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Debt Management and Debt Enforcement - Law Reform Commission

Debt Management and Debt Enforcement - Law Reform Commission

Proportionate

Proportionate and Balanced Enforcement • How to choose the most appropriate method of enforcement in each case • Implications of McCann and proportionate enforcement. • First step: greater access to information about the debtor’s assets • Enforcement Office to choose proportionate and appropriate method of enforcement? • Enforcement Office to present a range of appropriate and proportionate methods of enforcement to the creditor?

Individual Enforcement Mechanisms • Instalment Orders: – Generally the least restrictive method of enforcement: should be first step in most cases – Need for greater efforts to facilitate consensual instalments – No instalment orders to be made in the absence of adequate information about the debtor’s means – Consolidation of multiple instalment orders? – Information on right to vary the instalment order

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