In some debt cases, a respondent who has been served with a Claim Notice (known as a Civil Bill in the Circuit Court, and a Summary Summons in the High Court) does not respond to, or ignores, the claim. This is called defaulting. This means that they have not paid the amount owed, and they:
- Have not submitted and served an appearance (default of appearance), or
- Have not served a defence (default of defence)
When a default happens, the claimant may apply for a judgment in default without a court hearing. This is also known as a Summary Judgment.
How to Apply for a Summary Judgment
The information below is specific to each court jurisdiction. Depending on the jurisdiction in which you are making an application for a Summary Judgment, please click on the relevant tab.
How to Apply for a Summary Judgment in the District Court
To apply for a Summary Judgment in the District Court, you, the claimant, (or your solicitor) must submit a number of documents in the court office where the claim was made. This set of documents is commonly known as a 'judgment set'.
The judgment set should be submitted within 12 months of the Claim Notice being served on the respondent. If you do not submit the judgment set within this time frame, you must give the respondent a month's notice of your intention to proceed with the claim. To do this, you must serve a Notice of Intention to Proceed (Form 39.01) on the respondent. For more information on serving and proof of service, please see our Serving and Proof of Service page.
Documents Required to Apply for a Summary Judgment
You (or your solicitor) must submit the judgment set in the court office where the claim was made.
A District Court judgment set must include:
- The original Claim Notice, including an endorsement of service.
- A Certificate of no Appearance or Certificate of no Defence (Form 47.01).
- An Affidavit of Debt (Form 47.02) or (Form 47.03 to be used where the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) applies). This must be submitted within one month of the date sworn.
- A Judgment (known as a "Decree" or the Judgment Order used to enforce the judgment through the Sheriff) (Form 47.04) or (Form 47.05 to be used where the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 (S.I. 281 of 2010) applies).
District Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
On every judgment set submitted in the court office, the following fee applies:
For claims up to and including €5,000, the court fee is €25.
For claims greater than €5,000, up to and including €10,000, the court fee is €70.
For claims greater than €10,000, the court fee is €80.
Note: the document that will be stamped with a court fee is the Affidavit of Debt.
If you get a Summary Judgment and want to recover the debt, please see our enforcement of debt judgment page for more information.
How to Apply for a Summary Judgment in the Circuit Court
To apply for a Summary Judgment in the Circuit Court, you, the claimant, (or your solicitor) must submit a number of documents in the court office where the claim was made. This set of documents is commonly known as a 'judgment set'.
The judgment set should be submitted within 12 months of the Claim Notice (known as a Civil Bill in the Circuit Court) being served on the respondent. If you do not submit the judgment set within this time frame, you must give the respondent a month's notice of your intention to proceed with the claim. To do this, you must serve a Notice of Intention to Proceed (template form that can be used) on the respondent. For more information on serving and proof of service, please see our Serving and Proof of Service page.
Documents Required to Apply for a Summary Judgment
You (or your solicitor) must submit the judgment set in the court office where the claim was made.
A Circuit Court judgment set must include:
- The original Claim Notice, including an endorsement of service.
- A Request for Judgment
- In the case of Default of Appearance (Form 9).
- In the case of Default of Defence (Form 10).
- A Certificate of no Appearance or a Certificate of no Defence (template forms that can be used).
- An Affidavit of Debt (template form that can be used), submitted within one month of the date sworn.
- A Judgment (template form that can be used).
- A Request for Execution Order (Form 20).
- An Execution Order (Form 21) (a Judgment Order used to enforce the judgment through the Sheriff).
Circuit Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
On every judgment set submitted in the court office (including Affidavit of Debt, Certificate of no Appearance/Defence, and request for execution order), the court fee is €120.
Note: The document that will be stamped with a court fee is the Request for Judgment form.
If you get a Summary Judgment and want to recover the debt, please see our enforcement of debt judgment page for more information.
How to Apply for a Summary Judgment in the High Court
To apply for a Summary Judgment in the High Court, you, the claimant (or your solicitor) must submit a number of documents in the Judgment section of the Central Office of the High Court in the Four Courts complex in Dublin. This set of documents is commonly known as a 'judgment set'.
