M50 Barrier Free Tolling
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A letter is sent to the Debtor outlining the amount due and giving the Debtor 10 days within which to repay this sum.
The amount of the debt will dictate whether a Civil Summons or a Civil Bill will be issued. A Civil Summons is issued in relation to District Court matters where the amount owed is up to €6,349.00. A Civil Bill will be issued in relation to Circuit Court matters which deals with amounts owing between €6,349.00 and €38,092.00. (A High Court Summons is issued where the relevant amount is in excess of €38,092.00.)
Before proceedings can be issued, a Demand Letter will have to have been sent and the requisite period (i.e. ten days) the Debtor has been given to repay the monies will have to have elapsed.
The Civil Summons/Civil Bill will then be issued by the appropriate Court Office and served on the Debtor.
Once the Civil Summons/Civil Bill has been served on the Debtor and the time within which they are allowed to enter an Appearance has elapsed with out them doing so, an Affidavit of Debt showing any payments made by the Debtor since the date of the Civil Summons/Civil Bill will have to be sworn by the Plaintiff and the amount due and owing at that date in time must also be stated. It should be noted that this is the amount for which Judgment will issue.
The Papers necessary to obtain Judgment are drafted and are then forwarded to the appropriate Court Office together with the original Summons/Civil Bill, Affidavit of service and Affidavit of Debt to apply for Judgment. Please note that this can only occur in situations where neither an Appearance nor a Defence has been entered.
Once the appropriate Court Office has all the documentation necessary to obtain Judgment and are satisfied they are accurate, the Court Office will then issue Judgment in the form of an Execution Order. The Debtor will then be notified of the fact Judgment has been obtained against him.