Small Claims Form Question Regarding Location

theWebAdvisor

Hi folks,

I was wondering does anyone know the correct court to lodge a small claims form in the following scenario.

Respondent- Business's registered head office is in Dublin.

Contract made- Sign up originally occurred on my home computer (Waterford).

Any ongoing transactions or communications would occur digitally.

Can I lodge in Waterford district court or does it have to be Dublin?

Thanks in advance.

FishOnABike

https://thecai.ie/your-rights/small-claims-procedure/

See the section on 'Where do I make a claim?' - ... you should file your claim in the District Court Office closest to where the contract was made ...

...Regarding online contracts, the Small Claims Office will generally accept the claim wherever the Claimant made the contract: so if you live in Dublin, the Dublin Office will take the claim, even if the Respondent’s business is located in Donegal. However, there is the risk that the judge might decide such a case is not within his/her jurisdiction.

theWebAdvisor

https://www.boards.ie/discussion/comment/118936565#Comment_118936565

Thanks, Dublin probably the safer option.

FishOnABike

If it is more convenient for you I'd suggest lodging it in the Waterford district. If the judge accepts jurisdiction it might be handier for you, if the judge doesn't accept jurisdition then lodge it in Dublin.

theWebAdvisor

Thanks again, the link you posted was more informative than what I had previously read.