Debt Collection in Ireland: Your Rights, the 2026 Code and Statute-Barred Debt

Much of what is repeated online about debt collection in Ireland is out of date. The rules on how often a regulated lender may contact you changed on 24 March 2026, and private collection agencies have far fewer powers than most people assume.
This page sets out what a debt collector in Ireland may and may not do, when a debt becomes statute-barred, what happens if a creditor goes to court, and the routes out of unmanageable debt.
Information last verified on 20 July 2026. This page is general legal information for the Republic of Ireland, not legal advice.
What is a debt collector allowed to do in Ireland?
A debt collector is usually an ordinary commercial business, acting either for the original creditor or as the new owner of a debt the creditor has sold. It can write to you, telephone you within permitted hours, and ask you to pay. That is very nearly the whole of it.
What it cannot do is behave as though it were a court or a State enforcement officer. Irish law draws that line with three overlapping offences.
The criminal offence aimed squarely at debt demands
Section 11 of the Non-Fatal Offences Against the Person Act 1997 is headed 'Demands for payment of debt causing alarm, etc.' It is the provision most directly on point, and it is often missed because commentary reaches for the general harassment section instead.
Under section 11(1), a person who makes a demand for payment of a debt commits an offence if the demands, by reason of their frequency, are calculated to subject the debtor or a member of the debtor's family to alarm, distress or humiliation. The offence is also committed where the person falsely represents that criminal proceedings lie for non-payment, falsely represents that he or she is authorised in some official capacity to enforce payment, or utters a document falsely represented to have an official character.
Two points matter. First, section 11 binds anyone who makes the demand: the original creditor, an agency, or an individual acting for either. It does not depend on the collector being regulated. Second, the offence is summary only, and the penalty is a class C fine of not more than €2,500, following conversion of the original 1997 figure under the Fines Act 2010.
The false-authority limbs are the ones collectors trip over most often: a letter styled to look like a court document, or a caller claiming to be a Sheriff or an officer of the court, engages section 11 directly.
Harassment and stalking: section 10 was rebuilt in 2023
Section 10 of the same Act was substituted with effect from 1 November 2023 by section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2023, so any description written before that date should be treated with caution. Harassment now means persistently, without lawful authority or reasonable excuse, and intentionally or recklessly, either seriously interfering with another person's peace and privacy or causing alarm, distress or harm. Section 10(2) creates a separate stalking offence.

The qualifying acts listed in section 10(3) map uncomfortably well onto aggressive collection: pestering a person, communicating with or about a person, disclosing private information about a person to others, and loitering in the vicinity of a person. Telling a debtor's employer or neighbours about the debt sits squarely in that list.
The court may make a written no-contact or no-approach order in addition to, or instead of, any other penalty, and breaching it is itself an offence. On summary conviction the penalty is a class A fine of €5,000 and/or 12 months; on indictment, a fine and/or imprisonment for up to 10 years. The 7-year maximum still widely quoted online is out of date.
Aggressive commercial practices under the Consumer Protection Act 2007
Where the collector is a trader dealing with a consumer, the Consumer Protection Act 2007 adds a further layer. Under section 53(1) a practice is aggressive if, by harassment, coercion or undue influence, it would be likely both to cause significant impairment of the average consumer's freedom of choice or conduct in relation to the product concerned and to cause the average consumer to make a transactional decision that the consumer would not otherwise make. Both limbs must be met. The factors in section 53(3) read as a checklist of collection misconduct: the timing, location, nature or persistence of the practice; threatening or abusive language; exploitation of a consumer's misfortune where the trader knows the consumer's judgment is impaired; and threats to take action or initiate proceedings where the trader has no legal basis for doing so. Engaging in an aggressive practice is an offence under section 54, enforced by the Competition and Consumer Protection Commission.
| Consumer Protection Act 2007 offence | Fine | Imprisonment |
|---|---|---|
| Summary, first conviction | class B fine, up to €4,000 | up to 6 months |
| Summary, subsequent conviction | up to €5,000 | up to 12 months |
| On indictment, first conviction | up to €60,000 | up to 18 months |
| On indictment, subsequent conviction | up to €100,000 | up to 24 months |
The first summary conviction figure changed recently: section 79(1)(a) of the 2007 Act was substituted on 29 November 2022 by section 164(a) of the Consumer Rights Act 2022, replacing the original amount with a class B fine of up to €4,000, so the €3,000 figure still quoted online is out of date.
