Need help getting payment

Seth Brundle

[Mods, please move if not in the right forum]

I did some subcontracting web development work several months ago for €600 (a favour for a 'friend'). He is claiming that he has never been paid (not my problem) but he has not paid me, not returning calls, etc.
I have his address, along with proof that the work was completed as instructed and commitments about the payment.
Who or where can I go to get help getting this back without losing all of it on legal fees?

hullaballoo

http://www.citizensinformation.ie/categories/justice/the-legal-system/courts-system/small_claims_court/?searchterm=small%20claims%20court

Seth Brundle

cheers hulla
I looked at that before and wasn't sure if it would apply because of:

To be eligible to use the procedure, you, the "consumer" must have bought goods or services (or the service) for private use from someone selling them in the course of business. The procedure is not available for use by one business person against another.

dermot_sheehan

As above, must be consumer to use small claims.

This is a classic breach of contract case that's within the jurisdiction of the District Court. You can fill out the pleadings yourself (you can look at district court rules at www.courts.ie), or get a solicitor to do it (provided you are successful, you will get your costs. Alternatively a strongly worded letter and/or solicitors letter may do the trick.

Seth Brundle

Cheers.
Going through that site now. Not the easiest to find direct info but I'll keep trying.

gabhain7 wrote:

provided you are successful, you will get your costs.

Is that guarranteed?

dermot_sheehan

kbannon wrote:

Cheers.
Going through that site now. Not the easiest to find direct info but I'll keep trying.
Is that guarranteed?

Not guaranteed, costs are at the discretion of the District Judge, but the general rule in civil litigation is that costs follow the action, if you are successful you are entitled to your costs, consequentially though if you lose you are liable for the other side's costs.

Fey!

Have you considered using a debt collector?

Seth Brundle

I tried using a DC years ago and they just made the same threats that I was making and they charged me for it and then left it at that. Waste of money. Maybe I just had an idiot DC (in a reputable firm).

If I were to go the DC route, does anyone have a link to a clear application procedure. I can't seem to find it on courst.ie. Also what are the initial fees for booking a court date?

Seth Brundle

anyone?

Savman

Usual process for getting money from debtors is
-letter (polite)
-letter (less than polite)
-final letter (saying you have no option but to pursue legal action)

If then you continue to be ignored simply contact any decent solicitor firm that deal with debt collection. Give them all the paperwork and they will recover the debt for a fee.

Again, he'll get more time as they usually go with "letter,letter,court"
He might wait until he recieves a court summons before he pays up, either way when it gets to that point let him deal with your legal rep because they'll want costs.

That, in my first hand experience, is how you go about getting money off debtors in Ireland.

Our man in Havana

Even if you get into court there is no guarantee you will get your money back. Enforcement of judgements is another tricky Kettle of fish.

Seth Brundle

Thats my fear and I don't want to be left owing a solicitor for just €600

Hagar

God be with the days when pragmatic developers put "time based self destruct" code into projects and only removed it when the cheques cleared.

Alun

If you have FTP access to the site you created for him, can't you just get in there and delete it? I mean, he hasn't paid for it, so he can hardly complain, can he?

Seth Brundle

I don't have ftp access any more - it was a temporary a/c.

Savman

Have you contacted a debt recovery solicitor?
That's the first port of call.