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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12293
Experience:  Barrister 17 years experience
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I have a FIFA and Instalment Order which is unpaid since

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I have a FIFA and Instalment Order which is unpaid since 2018. I would like to apply for discovery in aid of execution against the debtor's employers, and SIPO for the declarations of interest.
The Instalment Order is a District Court matter, and I don't know where I make my notice of motion to, the district court, circuit or high court. I see 2 forms on the courts site https://www.courts.ie/content/originating-notice-motion
and form 44.01 (district)
It would be under the debtor's act I think?

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. You should make your application for discovery in aid of execution in the District Court and essentially compel the debtor to provide information about his income from his employers and to SIPO for the declarations of interest. Be aware that because an instalment order has been made and not adhered to, then you will get your application granted for the asking for it. The originating notice of motion procedure is used in the Circuit Court and High Court. The application is made under the Debtor's Act and will be heard in the normal way by a District Court judge.

Customer: replied 5 days ago.
Thank you. The debtor refuses to ever attend court. He uses false addresses and is often abroad. he is paid around 200k main salary from a public body. In addition he has several other incomes (probably undeclared). He didn't attend means hearing. I have to fly to Ireland each time I attend so it costs a lot. I add it to the sum but it's not getting paid. So I think asking for third party discovery is only option? I've asked for voluntary discovery but his employer refuses. SIPO also refused but I understand that as it says it needs court order due to law.
Customer: replied 5 days ago.
sorry to clarify, do you mean it is the 'originating notice of motion' (circuit court rules) I should use, and send it to the district court?
Customer: replied 5 days ago.
sorry, should I make the SIPO and employer discovery requests in the same motion or separate? employer is a uni
Customer: replied 5 days ago.
the uni has been assisting the debtor by allowing false addresses, and use of work time to do things like put received (signed for) mail back into mail boxes and cause a lot of problems for all including mail employees. employer doesn't want to face any courts because person should never have been employed and has done a lot of frauds
Customer: replied 5 days ago.
do I have to put the reason for discovery for each item? Essentially, I thought there may be a small chance of having attachment of future 'asset' in terms of maybe Intellectual Property, or any other income which is not 'salary' (which is not allowed to be attached I believe). There are other incomes from USA and couple other countries but none I can have dealt with in Ireland. Debtor must know this as it's staying unpaid and he still employed. Was arrested at workplace put before judge to say he had to attend in future, still no action by the employer (to say that he needs to comply with Irish law). Still didn't attend later.

2. You should really be getting discovery in aid of execution in relation to this person's bank accounts and financial affairs as well as their salary, as ultimately, it would be easier if you could garnishee his bank account or his pension pot. I would also advise you to hire a solicitor if you want to stop the whole process wearing you out, flying back and forth. An Irish solicitor who is engaged in debt collection would save you a lot of stress and do a better job. Discovery in aid of execution is really used to give a full financial picture of the debtor's assets, such as a house and income, so you can extract the money easily. As you are dealing with a slippery customer, you should really get an Irish solicitor with debt collection experience to help you.

Customer: replied 5 days ago.
Can I really garnish pension?
Customer: replied 5 days ago.
That might help!
Customer: replied 5 days ago.
I will try to get an Irish lawyer. Should I say I'm looking for someone to take on the execution now?

3. You use the District Court procedure in the District Court. I only mentioned that the Originating Motion procedure was used in a different court to the one you are in, so you would know not to use it. You should include the several different items in the one application, but direct it to different respondents, like the uni. You should also consider committal to court for failure to comply with the instalment order. This will frighten him if he considers himself "respectable".

4. You should explain to the solicitor when initiating the retainer that you essentially want to recover the money due plus legal costs and if necessary, agree a percentage for the solicitor or agree legal fees at the outset. The solicitor should be one experienced in debt collection. It appears to me that there is plenty of money here but you lack the legal knowledge and wherewithal to get the debtor on the hook because you are not experienced in debt collection yourself.