Threatening criminal proceedings over a purely civil debt is caught by both statutes at once: section 53(3)(e) of the 2007 Act and section 11(1)(b) of the 1997 Act.
Can a debt collector enter my home or take my things?
No private debt collector has any power of entry or seizure. That power exists, but it is conferred exclusively on a Sheriff or a County Registrar acting on a court order after judgment. Citizens Information describes execution against goods as a process in which the creditor obtains a court order directing the Sheriff or County Registrar to seize goods, and it is those officers who may go onto property to do so. Sheriffs operate in Cork and Dublin; County Registrars perform the function elsewhere. Revenue Sheriffs may collect tax debts without a court order.
A collector claiming a right to come in or to remove goods is not exercising a power it has, and depending on what is said that may itself be an offence under section 11(1)(c) or (d).
Who is regulated, and who is not?
Citizens Information states plainly that where creditors sell a debt to a private collection agency, such agencies are not subject to authorisation and supervision by the Central Bank.
Outsourced collection is captured indirectly. If a Central Bank-regulated lender outsources its collection activity, the agent acting on its behalf must meet the requirements of Irish financial services law, and the Central Bank can penalise the lender if it does not. The lender must also write to the borrower explaining that party's role.
Credit servicing firms are a different category and must be authorised under Part V of the Central Bank Act 1997 as amended, a regime extended to consumer-hire and hire-purchase from 16 May 2022. It is an offence to engage in credit servicing without authorisation, and any firm can be checked on the Central Bank registers.
How often can a lender contact me about arrears?
The Consumer Protection Code 2025, given effect by S.I. No. 81 of 2025, came into operation on 24 March 2026 after a 12-month implementation period. It replaced the Consumer Protection Code 2012, and the Code of Conduct on Mortgage Arrears no longer exists as a standalone code: those rules are now Part 3, Chapter 9 of the same instrument.

Regulation 279(1) provides that a regulated entity shall not, in any calendar month, initiate more than 3 unsolicited communications by way of telephone call to a personal consumer in respect of arrears. Regulation 279(2) excludes from that count unanswered calls, or an engaged tone where no voicemail could be left, communications the consumer requested or agreed to in advance, and communications made solely to comply with regulatory requirements.
That exclusion reverses the older gloss still circulating, which suggested that attempted but unsuccessful contacts counted towards the three. Under the 2025 Code they do not.
Personal visits about arrears are tightly controlled. Regulation 278(1) permits an unsolicited visit only once in any 6 month period, and only where other means of contact have been tried unsuccessfully. At least 5 working days' written notice is required, the visit must fall within a stated window of no more than 15 working days, and the consumer must be offered a local branch alternative and told that a third party may be present. Regulation 108(1) separately bans unsolicited personal visits to a consumer who is a natural person unless written consent was obtained in advance of each visit.
A Central Bank-regulated lender also cannot phone you about your loan without your agreement between 9pm and 9am Monday to Saturday, or at any time on a Sunday or public holiday.
When does a debt become statute-barred in Ireland?
Section 11(1)(a) of the Statute of Limitations 1957 provides that actions founded on simple contract shall not be brought after the expiration of six years from the date the cause of action accrued. That is the rule for ordinary consumer debt: credit cards, personal loans, catalogue accounts, overdrafts and utility bills.
Two things restart the six years. The first is acknowledgement. Under section 56(1), where the person liable acknowledges the debt, the right of action is deemed to have accrued on and not before the date of the acknowledgement. Crucially, section 58(1) requires every acknowledgement to be in writing and signed by the person making it, and section 58(2) requires it to be made to the creditor or the creditor's agent. A telephone conversation is not an acknowledgement in the statutory sense.
The second is part payment. Section 65(1) makes the right of action accrue on and not before the date of any payment made in respect of the debt, and section 65(2) provides that payment of interest, in whole or in part, is treated as a payment in respect of the principal debt. A single small payment, made in good faith to show willingness, can reset the whole period.
