Written answers

Thursday, 21 July 2011

Department of Justice, Equality and Defence

Small Claims Procedures

7:00 pm

Photo of Brian StanleyBrian Stanley (Laois-Offaly, Sinn Fein)
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Question 510: To ask the Minister for Justice and Equality if there is provision for a service provider who has not been paid for a service to seek redress in the Small Claims Court; the measures of redress available to a small service provider where the amount sought is less than €1,000; and if he will make a statement on the matter. [22084/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I would draw the Deputy's attention to my responses on 29 June last to his Questions (No. 175 and No. 176) on this matter.

The small claims procedure of the District Court is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in the local District Court offices. Typical claims are:

- a claim in respect of goods or services purchased from somebody selling them in the course of a business

- minor damage to property (excluding personal injuries), and

- the non-return of a rent deposit for certain types of dwellings.

Since 5 January 2010 the procedure has been expanded to allow for business to business claims of the same nature. The current maximum value of cases that can be taken is €2,000. This limit was set in 2006 and was last reviewed in 2009 in advance of the expansion of the scheme to cater for business to business claims of the same nature which came into effect on 5 January 2010. I am informed that the review found that the existing limit was appropriate and should remain unchanged as an increase risked a negative impact on the level of service provided by Small Claims Registrars throughout the country. The procedure is labour intensive but provides a satisfactory service at present. In addition, new European Small Claims Procedures, provided for under Regulation (EC) No. 861/2007, were introduced in 2009. These procedures also provided for a maximum claim limit of €2,000.

I am not in a position to comment on any particular case but the Deputy will note the procedure does not cover claims in respect of debts, personal injuries or breaches of leases or higher purchase agreements. Generally such cases may be more effectively and speedily dealt with by way of civil bill. As the Deputy has previously been informed, the scope and operation of the procedure is being reviewed by my Department.

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