The information provided on this page is general guidance only and is not intended to be a statement of the law or any creditor's policies on debt recovery.
Many creditors pursue their own court actions by way of the Small Claims Procedure. The information on this page is provided for party litigants who have obtained a decree from the court and require to take enforcement action. It is also an aide memoire for others involved in the recovery process. A decree does not guarantee that the money will be recovered and party litigants like any other creditor have to decide what is the most appropriate and cost effective course of action to effect recovery. Download our
Creditors Leaflet for further information on the practical considerations in enforcing recovery. Recovery is effected by what is known as diligence. The main types of diligence are earnings arrestment, bank arrestment or attachment.For fFurther information on these diligences click on the tab Diligence
For diligence to be effective the following information on a debtor assists in the recovery process.
- Place of Employment
- Bank details
- Ownership of assets
The extent of information known in these three areas will determine the appropriate course of action. Fees vary depending on the diligence instructed. Fees are payable regardless of whether the diligence leads to settlement or not.
Details of fees for Citation and Diligence can be found on our Fees page.
The Diligence Flow Chart is a brief guide to the order of recovery actions.
The right to enforce diligence may be stopped in certain circumstances in particular where a Time to Pay Direction or Order has been granted or a Debt Payment Programme has been applied for or is in place. If you have been granted an instalment decree or need further information on Time to Pay Directions or Orders, or Debt Payment Programmes go to the tab Diligence_Stoppers.
As indicated, diligence wll not always result in recovery. There are 2 other methods that can be used in certain circumstances namely Inhibition and Sequestration. We are happy to offer advice on the appropriate use of Inhibtion and Sequestration. Further information on the circumstances where they can be utilised and their procedures can be accessed at the tab headings below.