Small Claims while abroad?

Cleberp

Hello,

I have to bring someone to court for money they owe me. But I am due to head to Australia in January. My question is that if they contest the money owed [which they do btw] and I am in Oz will I lose out by not being in the country to defend myself and the claim?

Cheers,
C

slimjimmc

Cleberp wrote: »

Hello,

I have to bring someone to court for money they owe me. But I am due to head to Australia in January. My question is that if they contest the money owed [which they do btw] and I am in Oz will I lose out by not being in the country to defend myself and the claim?

Cheers,
C

I'm not certain but it looks like you have to attend in person if it goes to a formal sitting.

The District Court Hearing

You must attend the District Court hearing.
Note: The court environment is formal. If you are not familiar with the court process, you should familiarise yourself with the layout, court practice and operation of the court in advance of the hearing.
On the court day remember to bring with you documentary evidence supporting your claim, for example letters, receipts, invoices.
The case will be heard in public as part of a normal sitting of the District Court.
Evidence must be given under oath or affirmation and the respondent can question you on matters relating to your claim (called cross-examination).
The judge may require the Small Claims Registrar to assist the court at the hearing.
When your case is called the Court Registrar will call you to the witness box to give evidence.
The Respondent will also be given an opportunity to give evidence.
Each witness can be subject to cross examination by the opposing party or their legal representatives.

http://www.courts.ie/courts.ie/library3.nsf/pagecurrent/94500C47B53522C08025715C0052E820?opendocument&l=en

Peregrinus

Cleberp wrote: »

Hello,

I have to bring someone to court for money they owe me. But I am due to head to Australia in January. My question is that if they contest the money owed [which they do btw] and I am in Oz will I lose out by not being in the country to defend myself and the claim?

Yes, you will.

If they dispute your claim and it goes to a hearing, and you're not there to give evidence that money is owed, your case collapses and you lose.

Cleberp

OK thanks a lot. Is there a limit on submitting a claim against the other party so say I am away for a year can I submit my claim in a years time instead of submitting it now.

And also if I submit now and they dispute and the claim is thrown out, i.e. the case collapses can I resubmit when I return?

Also I;m guessing if it did go to court it would be after January, am I wrong?

Thanks again for the replys,

C

Cleberp

Slimjimmc mentions "Each witness can be subject to cross examination by the opposing party or their legal representatives."

Or their legal representatives, does that mean I can have someone represent me, sorry for all the questions just don't wanna make a mess of this.

Thanks,
C

MarkAnthony

Cleberp wrote: »

Slimjimmc mentions "Each witness can be subject to cross examination by the opposing party or their legal representatives."

Or their legal representatives, does that mean I can have someone represent me, sorry for all the questions just don't wanna make a mess of this.

Thanks,
C

The problem there is you need to be available for cross-examination by the other side.

On a practical note if this is private party v private party a judgement is one thing, enforcing it is entirely another. There are various stories of the Sheriff being as much use plastic magnet in relation to private parties.

Some Judge Judy wisdom; never loan money to friends or family. Give what you can and tell them never to ask you again.

Beano

You do realise that Small Claims Court doesnt cover private debts?