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Has anyone ever taken someone to the small claims court before?

  • 10-09-2010 9:09am
    #1
    Niall.S.
    Closed Accounts Posts: 6 ✭


    Just curious what the process is like. I have been freelancing for the last 5 or 6 years in the building industry and with the downturn in the economy I put my hand toward working with company's to try to get them more sales (I was working on commission, I know its not ideal, but times are hard), I agreed to put one particular company forward for a project which they basically messed up by being continuously late and after having received payment of 80% when they were less than half way through, they walked away from the job refusing to pay me my commission and also leaving my client out of pocket and under serious pressure to finish the job on time.
    They had absolutely no grounds to do so and are in breach of contract. Now I am in a position where this company have first of all cost me 1,650 Euro worth of commission which I could have negotiated with another company, and also cost me a good client whom up to that point had been giving me regular work in these hard times.
    Can anyone tell me, if the above would be a likely clear cut case and what the process is to take someone to the small claims court, how do I get a summons, how long does it take to get a court date etc.

    Cheers

    Niall


Comments

  • #2
    Bandara
    Registered Users, Registered Users 2 Posts: 3,282 ✭✭✭Bandara


    Afaik you can't use the small claims court for commerical issues

    and I think there is a maximum claim amoun of 1k or less

    someone else might be able to give the definite answer, that just what my memory is telling me


  • #3
    Pixelcraft
    Registered Users, Registered Users 2 Posts: 742 ✭✭✭Pixelcraft


    You can since january, but it cannot be used for recovering debts as far as I know, making it kind of pointless for SME's


  • #4
    91011
    Closed Accounts Posts: 1,383 ✭✭✭91011


    The best solution is to get a solicitor to write and give 7 days notice, then issue proceedings, but without entering the proceedings in the court - this has elicited a good response for me on a couple of occasions as once the "summons" is issued the debtor usually responds fairly quickly.

    In reality the summons is worthless as its not stamped or entered, but it can get the required response and without the costs.


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