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What is the
Small Claims Court?
[back]
Update: November 11th, 2006 - The
Small Claims Court is now available online.
Click here to find out more.
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The Small Claims Court system is a fast and
easy way for consumers to seek to work out disputes without the
need to employ a solicitor. The Small Claims Court is a service
of your local District Court office. |
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The Small Claims Court system is also an
inexpensive process if you have a valid and documented complaint
about a retailer or service provider with who you have a problem
and where you both cannot come to an agreement amicably. |
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To lodge a claim with the Small Claims Court
costs you €15 (non-refundable). You also do not need a solicitor.
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The Small Claims Court is designed to deal
with consumer claims of up to €2000. |
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Your key contact at the Small Claims Court
will be the Claims Registrar. They will help you complete the
application form, and will initially be responsible as a type of
mediator to attempt to settle the dispute without going to
court. If he cannot do this, the matter will be brought before
the court. |
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You are qualified to use the Small Claims
Court if you have bought goods or services for personal purposes
from a business, or someone selling such goods or services in
the course of their business. |
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You can make a claim for faulty goods, or bad
workmanship. You can also claim for minor damage to property and
for the non-return of rent deposits. |
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You cannot make claims for the repayment of
debts or make personal injuries claims.
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The Small Claims Court process will normally
follow a set number of steps. We will provide a summary here, but
a more detailed explanation is available in the Small Claims Court
Handbook published by the European Consumer Centre in Dublin.
(Click here to download this Handbook).
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You, the claimant, fills in the necessary
documentation to make your claim. You send this to the Claims
Registrar at your local District Court office. |
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The Claims Registrar registers the claim and
notifies the business or person that you are making the claim
against. |
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Whomever you are claiming against has 15 days
in which to respond. Their options now are that they can admit
the claim, dispute it, make a counterclaim, or simply ignore the
claim altogether. |
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If they admit the claim, they can either
agree to pay the amount claimed, they can agree to pay whatever
may be judged in the Small Claims Court Office within 28 days,
or they can request to pay in instalments. |
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If they dispute the claim, the Claims
Registrar will attempt to settle the dispute between the parties
first, otherwise the matter will be brought forward for a court
hearing. |
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If they decide to make a counterclaim, they
will dispute the claim as above, and lodge their own claim with
the Registrar in the same manner. There will therefore be two
disputes running in parallel for the Registrar to treat
according to this process. |
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If they do not respond, it is held that they
have admitted the claim and things proceed as if they had
consented to the judgment as per above. The business or
individual will then have 28 days to comply with this judgment.
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What to do next?
If you think the Small Claims Court is going to be useful to you
in resolving a consumer issue that you may have,
then you can download the application form for the Small Claims
Court by clicking here.
You can also get a form at your local District Court office where
there is likely to be someone available to help you fill it in –
the Claims Registrar.
A listing of the local District Court offices in Ireland is
available by clicking here.
And Remember
It has frequently been pointed out that many claimants at the
Small Claims Court have never taken legal action before and so are
in general unfamiliar with legal proceedings. Feedback from
clients of the European Consumers Centre Litigation Advice Service
suggests that claimants do however find the Small Claims Court
process very beneficial and reassuring.
Please read our Legal Disclaimer by
clicking here. |
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