The small claims procedure explained
What is the small claims procedure?
Sometimes you may still have an issue with products or services you paid for even after trying to resolve it with the business. The small claims procedure is a way for you to get your consumer rights issue assessed legally if you have not been able to resolve it.
The small claims procedure is sometimes referred to as “the small claims court”. However, cases are usually resolved without going to court.
If the business is based in Ireland, you can apply to use the small claims procedure to resolve certain types of disputes. If they are based in another EU country, you can use the European small claims procedure.
What type of issues can you use the small claims procedure for?
The small claims procedure covers claims for:
- goods or services
- deposits paid for rental agreements for holiday homes or a home also occupied by the landlord
- minor damage to property
The small claims procedure does not allow claims for:
- debts
- personal injuries
- disputes about leases or hire purchase agreements
- disputes about ongoing tenancies (these are handled by the Residential Tenancies Board)
How much can you claim with the small claims procedure?
The small claims procedure is intended for claims of up to €2,000, even if you paid more than this for the good or service. For example, you can make a small claim if you paid €3,000 for something, but €2,000 is the most you can get back if your claim is successful.
You can only claim for costs related to the good or service. You cannot claim for any costs of using the small claims process, for example the application fee, any professional fees for expert reports or any time off work or transport costs if your case needs to go to court.
