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Small claims court - Initiating Document Served

  • 24-07-2018 5:25pm
    #1
    SeeMoreBut
    Registered Users, Registered Users 2 Posts: 801 ✭✭✭


    I've a case open which is in Initiating Document Served for 28 days now.

    I would have expected more movement.

    Do I just keep ringing 01 888 6854 until someone answers it to get an update of why no movement?


Comments

  • #2
    drunkmonkey
    Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    Small claims can take for ages and you still end up with nothing. Tit for tat with documents can take ages alone. I presume the other side is disputing it or just ignoring it.


  • #3
    SeeMoreBut
    Registered Users, Registered Users 2 Posts: 801 ✭✭✭SeeMoreBut


    I presume they are ignoring it.

    Basically they said they would be back to fix a fitting they did once which wasn't done properly. Came once to fix it and said they'd be back next week to finish it. Never came back. Excuses that can't come so gave up in the end and went down this road.


  • #4
    greenexile
    Registered Users, Registered Users 2 Posts: 57 ✭✭greenexile


    Hi there, apologies for bumping this thread.

    I’m just wondering if you ever got any resolution for your case? I’m currently taking a case against my builder and the status is at ‘Initiating Document Served’.


    I know the builder has received the notice as he tried to make contact over the weekend. I’m just wondering if you knew what the next step was?


    Thanks, GE



  • #5
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,541 ✭✭✭Claw Hammer


    https://www.boards.ie/discussion/2057894916/small-claims-court-initiating-document-served

    Have you checked online to see it the initiating document was served on the Respondent?

    They have 15 days to respond.

    FromSmall Claims Procedure : S.I. No. 17 Of 2014


    11 Default by respondent

    11. (1) Where the respondent fails to return either the Notice of Acceptance or Liability (Form 53A.03, Schedule C) or the Notice of Dispute (Form 53A.04, Schedule C) to the Small Claims Registrar within the time permitted and fails to contact the Small Claims Registrar within that period, he or she must be deemed to have admitted the claim.

    (2) The claimant may then apply for judgment by swearing an affidavit of debt and lodging same with the Small Claims Registrar together with a requisition for judgment and a Small Claims judgment, and the Small Claims Registrar must proceed to judgment in accordance with the provisions of Order 47 as if the Notice of Claim and copy claim served under these Rules were a claim notice issued and served under Order 40.



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