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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10535
Experience:  Barrister 17 years experience
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If we apply for installment order can there as well be any

Resolved Question:

If we apply for installment order can there as well be any other ways to have debt paid, can we also asking for assessing of the investments, properties and vehicles? thank you
Submitted: 12 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Can you explain the situation here in a little more detail please?

Customer: replied 11 months ago.
it is for Ireland, if a cort gives installments order, can we have any other debt collection as well?
Customer: replied 11 months ago.
Customer: replied 11 months ago.
more detail has given, is there anyone there?
Expert:  F E Smith replied 11 months ago.

Thank you. You have posted in UK law. I will opt out and transfer it to Republic of Ireland law.

Expert:  Buachaill replied 11 months ago.

1. DearCustomer you are not limited to simply an instalment order should you seek to enforce your judgment in Ireland. The forms of execution are cumulative. So, whilst you may seek and get an instalment order you can also garnishee any funds in this person's bank account at the same time. You can also send in the sheriff to sell any good belonging to the judgment debtor. These methods can all be used together. You are not limited to purely one method at the one time. So, you should seek a series of remedies to remove the debtor's assets. Get discovery in aid of execution and then chose what is appropriate.

Expert:  Buachaill replied 11 months ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 11 months ago.
thank you! Is there anything we have to apply for the court for then, to have the range of options. We will ask for discovery, and installment order, and should we ask for anything else? (we would like all ways of having the debt paid for it is late by long already and debtor is intrnsigant). Would the solicitor be abel to do all these for us? we asking solicitor for making the eeo and asking court for installment order?
Expert:  Buachaill replied 11 months ago.

3. You should attempt to find out if this debtor has a bank account, such as where his salary is paid and garnishee whatever amount is standing in his bank account. The Discovery in aid of execution will tell you this but you also run the risk that he will remove whatever is there before you get a garnishee order. You should be guided by your solicitor in all of this.

Customer: replied 11 months ago.
thank you, ***** ***** are a few bank accounts, investments and at least 4 properties. If they do lieing to the court, will anything heppen?
Customer: replied 11 months ago.
the properties have also renting income much by month. But they would not say this to court as the places not in same country
Customer: replied 11 months ago.
sorry, will garnishee work for accounts outside Ireland? or would the salary have to be paid to Irish bank by the rules in Ireland and tax
Expert:  Buachaill replied 11 months ago.

4. I would suggest you seek to garnishee the investments and bank accounts at the outset. At the same time, you can seek an instalment order and whatever orders attaching property, such as a judgment mortgage that you might wish. A judgment mortgage secures the judgment on a property. If there is rental income, you should garnishee the rental payment. A garnishee order is one which requires a third party, such as a tenant, to pay over the rent to the judgment holder. If you wish to garnishee a bank account, it must be done in the country where the bank account is located. An Irish court can in theory garnishee a foreign bank account but it is unlikely to do so. You should really apply in the country where the bank account is. Finally, the salary cannot be garnisheed or attached. That is why you get an instalment order.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10535
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
thank you a lot. this matter is goes on and in the future we may have other question, and it is good for us to have these help before we are having the lawyers in ireland, and we may come back here and ask more. the details helping us to understand the processing for the ireland

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