Can you use Small Claims Court if damage more than max?

Donald Trump · 03-06-2019 11:55AM #1

Suppose you would like to take a case where your loss is assessed at say 2500. But you know that the other party is going to fight it as much as they can, and they are well resourced and have a name for fighting similar claims to the bitter end.

Would it be an option to take the claim to SCC for the max of 2000? Or would they rule it as invalid if the damage caused was above that figure? If you went to the full court, my understanding is that you could be lumped with your own expenses and the other parties. My thought is that if it went to SCC, the worst case scenario would be to lose the 25 quid application.

(I'm obviously not asking whether one could be awarded more than the max.)

If you won at SCC, could you pursue in regular court for the balance?

03-06-2019 12:10PM

This might provide you with your answer- a nice FAQ guide

https://www.csol.ie/ccms/helpFiles/FAQ%20Small%20Claims.jsp

Is there a limit to the amount I can claim in the Small Claims court?

A claim must not exceed €2,000.00.

If my claim is over €2,000.00, what do I do?

If your claim exceeds €2,000.00, you should seek legal advice or review the Court Rules to determine the correct Civil Court (District or Circuit) for your claim.

Donald Trump · 03-06-2019 12:17PM

Deleted User wrote: »

This might provide you with your answer- a nice FAQ guide

https://www.csol.ie/ccms/helpFiles/FAQ%20Small%20Claims.jsp

Is there a limit to the amount I can claim in the Small Claims court?

A claim must not exceed €2,000.00.

If my claim is over €2,000.00, what do I do?

If your claim exceeds €2,000.00, you should seek legal advice or review the Court Rules to determine the correct Civil Court (District or Circuit) for your claim.

I don't think you understood my question.

If damage caused is assessed at say 2500, could I go to the small claims court and try to claim just 2000 even though the actual damage was more? i.e. letting 500 of it go. Or could the other party try to prevent it from being heard at SCC due to it not being the full amount

03-06-2019 12:28PM

Donald Trump wrote: »

I don't think you understood my question.

If damage caused is assessed at say 2500, could I go to the small claims court and try to claim just 2000 even though the actual damage was more? i.e. letting 500 of it go. Or could the other party try to prevent it from being heard at SCC due to it not being the full amount

In fairness It clearly states in the court FAQ's that if your claim is over 2000 you must seek legal advice and consider Civil/District court instead of small claims court i.e. you can't go to the small claims court if damages are in excess of 2000.

So I smash your Waterford Crystal chandelier hanging in your downstairs guest toilet - replacement value is 2500- I refuse to pay- you can't take me to the small claims court unless your claim is under 2000. Now next question for you is, can you get someone out there to claim the replacement value is just 1,999 and go to the small claims court?

I've no idea what 'evidence" is required around assessed value of a claim-but I imagine that Judges in that court are pretty experienced at spotting claims that really shouldn't be there.

03-06-2019 12:41PM

I imagine "receipts" play a big part in assessing the value of loss.

You buy a brand new Apple Laptop- just released- value 2,400. You have your receipt for this. I then spill a cup of coffee on it- laptop now worthless. Whatever about getting an expert to value a Waterford Crystal chandelier not made any more at 1,999, you're going to have a job proving that your brand new Apple device is worth under 2000.

So it really depends on the nature of your claim and how you can determine the true value of your loss.

But do please note:

"Evidence must be given under oath or affirmation and the respondent can question you on matters relating to your claim (called cross-examination). The Respondent will also be given an opportunity to give evidence. Each witness can be subject to cross examination by the opposing party or their legal representatives."

Donald Trump · 03-06-2019 12:45PM

Well the thing I don't know is whether that 2000 is effectively just a limit on what can be awarded or a fixed limit on what can be heard.

So if the damage is assessed at 2500, I would have assumed that I could either
(A) go to the SCC to try to recover 2000 of that and forget about the 500
(B) go to normal court, pay solicitors, potentially pay other side costs if the case was not won.

Suppose you had damage and you had it repaired and your bill was just over the limit, as in 2005 Euro. Surely you could still take that to SCC? If you win, the judge could only give you 2000 of it? Is that not the way?

When they say "if your claim is over 2000" that could either refer to the damage caused, or the amount you have decided to claim for! No? At least to me, both interpretations are possible based on the language alone. Which is why I asked here for someone who might have experience or know the system

drunkmonkey · 03-06-2019 12:52PM

Have you went the whole way through a small claims court procedure yet. €25 might seem enticing but it'll cost you a lot more than that depending on how things play out. If they still don't want to pay up after winning you'll have to engage a sheriff. They'll want a few quid as well.

Donald Trump · 03-06-2019 01:08PM

drunkmonkey wrote: »

Have you went the whole way through a small claims court procedure yet. €25 might seem enticing but it'll cost you a lot more than that depending on how things play out. If they still don't want to pay up after winning you'll have to engage a sheriff. They'll want a few quid as well.

No I'm not familiar with the process other than the notion that it can be used for accessing courts relatively cheaply.

What expenses would you be looking at? If they don't pay up, can you not bring them back for contempt or something like that?

The "defendant" would be a fairly large company with say 100 employees. Not an individual. It wouldn't be the case that they did not have the money.

If 25 was the only cost involved in getting as far as the verdict, then you'd be happy enough. You'd expect that expenses such as recovery would only come into play after you received a successful verdict, and at that, the award would outweigh the recovery costs, even if it eats into them a lot?

Credit Checker Moose · 03-06-2019 05:14PM

drunkmonkey wrote: »

Have you went the whole way through a small claims court procedure yet. €25 might seem enticing but it'll cost you a lot more than that depending on how things play out. If they still don't want to pay up after winning you'll have to engage a sheriff. They'll want a few quid as well.

€19 is the statutory fee for the sheriff. Hardly prohibitive.
STATUTORY INSTRUMENT S.I. No. 644 of 2005 Sheriff's Fees and Expenses Order, 2005

Peregrinus · 04-06-2019 01:24AM

Deleted User wrote: »

In fairness It clearly states in the court FAQ's that if your claim is over 2000 you must seek legal advice and consider Civil/District court instead of small claims court i.e. you can't go to the small claims court if damages are in excess of 2000.

If you're out of pocket by more than 2,000, you can still go to the small claims court so long as you only claim 2,000. That's perfectly legitimate, and it also applies at higher levels - e.g. you can limit the amount of your claim to bring it in the District Court rather than the Circuit Court, or the Circuit Court rather than the High Court.

And you don't have to be coy about this; you can be quite open about the fact that your loss exceeds 2,000, but you are limiting your claim to 2,000.

the_pen_turner · 04-06-2019 08:00PM

Peregrinus wrote: »

If you're out of pocket by more than 2,000, you can still go to the small claims court so long as you only claim 2,000. That's perfectly legitimate, and it also applies at higher levels - e.g. you can limit the amount of your claim to bring it in the District Court rather than the Circuit Court, or the Circuit Court rather than the High Court.

And you don't have to be coy about this; you can be quite open about the fact that your loss exceeds 2,000, but you are limiting your claim to 2,000.

how would this affect the rest of the debt. could that still be colected in other ways

Credit Checker Moose · 04-06-2019 08:07PM

No, all that would be collectable is the 2000. He has chosen to forego the rest.

Can you use Small Claims Court if damage more than max?

Comments