Civil Debt (Procedures) Act 2015

1. Definitions

1. In this Act—

“Act of 1926” means the Enforcement of Court Orders Act 1926;

“Act of 1940” means the Enforcement of Court Orders Act 1940;

“Act of 2005” means the Social Welfare Consolidation Act 2005;

“Act of 2009” means the Enforcement of Court Orders (Amendment) Act 2009;

“attachment of earnings order” means an order under section 10(1);

“contract of employment” means—

(a) a contract of service or apprenticeship, or

(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract);

“credit” has the meaning it has in section 2(1) of the Consumer Credit Act 1995;

“debt” does not include a debt for repayment of credit provided to the debtor—

(a) by a person pursuant to an authorisation to provide credit in the State granted by the Central Bank of Ireland or an authority that performs functions in an EEA country that are comparable to the functions performed by the Central Bank of Ireland, or

(b) by any other person holding himself or herself out as carrying on a business of, and whose business consists wholly or partly of, providing credit in the State and who provided the credit in the ordinary course of that business;

“deduction from payments order” means an order under section 16(1);

“earnings” means any sums payable to a person—

(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and

(b) by way of pension or other like benefit in respect of employment (including an annuity in respect of past services, whether or not rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or diminution in the emoluments, of any office or employment);

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

“EEA country” means a state that is a contracting party to the EEA Agreement;

“employer”, in relation to a judgment debtor, means a person who employs the judgment debtor under a contract of employment, subject to the qualification that the person who under a contract of employment referred to in paragraph (b) of the definition of “contract of employment” is liable to pay the earnings of the judgment debtor in respect of the work or service concerned shall be deemed to be the judgment debtor’s employer, and includes a trustee of a pension scheme under which the judgment debtor is receiving periodical pension benefits;

“judgment” includes an order or decree of any court of competent jurisdiction;

“judgment creditor” means a person who has obtained judgment against another person in respect of a debt;

“judgment debt” means, in relation to a judgment creditor, the amount payable under the judgment obtained by the judgment creditor and includes any amount remaining due after payment or recovery of part thereof;

“judgment debtor” means, in relation to a judgment creditor, the person against whom judgment has been obtained by the judgment creditor;

“Minister” means the Minister for Justice and Equality;

“net scheme payments”, in relation to a judgment debtor, means the amount, other than any amount specified in columns (3) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (3) to (8) of Part 1 of Schedule 4 to that Act, payable weekly under a scheme to the judgment debtor by the Minister for Social Protection after the making of—

(a) any deductions for the purposes referred to in section 341(7) of the Act of 2005,

(b) any deductions for the purposes of section 84 of the Finance (Local Property Tax) Act 2012,

(c) any deductions for the purposes of section 53 of the Housing (Miscellaneous Provisions) Act 2014, and

(d) any deduction of any amounts required to be deducted by an order of a court;

“personal public service number” has the same meaning as it has in section 262 of the Act of 2005;

“relevant order” means an attachment of earnings order or a deduction from payments order, as appropriate;

“relevant total amount” means, in relation to a relevant order, the total amount specified in the order as being payable under the order to the judgment creditor concerned;

“scheme” means a scheme that is prescribed under section 24;

“statement of means” means a statement of means furnished by a judgment debtor under section 7 or, in relation to a relevant order that has been varied under section 20, the statement of means furnished by the judgment debtor under subsection (2) or (4) of that section;

“verifying certificate” means a certificate of the Minister for Social Protection under section 7(3)or, as the case may be, section 19.

2. Regulations

2. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister or the Minister for Social Protection under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

3. Expenses

3. The expenses incurred by the Minister or the Minister for Social Protection in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

4. Jurisdiction

4. The jurisdiction conferred on the court by this Act shall be exercised by a judge of the District Court assigned to the District Court district in which the judgment debtor concerned ordinarily resides or carries on any profession, business or occupation.

5. Service of documents

5. (1) A notice required to be served on or given to a person under this Act shall be addressed to the person by name, and may be so served or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to the address.

(2) The service of an attachment of earnings order may be effected by leaving the order or a copy of it at the address at which the employer ordinarily resides or the employer’s place of business in the State or by sending the order or a copy of it, by registered pre-paid post, to that residence or place of business.

