Written answers

Wednesday, 16 September 2009

Department of Justice, Equality and Law Reform

Small Claims Procedure

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

Question 648: To ask the Minister for Justice, Equality and Law Reform his views on an issue (details supplied) regarding the small claims court; and if he will make a statement on the matter. [31041/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim (under €2000). The procedure is laid out in the District Court (Small Claims Procedure) Rules, 1997 & 1999.

The service is provided by District Court offices and is designed to handle consumer claims cheaply without the need to engage legal representation. It provides a useful cost effective service for consumers. The types of claims dealt with under the procedure are: - a claim for goods or services bought for private use from someone selling them in course of a business - a claim for minor damage to property (but excluding personal injuries) - a claim for the non-return of a rent deposit for certain kinds of rented properties

However, the administrative manner in which claims are handled means not every type of case is suitable for inclusion. Excluded from the procedure are claims arising from: - a hire-purchase agreement - a breach of a leasing agreement -debts I am currently considering proposals to extend the small claims procedure to businesses in certain circumstances which I hope to be in a position to finalise as soon as possible.

Comments

No comments

Log in or join to post a public comment.