Small Claims

Gannicus

Hey Ladies and Gents,

I'm in need of some help.. I'm owed €350 by a "friend" when I say friend she used to be a friend who cut all ties when a new boyfriend came on the scene(he never seemed to keen on us being mates). I loaned her €400 about 2 years ago. She gave me the first €50 back about a month or two later but nothing since. She then subsequently cut pretty much all ties with me. She only answers me when I ask for the money. Nothing else.

I have asked her for the money numerous times and I get excuses like I can't afford it or I have to pay my mortgage. Since then I spotted her in the same nightclub as me one night and a friend of hers tells me she brought her o/h to Old Trafford recently.

Do I have any recourse through the small claims court or do I have any recourse at all.

Procrastastudy

I dont think you can claim debts though the small claims court.

Gannicus

GCDLawstudent wrote: »

I dont think you can claim debts though the small claims court.

So would I have to go to a higher court or could I claim it at all.

ResearchWill

Big Steve wrote: »

So would I have to go to a higher court or could I claim it at all.

It's a district court matter.

Gannicus

ResearchWill wrote: »

It's a district court matter.

What would I take with me into a district court to make a case of the issue.

Procrastastudy

Proof of your contract with the other party. Proof of payments made and proof of whats owed.

ResearchWill

Big Steve wrote: »

What would I take with me into a district court to make a case of the issue.

You will need to draft a civil summons. If you don't know how seek legal advice.

NoQuarter

If you are going to do it yourself, here is the template: http://www.courts.ie/rules.nsf/53bd32841fc5bbf280256d2b0045bb5d/db8f64f213a0567f80257638004f183d?OpenDocument

Its good to get legal advice but I suppose the claim is so small it may defeat the purpose with costs. Then again you dont want your friend getting away with it so it might be wise to end up paying half to legal advisors so at least she doesnt get it!

Procrastastudy

Is it worth pointing out that if he has very little proof - which I assume is the case with these type of loans - and loses he will be liable for the other sides costs? I assume if the other side gets a Solicitor, has a consultation, opens a file and does it all by the book this could run to hundreds of euro?

Have I got that wrong - is it different in these small cases in the DC?

Gannicus

GCDLawstudent wrote: »

Is it worth pointing out that if he has very little proof - which I assume is the case with these type of loans - and loses he will be liable for the other sides costs? I assume if the other side gets a Solicitor, has a consultation, opens a file and does it all by the book this could run to hundreds of euro?

Have I got that wrong - is it different in these small cases in the DC?

I have e-mails and texts acknowledging she owes me the money

Procrastastudy

I'd be pretty sure that there would be no problem overcoming Intention to create Legal Relations - but I'd just look at the way the various people here tear me apart when I come up with some half baked theory. That's just the ones that don't treat me with total contempt and ignore me compleatly! :P

I wouldn't want to be on the recieving end of a half decent solicitor in the DC without being very sure I was going to win. Probably by speaking to my own solicitor.

EDIT: Can you also prove what the time scales etc were for paying you back? Contracts can fall for a million different reasons.

NoQuarter

GCDLawstudent wrote: »

I'd be pretty sure that there would be no problem overcoming Intention to create Legal Relations - but I'd just look at the way the various people here tear me apart when I come up with some half baked theory. That's just the ones that don't treat me with total contempt and ignore me compleatly! :P

I wouldn't want to be on the recieving end of a half decent solicitor in the DC without being very sure I was going to win. Probably by speaking to my own solicitor.

EDIT: Can you also prove what the time scales etc were for paying you back? Contracts can fall for a million different reasons.

I think, despite what you are thought in college on contract formation, that stuff isnt so relevant in some situations. In this case it will be more the OP saying they are owed a debt and OP's friend having no defence, probably straight forward and no need to go into the academic law on it.

Procrastastudy

I just use ITCLR as an example. Is it normally just as straight forward as a Judge Judy episode? Honest question as I have no clue! If he was to lose for what ever reason would be be automaticly paying costs from the other side?

TIA for answers from anyone and to NoQuarter for continuing to enlighten me.

NoQuarter

Yes! It is a bit more Judge Judy on occasions I suppose! Its more procedural than academic. Of course legal arguments do happen on occasion but imagine the backlog in the district court if every plaintiff had to establish all the formalities of a contract!

The rule generally is that "costs follow the event" so if the court found that the OP didnt have a case, then costs more than likely, but not definitely, would be awarded against the OP.

jblack

A supplementary option for Big Steve is to write an email or letter asking her to acknowledge the debt - if agreed this will have the effect of removing any defence she might concoct.

If not, you then make your choice to pursue or write off.

Milk & Honey

NoQuarter wrote: »

Yes! It is a bit more Judge Judy on occasions I suppose! Its more procedural than academic. Of course legal arguments do happen on occasion but imagine the backlog in the district court if every plaintiff had to establish all the formalities of a contract!

The rule generally is that "costs follow the event" so if the court found that the OP didnt have a case, then costs more than likely, but not definitely, would be awarded against the OP.

Every plaintiff in the District Court who relies on a contract has to prove the contract formally. It usually take a few minutes.