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Small Claims Court

  • 15-09-2013 9:42pm
    #1
    Registered Users, Registered Users 2 Posts: 115 ✭✭


    Is it possible to bring a state body to the Small Claims Court, such as the Revenue?

    For example; clerical error meant that payment of tax relief did not occur and Revenue refuse to pay out in spite of acknowledging error.


Comments

  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim and is provided for under the District Court (Small Claims Procedure) Rules, 1997 & 1999 as amended by Statutory Instrument No. 519 of 2009, Order 53A.

    It is a service provided by District Court offices and is designed to handle consumer claims and business claims cheaply without involving a solicitor.

    To be eligible to use the procedure, you, the 'consumer' must have bought the goods or services (or the service) for private use from someone selling them in the course of business. As a 'business' you must have bought the goods or services (or the service) for use in business from someone selling them in the course of business.

    The District Court Clerk, called the Small Claims Registrar, processes small claims.

    Where possible, the registrar will negotiate a settlement without the need for a court hearing. If the matter cannot be settled the registrar will bring your claim before the District Court.

    I'm not sure you can shoehorn the revenue into the definition of a business I'm afraid. I stand to be corrected.


  • Banned (with Prison Access) Posts: 202 ✭✭camphor


    to99 wrote: »
    Is it possible to bring a state body to the Small Claims Court, such as the Revenue?

    No. Complain to the Ombudsman.


  • Registered Users, Registered Users 2 Posts: 115 ✭✭to99


    Ombudsman, hadn't thought of that. Thanks.


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