Small Claims
Procedure
The Small Claims procedure is an
alternative method of commencing and dealing with a civil proceeding in
respect of a small claim and is provided for under the District Court
(Small Claims Procedure) Rules, 1997 & 1999 as amended by Statutory
Instrument No. 519 of 2009, Order 53A.
It is a service provided by
District Court offices and is designed to handle consumer claims and
business claims cheaply without involving a solicitor, provided that the claim does not
exceed €2,000.00 in each case.
To be eligible to use the
procedure, you, the 'consumer' must have bought the goods or services
(or the service) for private use from someone selling them in the
course of business. As a 'business' you must have bought the
goods or services (or the service) for use in business from someone
selling them in the course of business.
The District Court Clerk, called
the Small Claims Registrar, processes small claims.
Where possible, the registrar will
negotiate a settlement without the need for a court hearing. If the
matter cannot be settled the registrar will bring your claim before the
District Court.
The small
claims
procedure is limited to:
a claim in
respect of goods or services bought for private use from someone
selling them in the course of a business (consumer claim).
a claim in respect of minor damage to property (but
excluding personal injuries).
a claim in respect of the non-return of a rent
deposit in relation to a holiday premises (actions relating to rent
deposits for places of residence must be brought to
the Private Residential Tenancies Board.)
Provided that the claim does not
exceed €2,000.00 in each case.
Type
of claims dealt with
(a) a claim for goods or
services bought for private use from someone selling them in the course
of a business (consumer claims)
(b) a claim for goods or services
bought for business use from someone selling them in the course of a
business (business claims)
(c) a claim for minor damage to
property (but excluding personal injuries)
(d) a claim for the non-return of a
rent deposit for certain kinds of rented properties. For example, a
holiday home or a room / flat in a premises where the owner also lives
provided that a claim does not exceed €2,000.
Claims in respect of other matters
relating to rented accommodation must be brought to: Private
Residential Tenancies Board, 2nd Floor, O'Connell Bridge House, D'Olier
Street, Dublin 2. Website: www.prtb.ie
Excluded from
the small claims procedure are claims arising from:
(a) a hire-purchase agreement
(b) a breach of a leasing agreement
(c) debts
A
word of warning
Deciding on whether or not
to make a claim is a matter for yourself and only you can be the judge
of that.
In making a claim you must be sure
of the name and address of the person or company against whom you want
to make a claim. These details must be accurate in order to enable the
Sheriff to execute the Court Order (Decree).
When a Respondent is a company,
rather than an individual, it is important to ascertain the correct
title of the company. This may be obtained from the Companies
Registration Office, telephone no. 01- 804 5200/1, or Lo Call 1890 220
226.
Clarifying this may entail some
research on your part.
Remember, there is little
satisfaction to be gained from winning your case if the Respondent has
no money to pay a judgment debt.
Consider carefully before deciding
to make a small claim but remember that the procedure is there to help
you to make your small claim with a minimum of procedural red tape and
at little cost.