Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Small claims court - Can a business take another business to court?

Options
  • 05-07-2011 10:53am
    #1
    whats going on at all
    Closed Accounts Posts: 15 ✭


    A business I worked for and invoiced for services is ignoring my phone calls and emails etc.

    Its 60+ days now and Ive no choice but to seek legal recourse

    Is the small claims court the place for me?
    Whats the max amount?

    Thanks


Comments

  • Options
    #2
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Yes, a business can take another business to the small claims court - "With effect from 11 January 2010, the District Court Small Claims Procedure was extended to cover claims by one business against another by Statutory Instrument No. 519 of 2009"

    http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/37871905AEE98CAE8025715C0051B827?opendocument&l=en


  • Options
    #3
    drunkmonkey
    Registered Users Posts: 28,118 ✭✭✭✭drunkmonkey


    Is it the same as consumer, max of €2k?


  • Options
    #4
    whats going on at all
    Closed Accounts Posts: 15 ✭whats going on at all


    Paulw wrote: »
    Yes, a business can take another business to the small claims court - "With effect from 11 January 2010, the District Court Small Claims Procedure was extended to cover claims by one business against another by Statutory Instrument No. 519 of 2009"

    http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/37871905AEE98CAE8025715C0051B827?opendocument&l=en

    I have unpaid invoices that amount to less than 4K. Is that amount ok?


  • Options
    #5
    Paulw
    Moderators, Society & Culture Moderators Posts: 13,381 Mod ✭✭✭✭Paulw


    Small Claims court is only for "small claims" worth up to €2,000.

    http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html


  • Options
    #6
    spoonface
    Registered Users Posts: 339 ✭✭spoonface


    Paulw wrote: »
    Small Claims court is only for "small claims" worth up to €2,000.

    http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

    Well since you have a number of invoices, maybe take just some of them, to the value of almost 2K to the small claims court. Get paid on them and sure you can always go back for the rest later.

    Before you go down that route, have you tried just pitching up un-announced at their premises? Or sitting outside in a car until your contact comes out and confront them unawares. Unfortunately I've had to resort to these measures myself lately. While it takes nothing to not return a phone call, it's not as easy to ignore someone when they are physically present. Be willing to be something of a pain in the neck. And don't take any bull 'cheque is in the post' stuff either. If they say they're sending a cheque today, say you'll send a courier and what time should they come pick up the cheque?


  • Advertisement
  • Options
    #7
    whats going on at all
    Closed Accounts Posts: 15 ✭whats going on at all


    spoonface wrote: »
    Well since you have a number of invoices, maybe take just some of them, to the value of almost 2K to the small claims court. Get paid on them and sure you can always go back for the rest later.

    Before you go down that route, have you tried just pitching up un-announced at their premises? Or sitting outside in a car until your contact comes out and confront them unawares. Unfortunately I've had to resort to these measures myself lately. While it takes nothing to not return a phone call, it's not as easy to ignore someone when they are physically present. Be willing to be something of a pain in the neck. And don't take any bull 'cheque is in the post' stuff either. If they say they're sending a cheque today, say you'll send a courier and what time should they come pick up the cheque?


    Thank for the advice but thats not going to work with these people.

    I have an invoice for 3K. Can I go to court for 2K? i.e for go 1K before the case is heard. Id take 2K for it.


  • Options
    #8
    stephendevlin
    Closed Accounts Posts: 1,307 ✭✭✭stephendevlin


    Excluded from the small claims procedure are claims arising from:
    (a) a hire-purchase agreement
    (b) a breach of a leasing agreement
    (c) debts


    Dont think its relevant to recovering debt you are owed from a business.


    Its only relevant if you have a claim for goods purchased business to business. Say you bought a printer for your business at €1500 and its crocked and the business you purchased it from doesnt seem bothered about helping you then this is where you turn. Thats what I read from it anyways


Advertisement