Customer: replied 5 days ago.
The problem is that the debtor in Ireland a few days a week. He was employed despite fraud at previous employers. The last hearing recently should have been the committal hearing but he didn't attend. I read the committal Order format on the courts.ie site and it says 'in the presence of the creditor and the debtor' so I think he can just continue to not attend and essentially avoid that way. Unfortunately he passed the care about 'respectable' long ago, if he ever had, and he is a 'bad guy'. He stole from previous employer. Was suspended for over a year, full pay. Allowed to go to avoid the harm to reputation etc. The current employer has since helped to harm me and allowed him to threaten me etc, all on work pc's. They are huge, used to courts, and relying on receiving public funds no matter how useless or dishonest.
Customer: replied 5 days ago.
I originally had a firm of debt collection and they were bad. They assumed a letter on headed paper would get payment and then they did all else badly including an incorrect rate of interest. Experience put me off but I am willing to try with an experienced solicitor. Yes, plenty of money, million of euros in various accounts, but mostly outside Ireland. Salary in Ireland is one I should be able to find though, if the employer has to tell, along with addresses the debtor has provided to the employer (which can also show he received all services or lied).
Customer: replied 5 days ago.
I don't suppose you think expenses would be attachable? He is one who puts in for loads of expenses for flights etc.

5. There is an old adage that "A man who is his own lawyer has a fool for a client". Reading what you have written, you have got too close to this matter. So, you should really let someone experienced take over. Your analysis of the committal process is flawed. So, you need help, from someone who is experienced as a solicitor, not a debt collection company, who are not used to the hard cases.

Customer: replied 5 days ago.
sorry, finally, it's certain I can't apply to attach the Irish salary?

6. Salaries aren't directly attachable in Ireland owing to legislation on this point, with the exception of Family law issues. However, if you were doing the thing correctly, your payment order should achieve the same thing. So, it is time you let someone else take over.

Customer: replied 5 days ago.
I'm definitely a fool! I know that. But it's been impossible I promise, in terms of money too - Re payment order - FIFA was based on EEO so case not fought in Ireland. I've been unable to pay rent. If I could make an arrangement with a lawyer I'd love to have their guidance. Would you have any advice for words to search for the lawyer? 'lawyer specialist debt Ireland'?
Thank you veyr much for your answers

7. Don't be a bigger fool, searching for a lawyer on Google. Get a reference from someone else who has been engaged in debt collection in Ireland. Speak with your debt collection company and see who they would recommend but realise their lawyer might be just as professional as themselves. Speak with another solicitor in the game in Ireland. That is probably the best bet for your case.

Customer: replied 5 days ago.
case is adjounred to Jan 2021. He didn't attend and I assume I can't ask for committal order (now, after hearing he didn't attend). If he doesn't attend in January, me and my lawyer could still ask for committal at the hearing?

8. If you haven't been able to pay rent, engage the solicitor on a percentage basis. Finally, go after the money, not committal as this person has plenty of money. Your committal application is probably not worth the paper it is written on, if you did it yourself. So, start afresh with a new solicitor.

Customer: replied 5 days ago.
To clarify I haven't asked for committal order. I was going to , but debtor doesn't attend, and the order says it has to be in their presence (as they have to have right to defend the idea). I called 5 firms previously, I think maybe cross-border EEO puts them off. I don't currently live in Ireland. I appreciate your advice a lot though, thank you.
Customer: replied 5 days ago.
I was aiming for committal order as order of last resort. Assuming that he'd lose his job if he's committed.
Not great help in terms of paying, but he does have other salaries. I believe he may be willing to go to prison for 3 months...attention seeker etc.
Thank you a lot anyway
Customer: replied 5 days ago.
I will use the district court form and apply for discovery from employer and SIPO which may help a lot and may show some things to be attached!
Customer: replied 5 days ago.
thank you

9. Glad to be of assistance. I appreciate the difficult situation you find yourself in. Have a good day.

Buachaill and other Republic of Ireland Law Specialists are ready to help you