Fast and cheap legal solutions available in Small Claims Court

There is ceiling of €1,269.74 on awards by the court for claims including faulty goods, minor property damage and non-return of rent deposits.

The threat of legal action can get great results when you are involved in a consumer dispute but no-one wants to employ a solicitor over some damaged dry cleaning. The Small Claims Court is designed to provide a fast, inexpensive and easy way for consumers to resolve disputes without the need for legal representation.

Anyone who has purchased goods or services for private use from someone selling them in the course of business may take a Small Claims Court action. Personal transactions, such as buying goods through the small ads, fall outside the remit of the court. The procedure is open to consumer claims of up to €1,269.74. The court is a special element within the district court structure and is available throughout the State.

Consumers are advised to do their best to settle the dispute themselves before taking a claim to the Small Claims Court. But if you feel you have a legitimate problem and your complaints have been rejected or ignored, then taking an action is one sure way to get a result.

Claims can be made for faulty goods or bad workmanship. They can also be made for minor damage to property and for the non-return of rent deposits. Claims cannot be made for debts, personal injuries, hire-purchase goods or breach of leasing agreements.

The court handled more than 3,000 cases last year, with the largest category of disputes concerning holidays.

To make a claim, you must first complete the application form and send it to the Small Claims Court registrar at your local district court, with the €7 fee. The application is then registered and a copy of the claim and a Notice of Claim is sent by the registrar to the respondent.

At this stage, there are various choices available to the respondent. They can either admit the claim, dispute the claim or counterclaim. They must respond within 15 days. Of course, there will always be those who ignore the claim, although that too carries a cost.

Where the respondent admits the claim, he or she completes a Notice of Acceptance of Liability, and returns it to the registrar. At this point, the respondent can agree to pay the amount claimed immediately. Alternatively they can consent to judgment. That means the claimant will only be paid when judgment is made in the Small Claims Court Office. The respondent can also ask to pay the amount claimed in instalments.

If the respondent disputes the claim, they return to the registrar the Notice of Dispute. The registrar sends the claimant a copy of the Notice of Dispute and tries to settle the dispute. If no settlement can be reached, the matter is then set down for court hearing.

Alternatively, the respondent can outline their intention to counterclaim on the Notice of Dispute and send the appropriate fee to the Registrar. The Registrar sends the claimant a copy of the Notice of Dispute and Counterclaim.

Where there is no reply from the respondent, he or she is then held to have admitted the claim. The procedure is the same as if the respondent had consented to judgment. The claimant swears an Affidavit of Debt and makes a request for Judgment and Decree. The registrar will assist the claimant in this procedure.