Be precise about what the limitation period does. It bars the action to recover the debt; it does not extinguish the debt, which may still be pursued informally and may still appear on credit records. That is the opposite of the position for land, where a 12-year period applies and section 24 of the same Act extinguishes title outright.
Can you be sent to prison for debt in Ireland?
The honest answer is more nuanced than the flat reassurance often given. Section 2 of the Enforcement of Court Orders (Amendment) Act 2009 substituted a new section 6 into the Enforcement of Court Orders Act 1940, and it is that section that governs. Where a debtor defaults on an instalment order, the creditor may apply to the District Court clerk for a summons while the order is in force or within 12 months after it ceases, and the summons must state the possibility of imprisonment.
The safeguard sits in the new section 6(8). A judge shall not make an imprisonment order unless satisfied beyond reasonable doubt, on the evidence presented, that the failure to pay is not due to mere inability to pay but is due to wilful refusal or culpable neglect, and that the debtor has no goods which could be taken in execution. That is the criminal standard of proof applied in a civil debt context.
Even then, section 6(7) gives the judge alternatives, including varying the instalment order or postponing execution on payment conditions. Any term of imprisonment cannot exceed 3 months, and payment of the accrued instalments and costs secures immediate release. The new section 6A adds a legal aid entitlement: where the debtor's means appear insufficient, the judge shall, on application, grant a debtor's legal aid certificate, and must explain this in ordinary language. If you receive an instalment-order summons, read our guidance on legal aid in Ireland first.
So the accurate formulation is this: imprisonment for inability to pay is gone; imprisonment for wilful refusal to obey a court instalment order survives, on the criminal standard, with a legal aid entitlement attached.
Formal routes out of unmanageable debt
Ireland's personal insolvency framework offers three statutory arrangements plus bankruptcy. The figures below are as published by Citizens Information, the statutory body that sets out the Personal Insolvency Act 2012 as amended in plain English; confirm current thresholds with an Approved Intermediary or a Personal Insolvency Practitioner before relying on them.

| Arrangement | Debts covered | Key thresholds (per Citizens Information) | Term |
|---|---|---|---|
| Debt Relief Notice (DRN) | Unsecured | Qualifying debt €35,000 or less; net disposable income €60 or less a month; assets €1,500 or less | 3 year supervision period |
| Debt Settlement Arrangement (DSA) | Unsecured, no cap | Creditors representing at least 65% of the total debt covered must vote in favour | Up to 5 years, extendable by 1 |
| Personal Insolvency Arrangement (PIA) | Secured and unsecured | Secured debt cap of €3 million, waivable if all secured creditors agree in writing | Up to 6 years, extendable by 1 |
| Bankruptcy | All | Debts must exceed €20,000 | Automatic discharge 1 year after adjudication |
A DRN must be applied for through an Approved Intermediary, and Citizens Information notes that all Money Advice and Budgeting Services are authorised as Approved Intermediaries. A DSA or PIA is arranged through a Personal Insolvency Practitioner. The PIA's headline feature is the court review: if a mortgage lender rejects the proposal, the debtor may seek a review and a judge may impose the original proposal on the creditors.
MABS is the free, confidential and independent State-funded money advice service, and it is the sensible first call rather than a paid intermediary. The MABS Helpline is 0818 07 2000. Where the problem is mortgage arrears on a home, the Abhaile scheme provides free vouchers for a Personal Insolvency Practitioner, an accountant and a consultation solicitor to borrowers who qualify.
If the dispute is about goods or services rather than an unpaid loan, see our guides to consumer refund rights and the Small Claims procedure. If arrears have put your tenancy at risk, the eviction rules guide explains the notice periods, and a full index of our Irish guides is at the Ireland law hub.
Frequently asked questions
This page is general information about the law of the Republic of Ireland and is not legal advice. Debt cases turn on the wording of your credit agreement, the dates involved and what has already been put in writing, so speak to MABS on 0818 07 2000, or to a solicitor before responding to court proceedings. Complaints about a Central Bank-regulated firm go to the Financial Services and Pensions Ombudsman; complaints about aggressive commercial practices go to the Competition and Consumer Protection Commission.
Frequently Asked Questions
Can a debt collector in Ireland come to my house?
