Summary judgments

What is a summary judgment?

In some debt cases, the person who owes the money (called the respondent) does not respond after being served with a Claim Notice. This is known as defaulting. It means they have:

  • not submitted and served an appearance (this is called a default of appearance), or
  • not submitted a defence (this is called a default of defence).

When this happens, the person owed the money (called the claimant) can apply for a judgment without having to go to a court hearing. This is known as a summary judgment.

How to apply

The process depends on which court you are applying to. Use the relevant tab or section below to find the right steps for the:

  • District Court
  • Circuit Court
  • High Court

How to apply for a summary judgment in the District Court

To apply for a summary judgment in the District Court, you (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 it 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, see our serving and proof of service page.

Documents required

You (or your solicitor) must submit the judgment set in the court office where the claim was made. It 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 if the Consumer Credit Act 1995 or the European Communities (Consumer Credit Agreements) Regulations 2010 apply).
  • A Judgment (known as a "Decree" or the Judgment Order used to enforce the judgment through the Sheriff) (Form 47.04 or 47.05 depending on the applicable legislation).

District Court fees

Original documents must be stamped with a court fee. 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). Payment can be made by card or cash.

The following fees apply to each judgment set submitted:

  • For claims up to and including €5,000: €25
  • For claims over €5,000 up to €10,000: €70
  • For claims over €10,000: €80

Note: The Affidavit of Debt is the document that will be stamped with the court fee.

Next steps

If you are granted a summary judgment and want to recover the debt, see our page on enforcing a debt judgment 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 (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 it 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 on the respondent.

For more information on serving and proof of service, see our serving and proof of service page.

Documents required

You (or your solicitor) must submit the judgment set in the court office where the claim was made. It 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.
  • An Affidavit of Debt (submitted within one month of the date sworn).
  • A Judgment (template form).
  • A Request for Execution Order (Form 20).
  • An Execution Order (Form 21) – the 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 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). Payment can be made by card or cash.

The court fee for each judgment set submitted (including the Affidavit of Debt, Certificate of no Appearance/Defence, and Request for Execution Order) is: €120.

Note: The Request for Judgment form is the document that will be stamped with the court fee.

Next steps

If you are granted a summary judgment and want to recover the debt, see our page on enforcing a debt judgment for more

How to apply for a summary judgment in the High Court

To apply for a summary judgment in the High Court, you (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 not submitted within this time frame, you must give the respondent a month’s notice of your intention to proceed by serving a Notice of Intention to Proceed.

For more information on serving and proof of service, see our serving and proof of service page.

Default of appearance

If the respondent has not submitted and served a Memorandum of Appearance:

  • Serve a 28-day warning letter (Notice of Intention to Seek Judgment in Default of Appearance)
  • Submit the following documents in the Central Office:
    • Original sealed Claim Notice (with endorsement of service)
    • Affidavit of Service of Claim Notice
    • 28-day warning letter
    • Affidavit of Service of warning letter
    • Affidavit of Debt (include interest or waive via letter)
    • Judgment form
    • Solicitor’s certificate (if applicable)
    • Order of Fieri Facias (FIFA)
    • Praecipe for Fieri Facias (signed)

Default of defence

If the respondent submitted an appearance but no defence was served within the required timeframe:

  • Apply for a judgment by submitting:
    • Notice of Motion
    • Affidavit supporting the Motion
  • These must be stamped with the appropriate fee and served on the respondent.
  • You will receive a court date before the Master/Deputy Master of the High Court.
  • If judgment is granted, submit:
    • Copy of the summons
    • Affidavit of Debt
    • Second Affidavit (no defence filed)
    • Copy of relevant court order
    • Judgment form
    • Solicitor’s certificate (if applicable)
    • Order of Fieri Facias (FIFA)
    • Praecipe for Fieri Facias

High Court fees

Original documents must be stamped with a court fee. You can pay at your local court office or, in Dublin, at the Stamping Office in the Four Courts complex. Payment can be made 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, please contact the Judgment section of the Central Office at [email protected].

For information on enforcing the judgment, see our enforcement of debt judgment page.

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