Insolvency and debt recovery solicitors in Waterford

Practical legal advice on debt, insolvency and enforcement

At Peter O’Connor & Son LLP, we provide clear and practical legal advice on insolvency and debt recovery matters to individuals, businesses, creditors, debtors, directors, shareholders and organisations in Waterford and the wider south east.

Debt and insolvency issues can place serious pressure on a person, business or organisation. Whether you are owed money, facing a demand for payment, dealing with company financial difficulty or considering enforcement options after judgment, we help you understand your legal position and the steps available.

We aim to provide advice that is direct, practical and commercially realistic. Our role is to explain the process clearly, assess the risks and help you decide on the most appropriate course of action.

Debt recovery and creditor remedies

We advise clients on recovering unpaid debts in a structured and legally appropriate way. This may involve early correspondence, negotiation, alternative dispute resolution, court proceedings or enforcement after judgment.

We can assist with:

• Summary debt recovery

• Creditor’s remedies

• Alternative dispute resolution

• Litigation

• Judgment applications

• Execution of judgments

• Orders of fieri facias

• Judgment mortgages

• Freezing assets

• Set-off

• Retention of title

• Secured creditors

• Unsecured creditors

• Seizure by the Sheriff

• Trust property

• Bailment

Where a court judgment has been obtained, enforcement may still be required. The Courts Service explains that the form of enforcement order depends on the court involved, including a Summary Decree in the District Court, an Execution Order Against Goods in the Circuit Court and an Order of Fieri Facias in the High Court.

Insolvency advice for individuals and businesses

We advise on insolvency issues affecting both individuals and companies. Insolvency can involve urgent decisions about assets, liabilities, creditors, directors’ duties, employees and business continuity.

Our insolvency services include advice on:

• Bankruptcy
• Company insolvency
• Liquidation
• Receivership
• Examinership
• Schemes of arrangement
• Winding up
• Directors’ liability
• Reckless trading
• Fraudulent preference
• Preferential creditors
• Employees and insolvency
• Shareholders’ liability
• Fixed charges
• Floating charges
• Pledges
• Forfeiture

For individuals, the Insolvency Service of Ireland provides information on formal debt solutions including Debt Relief Notices, Debt Settlement Arrangements and Personal Insolvency Arrangements. We can help clients understand the legal issues that may arise and advise on the appropriate next steps.

Advice for directors, shareholders and companies

Company financial difficulty can raise important questions for directors and shareholders. Decisions made during this period may have legal consequences, particularly where creditors, employees, secured lending or company assets are involved.

We advise on issues such as directors’ duties, shareholder liability, secured and unsecured creditors, preferential creditors, receivership, liquidation and the legal implications of continuing to trade when a company is under financial pressure.

Early legal advice can help clarify the position and reduce the risk of avoidable disputes or personal exposure.

Enforcement, negotiation and dispute resolution

Not every debt matter should proceed immediately to court. In some cases, negotiation or alternative dispute resolution may be the most practical route. In others, formal proceedings or enforcement steps may be necessary.

We consider the facts, the amount involved, the debtor’s position, the available evidence and the likely cost of recovery. This allows us to advise on a course of action that is proportionate and realistic.

Contact our insolvency and debt recovery solicitors in Waterford

If you need advice on an unpaid debt, insolvency issue, judgment enforcement, bankruptcy, company financial difficulty, liquidation or creditor remedy, contact Peter O’Connor & Son LLP.

We provide practical insolvency and debt recovery legal advice to clients in Waterford and across the wider south east.