(3) For the purpose of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

6. Power of judgment creditor to apply to court

6. (1) A judgment creditor may make an application to the court under this section where the judgment debt concerned—

(a) is for a liquidated sum, and

(b) an amount, being not less than €500 but not exceeding €4,000, of the sum referred to in paragraph (a) remains due.

(2) An application under this section shall be on notice to the judgment debtor concerned and in such form as may be prescribed by rules of court, and shall be accompanied by—

(a) a copy of the judgment concerned or other evidence of the granting of the judgment, and

(b) a statutory declaration made by the judgment creditor stating the amount of the judgment debt that remains due.

(3) A notice to the judgment debtor under subsection (2) shall be accompanied by, in addition to the documents referred to in that subsection, a statement of means to be completed by the judgment debtor.

7. Statement of means

7.(1) A judgment debtor, on receipt of a notice of an application under section 6, shall, within such period as may be prescribed by rules of court and in accordance with this section, complete and furnish to the court a statement of means.

(2) A statement of means referred to in subsection (1) shall be in such form as may be prescribed by rules of court, and shall specify the following:

(a) whether the judgment debtor is a person to whom earnings fall to be paid and, if so—

(i) particulars as to the judgment debtor’s earnings and expected earnings,

(ii) the name and address of each employer of the judgment debtor,

(iii) particulars to enable the employers referred to in subparagraph (ii) to identify the judgment debtor, and

(iv) whether any deductions are currently being made from the judgment debtor’s earnings in accordance with—

(I) section 1002 of the Taxes Consolidation Act 1997,

(II) Part 11A of the Act of 2005, or

(III) Chapter 1 of Part 10 of the Finance (Local Property Tax) Act 2012;

(b) whether the judgment debtor is a person to whom net scheme payments are payable and, if so—

(i) particulars as to the net scheme payments concerned, and

(ii) whether any of the deductions specified in paragraphs (a) to (d) of the definition of “net scheme payments” in section 1 are being made from the amount paid weekly under the scheme concerned and, if so, particulars as to the amount of such deductions;

(c) whether the judgment debtor is in receipt of any income other than that referred to in paragraphs (a) and (b), including:

(i) any benefit described in section 39(1) of the Act of 2005;

(ii) any assistance described in section 139(1) of the Act of 2005;

(iii) family income supplement under Part 6 of the Act of 2005;

(iv) back to work family dividend under Part 7A of the Act of 2005;

(v) any allowance payable to a person participating in a scheme or programme under section 359A of the Act of 2005;

(d) the aggregate amount of all liabilities of the judgment debtor including any duty (moral or legal) to provide financially for members of his or her family or other persons;

(e) whether the judgment debtor is obliged to make payments under a court order in force against him or her and, if so, particulars as to the payments concerned;

(f) whether the judgment debtor is the subject of an insolvency arrangement within the meaning of the Personal Insolvency Act 2012 and, if so, particulars as to the amount of the weekly or monthly payments to be made to the Insolvency Service of Ireland or, as the case may be, creditors under the arrangement;

(g) such other information relating to the financial circumstances of the debtor as may be prescribed by rules of court.

(3) Where a judgment debtor who receives a notice of an application under section 6 is a person to whom net scheme payments are payable, he or she shall—

(a) apply to the Minister for Social Protection for a verifying certificate, verifying the information referred to in subsection (2)(b) to be specified by the judgment debtor in his or her statement of means, and

(b) attach such verifying certificate to his or her statement of means.

(4) The Minister for Social Protection may by regulations prescribe—

(a) the information, being information required by him or her for the purpose of providing a verifying certificate, to be furnished by a judgment debtor in his or her application under subsection (3)(a), and

(b) the form of a verifying certificate.

(5) (a) A judgment debtor who furnishes to the court a statement of means under this section shall, within such period as may be prescribed by rules of court and subject to paragraph (b), furnish a copy of the statement of means (and, where applicable, the verifying certificate attached to the statement of means) to the judgment creditor.

(b) Nothing in paragraph (a) shall be construed as obliging a judgment debtor to whom that paragraph applies to disclose his or her personal public service number to the judgment creditor.

