District Court judge John Neilan is urging people who find themselves in financial difficulty not to put their heads in the sand if faced with legal action. No court order will be made against those who cannot afford to pay, he said.
Speaking in Mullingar he said he was aware that “the court is a forum that a lot of people don’t want to come to”, but they need have nothing to fear if they present a true and accurate picture of their capacity to meet their debts.
He said people were not generally aware they can find comfort in the courts as long as they don’t put summonses and decrees into a drawer and leave them there.
He advised that debtors prepare a statement of means with appropriate vouching documents attached and appear in court to be questioned.
He said he was not being critical of MABS and similar organisations which can be very helpful in preparing statements, but the public must be aware that the court makes the final decision about instalment payments.
Judge Neilan said he appreciated it was difficult for people to come to court and “bare their souls, especially if their endeavours have failed because of the collapse of the economy or other reasons”.
“The court is here to serve with dignity and respect,” he said. “But those who don’t attend run a grave risk of prison.”
“It may not come as music to the ears of banks and creditors,” he said, but those who can show they can’t pay, won’t.
