In order to solve disputes for consumers and businesses without the help of solicitors, the small claims procedure or small claims court provides a fast and inexpensive platform. The main components in this procedure are a claimant, one who makes a claim and respondent, person you are claiming against.
It is mandatory that the claimant and respondent must be residents of the same country. If any one party is a resident of another EU country, the European Small Claims Procedure should be followed. Local District Court Offices provides the small claims procedure. This is mainly used to solve consumer complaints and since 2010, businesses can claim against other businesses. A claim should not exceed a maximum of €2000 under Small Claims Procedure.
Types of Claims
The types of consumer claims which comes under the small claims procedure are:
- Faulty goods and bad service. The product should be bought from a seller for private purposes.
- A minor damage to your property also could be claimed.
- Non return of a rent deposit for holiday homes etc also comes under the claim.
Claims on contracts for goods and services can be made by businesses on other businesses. Certain exemptions are:
- Agreements to which Consumer Credit Act 1995 applies
- Breaches of leasing agreements.
- Liquidated damages and debts.
Procedure Summary
- The claimant should apply through the application form to the Small Claims Registrar either online or offline by paying a certain fee.
- The registrar sends a copy of the claim and Notice of Claim to the respondent.
- The respondent can either admit the claim, dispute the claim, counterclaim and can ignore the claim.
If the respondent admits the claim:
The respondent has to complete a Notice of Acceptance of Liability and return to the Registrar. 1)Respondent can agree to pay the amount claimed. Payments may be done through cheque, money order, postal order etc. If the payment is conditional, the registrar must seek claimant’s agreement too. 2) The respondent can also pay the claimant only after the district court asks them to do so. The claimant put forward an affidavit of debt and requests for a judgement. The registrar will assist the claimant and the respondent has 28 days to comply with judgement. 3) The respondent can pay the money in installments. The registrar has to contact the claimant and get the consent on the terms put forward.
If the respondent disputes the claim:
They have 15 days to reply and sends a Notice of Dispute to the registrar. A copy of the Notice of Dispute is send to the claimant and registrar tries to settle the dispute. If the dispute doesn’t settle down, the District Court will hear it deeply.
If the respondent counterclaims:
The respondent has to show their intention to counterclaim the Notice of Dispute and sends the fee needed. The claimant gets the copy of Notice of Dispute and Counterclaim from the registrar.
If the respondent doesn’t reply to the claim:
If the claim is not replied by the respondent in 15 days, the claim will be considered admitted by the respondent. The procedures will follow as in a consented judgement.
Need of Enforcing the judgement
If the respondent doesn’t cope with the judgement of the court, you need to enforce the judgement with the help of registrar or sheriff. You should give a small amount as fee and all information and assistance will be given by the Small Claims Registrar.
Court Hearing
If the District Court has taken your case for a hearing, you will receive a letter from District Court Office which explains about the time and date of hearing and the location of the court too. The hearing will be public and you can get legal advice too.
€25 is the current fee for claiming through small claims procedure. You can pay by cash, cheque, money order or postal order and online.
Procedures to Apply
Courts service website gives you ample information and guidance on how the system works. Fill the application forms by providing complete and genuine information. It is important so that small claims registrar can process your claim and it also helps in gaining a judgement. You can also apply through courts services online and can check the status of your claim. You must have a valid email address and a credit or debit card