The judgment set should be submitted within 12 months of the Claim Notice (known as a Summary Summons in the High Court) being served on the respondent. If you do not submit the judgment set within this time frame, you must give the respondent a month's notice of your intention to proceed with the claim. To do this, you must serve a Notice of Intention to Proceed (template form that can be used) on the respondent. For more information on serving and proof of service, please see our Serving and Proof of Service page.
Default of Appearance in the High Court
You can request a judgment in default of appearance in the High Court if the respondent in the case has failed to submit and serve a document known as a 'Memorandum of Appearance'.
Before you request a judgment in default of appearance, you must serve a Notice of Intention to Seek Judgment in Default of Appearance (commonly known as a '28-day warning letter') on the respondent(s).
You (or your solicitor) must then submit the judgment set in the Judgment section of the Central Office of the High Court.
A High Court judgment set in Default of Appearance must include:
- The original sealed Claim Notice, including an endorsement of service.
- An Affidavit of Service of Claim Notice. For more information on serving and proof of service, please see our Serving and Proof of Service page.
- A 28-day warning letter.
- An Affidavit of Service of 28-day warning letter.
- An Affidavit of Debt (general affidavit template form that can be used) Note: If the summons includes a claim for the interest on the debt, the amount of interest should be calculated and shown in the Affidavit of Debt, or waived via a letter from you, the claimant.
- A Judgment (template form that can be used).
- A signed solicitor’s certificate (if applicable).
- An Order of Fieri Facias (FIFA) (a Judgment Order used to enforce the judgment through the Sheriff).
- A Praecipe for Fieri Facias (signed by you, or your solicitor).
Default of Defence in the High Court
You can request a judgment in default of defence in the High Court if the respondent in the case has submitted a 'Memorandum of Appearance', but has not served a defence on you within the timelines set out either by the Superior Court Rules or by Court order.
To request a judgment in default of defence, you (or your solicitor) must apply to the court with a Motion for Liberty to enter final judgment. To do this, you must complete the following documents:
- A Notice of Motion and
- Swear an Affidavit to support the above Notice of Motion (template forms that can be used).
These documents must be stamped with a court fee and submitted in the Central Office of the High Court. See more information on court fees in the section below.
Upon submitting the documents, the Central Office will check the documents, and if correct, give you a court date before the Master/Deputy Master of the High Court.
The Notice of Motion and Affidavit must also then be served on the respondent. For more information on serving and proof of service, please see our Serving and Proof of Service page.
After hearing the case, the Master/Deputy Master may give an order for final judgment against the respondent. To finalise the judgment process, you (or your solicitor) will need to complete and submit a judgment set in the Judgment section of the Central Office of the High Court.
To do this, you must complete the following documents:
- A copy of the summons.
- An Affidavit of Debt (general affidavit template form that can be used) Note: If the summons includes a claim for the interest on the debt, the amount of interest should be calculated and shown in the Affidavit of Debt, or waived via a letter from you, the claimant.
- A second Affidavit, containing a statement that no defence has been submitted within the time allowed.
- A copy of the relevant court order.
- A Judgment form.
- A signed solicitor’s certificate (if applicable).
- An Order of Fieri Facias (FIFA) (if you intend to enforce the judgment).
- A Praecipe for Fieri Facias (signed by you, or your solicitor).
High Court Fees
Original documents must be stamped with a court fee. You can pay the court fees at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex). You can pay these fees by card or cash.
Notice of Motion for Final Judgement: €60.
Affidavit in support of Motion: €20.
Affidavit of Service of Summons: €20.
Affidavit of Service of '28 day Warning Letter': €20.
Affidavit of Debt: €20.
Judgment Form: €85.
If you have any queries in relation to requesting a judgment in default of appearance or a judgment in default of defence in the High Court, please contact the Judgment section of the Central Office of the High Court at: [email protected].
If you get a Summary Judgment and want to recover the debt, please see our enforcement of debt judgment page for more information.
