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Small claims Court: hearing date i cant attend - he wont change date

  • 25-02-2013 8:38pm
    #1
    Registered Users, Registered Users 2 Posts: 120 ✭✭


    I applied to take a company to the small claims court 5 months ago and i got an email today to say that the date for the hearing was the day of an fe1 exam. The court clerk in Dublin said the hearing cant be changed. So i guess he expects me to miss my exam for his hearing date.
    Is there anything i can do?


Comments

  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


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


    Court Appearance

    If your case has been referred to court for hearing it may be advisable to get legal advice. Under Irish Law should there be court proceedings a business has to be legally represented.
    You will receive a letter from the Small Claims Office telling you the date and time of the court hearing and the location of the court itself.
    If you have any difficulty with attending court on that date, notify the Small Claims Office and the respondent immediately. You may ask to have the date adjourned, or put back, to another date. Only the judge can make this order and you will need a very good reason for not being able to attend or go ahead with the case on that date. If you cannot attend yourself, you can send a representative to make the request to the court on your behalf.
    At your hearing, when all the witnesses have been heard, the judge will usually make his or her decision there and then. If the judge decides in your favour, he or she will make an order or Decree. This is usually an order for the respondent to pay an amount of money to you, but the judge can decide to make any order he or she sees fit. For example, the Judge may direct that the work be completed or the goods be repaired. The order will be made to suit your particular case.
    If the court makes a Decree for an amount of money, the respondent has 28 calendar days to pay you. If the court makes any other type of Decree, it will usually put a time limit within which it must be completed.
    If the judge decides not to uphold your claim, your case will be dismissed, this means that no order or Decree will be made in your favour.
    See "Further information" below for more on preparing for court and the court hearing.


  • Registered Users, Registered Users 2 Posts: 120 ✭✭Fe1exams


    Thats odd because i requested an adjournment and the answer was:
    "im afraid not sorry."
    Regards

    ****** ******


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Fe1exams wrote: »
    Thats odd because i requested an adjournment and the answer was:
    "im afraid not sorry."
    Regards

    ****** ******

    You spoke to the court clerk previously. You could consider ringing up again and asking for the Small Claims Registrar.


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