Courts (No. 2) Act, 1986

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Examination of debtor as to means.

1.—(1) The Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of the following section for section 15 :

“15.—(1) (a) Whenever a debt is due on foot of a judgment, order or decree of a competent court by a person (in this Part of this Act referred to as ‘the debtor’) to another person (in this Part of this Act referred to as ‘the creditor’) the creditor may, subject to this section, apply to a District Court clerk for the District Court Area wherein the examination is to take place for the issue of a summons requiring the debtor to attend for examination as to his means by a Justice of the District Court.

(b) Such summons shall be in a form required by rules of court and shall, subject to subsection (2), be issued by the District Court clerk mentioned in paragraph (a).

(c) Upon service of such summons and for the purposes of such examination, the debtor shall lodge a statement (in this Part of this Act referred to as ‘a statement of means’) in accordance with subsections (3) and (4) of this section.

(2) An application for a summons under subsection (1) of this section shall be supported by a statutory declaration by or on behalf of the creditor that—

(a) the debt is due under a judgment, order or decree of a court of competent jurisdiction, and

(b) the debtor is ordinarily resident in the District Court District wherein his examination is to take place.

(3) The statement of means shall be in a form required by rules of court and shall specify the assets and liabilities of the debtor, his income earned and unearned, the means by which it is earned or the source from which it is derived, and the persons for whose support he is legally or morally liable.

(4) The statement of means shall, not less than one week before the sitting of the District Court at which the examination is to take place, be lodged with the District Court clerk for the District Court Area wherein the debtor's examination is to take place.

(5) The creditor shall be entitled, on payment of the prescribed fee, to inspect and take or obtain copies of the statement of means when lodged.

(6) At an examination pursuant to a summons under this section of a debtor the creditor shall produce evidence—

(a) of the original debt due to the creditor under a judgment, order or decree of a competent court (together with a certificate in a form required by rules of court setting out the amount outstanding at the date of the certificate), and

(b) that the debtor is ordinarily resident in the District Court District in which the examination is taking place.

(7) (a) In this section ‘prescribed’ means prescribed by regulations made by the Minister for Justice with the consent of the Minister for Finance.

(b) For the purposes of this section, the Dublin Metropolitan District shall be deemed to be a District Court Area.

(c) For the purposes of this Part of this Act, ‘debt’ includes any balance of a debt remaining due after payment or recovery of part thereof.”.

(2) Any proceedings under section 15 of the Enforcement of Court Orders Act, 1926 , which were pending in the District Court immediately before the commencement of this section may be continued and completed as if this section had not been passed.