clerk at.......... and (if the original order was made by this Court) ask to have the matter re-entered to apply to the Judge to vary the original order.
WHEREAS:
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