Seizure of property to satisfy debts

If your creditor gets a judgment when you owe a debt the next step is to seek enforcement.  Initially a creditor will send the judgement to the Sheriff to seize property, but this Court sheriff does not have the powers of a revenue sheriff and rarely has the resources to seize goods. A further step is to obtain a judgment mortgage on some valuable property of the creditor. It is possible to register a judgment mortgage on property of the debtor, even the family home. The creditor can then apply to the appropriate court to force the sale of the house and get paid out of the proceeds.

While the courts are reluctant to force the sale of the family home, it is important to realise that a judgment mortgage can be registered on a family home, even without the consent of the non debt owing spouse. Once the judgment mortgage is obtained then it can be registered in the Land Registry or the Registry of Deeds. Once the judgment mortgage is registered the creditor can issue proceedings for the sale of the property and if he is successful in this application then the court makes an order for sale.

Another feature of the debt collection procedure is a fairly uncommon procedure called a Garnishee. This occurs where the creditor has no assets apart from debts due to him, then you can apply to have those debts paid to him instead. This can also occur in relation to balances in the creditors bank account, wages due to him and any other sums due to him.