(6) The court may, for the purposes of making a relevant order, require—

(a) the judgment debtor to provide to the court, within a specified period, any necessary supporting documentation in relation to the information (other than the information referred to in subsection (2)(b)) specified in his or her statement of means, and

(b) a person appearing to the court to be an employer of the judgment debtor to give to the court, within a specified period, a statement signed by the person, or on his or her behalf, of specified particulars of the judgment debtor’s earnings and expected earnings.

(7) In any proceedings in relation to a relevant order, the following is admissible as evidence of the facts stated in it and a document purporting to be such a statement or certificate is deemed, unless the contrary is shown, to be a statement or certificate so given—

(a) a statement of means furnished to the court under this section,

(b) a verifying certificate attached to a statement of means referred to in paragraph (a), and

(c) a statement given to the court under subsection (6)(b).

8. Adjournment etc. of application under section 6

8. (1) Where, on an application under section 6, it appears to the court that the judgment debtor is likely to be able within a reasonable period to pay the judgment debt concerned, the court may adjourn the proceedings for such period or periods as it considers reasonable.

(2) An adjournment under subsection (1) may be made subject to such terms and conditions with regard to payment by the judgment debtor of the judgment debt as the court considers appropriate.

(3) The court may vary or revoke any term or condition imposed under subsection (2).

9. Court may not make concurrent attachment of earnings order and deduction from payments order

9. The court, on an application under section 6, shall not make, in respect of the same judgment debt, an attachment of earnings order and a deduction from payments order where such orders are to have effect at the same time.

10. Attachment of earnings order

10. (1) The court may, on an application under section 6 and in accordance with this section, make an order directing an employer of the judgment debtor to—

(a) deduct from the judgment debtor’s earnings, at such times as are specified in the order, periodical deductions of such amounts (specified in the order) as may be appropriate, having regard to the normal deduction rate and the protected earnings rate specified in the order, and

(b) pay the amounts so deducted, at such times as are specified in the order, to the judgment creditor.

(2) Before deciding whether to make or refuse to make an attachment of earnings order, the court shall give the judgment debtor concerned an opportunity to make representations, including representations relating to whether the judgment debtor is a person to whom earnings fall to be paid.

(3) For the purposes of making an order under this section, the court shall assess, having regard to the statement of means furnished by the judgment debtor—

(a) the rate, not exceeding the rate that appears to the court to be necessary for securing payment within a reasonable period of the judgment debt and any costs of an application under section 6 in respect of the judgment debt concerned, at which the court considers it reasonable that the earnings to which the order relates should be applied in satisfying the judgment debt (in this section referred to as the “normal deduction rate”), and

(b) the rate below which, having regard to the needs of the judgment debtor and his or her particular circumstances, the court considers it proper that the relevant earnings should not be reduced by a payment made in compliance with the order (in this section referred to as the “protected earnings rate”).

(4) The court shall not make an attachment of earnings order unless it is satisfied that—

(a) the judgment debtor is a person to whom earnings fall to be paid, and

(b) having regard to the normal deduction rate and the protected earnings rate to be specified in the order, compliance with the order will leave a sufficient amount to the judgment debtor to maintain himself or herself and anyone dependant on him or her.

(5) An attachment of earnings order may direct that the costs of an application under section 6 in respect of the judgment debt concerned be included in the relevant total amount.

(6) An attachment of earnings order shall specify the following particulars:

(a) such information as the court has in its possession as would assist the employer in identifying the judgment debtor;

(b) the amount of the judgment debt that remains due;

(c) the relevant total amount;

(d) the appropriate amount, having regard to the normal deduction rate and the protected earnings rate, that is to be periodically deducted from the judgment debtor’s earnings;

(e) the normal deduction rate and the protected earnings rate;

(f) the frequency at which the amount referred to in paragraph (d) is to be deducted;

(g) the name and address of the judgment creditor to whom the amounts are to be paid;

(h) the date on which the order shall cease to have effect.

(7) Payments under an attachment of earnings order shall be in lieu of payments of the like amount under the relevant judgment that have not been made and that, but for the attachment of earnings order, would fall to be made under the judgment.

11. Service of attachment of earnings order

11. (1) Where an attachment of earnings order is made under section 10, the judgment creditor concerned shall cause it to be served on the person to whom it is directed.

(2) Where an attachment of earnings order is in force, a judgment creditor who becomes aware that a person has become the employer of the judgment debtor concerned shall cause the following to be served on the person: