How to apply to the small claims procedure
How to use the small claims procedure
You can apply to use the small claims procedure online or at the relevant District Court office, either in person or by post. Courts.ie have information for how to apply for the small claims procedure – Courts.ie – Apply for a small claim. There is an application fee of €25 to use the small claims procedure.
The courts service provides a guide for how to prepare your application and what you need to include – Courts.ie Small claims.
Who should I claim against when using the small claims procedure?
It is important to fill in the correct name and address of the business in your small claims application form. Some businesses have more than one address and could operate under a ‘registered business name’ (also known as a trading name) that is different from the registered company name.
You can search on the Company Registration Office (CRO) website for the business details. Contact the CRO if you need more information on finding the correct business details.
How does the small claims procedure work?
Who is the ‘applicant’ and the ‘respondent’ in a small claims procedure?
When you make a claim through the small claims procedure, you are known as the ‘applicant’. The business you are claiming against is known as the ‘respondent’.
What happens after you apply to the small claims procedure?
A registrar of the court will check your application to see if it is suitable for the small claims procedure. If the registrar approves your application for the small claims procedure, they will send the details of your complaint to the respondent (the business you are claiming against). This is called ‘service’. Claims are usually served by registered post so there is clear evidence of efforts to contact the business.
What happens when your small claim is successfully received by the business you are claiming against?
When your small claim is served successfully, the business has 15 days to reply. They can decide to take one of four actions:
- Not respond to your claim
- Accept liability for your claim
- Dispute your claim
- Dispute your claim and make a claim against you (a counterclaim)
What if the business you are claiming against does not respond to your small claims application?
If the business does not respond to your claim within 15 days and the small claims office has confirmed that they signed for your claim when served by registered post, you can get a judgment without their reply. This is known as a ‘summary judgment’.
You will be asked to sign and swear a document called an Affidavit of Debt and return it to the small claims registrar within 30 days. When they receive it, the court registrar will inform the respondent of the summary judgment and give them 14 days to pay the amount of the claim.
You can find out more about what happens if there is no response to your claim or to the summary judgment from the courts service website.
What happens if the business accepts your small claim?
If the business accepts your claim, they will fill out a Notice of Acceptance of Liability Form and send it to the court registrar. The court registrar will send the notice to you and tell you what has been arranged with the business to meet your claim - for example, a repair or replacement of the goods or service or payment in full or by instalment.
You can get more information about when a respondent accepts liability on the Courts Service website.
What if the business disputes your small claim or claims against you?
If the business disputes your claim or makes a claim against you, they must fill in a Notice of Dispute form and return it to the small claims registrar. The registrar will then speak to you and the business to try to resolve the claim and avoid going to court.
If you disagree with a counterclaim from the business, you should send your reasons to the registrar in writing (letter or email). If you and the business can then resolve the claim, you will agree a settlement and the registrar will mark your claim as closed.
The Courts Service website has more information on what happens when a respondent disputes your claim or makes a counterclaim.
