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Small Claims Court Woes

  • 19-02-2005 12:03pm
    #1
    kenmcm
    Closed Accounts Posts: 3 ✭


    I had an issue last year an instance of property damage and having read about the Small Claims procedure I registered a claim last summer.

    Now 8 months later the claim seems to be stuck in wilderness. The respondent did dispute the claim after stalling for 4 months. I replied to the court two weeks later offering a compromise but as far as I can tell the matter has gone no further since then. I have phoned the district office on many occasions asking what is happening only to be told repeatedly that they are "very busy people you know". I wrote to the Ombudsman ages ago but no joy there.

    Has anyone else experienced problems like this with the service? Is it really a waste of time and money?


Comments

  • #2
    [Jackass]
    Closed Accounts Posts: 9,193 ✭✭✭[Jackass]


    It's possibly because your dispute isn't as valid as you might think it is (not to say you're not right), but your word against theirs for example....also legal proceeders can take years, irrespective of how big or small, becasue there is a lot more civil cases then judges etc.

    If you are determined enough, and believe in your dispute enough, i see no reason why you shouldn't persue it....but you must be prepared to be patient, and also accept that after all the hassle involved, you may be offerd little or no compensation becasue small claims awards need lots of evidence...e.g. land surveyer to asses the damage, builders report and estimate to repair on top of the fact you can prove whoever you are sueing actually caused the damage....you just have to ask yourself is it all worth it? Does the compensation you expect to recieve outway the cost of all those services + effort + hassle. If it does...go for it.
    PS Make sure you have everything with you on the day of the case, including photos....if you dont have evidence of the smallest detail, it's not considerd by the court.


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