registration of a judgment. why bother?

shaneybaby

Hi folks,

It has come as news to me this afternoon that unregistered judgments are published none the less.
http://www.businesspro.ie/judgments/ur_judgments.html#Reg_Judg

Maybe it's just in the office where i work but quite often we would obtain a judgment in default because the defendant simply ignored us and it would not be until we send him.her a copy of the Execution order itself that they finally relent and pay up. On the letter itself it would inform the debtor that "unless you pay in 14 days yadada this information will be published in various trade magazines".

Even page 58 onwards of the law society's debt collection book (admittedly a 2004 copy) refers to registration as an option for making the Judgment public.

is there any point in registering anymore if it is already public knowledge?

Gamrab1974

My understanding is that if you don't register a judgment it won't appear on a judgment search. This would be the standard way of finding out if there are any outstanding judgments against a person. It is also a necessary step in bringing enforcement procedures, e.g. judgment mortgage.

dermot_sheehan

I believe you need to register a judgment before an execution order can issue.

So if you want to collect by levying execution you need it registered. If you register it as a judgment mortgage you don't need to register it.

nuac

Re Registration of a judgement

May give creditor some priority in the event of liquidaton or bankruptcy.

threat of registering it may produce payment.

AFAIK not necessary to register a judgement before other enforcement action i.e. ECA or judgement mortgage. If so would be glad for reference to rule or other authority for that,

shaneybaby

Gamrab1974 wrote: »

My understanding is that if you don't register a judgment it won't appear on a judgment search. This would be the standard way of finding out if there are any outstanding judgments against a person. It is also a necessary step in bringing enforcement procedures, e.g. judgment mortgage.

yeah i understood it as being standard as well but i gave stubbs a ring and apparently 8 years ago they started getting the unregistered Judgments (i.e. a decree from the District Court not sent anywhere).

Now it seems if you don't register a judgment it WILL appear on certain searches such as the Stubbs premium service and the ICB ratings(available to financial institutions)

i can find nothing that says you must register the Judgment first before a Judgment mortgage. you definitely don't need to do it before you call in the sherrif.

Gamrab1974

I was coming from a property perspective so the searches would be carried out by law searches. If you are buying a property and a judgment comes up against a vendor you would insist on having it discharged. This would be on the basis that it could be in the process of being converted into a judgment mortgage that would affect the purchasers title.

If the judgment is not registered then the purchaser is not on constructive notice of it. For a creditor it would be prudent to register the judgment so that the debtor would be forced to discharge it should they sell any property during the lifetime of the judgment.

I suppose it is a matter of practice over theory and whether you want the judgment to appear on a search, i.e. Law Searcher search, against the debtor.

shaneybaby

Gamrab1974 wrote: »

I was coming from a property perspective so the searches would be carried out by law searches. If you are buying a property and a judgment comes up against a vendor you would insist on having it discharged. This would be on the basis that it could be in the process of being converted into a judgment mortgage that would affect the purchasers title.

If the judgment is not registered then the purchaser is not on constructive notice of it. For a creditor it would be prudent to register the judgment so that the debtor would be forced to discharge it should they sell any property during the lifetime of the judgment.

I suppose it is a matter of practice over theory and whether you want the judgment to appear on a search, i.e. Law Searcher search, against the debtor.

Thanks all,

Apparently law searches only search for registered judgments unless you sopecifically ask for the unregistered ones too. Anyway, thanks everyone for replying.
S