The Small Claims process

The Small Claims process is a relatively cheap, fast and easy way for consumers to resolve some types of dispute without having to use a solicitor.

If you have complained to the retailer or service provider and they won’t remedy the situation, then your last course of action is the Small Claims process.

The application fee is €25, and the service is provided in your local district court office.

Are you eligible?

You can use the Small Claims process if your claim is for €2,000 or less. Only certain claims can be brought using the small claims process. You can make a claim if you are:

A consumer, making a claim for goods or services bought for private use from someone selling them as part of a business
A business, making a claim for goods or services bought for business use from someone selling them as part of a business
Making a claim for minor damage to property
Making a claim if a rent deposit for certain kinds of rented properties has not been returned. For example, a holiday home or a room / flat in a premises where the owner also lives.

The claim cannot be one in relation to an agreement to which the Consumer Credit Act 1995 applies. The Consumer Credit Act applies to hire purchase agreements, loans and credit cards, for example.

The small claims process doesn't deal with debts, personal injuries or breaches of leasing agreements. It also does not deal with most claims that are about private rental properties - except those mention above. Claims about most private rented properties are handled by the Private Residential Tenancies Board.

Claims can be made for faulty goods, bad workmanship or minor damage to property, but before you make a claim, be sure to know your rights. On average, over half of all consumers whose complaints go before a hearing of the Small Claims process win their case.

The court officials settle many cases through negotiation, without the case having to be listed for court.

Since 1 January 2009 consumers can also use the Small Claims process in Ireland to make a claim against a business based elsewhere in the EU (except Denmark).

How to make a claim

You can lodge your claim online at Courts.ie, or download the application form for a Small Claim from the site. You give details of the claimant (you), the respondent (the business), the amount claimed and the details of your claim.

Remember, if the respondent is a company rather than a person, you should try to get the correct title of the company from the Companies Registration Office.

Complete the application and pay the €25 fee. You must take the case to the District Court of the district in which the contract was made.

What happens next

A District Court Clerk, called the Small Claims Registrar, will process your claim. The Registrar will inform the business about your claim. The business must then reply within15 days, otherwise the claim will be automatically treated as undisputed.

If the claim is undisputed, the District Court will then make an order in your favour (without you having to attend court) for the amount claimed, and direct that it be paid within a short specific period of time.

If the business does reply to your claim, it has various options, such as:

Admitting the claim and paying you immediately
Making payment conditional (for example, on you returning some faulty goods)
Asking to pay you the claimed amount in instalments
Disputing the claim or counterclaiming

Informal and private

Where possible, the Registrar will interview and negotiate with you and the respondent to try to reach an agreement without the need for a court hearing. If you are called to the Registrar's office, it's not like a big open court. The meeting will be informal and private, and you don't need to bring a solicitor - the whole point of this process is that you can bring a claim without using a solicitor.

The Registrar will probably ask you and the respondent to outline the facts, and ask you questions to clarify the issues.

If the matter still cannot be settled, the Registrar may there and then fix a time and date for a hearing of your claim before a judge of the District Court, if you so wish.

Claims against businesses in other EU countries

Consumers in Ireland are able to make cross-borders claims against businesses in other EU countries through the Small Claims process.

You can make claims of up to €2,000 against product and service providers in other EU states (except Denmark) through your local district court, even though the item was purchased in another EU country. It costs €25 to make a claim.