Going to court with a small claim
What happens if your claim through the small claims procedure goes to court?
Small claims cases are mostly resolved outside of court. If your small claim cannot be resolved through the small claims registrar, it will be sent for a court hearing in the District Court. The small claims office will send both you and the business you are claiming against a notice of hearing stating the date, time and location of your case.
The Courts Service website has helpful guidance on how to prepare for a civil court hearing and what to expect on the day of your case. It also provides a list of support services that can help you prepare for a civil court hearing.
What happens after the judge issues a small claims decision?
If your small claim is successful in court
If your claim is successful, the court registrar will send the business a ‘Notice to Pay’. You will also get a written copy of the small claims decree stating what you are owed by the business. The business must comply with the decree within 28 days. If they don’t, you can apply to enforce the small claims decree.
Enforcing a small claims decree
Enforcing a small claims decree is a legal method to recover what a business owes you. In Dublin and Cork, this is done through the Sheriff’s Office, which is an office with the authority to enforce a judgment on your behalf, for example by seizing or selling goods or arranging a repayment plan. Elsewhere in Ireland, your county’s court service undertakes the role of a sheriff.
To begin enforcement, you must send a copy of your small claims decree, and an application fee, to the Sheriff’s Office (in Dublin or Cork) or to your local court service. You can get more information on how to do this from your local court service office. The Courts Service website has more information about enforcing a small claim and the related fees.
If your small claim is not successful in court
If the judge rejects your claim or accepts the business’s counterclaim and you do not agree, you may appeal the judgment to the Circuit Court. There is a fee to appeal to the Circuit Court and you must make the appeal within 14 days of the judge’s decision. Before you appeal, carefully consider if your reasons and evidence for appealing are strong enough.
It is common to use a solicitor or barrister for a Circuit Court hearing. If you lose an appeal, you may be ordered to pay both your own and the business’s legal costs. You can find out more about appealing a district court decision from the Courts Service website.
