Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Referred from Small Claims to District Court.

Options
2»

Comments

  • Options
    #32
    Bass Reeves
    Registered Users Posts: 18,212 ✭✭✭✭Bass Reeves


    Claw Hammer wrote: »
    it is generally a business and the judgement can be registered thus causing the business embarrassment and credit problems. Many people don't register the judgement and try and enforce using the Sheriff.

    Not only that but the sheriff will seize goods belong to a business to pay for judgement. If the judgement is against a business they virtually have to pay

    Slava Ukrainii



  • Options
    #33
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Bass Reeves wrote: »
    Not only that but the sheriff will seize goods belong to a business to pay for judgement. If the judgement is against a business they virtually have to pay

    That is if the Sheriff can find goods belonging to the business.


  • Options
    #34
    Bass Reeves
    Registered Users Posts: 18,212 ✭✭✭✭Bass Reeves


    Claw Hammer wrote: »
    That is if the Sheriff can find goods belonging to the business.

    It generally can it can seize vans, cars, IT products, office supplies, tools etc.

    Slava Ukrainii



  • Options
    #35
    stresshead101
    Registered Users Posts: 39 ✭stresshead101


    Hi OP

    Did you ever get your situation resolved?

    The Competition and Consumer Protection Commission can give you advice on your general rights and what applies to your case. They cant offer you anything specific but they can point you in the right direction.

    https://www.ccpc.ie/consumers/


  • Options
    #36
    bobgaf
    Registered Users Posts: 163 ✭✭bobgaf


    In the end, I decided not to go to the District Court. I ended up going to the SCC having consulted the CCPC but as you say, they cannot offer specific advice. What I wanted was legal advice on my case without engaging a solicitor due to the amount of money involved. I did not get that but perhaps that was naive in the first instance. The communication with the Registrar whether to proceed to the DC or not was very short but maybe it has to be like that. I remain curious to know if that communication would have developed if I had decided to go to the DC. What I wanted was someone qualified to tell me my case had no/little/some merit and I would have followed that advice. After the SCC process, it seems to me that if you want legal advice, you have to talk to a solicitor. It still bugs me that the other party got more than 200 euro for a trip deposit that could never have gone ahead due to Covid but I did not fancy a date in the DC to state my case.


  • Advertisement
  • Options
    #37
    stresshead101
    Registered Users Posts: 39 ✭stresshead101


    bobgaf wrote: »
    In the end, I decided not to go to the District Court. I ended up going to the SCC having consulted the CCPC but as you say, they cannot offer specific advice. What I wanted was legal advice on my case without engaging a solicitor due to the amount of money involved. I did not get that but perhaps that was naive in the first instance. The communication with the Registrar whether to proceed to the DC or not was very short but maybe it has to be like that. I remain curious to know if that communication would have developed if I had decided to go to the DC. What I wanted was someone qualified to tell me my case had no/little/some merit and I would have followed that advice. After the SCC process, it seems to me that if you want legal advice, you have to talk to a solicitor. It still bugs me that the other party got more than 200 euro for a trip deposit that could never have gone ahead due to Covid but I did not fancy a date in the DC to state my case.

    Have you considered contacting FLAC (Free Legal Advice Clinic)? If you ring them during the day, you can arrange a 15 minute telephone appointment for a volunteer solicitor to ring you regarding your case. You don't have to pay for this service and they can talk to you about your case. I don't think they can advise you to go ahead with it or not but they can definitely tell you if you have a case.

    Their contact number is 01 874 5690 or 1890 350 250, they can definitely help you out.

    Also, the District Court is part of the Small Claims process, and as far as I'm aware both parties stand up in front of a judge and tell their side of the story and the Judge decides. You don't have to get a solicitor, that the point of the the Small Claims. If the other party chooses to get a solicitor, thats their choice and they cant claim those costs against you.


  • Options
    #38
    bobgaf
    Registered Users Posts: 163 ✭✭bobgaf


    Thanks for all the input.
    The FLAC advice is something I wish I considered at the time. Someone to tell me this case had merit or none.
    The DC appearance was something I considered even from the point of view that because the other side would have had to be represented,
    the money would essentially have gone to their solicitor and not to them. They may not even have shown up depending on the legal cost to them. But ultimately, I decided against because I did not want to have to take a half day and put myself in that position when I had no idea of the merit of my case. I may yet ring FLAC out of sheer curiosity. But having declined to go to the DC already in the SCC, I'm not sure the case could even be resurrected. Should have thought of FLAC in the first place but I thought the issue would be settled in the SCC.
    You live and learn ( hopefully )...


  • Options
    #39
    stresshead101
    Registered Users Posts: 39 ✭stresshead101


    bobgaf wrote: »
    Thanks for all the input.
    The FLAC advice is something I wish I considered at the time. Someone to tell me this case had merit or none.
    The DC appearance was something I considered even from the point of view that because the other side would have had to be represented,
    the money would essentially have gone to their solicitor and not to them. They may not even have shown up depending on the legal cost to them. But ultimately, I decided against because I did not want to have to take a half day and put myself in that position when I had no idea of the merit of my case. I may yet ring FLAC out of sheer curiosity. But having declined to go to the DC already in the SCC, I'm not sure the case could even be resurrected. Should have thought of FLAC in the first place but I thought the issue would be settled in the SCC.
    You live and learn ( hopefully )...

    I always thought that the small claims procedure included a hearing with a Judge - if the registrar cant solve the problem by contacting and discussing the claim with the respondent, then you have the option to go before a Judge and have him hear the case. Neither sides need professional legal advice in this case.
    It would be worth ring FLAC and the Small Claims and see if you could bring the case again? The only thing you have to lose is €25 fee for submitting the claim.

    Side note - the small claims accepted your case and contact the respondent, it means that it does have merit. Doesn't necessarily mean that you're right, but it means that there is a legal basis for your dispute.


  • Options
    #40
    bobgaf
    Registered Users Posts: 163 ✭✭bobgaf


    If I didn't have other stuff going on, I might have resurrected this if only to see it through, whatever the outcome.
    One thing that may need clarification is that I understand the other side as a company would have had to have legal
    representation in the DC whereas I as an individual would not require the same.
    I would love to hear from someone who went from SCC to DCC and how the whole thing unfolds, particularly as to how the
    Registrar gets involved and at what stage and to what extent.
    If I thought there was a process between being referred to the DC and the DC appearance, I would have been more likely to go
    that route, but all I had up to that was very brief correspondence which did not fill me with confidence.


Advertisement