A private debt collector has no legal power to enter your home or take anything from it. Only a Sheriff or County Registrar acting on a court order after judgment may enter property to seize goods. Since 24 March 2026, a Central Bank-regulated lender may make an unsolicited visit about arrears only once in any 6 month period, after other contact has failed, and with at least 5 working days' written notice.
How many times can a debt collector call me in a month?
Regulation 279 of the Consumer Protection Code 2025 limits a regulated entity to 3 unsolicited arrears telephone calls to a personal consumer in any calendar month. Unanswered calls, engaged tones where no voicemail could be left, and calls you asked for in advance do not count towards the three. Unregulated collection agencies are not bound by that Code, but the criminal law in section 11 of the 1997 Act still applies to them.
What happens if I ignore a debt for six years?
Under section 11(1)(a) of the Statute of Limitations 1957 the creditor is generally barred from bringing court proceedings on a simple contract debt six years after the cause of action accrued. The debt itself is not extinguished, so it can still be pursued informally and may still show on credit records. Making a part payment, or signing a written acknowledgement, restarts the six years from that date.
Does talking to a debt collector on the phone restart the six years?
No. Section 58(1) of the Statute of Limitations 1957 requires an acknowledgement to be in writing and signed by the person making it, so a phone call is not an acknowledgement. A part payment is a different matter: under section 65 any payment, including a payment of interest, restarts the limitation period.
Is a debt collection agency regulated by the Central Bank?
Usually not. Citizens Information states that agencies which buy debt from creditors are not subject to authorisation and supervision by the Central Bank. Where a regulated lender outsources collection instead, the agent must meet Irish financial services requirements and the Central Bank can penalise the lender. Credit servicing firms do require authorisation and can be checked on the Central Bank registers.
Can I go to prison for not paying a debt in Ireland?
Not for being unable to pay. Under section 6(8) of the Enforcement of Court Orders Act 1940, as substituted in 2009, a District Court judge may only imprison where it is proved beyond reasonable doubt that the failure to pay is due to wilful refusal or culpable neglect rather than inability, and that the debtor has no goods that could be taken in execution. The maximum is 3 months, and section 6A gives an entitlement to a debtor's legal aid certificate.
What is a Debt Settlement Arrangement?
A Debt Settlement Arrangement is a formal agreement to repay unsecured debts over a set period, arranged through a Personal Insolvency Practitioner. Citizens Information states there is no cap on the total amount, that the term is a maximum of 5 years extendable by up to 1 more, and that creditors representing at least 65% of the total debt covered must vote in favour. MABS can explain whether a DSA, a Debt Relief Notice or a Personal Insolvency Arrangement fits your circumstances.
Updates
Section 10 of the Non-Fatal Offences Against the Person Act 1997 was substituted by section 23 of the Criminal Justice (Miscellaneous Provisions) Act 2023, adding a separate stalking offence and raising the maximum on indictment to 10 years.
The Consumer Protection Code 2025 (S.I. No. 81 of 2025) came into operation, replacing the Consumer Protection Code 2012 and absorbing the Code of Conduct on Mortgage Arrears into Part 3, Chapter 9.
Sources and References
- Non-Fatal Offences Against the Person Act 1997, ss.10 and 11 (harassment; demands for payment of debt causing alarm) - Revised Acts(revisedacts.lawreform.ie).gov
- Statute of Limitations 1957, ss.11, 56, 58 and 65 - Revised Acts(revisedacts.lawreform.ie).gov
- Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025 (S.I. No. 81 of 2025)(irishstatutebook.ie).gov
- Central Bank of Ireland - Consumer Protection Code 2025(centralbank.ie).gov
- Citizens Information - Enforcement of debt judgments(citizensinformation.ie).gov
- Enforcement of Court Orders (Amendment) Act 2009(irishstatutebook.ie).gov
- Citizens Information - Debt Relief Notices(citizensinformation.ie).gov
- MABS - Your rights about how your creditors can demand repayment(mabs.ie).gov
- Consumer Protection Act 2007, ss.53, 54 and 79 (aggressive practices; penalties as substituted by the Consumer Rights Act 2022) - Revised Acts(revisedacts.lawreform.ie).gov
- Enforcement of Court Orders Act 1940, s.6 (as substituted in 2009) and s.6A - Revised Acts(revisedacts.lawreform.ie).gov