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Debt and the protection of personal information

  • 12-11-2014 3:31pm
    #1
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭


    In a hypothetical situation, if someone in Ireland owed money to a creditor for maybe €3000, could/would the district court order that person's bank/service providers eg phone company, landlord, or even revenue commissioners, HSE or the Dept of Social Protection to release their personal information (address, phone number etc) to the creditor so they can issue court proceedings to recover the money owed?


Comments

  • #2
    Happdog
    Registered Users, Registered Users 2 Posts: 46 ✭Happdog


    Short answer no, however it is not necessary for a creditor to know for certain the actual address; they can bring an application for substituted service or have the summons served personally if they know the whereabouts of the individual. So if they know who employer is they will most likely make service at the work place. Embrassing but legal.


    If they have no idea where the individual is they can make substituted service under Order 10 rule 15 of the Rules of the District Court:
    “Wherever the Court is satisfied upon ex parte application made in that behalf, that, for good cause shown, service of a document cannot be effected in a manner or in any manner prescribed by these Rules, it may make an order for substituted or other service or for the substitution for service of notice by advertisement or otherwise. Particulars of such order shall be endorsed on the original and each copy of the document to be served”

    They could also attempt service on a family member, parents for example. Anyway once they take whatever steps the court requires, they have good service and they can seek judgment. Once they get judgement they will have more option open to then in regards seeking details in regards the individual


  • #3
    ldxo15wus6fpgm
    Closed Accounts Posts: 1,359 ✭✭✭ldxo15wus6fpgm


    Thanks for that, you've explained it very well. Would the substituted service order be something that is commonly used where a debtor has gone into hiding?


  • #4
    Happdog
    Registered Users, Registered Users 2 Posts: 46 ✭Happdog


    It would be common enough, a lot of people bury the head and hope the debts will just go away, this is ussually the worst course of action to take.

    In the District Court the procedure is quite informal and it is easy to get substituted service, the courts will accept a copy of the envelope returned by the postal services.

    However there can be complications in regards whether service is deemed good or not. The court has a wide discretion and I am unsure how it is generally applied in the District Court. Most creditors if they thought it cost effective would hire an investigator to find the individual or if they couldn’t be bothered sell the debt to a debt collection agency. It is relatively easy to find someone and the idea of going off the grid is a bit of a myth.


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