Enforcement of Court Orders Act 1940
F17[Enforcement of certain orders for periodical payments.
8.— (1) Where a monetary amount payable by virtue of an antecedent order within the meaning of the Family Law (Maintenance of Spouses and Children) Act 1976 is not duly paid, the person entitled to the payments (in this section referred to as the applicant) may apply to the relevant District Court clerk for the issue of a summons directed to the person by whom such amounts are payable (in this section referred to as the defaulter) requiring the defaulter to attend before the District Court at a time and date specified in the summons for the purpose of giving evidence to the court as to his or her means and assets and on the hearing of such summons such person may be examined on oath by or on behalf of the applicant.
(2) Having heard evidence as to the amount outstanding on foot of such order and having heard evidence as to the means and assets of the defaulter, the District Court Judge may make such order as to the payment, collection or recovery of the amounts outstanding under such order as to the Judge seems fair and reasonable including one or more than one of the following:
(a) where the Judge is satisfied that there are monies due and owing by any other person to the defaulter, an order directing such other person to pay the monies concerned to the relevant District Court clerk to the extent of the amount outstanding to the applicant on foot of the order referred to in subsection (1) and which is specified in the order together with the costs of the application under this section,
(b) where the Judge is satisfied that there are monies which will become due or may become due by any other person to the defaulter, an order directing such other person to pay any such monies to the relevant District Court clerk to the extent of the amount outstanding to the applicant on foot of the order referred to in subsection (1) and which is specified in the order together with the costs of the application under this section,
(c) where the Judge is satisfied that it would be effective to do so, an order that the amounts outstanding to the applicant referred to in subsection (1) be levied by distress against the goods of the defaulter and the sale of such goods and for the transmission to the relevant District Court clerk of the proceeds of sale after payment of all costs and expenses properly arising in connection with the levying of distress and the sale of the goods.
(3) Every distress and sale made in pursuance of an order of the District Court Judge under this section shall be carried out by the appropriate under-sheriff.
(4) All moneys received by the relevant District Court clerk shall be paid as soon as practicable after receipt to the applicant.
(5) In this section “relevant District Court clerk” means the District Court clerk for the District Court area in which the defaulter resides or carries on any profession, business or occupation, unless by virtue of any other enactment relating to the antecedent order concerned any other District Court clerk is the relevant District Court clerk as respects that antecedent order.]
Annotations:
Amendments:
F17
Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 63, commenced on enactment.
Modifications (not altering text):
C7
Reference to "applicant" in subs. (1) construed (25.11.2019) by European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019), reg. 14(9).
Enforcement in District Court of recognition order or declaration of enforceability
14. …
(8) Where any sum payable referred to in paragraph (7) is not duly paid -
(a) the Central Authority may apply, in writing, to the relevant district court clerk for the issue of a summons under section 8 (1) of the Act of 1940, or
(b) the Central Authority may, in writing, request the relevant district court clerk concerned to make an application to the District Court respecting that sum under section 10 of the Act of 1976.
(9) For the purposes of paragraph (8)(a), a reference to an applicant in section 8(1) of the Act of 1940 shall be construed as including a reference to the relevant district court clerk.
….
C8
Application of subs. (1) restricted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), ss. 62, 185, S.I. No. 648 of 2010.
Other remedies.
62.— (1) Where an attachment of earnings order has been made, any proceedings commenced under section 8 (1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.
(2) An attachment of earnings order ceases to have effect on the making of an order under section 8 (1) of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.
...
Other remedies.
185.— (1) Where an attachment of earnings order has been made, any proceedings commenced under subsection (1) of section 8 of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order lapses and any warrant or order issued or made under that subsection ceases to have effect.
(2) An attachment of earnings order ceases to have effect on the making of an order under section 8 of the Enforcement of Court Orders Act 1940 for the enforcement of the relevant antecedent order.
C9
Reference to "maintenance creditor" construed by Maintenance Act 1994 (28/1994), s. 4(2)(a) as substituted (10.03.2012) by Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (7/2012), s. 2(b), commenced on enactment.
Central Authority.
4.— ...
(2) [(a) For the purposes of section 8 of the Enforcement of Court Orders Act 1940 (as amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011 ), the Acts of 1976, 1995, 1996 and 1998, the Brussels I Regulation, and the 2007 Lugano Convention, the Central Authority shall have authority to act on behalf of a maintenance creditor or of a claimant (as defined in section 13(1)), and references therein to a maintenance creditor or to such a claimant shall be construed as including references to that Authority.
(aa) In paragraph (a) ‘maintenance creditor’ means, in the context of the Brussels I Regulation or the 2007 Lugano Convention, a maintenance creditor referred to in Article 5(2) of that Regulation or Article 5(2) of that Convention.]
(b) Where the Central Authority so acts, payments of maintenance shall be made directly to the maintenance creditor or claimant unless the Central Authority requests that they be made to a public authority in the jurisdiction where the maintanance creditor or claimant resides.
C10
Application of subs. (1) restricted (6.05.1976) by Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976), s. 19, in effect as per s. 2.
Provisions in relation to alternative remedies.
19.—(1) Where an attachment of earnings order has been made, any proceedings commenced under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order shall lapse and any warrant or order issued or made under that section in any such proceedings shall cease to have effect.
