How to respond to a Civil Bill for Possession
Before you start
This page explains how to respond to a Civil Bill for Possession in the Circuit Court.
Important: You must respond by the deadline stated on your Civil Bill. If you do not respond, the court may make an order for possession without you (this is called a “judgment in default”).
What to do now
- Read your Civil Bill and any enclosures to understand the case against you.
- Gather your documents (for example, mortgage statements and correspondence).
- Enter an Appearance to tell the court and the lender you intend to take part.
- If you dispute the claim, prepare a replying affidavit and then swear it.
- File and serve your documents before the return date shown on your Civil Bill.
Key term
Return date: the date on your Civil Bill when your case is listed. You should attend unless the court tells you otherwise.
Useful links
Enter an Appearance
You should complete an entry of appearance (Form 5) to let the court know that you have received the Civil Bill and acknowledge it. Download: entry of appearance (Form 5) .
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.
Prepare your replying affidavit
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
Download the Circuit Court affidavit template: Circuit Court affidavit template (DOCX).
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.
- You should 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 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, 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 list is usually displayed in the courthouse. If you are unsure where to go, please ask at the office counter which courtroom you should go to for your hearing.
Support services such as MABS often have a court mentor (who provides information and support about the repossession and court process; they cannot give you legal advice or speak for you in court) present at County Registrar repossession lists. See 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 (who provides advice to borrowers who do not have a solicitor at court and may be able to speak for you in court) present.
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, see our support services for repossession page.
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 helps the County Registrar decide the order in which cases will be heard. 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); or
- request more information and documents from you or your mortgage lender.
It is important that you attend 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 an order for possession;
- dismiss/strike out the case; or
- 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. See repossession appeals 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 helps the judge decide the order in which cases will be heard. 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 judge with details of the case being made against you. You will be given an opportunity to give your side of the story. The 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 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); or
- 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; or
- transfer the case back to the County Registrar.
It is important that you attend 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 judge will make a final decision.
When your case is finalised, the judge may:
- grant an order for possession;
- dismiss/strike out the case; or
- 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. See repossession appeals for further information.
