Skip to main content
Normal View

Personal Insolvency Act

Dáil Éireann Debate, Thursday - 28 January 2016

Thursday, 28 January 2016

Questions (202)

Michael McGrath

Question:

202. Deputy Michael McGrath asked the Minister for Justice and Equality the process through which a judgment can be removed from or marked as satisfied in the High Court register of judgments in circumstances where the debt has been discharged through an insolvency service debt settlement arrangement or a personal insolvency arrangement; the equivalent process if the judgment creditor does not co-operate; if she will simplify the process; and if she will make a statement on the matter. [3795/16]

View answer

Written answers

I can inform the Deputy that where a judgment has been registered in the High Court the process for marking it satisfied in the register is that the debtor lodges in the Central Office a satisfaction piece which has been signed by the creditor in the presence of an attesting witness. The proper officer of the High Court Central Office will then update the register accordingly and sign a certificate of satisfaction.

If a judgment creditor does not cooperate it is open to the judgment debtor to apply to the court for an order directing another person to sign the satisfaction piece.

If the judgment was obtained in the District or the Circuit Court, the satisfaction piece is lodged in the office of that court, and the memorandum of satisfaction is signed in that court and then lodged in the High Court Central Office.

Sections 86 and 125 of the Personal Insolvency Acts 2012-2015 provide that a debtor who has successfully completed a Debt Settlement Arrangement or a Personal Insolvency Arrangement stands discharged from all unsecured debts specified in that arrangement, and stands discharged from any secured debts to the extent specified in that arrangement. The Acts also provide a simple procedure for confirming successful completion and for registering it on the Insolvency Service register.

I can further inform the Deputy that my Department is examining the possibility of providing for a streamlined process to register satisfaction of judgment debts via the Personal Insolvency Acts in the appropriate Court register, to facilitate both debtors and creditors.

Top
Share