The Small Claims Court was set up as an alternative method of commencing and dealing with a civil proceeding in respect of a small claim, without the need for a solicitor. The aim of the Small Claims Court is to provide an inexpensive, fast and easy way for ‘consumers’ and ‘businesses’ to resolve disputes. The matter is dealt with in your local District Court office.
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. Furthermore, the claim cannot exceed €2,000.
The following claims can be dealt with under the Small Claims procedure:
- A claim for goods or services bought for private use from someone selling the in the course of a business. (Consumer claims)
- A claim for goods or services bought for business use from someone selling them in the course of a business. (Business claims)
- A claim for minor damage to property (but excluding personal injuries); and
- A claim for the non-return of a rent deposit for certain kinds of rented properties (excludes claims which are handled by the Private Residential Tenancies Board).
Claims cannot be made in the Small Claims Court for debts, personal injuries or breach of leasing or hire-purchase agreements.
The person against whom the claim is made will be given an opportunity to admit the claim, defend the claim and/or put in a counterclaim. Once everything is ready for Court you receive a letter from the Small Claims Office telling you the date and time of the court hearing and the location of the court itself.
If you need any advice get in touch with us and call FMB on 01 645 2002.
Sign up for our quarterly Newsletter and keep up-to-date with FMB news on business, finance and more.