Debt and Enforcement
Matheson has a specialist debt recovery and enforcement division which operates both under the Matheson brand and AB Wolfe & Co.
The experienced team advises a broad range of clients across all industry sectors on the recovery of secured and unsecured debt.
Our well-established debt recovery practice is recognised as a leader in Ireland. We offer services to suit all businesses and are known for offering practical and pragmatic advice as well as taking decisive action for our clients when necessary.
Our unrivalled experience means we regularly advise on emerging developments from a litigation and regulatory perspective which impact our clients and their portfolios.
We provide a full debt recovery and enforcement service from pre-legal through to enforcement in all courts and jurisdictions in the Republic of Ireland.
We set ourselves apart from our competitors due to our efficient service which is made possible by our highly knowledgeable team and the use of customised case management systems. We also provide regular, tailored reporting to meet our clients’ requirements.
We work closely with colleagues across the firm in related areas including Commercial Litigation, Corporate Restructuring and Insolvency, Regulatory Enforcement and Investigations, Finance and Capital Markets and Commercial Real Estate.
With our extensive knowledge we are able to advise our clients on the best approach for recovery.
Our experienced team of solicitors and legal executives work closely with our clients to deliver a tailored debt and asset recovery solution. Each case is assigned to an account manager, who is the main point of contact and can provide specific client reports. This ensures a quick turn-around time and a consistent level of service.
Our team prides itself on a pragmatic high quality of service from pre-legal and initial letters of demand through to collection or culmination. As well as handling many routine cases, there is a specialised team that can handle high-value debt and debts with an international dimension.
We provide the highest quality debt recovery service and representation to Irish and overseas clients. We provide guidance and support at all stages from pre-legal, formal demand letter to culmination of the debt recovery process through enforcement in all courts and jurisdictions, both within and outside Ireland.
Our Services
We manage both high volume and high value judgment proceedings at District, Circuit and High Court levels as well as appeals to the Court of Appeal and Supreme Court. We provide quality advice, guidance and support throughout the litigation and recovery process. This service includes:
- Review of initial instructions and providing advices;
- Asset investigations and tracing;
- Issuing pre-legal demands;
- Issuing and serving legal proceedings;
- Timely application for judgment where the claim is undefended;
- Pragmatic advice and timely case progression where the claim is defended;
- Regular advice and updates to clients by email, letter or report format;
- Prompt engagement with debtors where correspondence or proposals are received;
- Providing practical advice and guidance on settlement offers; and
- Timely remittance of money recovered.
We advise on the enforcement of judgments both domestic and foreign. Our advices incorporate a review of the judgment secured, a clear explanation of enforcement options, a pragmatic cost / benefit analysis on enforcement within the jurisdiction, tracing and asset searches as well as timely enforcement applications in the Irish Courts. Enforcement options include:
- Instructing county sheriffs to seize and sell assets;
- Registration of judgments in the Register of Judgments with consequent publicity;
- Registration of judgment as judgment mortgage over relevant property;
- Issuing and progressing instalment proceedings in the District Court;
- Examining debtors and related persons such as company directors as to the whereabouts of assets to help with the execution of judgments;
- Securing third party garnishee orders;
- Issuing and progressing well charging proceedings in respect of property;
- Bankruptcy;
- Notices to wind up pursuant to the Companies Acts;
- Employing enquiry, searching and tracing agents to trace and verify data on debtors and their property; and
- Advising on the enforcement of historic or acquired / assigned judgments and securing leave of the court where necessary.
We advise numerous secured creditors, financial institutions, credit unions, receivers, liquidators, credit servicers and investment funds on the enforcement of security together with related regulatory and compliance requirements. In particular, we have in-depth experience in high volume Circuit and High Court mortgage enforcement proceedings.
We have advised domestic and international clients on litigation and enforcement in the context of acquisition of loan portfolios, as well as advising on the transfer of such litigation. This includes large scale substitution applications (including omnibus applications), along with applications to join purchasers to appeals and for leave to execute existing orders and judgments. We advise on workouts and the impact of personal insolvency arrangements and bankruptcy on recovery.
We advise on transfer of litigation both during and following the acquisition of loan portfolios. This involves advices around the joinder and / or substitution depending on the underlying action.
We advise secured creditors on applications to object to personal insolvency arrangements which includes dealing with section 115 appeals in the Circuit Court.
We provide effective and timely debt recovery services and advices to businesses concerning vehicle and equipment finance, including HP, leasing and / or PCPs. We advise on the termination process, repossession of the asset, compliance with consumer legislation and debt recovery.
Particular consideration must be given where financing is provided to consumers as this is heavily regulated in Ireland. The relevant legislation has strict requirements surrounding the termination process of any agreement.
