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Small Claims Court Query

  • 15-02-2023 8:11pm
    Registered Users Posts: 48

    Hi all,

    Looking for some guidance here, I have taken a case against a garage which I had purchased machinery from to the SCC. Documents have been served now for 21 days and still no response from the respondent. I know they have 15 days to respond or basically they are deemed to admit liability. When I spoke to the court clerk he advised me that they do not strictly stick to the guidance rules surrounding the days and if they respondent hadn’t responded he would ring him!!. Surely this can not be correct?

    Any advice or guidance would be greatly appreciated.



  • Registered Users Posts: 11,814 ✭✭✭✭Calahonda52

    Standard enough practice in the SC system, what do you expect for 25/30 euro!

    “I can’t pay my staff or mortgage with instagram likes”.

  • Registered Users Posts: 48 Purecuntish

    So the rules/law don’t actually apply?

  • Registered Users Posts: 1,200 ✭✭✭Lenar3556

    Timelines in the Irish courts are often not strictly enforced. It could be argued that the balance of justice would not be best served by cases turning on the strict imposition of timelines.

    The small claims procedure (SCP) is by its nature informal, so what you describe is not surprising.

    Bear in mind that even if you get a favourable outcome from the SCP you may well encounter difficulties in enforcing it, which would require more proceedings.

  • Registered Users Posts: 1,297 ✭✭✭walterking

    What law?

    You are showing your own lack of understanding by this comment.

    There has to be leeway - on BOTH sides.

    Imagine if they responded and due to some situation you were unable to respond within the timeframe - bet you'd be pissed off

  • Registered Users Posts: 48 Purecuntish

    So why have the rules if there not being enforced. When do you draw the line? Fair enough if there is a logical explanation and that can be backed up after the 15 days. Chances are these guys are aware of the documents but don’t care because they know they’ll get an extension of time and they can drag the process out hoping the claimant folds.

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  • Registered Users Posts: 6,017 ✭✭✭Claw Hammer

    There is a general power in all of the courts to enlarge times fixed by the Rules of Court. It is better for you if the garage engages with the process, You are more likely to get satisfaction eventually. A lot of small claims are against the wrong company, wrong business name and getting judgement is useless.

  • Registered Users Posts: 276 ✭✭Jazz Hands

    Doesn’t make sense.

    There is either timelines or their isn’t.

    Why have timelines if they are not enforced.

    I guess it’s just a reflection of the Judicial system here.