(2) An attachment of earnings order shall cease to have effect upon the making of an order under section 8 (1) of the Enforcement of Court Orders Act, 1940, for the enforcement of the relevant antecedent order.
C11
Application of section restricted by Defence Act 1954 (18/1954), s. 107(2), as substituted (24.06.1987) by Defence (Amendment) Act 1987 (8/1987), s. 10, commenced on enactment.
Exemption of men from civil process.
[1.— ...
(2) An order shall not be made under section 6 of the Debtors Act (Ireland), 1872, or under section 6 of the Enforcement of Court Orders Act, 1940, directing the imprisonment of any person—
(a) who is a man of the Permanent Defence Force on active service, or
(b) who is a reservist and is for the time being called out on permanent service.]
Editorial Notes:
E12
Previous affecting provision: application of subs. (7) to certain proceedings restricted (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 8(2), in effect as per reg. 1(2); reg. 8 no longer applicable as substituted (29.11.2011) by European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011), reg. 5; section also substituted as per F-note above.
E13
Previous affecting provision: reference to "applicant" construed in certain circumstances (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(10), in effect as per reg. 1(2); section substituted as per F-note above.
E14
Previous affecting provision: application of subs. (7) to certain proceedings restricted (18.06.2011) by European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011), reg. 10(12), in effect as per reg. 1(2); reg. 10(12) deleted (29.11.2011) by European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011), reg. 7(b); section also substituted as per F-note above.
E15
Previous affecting provision: reference to "order" in subs. (1) and (7) construed (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 65, S.I. No. 648 of 2010; section substituted as per F-note above.
E16
Previous affecting provision: subss. (1), (2)(d), (3), (5) amended (14.07.2009) by Enforcement Of Court Orders (Amendment) Act 2009 (21/2009), s. 2(2)(a)-(c), commenced on enactment; section substituted as per F-note above.
E17
Previous affecting provision: reference to "applicant" construed in certain circumstances (1.03.2002) by European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(11), in effect as per reg. 2; revoked (10.01.2015) by European Union (Civil and Commercial Judgments) Regulations 2015 (S.I. No. 6 of 2015), reg. 14, in effect as per reg. 2, subject to transitional provisions in reg. 13.
E18
Previous affecting provision: application of subs. (7) to certain proceedings restricted (1.03.2002) by European Communities (Civil and Commercial Judgments) Regulations 2002 (S.I. No. 52 of 2002), reg. 6(13), in effect as per reg. 2; section substituted as per F-note above and instrument revoked (10.01.2015) by European Union (Civil and Commercial Judgments) Regulations 2015 (S.I. No. 6 of 2015), reg. 14, in effect as per reg. 2, subject to transitional provisions in reg. 13.
E19
Previous affecting provision: reference to "applicant" construed in certain circumstances (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 9(10), S.I. No. 353 of 1999; section substituted as per F-note above.
E20
Previous affecting provision: application of subs. (7) to certain proceedings restricted (1.12.1999) by Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998), s. 9(12), S.I. No. 353 of 1999; section substituted as per F-note above.
E21
Previous affecting provision: reference to "order" in subss. (1), (7) construed (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 30, commenced as per s. 1(2); section substituted as per F-note above.
E22
Previous affecting provision: reference to "order" in subss. (1), (7) construed (1.08.1996) by Family Law Act 1995 (26/1995), s. 22, S.I. No. 46 of 1996; section substituted as per F-note above.
E23
Previous affecting provision: reference to "order" in subss. (1), (7) construed (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 28, commenced as per s. 46(2); section substituted as per F-note above.
E24
Previous affecting provision: reference to "applicant" construed in certain circumstances (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(7)(b), S.I. No. 91 of 1988; as substituted (25.11.1995) by Maintenance Act 1994 (28/1994), s. 11, S.I. No. 288 of 1995; section substituted as per F-note above.
E25
Previous affecting provision: reference to "applicant" construed in certain circumstances (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(7)(b), S.I. No. 91 of 1988, as amended (25.11.1995) by Maintenance Act 1994 (28/1994), s. 11, S.I. No. 288 of 1995; sectiion substituted as per F-note above.
E26
Previous affecting provision: application of subs. (7) to certain proceedings restricted (1.06.1988) by Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988), s. 7(8), S.I. No. 91 of 1988, as substituted (25.11.1995) by Maintenance Act 1994 (28/1994), s. 11, S.I. No. 288 of 1995; section substituted as per F-note above.
E27
Previous affecting provision: reference to "order" in subss. (1), (7) construed (12.07.1986) by Courts (No. 2) Act 1986 (26/1986), ss. 3(5), 5(4), commenced on enactment; section substituted as per F-note above.
E28
Previous affecting provision: reference to "order" in subss. (1) and (7) construed (6.05.1976) by Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976), s. 29, commenced as per s. 2; section substituted as per F-note above.
E29
Previous affecting provision: reference to "applicant" construed in certain circumstances (1.04.1975) by Maintenance Orders Act 1974 (16/1974), s. 14(8)(b), S.I. No. 23 of 1975, as amended (6.05.1976) by Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976), s. 9(8) and table, commenced as per s. 2; section substituted as per F-note above.