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47.05 Judgment (Decree) By Default (In Debt Claims In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)

This form is used to obtain a judgment by default in debt claims that fall under the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010. It's typically used when a debtor fails to respond to a debt claim in court proceedings.

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Form Overview

47.05 Judgment (Decree) By Default (In Debt Claims In Proceedings To Which The Consumer Credit Act 1995 Or The European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 Of 2010) Apply)

This form is used to obtain a judgment by default in debt claims that fall under the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010. It's typically used when a debtor fails to respond to a debt claim in court proceedings.

The form captures details about the debt, the parties involved, and requests the court to issue a judgment by default due to the debtor's non-response.

Risk Radar

  • Double-check that the debt claim falls under the Consumer Credit Act 1995 or relevant regulations before filing.
  • Incomplete debtor information may invalidate the judgment
  • Incorrect calculation of the debt amount
  • Missing documentation supporting the claim
  • Improper service of court documents to the debtor

Plain English

This form helps creditors get a court decision when someone who owes them money doesn't show up in court or respond to the claim. It's specifically for debt cases related to consumer credit agreements like loans or credit cards.

Submission Date

  • File this form within the statutory timeframe after the debtor's response period has expired, typically 28 days after service of the claim, but confirm the exact timeframe with the court.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when the debtor has not responded to the claim
  • Use for debt claims specifically covered by consumer credit legislation
  • Use when you have properly served the claim on the debtor
  • Use when seeking a judgment without a full hearing
  • Do not use if the debtor has filed a defense

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Full contested hearingForm 47.01For when the debtor disputes the debtCheck if the debtor has filed a defense
Summary judgment applicationForm 47.04For when there's no real dispute about the debtVerify there's no genuine defense
Judgment setting aside defaultForm 47.06If debtor wants to challenge the default judgmentConfirm debtor has valid reasons
Enforcement of judgmentForm 47.07After obtaining judgment to enforce paymentEnsure judgment is final and appeal period has passed

Deadline or filing window

File this form within the statutory timeframe after the debtor's response period has expired, typically 28 days after service of the claim, but confirm the exact timeframe with the court.

Before you submit

  • Complete all sections of the form accurately
  • Include correct debtor and creditor details
  • Attach all supporting documentation
  • Verify the debt amount calculation
  • Pay the required court fee
  • Ensure proper service of documents to the debtor
  • Check that the claim falls under the relevant consumer credit legislation

How to file this form

  1. 1Complete the form with all required information about the debt and parties
  2. 2Attach supporting evidence of the debt and service of claim
  3. 3Calculate and pay the correct court fee
  4. 4File with the relevant court office
  5. 5Obtain proof of filing
  6. 6Serve the judgment on the debtor according to court rules

Known limitations

  • Cannot be used if the debtor has filed a defense
  • Limited to debt claims covered by specific consumer credit legislation
  • May not apply to certain types of regulated credit agreements
  • Requires proper service of documents to be valid
  • Court may set aside the judgment if debtor shows good reason

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Current Form Status

This form is current and in use as of the latest information available, but always verify the most recent version on the Courts Service website before use.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Verify the form number matches the latest version on the Courts Service website
  • Check if recent legislation changes affect consumer credit claims
  • Confirm court fee requirements haven't changed
  • Ensure service requirements remain current
  • Check if online submission options are now available

Quick Facts

Creditors or their legal representatives need to file this form when a debtor has failed to defend against a debt claim in court.
The form captures details about the debt, the parties involved, and requests the court to issue a judgment by default due to the debtor's non-response.
Submit this form when the debtor has failed to file a defense or appear in court within the required timeframe after being served with the claim.
Submit this form to the relevant court office where the proceedings were initiated, either in person, by post, or through the Courts Service's online portal if available.
Submitting correctly ensures you get a legally binding judgment that allows you to enforce repayment, while errors could delay the process or require you to start over.
Complete all sections with accurate information about the debt and parties, attach any supporting documentation, and file with the court. Ensure all required fees are paid and service of the judgment is properly documented.

Form Details

Agency
Courts Service of Ireland
Revision Date
23/10/25

47.05 Judgment (Decree) By Default (In Debt Claims 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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After you file

  • Keep a copy of the filed judgment for your records
  • Monitor for any applications to set aside the judgment
  • Follow up with the court if you don't receive confirmation within expected timeframe
  • Begin enforcement proceedings if the judgment is confirmed and no appeal is lodged
  • Update your records with the judgment details

Source and verification log

  • Form number: 47.05 confirmed from provided information
  • Issuing agency: Courts Service of Ireland confirmed
  • Purpose: Obtaining default judgment in consumer credit debt claims inferred from form name
  • Legislation references: Consumer Credit Act 1995 and European Communities (Consumer Credit Agreements) Regulations 2010 confirmed from form name
  • Submission methods: Not confirmed in official source
  • Current form status: Not confirmed in official source
  • Court fee amounts: Not confirmed in official source
  • Exact timeframes for filing: Not confirmed in official source

Common confusion points

7 things to watch for

  • 1

    Confusing this form with standard judgment forms not specific to consumer credit

  • 2

    Uncertainty about which consumer credit legislation applies to the specific debt

  • 3

    Misunderstanding the proper service requirements for the claim

  • 4

    Confusion about timeframes for filing after debtor's non-response

  • 5

    Uncertainty about court fee amounts and payment methods

  • 6

    Mistaking this for an application to set aside a default judgment

  • 7

    Confusing this with enforcement forms obtained after judgment

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