Small Claims FAQ

Application


What type of case is dealt with in the Small Claims court?

    1) a claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claim).  2) a claim in respect of minor damage to property (but excluding personal injuries).  3) a claim in respect of the non-return of rent deposit in relation to a holiday premises (actions relating to rent deposits for place of residence must be brought to the Private Residential Tenancies Board - www.prtb.ie)

Are there any types of claims not included in the Small Claims procedure? 

    a) a hire-purchase agreement b) a breach of leasing agreement c) debts d) personal injuries

Is there a limit to the amount I can claim in the Small Claims court?  

    A claim must not exceed €2,000.00.

If my claim is over €2,000.00, what do I do?  

    If your claim exceeds €2,000.00, you should seek legal advice or review the Court Rules to determine the correct Civil Court (District or Circuit) for your claim.

What information do I need to have on hand before I commence my small claim case / register?  

    1) Credit/Debit Card  2) Email Address to which you have access to create your official Court Service online account 3) Claimant Details including Daytime Phone number (For claims with more than one claimant, all communications will be addressed to the first claimant only) 4) Respondent details (please consult the CRO website (www.cro.ie) to confirm whether or not the Respondent is a Business and to ensure you have the correct registered business name and CRO number.  Note: If you sue a Company under its incorrect registered name, any order obtained may be unenforceable.

Can I engage a Solicitor for a Small Claims?  

    You may engage a solicitor at your own cost. The respondent may do likewise. The whole point of this procedure is that you can bring a claim without using a solicitor. If you do engage one, you will have to meet his/her costs even if you win your case.  If you do use a solicitor, all correspondence will be sent to him/her only,

How do I know which office to send my claim to?  
   
    You must send your Small Claims application to the District Court Office covering: a) Where the respondent resides / carried on business OR b) Where the contract was made OR c) In case of         damage to property, where the damage took place

Where do I find the list of District Court Offices? 

    A list of offices can be found on the Court Service website (www.courts.ie) in the Small Claims section.

I am under 18 years of age, can I proceed with a small claims?  

Persons who take legal proceedings must, in general be aged 18 years or over. If a Claimant is under 18 years of age (a minor), then a Guardian must be nominated for the purposes of taking the      action on behalf of that Claimant. This Guardian will usually be the nearest relation (e.g. parent) of the minor.   In cases where there is a minor, all written correspondence will be addressed to teh Guardian and emails will be sent to the e-mail address specified for the Guardian

What if I choose the incorrect Court Area?  

    The office you send it to will reassign the case to the correct Court Office and they will make the decision on your application.

How do I create an acccount?

See Account Registration

How do I view and manage my personal data?  

    You can view all your case details every time you log into your account.

Can I create an account and enter the details at a later date?  

    Yes, you can create and account and return to create a case at a later stage.

How long before I expect a reply from the Courts Service?    .

  Submitting an online claim does not imply that it is a valid claim. Your application will be reviewed by the Small Claims Registrar and you will be notified via email in due course of his/her decision usually within five days.

At what point can I edit my case details?  

    You can NOT edit your details once the case has been approved.

How much information is necessary / required in relation to the Claim Details? 

    Details should be brief and contain essential facts only

There is a red flag appearing on the screen beside my case status, what does this mean?  

    This alert flag denotes that there is an action pending which you must carry out - e.g Proceed & pay small claims fee and Initiate the case, so the Courts can process the necessary documents.

When do I pay for my case?
   
Once your case has been approved by the Courts Service, you will be notified and must then pay the appropriate fee via credit / debit card and initiate the case.

When will I get my case number?

    A case will only receive a Case Number when the case is initiated by you.  You can only initiate the case when you have received approval by the appropriate Small Claims Registrar and you have paid the Small Claims Fee (€25.00)

What does my Case Number mean?   

The Case Number format is based on the ECLI (European Case Law Identifier) and identify’s the Jurisdiction (D): Case Type (SC), Court Area (DUBL), Year (2013), System Generated Case Number (000149).


Can I make a European Small Claim application?  

    No, currently, you can not make a European Small Claim application on-line on this current system.

Who can I contact if I have a query about my Small Claims case?  
    You contact the relevant Small Claims Registrar in the District Court Office where your case is been dealt with.

