Support services
You should speak to support services for repossession. They can give you practical information and advice about what you can do. You should also consider getting legal advice to better understand the options available to you.
What to do if you have received a Civil Bill for Possession
If you have received a Civil Bill for Possession, it means that your mortgage lender has made an application to the court for a Possession Order.
You will need to read the Civil Bill for Possession and any other documents that you have received in order to understand the case that has been made against you. You will need to gather your own evidence such as your mortgage documents in order to prepare your case. For more information on what is in your civil bill you can visit our Civil Bill for Possession explained page.
You should speak to support services for repossession to get information and advice on what you will need to do. You can speak with support services at any stage but the earlier you speak with support service the better they will be able to help you.
If you ignore the Civil Bill the court may make an Order for Possession against you, without your involvement in the court hearing. This is known as a "Judgment in Default."
Next Steps
There are a number of steps in the court process. You will find information on what you need to do in each of these steps in the sections below.
You should complete an Entry of Appearance (Form 5) to let the court know that you have received the Civil Bill and acknowledge it.
When you file an appearance, the county registrar will keep your case on their list for a period of time. This allows time for you and your mortgage lender to engage. Support services can help with this. If you cannot come to an agreement, your case will be heard before a judge.
Complete your Entry of Appearance form
This form must contain the following information (some of which you will find on the Civil Bill that you received):
- The name of the Circuit and county where the claim is being defended.
- Your mortgage lender's name as the plaintiff and your name as the defendant.
- The name and court office of the county registrar and the name and address of your mortgage lender's solicitors.
- Your signature and the date that you signed the form.
Submit your Entry of Appearance form
You must submit your Entry of Appearance form to the Circuit Court office listed at the top of the Civil Bill. You do not have to pay a court fee to submit this form.
You should make three copies of the Entry of Appearance form: one for the court office, one to serve on the mortgage lender, and one for your own records.
Serve your Entry of Appearance form
You must serve (send, in line with the relevant court rules) a copy of the Entry of Appearance form on your mortgage lender or their solicitor within 10 days of receiving the Civil Bill.
You will need to provide proof of service at your court hearing. If you fail to serve this form within 10 days, you must obtain written permission for late service from your mortgage lender's solicitor.
For more information, see serving and proof of service.
An affidavit is a sworn statement setting out the facts and relevant documents to be considered by the court as part of your case. In repossession cases an affidavit is known as a replying affidavit.
You should provide the grounds (reasons) on which you do not agree with your mortgage lender's case in this document.
You can only give oral evidence in court if you are given permission by the county registrar or a circuit court judge. You will be sworn in (a formal declaration in court to tell the truth) by the court registrar to give oral evidence.
You should consider contacting support services for repossession or getting legal advice if you are going to complete a replying affidavit.
Complete your replying affidavit
Your replying affidavit must contain the following information (some of which you will find on the civil bill that you received):
- The title of your case and case record number.
- Your name as the defendant.
- Your occupation and address and confirmation that you are over 18 years of age.
- You can include documents such as bank statements, payslips and similar financial documents as evidence in your case.
- List these documents in separate numbered paragraphs in your replying affidavit.
- Attach these documents to the back of your replying affidavit. These attachments are called “exhibits.” They should be numbered as “exhibit 1,” “exhibit 2,” and so on.
Swear your replying affidavit
You must sign your replying affidavit and any exhibits in person in front of a solicitor (but not your own solicitor) or a commissioner for oaths (a person authorised to witness signatures on some legal documents, particularly affidavits) and swear that the information provided is correct before filing it with the court office and serving it on your mortgage lender.
There is a statutory fee payable to the solicitor or commissioner for oaths who witnesses your signature on your replying affidavit. The current statutory fee for a commissioner for oaths is €10.00 per signature and €2.00 per exhibit. Solicitors’ fees may vary.
Submit your replying affidavit
Once the replying affidavit has been sworn, it can be submitted to the court office. There is a €15 fee for submitting your replying affidavit to the court office.
You can pay 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.
You should make three copies of your replying affidavit. The original will be stamped and kept on file in the court office; you’ll need one copy to be served on the solicitor of your mortgage lender and one copy for your own records.
Serve your replying affidavit
You must serve (send a copy of a court document in line with the relevant court rules) your replying affidavit at least 4 days before your return date (your court date) on the solicitor of your mortgage lender. You will need to provide proof of service at your court hearing.
For more information, see serving and proof of service.
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 preparing for civil law court page.
You can bring a friend or family member for moral support and to take notes if you wish. However, they cannot 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 (who 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.
Your case being heard by a County Registrar
The Court Registrar (assists the County Registrar with administrative matters and is 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 to 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 their decision.
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 County Registrar's decision. Please visit the repossession appeals page for further information.
Your case being heard by a Circuit Court Judge
The Court Registrar (assists the judge with administrative matters and is 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 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 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 County 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 Registrar's Motions list.
The judge can also decide who pays the legal costs of the case.
You can appeal a Circuit Court Judge's decision to the High Court.
