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 control, management and recovery of secured and unsecured debt.
Our well-established debt recovery practice is recognised as a leader in Ireland. We can 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 litigation and regulatory developments 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 and cost effective 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 your needs.
We work closely with colleagues across the firm in related areas including Corporate Restructuring and Insolvency, Regulatory Enforcement and Investigations, Finance and Capital Markets and Commercial Real Estate.
As advisors to the majority of Ireland’s and the world’s top banks and largest asset managers, Matheson is in a unique position to support clients’ litigation requirements. With our extensive knowledge we are able to advise our clients on the best approach for recovery.
Matheson is part of The Interlex Group, an association of leading law firms around the world that co-operate to provide a complete range of international legal and business services to clients. This ensures our clients' legal requirements are supported globally.
Our experienced team of solicitors and legal executives will work closely with you to deliver a tailored debt and asset recovery solution. Our team is led by two partners.
We manage both high volume and individual 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;
- 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 provide cost 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.
We always recommend that debtors seek independent legal advice from a solicitor and if you are experiencing financial difficulties there are numerous organisations that can help and advise you.
- The Insolvency Service of Ireland www.isi.gov.ie
- Money Advice and Budgeting Service www.mabs.ie
- Free Legal Advice Centre www.flac.ie
- Keepingyourhome.ie www.keepingyourhome.ie
- National Consumer Agency www.nca.ie
- The Irish Courts Service www.courts.ie
- Irish Mortgage Holders Organisation www.mortgageholders.ie
If you have received correspondence from us, the following options are open to you:
Pay the debt
Your payment options are set out in the correspondence you have received. If we have written to you on behalf of a financial institution, you can contact us or the institution to make a payment.
You can also submit a proposal to us if you are not in a position to pay the entire amount due. We will review the proposal and let you know whether it is acceptable to our client.
Dispute the claim
If you dispute the claim, you should contact us as soon as possible outlining your reasons as to why you are disputing the claim. We recommend that you seek independent legal advice if disputing any claim.
Take no action
If we do not hear from you, we will have to proceed with legal action. You may be required to attend court. This may result in a judgment being granted against you or an order for possession being made in respect of your property.