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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.

 

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.
 

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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