The Small Claims Court
The Small Claims Court is a relatively cheap, fast and easy way for consumers to resolve some types of dispute without having to
use a solicitor.
The application fee is €15, and the service is provided in your local district court office.
The court officials settle many cases through negotiation, without the case having to be listed for court.
On average, over half of all consumers whose complaints go before a hearing of the Small Claims Court win their case:
- Some of the main complaints to the court are about package holidays, cars and electrical goods
- The court also used to handle claims over the non-return of rent deposits by landlords. This is now handled by the Private Residential Tenancies Board
The court doesn't deal with debts, personal injuries or breaches of leasing agreements.
Are you eligible?
To be eligible to use the Small Claims Court
- You have to be a consumer - i.e. you have to have bought goods or services for private use, and from someone selling them in the course of business. The procedure is not available for use by one business person against another, or if you received the goods or services as a gift
- The claim must be for a maximum of €2,000
Before making a claim, be sure to know your rights and check the relevant legislation, particularly the Sale of Goods and Supply of Services Act.
Claims can be made for faulty goods, bad workmanship or minor damage to property.
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
First you need to either lodge your claim online (see below) on the Courts.ie website, or download the application form for a Small Claim from the site. The form is a relatively simple, one-page document. It gives the details of the claimant (you), the respondent (the business), the amount claimed and the particulars of the claim.
You can download the form and complete it either by filling it out on screen and printing it, or by printing it and completing it by hand. The form is also available from your local district court office, where the staff can help you fill it in.
Remember that if the respondent is a company rather than an individual, you should try to find the correct title of the company - telephone the Companies Registration Office at 01- 8045200/1, or lo-call 1890 220 226.
Once you have completed the form, send it back with the €15 fee. You must take the case to the District Court of the district in which the contract was made.
A District Court Clerk, called the Small Claims Registrar, will process your claim. They or their staff will provide information and guidance to ensure your claim is appropriate to the small claims procedure.
What happens next
Once the Registrar has informed the business about your claim, it must reply to the claim within 15 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 (via the Register)
- Making payment conditional (for example, on you returning some faulty goods)
- Seeking to pay 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 procedure 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.
Cross-border disputes
Irish consumers are able to make cross-borders claims against businesses in other EU countries through the Small Claims Court, under new regulations that came into force on 1 January 2009.
The new rules mean consumers can make claims of up to €2,000 against product and service providers in other EU states (with the exception of Denmark) through their local district court. The procedure is intended to simplify the recovery of uncontested claims which arise in a cross-border context.
The new procedure does not replace the Irish small claims procedure and applies only to cross-border cases.
Under this regulation, consumers can bring a claim in the district court area where they usually live even though the item may have been purchased in another EU country.
It costs €15 to make a claim, which should be lodged with the small claims registrar of the local District Court and there is no need to hire a lawyer.
Learn more
Download our Small Claims Court booklet (PDF, 527 KB)
Gaeilge: Treoir faoin gCúirt Mhionéileamh (PDF, 903KB)
Download a Small Claims Court application form
Use the Courts.ie website to lodge a Small Claim online instead of going to a District Court
Find out more about the regulation on cross border disputes
Learn more about your consumer rights as a shopper
If you have a problem with your landlord over returning your rent deposit, check out the Private Residential Tenancies Board's disputes procedures