District court - outstanding debt

amjon.

I am considering legal action in order to recover and outstanding debt of circa 350 euro. I have dicussed it in general terms with a barrister who said there is a chance that it could be thrown out of court by the judge as it is for such a small amount. Does anyone have any experience of going to court over such a small amount?

I do not want to write the debt off.

Our man in Havana

A judge would be bemused by such an action but would be unlikely to dismiss unless your proofs were not in order.

You could sue for €350 but bear in mind you can only get scaled costs which are no where near the real costs of bringing the action. So you are going to be at a loss even if he pays.

amjon.

Ok. Can I represent myself in a civil case? My friend represented himself in court earlier this year and won but that was a criminal case.

Our man in Havana

You can but you will be expected to have all your proofs ready for the judge, so you will have to read up on the required proofs for your alleged debt.

amjon.

Ok. Thanks for the quick replies. I just need a solicitor to issue a summons, then I can take over from there?

Ken.

Would the small claims court not better suit you for a small amount.
http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

Costs €18 to file a claim and can be done without any solicitors.

NoQuarter

Thats for businesses/consumers only.

You can also write up your own summons, there are precedents here: http://www.courts.ie/rules.nsf/DistrictApps?OpenView&Start=1&Count=30&Expand=4#4

Our man in Havana

Small claims cannot be used to recover debts.

Curly Judge

Our man in Havana wrote: »

Small claims cannot be used to recover debts.

Surely the small claims court can hear a case where the purchase of goods has incurred a debt?
If not what use are they?

ResearchWill

Curly Judge wrote: »

Surely the small claims court can hear a case where the purchase of goods has incurred a debt?
If not what use are they?

The only legal issues being people not paying for goods bought! There is plenty the small claims procedure can be used for.

Procrastastudy

amjon. wrote: »

Ok. Can I represent myself in a civil case? My friend represented himself in court earlier this year and won but that was a criminal case.

In a criminal case the burden of proof is on the prosecution. I theory all you have to do is sit there if they don't have the right evidence against you.

While you are not going to have to reach the same evidential standard as the prosecution in a criminal case you're still going to have to prove on the balance of probabilities you're owed the money. All I know about the rules of evidence is that they aren't common sense.

amjon.

NoQuarter wrote: »

You can also write up your own summons, there are precedents here: http://www.courts.ie/rules.nsf/DistrictApps?OpenView&Start=1&Count=30&Expand=4#4

Ok, so it seems I can write the text of the summons but then:

The summons must be dated and signed by the Plaintiff or his/her solicitor.

from here:

http://www.citizensinformation.ie/en/justice/civil_law/civil_summons_in_ireland.html

So what would the going rate be for this signature?

It will be hard for the defendant to deny liability. The fact is they think I am a bit green and that they can get away without paying for the services I provided them with by simply ignoring me.

Our man in Havana

Sign it yourself.

amjon.

Ok, apart from the stamp duty on the summons what other costs are there? Surely I have to pay some fee to the court to cover the judge's wage for the day etc?

Our man in Havana

Nope. You just pay the stamp duty on the summons.

amjon.

Ok - I'll keep the thread updated with progress. Should be an interesting one.

Our man in Havana

Make sure you send a final demand stating you will issue proceedings is sent.

amjon.

Just received three seperate cheques, each for a third of the amount dated one month after another. Very odd.

dahamsta

Post- or ante-dated? If post-, cashflow issues; if ante- they either forgot to post them, or they're pretending they forgot? If the cheque numbers are consecutive, they're trying to pull the wool over your eyes, or they're not paying anyone else either.

Either way, get 'em cashed soon as you can, see if they're rubber!

Peregrinus

If the cheques are post-dated, you don't have to wait for the date in order to present them for payment. The bank may decline payment if they notice that a cheque is post-dated, but the extreme likelihood is that they won't notice this and they'll just pay the cheque. If you decide to do this, obviously, do not draw attention to the fact that the cheque is post-dated; just lodge it in the usual way.