When is your court date
You will find the date your case will be heard in the Circuit Court on your Civil Bill for Possession. It is important that you attend court on this date for the hearing of your case.
Your case will be included with other types of cases. These are generally called a Motions list.
Most County Registrar's Civil or Motions lists are published online. You can find this information by searching your case number on the Circuit Court legal diary.
Before your court hearing
Before your court hearing, make sure that you have completed all necessary documents. For more general information about preparing for and going to court, please see our what to expect in court page.
You can bring a friend or family member for moral support and to take notes if you wish. However, they can not take part in court proceedings.
On the day of your court hearing
On the day your case is being heard, you must be present at the time the list starts and bring all documents relevant to your case.
The County Registrar's Civil or Motions Lists is usually displayed in the Courthouse. If you are unsure of where to go, please ask at the office counter which courtroom you should go to for your hearing.
Support services such as MABS have a court mentor (whom provides information and support about the repossession and court process. However, they cannot give you legal advice or speak for you in court) present at all County Registrar Repossession lists. Please visit our support services for repossession page for more information on supports available and what the Court Mentor can do for you.
There may also be a duty solicitor (provides advice to borrowers who do not have a solicitor at court. They may be able to speak for you in court) present who you can talk to.
Support services can be engaged at any stage in the repossession process. To find more information on support services and how they can assist you in repossession, see our support services for repossession page.
Your case being heard by a County Registrar
The Court Registrar (assists the judge with administrative matters and are in charge of court documents and evidence) will call through the list and ask people to identify themselves when their case name and number are called out. Please identify yourself by standing or raising your hand when your case is called out. This is known as a 'call over.'
You may be asked a question about your case by the County Registrar, this is used to help the County Registrar decide what order cases will be heard in. Once the order of cases is decided, the court will begin. You will need to wait your turn for your case to be heard. If you are unsure, please ask the Court Registrar.
During your case hearing
When your case is called, the solicitors or barristers for your mortgage lender will provide the County Registrar with details of the case being made against you. You will be given an opportunity to give your side of the story. The County Registrar may ask you questions in Court about the evidence that you have submitted in your Replying Affidavit. You can only give oral evidence in court if you are given permission from the County Registrar. To give oral evidence you will be called to the witness box and sworn in by the Court Registrar.
The County Registrar may:
- Adjourn the case to another hearing date to allow you speak to your mortgage lender and/or support services. This may happen a number of times.
- Request more information and documents from you or your mortgage lender.
It is important that you attend the court for all of your case hearings to make sure that your side of the story is heard.
Result from your case hearing
Your case may have a number of adjournments before the County Registrar will make a final decision.
When your case is finalised, the County Registrar may:
- Grant the Possession Order.
- Dismiss/strike out the case.
- Transfer the case to a Circuit Court Judge.
The County Registrar can also decide who pays the legal costs of the case.
You can appeal the Country Registrars decision. Please visit the repossession appeals page for further information.
Your case being heard by a Circuit Court Judge
The Court Registrar (They assist the judge with administrative matters and are in charge of court documents and evidence) will call through the list and ask people to identify themselves when their case name and number are called out. Please identify yourself by standing or raising your hand when your case is called out. This is known as a 'call over.'
You may be asked a question about your case by the Circuit Court Judge, this is used to help the Circuit Court Judge decide what order cases will be heard in. Once the order of cases is decided, the court will begin. You will need to wait your turn
for your case to be heard. If you are unsure please ask the Court Registrar.
During your case hearing
When your case is called, the solicitors or barristers for your mortgage lender will provide the Circuit Court Judge with details of the case being made against you. You will be given an opportunity to give your side of the story. The Circuit Court Judge may ask you questions in court about the evidence that you have submitted in your Replying Affidavit. You can only give oral evidence in court if you are given permission from the Circuit Court Judge. To give oral evidence you will be called to the witness box and sworn in by the Court Registrar.
The Circuit Court Judge may:
- Adjourn the case to another hearing date;
- to allow engagement between you and your mortgage lender and/or support services. This may happen a number of times.
- to allow for a Plenary Hearing (A court hearing where all oral and written evidence is heard by a Judge) .
- Request more information and documents from you or your mortgage lender.
- Transfer the case back to the Country Registrar.
It is important that you attend the court for all of your case hearings to make sure your side of the story is heard.
Result from your case hearing
Your case may have a number of adjournments before the Circuit Court Judge will make a final decision.
When your case is finalised, the Circuit Court Judge may:
- Grant an order for Possession.
- Dismiss/Strike Out the case.
- Refer the case back to the County Registrars Motions list.
The Circuit Court Judge can also decide who pays the legal costs of the case.
You can appeal a Circuit Court Judges decision to the High Court. Please visit the repossession appeals page for further information.
