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small claims court question

  • 26-08-2015 11:48am
    #1
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭


    a strictly hypothetical question regarding the SCC. If a claim is submitted to the SCC that does not meet the criteria for the SCC (see below) does the clerk of the court have the power to reject the claim or must all claims go before a judge regardless of merit?
    Type of claims dealt with
    (a) a claim for goods or services bought for private use from someone selling them in the course of a business (consumer claims)

    (b) a claim for goods or services bought for business use from someone selling them in the course of a business (business claims)

    (c) a claim for minor damage to property (but excluding personal injuries)

    (d) a claim for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives

    provided that a claim does not exceed €2,000.


Comments

  • #2
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    The clerk tries to sort it out between both parties before if gets to the judge, if clerk doesn't entertain it I can't see how it could progress to court.


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    Hero777
    Registered Users, Registered Users 2 Posts: 98 ✭✭Hero777


    Just a follow up on the above question.

    Was talking to a solicitor last night and was told that he can't take me to small claims as he is not technically a customer nor am I a business.

    He can submit the application alright but it should go no further as the registrar will find that it doesn't fit the criteria.

    Now to stop the threatening behaviour....


  • #5
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    A minor clarification which may shed some light. There is no 'small claims court in Ireland only a small claims procedure through the District Court. Not meeting the criteria of the SmCCP would mean the case needs to be heard in the DC, it's up to the plaintiff if they want to do that or not.


  • #6
    ohnonotgmail
    Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    MarkAnthony wrote: »
    A minor clarification which may shed some light. There is no 'small claims court in Ireland only a small claims procedure through the District Court. Not meeting the criteria of the SmCCP would mean the case needs to be heard in the DC, it's up to the plaintiff if they want to do that or not.


    thank you for the clarification. The question was purely hypothetical (thought prompted by a thread elsewhere) and the responses have confirmed what i suspected was the situation.


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