This form is used to obtain a judgment by default in debt claims, excluding those involving consumer credit matters covered by the Consumer Credit Act 1995 or related regulations. It's typically used when a defendant fails to respond to a debt claim within the required timeframe.
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This form is used to obtain a judgment by default in debt claims, excluding those involving consumer credit matters covered by the Consumer Credit Act 1995 or related regulations. It's typically used when a defendant fails to respond to a debt claim within the required timeframe.
Plain English
If someone owes you money and hasn't responded to your claim, this form helps you get a court ruling that says they must pay. It's a straightforward way to get a court decision without a full hearing when the other side doesn't engage with the process.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Consumer Credit Debt Claim | Form 47.05 | Different legal protections apply for consumers | Verify if your claim falls under consumer credit legislation |
| Hire Purchase Agreement Dispute | Form 47.06 | Special rules for hire purchase contracts | Check if the agreement is regulated under hire purchase laws |
| Judgment with Costs | Form 47.04 with additional schedule | When you're claiming additional costs | Ensure you have documentation of all costs incurred |
| Set Aside Default Judgment | Form 47.07 | When the defendant wants to challenge the judgment | Must be filed within specific time limits after judgment |
| Enforcement of Judgment | Form 78 | When you need to enforce the payment order | Use after obtaining the default judgment |
File this form within 10 days of the defendant's failure to respond to the claim, but check specific court rules as timing may vary by case type.
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This form is current as of the latest Courts Service update. Always check the Courts Service website for any recent changes before filing.
Agency: Courts Service of Ireland
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47.04 Judgment (Decree) By Default (In Debt Claims Except In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)
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7 things to watch for
Confusing this form with those for consumer credit claims
Uncertainty about when the defendant is considered to have failed to respond
Difficulty calculating correct amount including interest
Not understanding the difference between judgment and enforcement
Confusion about proper service requirements
Uncertainty about which court has jurisdiction
Not knowing whether to include costs in the claim
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