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Debt Management and Debt Enforcement - Law Reform Commission

Debt Management and Debt Enforcement - Law Reform Commission

Problems with individual

Problems with individual enforcement mechanisms • Instalment Orders: – Instalment orders made without an examination of means – The role of imprisonment in debt enforcement • Garnishee Orders and Equitable Execution – Insufficient information available about debtors’ assets – Not applicable to future earnings – no attachment of earnings – Outmoded terminology

Provisional Recommendations for Reform • A centralised enforcement system under a dedicated Enforcement Office: – Separate judgment from enforcement: enforcement should not be “automatic”. – Obtain information (at an early stage) about the debtor’s means and assets – Increased efficiency and consistency through specialisation and the supervision and prioritisation of enforcement.

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