What does each status of my case mean?  

    Preparing:     This case is NOT initiated, it may continue to be edited and may be deleted from records after a specified duration of inactivity.
    Active:         The case has been initiated and has an offical Courts Service record number.  It may no longer be edited by any external case                             parties.
    Hearing:        The case is in the hearing and judgment phase.  This means it has either a hearing or judgment recorded and has not yet been                         completed.
    Completed:  The case is completed.  This may be due to the hearing and judgment phase been completed or the case was settled otherwise.
    Rejected:     The case has been rejected by the Small Claims Registrar as an invalid Small Claim (it may however be a valid claim as another                         type of court case

Small Claims FAQ

Hearing

What if the respondent fails to respond to my claim?   

If the respondent fails to respond to the claim within XX days / weeks , the Small Claims Registrar may there and then fix a date, time and location for a hearing of the claim before a Judge of the District Court.  The date and time of the hearing and the address of the Courthouse will be sent to both parties by post.

What if the Small Claims Registrar fails to resolve the claim?   

If the Small Claims Registrar is unable to bring about a settlement he/she will bring the case to the District Court for, if requested to do so, for a hearing before a District Court judge.

The meeting will be informal and private.  The Small Claims Registrar will probably ask you and the respondent to outline the facts.  He/she may question both parties in an effort to clarify the issues.  If an agreement cannot be reached the Small Claims Registrar may there and then fix a date, time and location for a hearing of the claim before a Judge of the District Court.  The date and time of the hearing and the address of the Courthouse will be sent to both parties by post.

Do I have to attend the Court Hearing?   

You must attend the District Court hearing.  NOTE: The Court environment is formal.  If you are not familiar with the court process, you should familarise yourself with the layout, court practice and the operation of the court in advance of the hearing.

Do I have to bring any documentation to Court on the day?   

Yes, on the court day remember to bring with you documentary evidence supporting your claim, e.g example letters, receipts, invoices etc

Will the court case be heard in open Court?   

The case will be heard in public as part of a normal sitting of the District Court.  The Judge may require the Small Claims Registrar to assist the court at the hearing.

Will I be asked to provide oral evidence in court?   

Evidence must be given under oath or affirmation and the respondent can question you on matters relating to your claim (called cross-examination).  The Respondent will also be given an opportunity to give evidence.  Each witness can be subject to cross examination by the opposing party or their legal representatives.

Can I engage a Solicitor to represent me in court?   

You may engage a solicitor at your own cost.  The respondent may do likewise.  The whole point of this Small Claims procedure is that you can bring a claim without using a solicitor.  If you do engage then you will have to meet his / her costs even if you win your case.

Can I engage a Witness to support my claim?   

You can bring a witness, but if expenses are incurred you will have to pay those yourself.  If you think it necessary, in your own interest, to have an expert's report you will have to pay for this.  Expert reports and witness expenses must be paid for by you.  Likewise, if the respondent calls experts or witnesses he / she will be liable for their costs, if any.

What if a witness does not agree to attend?   

The Small Claims Registrar will, if you request and pay the small requisite fee, prepare and issue a witness summons on your behalf requiring a witness to attend the hearing.  The Small Claims Registrar will arrange service of the summons.  You will be obliged to pay for any financial loss incurred by the witness in atteding court, if claimed.

What if the matter is decided in my favour?   

If the matter is resolved in your favour, the respondent will be notified of the court's decision a few days after the hearing and will be allowed approximately 4 weeks to pay the amount awarded by the court.

What if the respondent fails to pay?   

If the respondent does not pay, you can apply to the Small Claims Registrar to have the order of the court sent to you for execution by the sheriff.

Can I appeal the decision of the District Court?   

Both the claimant and the respondent have the right to appear an order of the District Court to the Circuit Court.  Costs may be awarded by the Circuit Court but that is a matter for the individual Circuit Court Judge to decide.  There will be a fee payable to the sheriff, which will be refunded to you if the Sheriff succeeds in executing the Court Order (which is also referred to as a 'Decree').  The execution of the Court Order is then a matter for the Sheriff who will notify the Claimant.  Information and assistance on enforcement procedures are availabel from the Small Claims Registrar.  For various reasons the Sheriff may not always be successful in the execution of Court Orders.