Debt cases are within the remit of the Act and are not excluded unless they fall within the jurisdiction of the District Court Small Claims procedure.
Applications for legal aid in relation to such cases are subject to the means and merits test set out in sections 24 and 28(2) of the Act. The likelihood of not being granted a legal aid certificate for court proceedings is not a basis for declining to grant legal advice about the matter. However, legal aid will not generally be granted where the Plaintiff is seeking judgement for a liquidated sum and the Defendant (being the legally advised person) accepts that the sum is owed.
Persons with general debt / financial management issues should be referred to the local Money Advice and Budgeting Service (MABS) office for assistance. We should give out general advice to clients about the regimes that are available on foot of the insolvency legislation however solicitors should not act as personal insolvency practitioners.