General

This Precedent and its accompanying drafting notes are for use where your client is seeking payment of a straightforward contractual debt and interest in respect of a debt claim.

A debt arises where party A (the debtor) is under a contractual obligation to pay an agreed sum to another, party B (the creditor). The classic example is a simple contractual debt arising under a contract for the sale of goods where, for example, the debtor agrees to pay the creditor €50 upon delivery of goods on a certain date. Once delivery takes place in accordance with the agreement, the sum of €50 becomes due and this sum is a debt payable by the debtor to the creditor.

Depending on the court in which the matter may proceed, you may also need to refer to additional provisions and wish to adapt this Precedent accordingly. See:

1. •

   Ireland—Starting and responding to an action—overview

2. •

   Practice Note: Ireland—Commercial Court—Rules and Procedures

You may additionally wish to be aware of other procedures which may be available for recovery of the debt due, for