How the small claims procedure works
Under the small claims procedure, disputes can often be settled before they go to court.
If the registrar approves your application for the small claims procedure, they will send the details of your complaint to the respondent (the trader you are claiming against). This is called ‘service’. Claims are usually served by registered post so there is clear evidence of efforts to contact the trader.
Who should I claim against?
It is important to fill in the correct name and address of the business in your small claims application form. Some traders have more than one address and could operate under a ‘registered business name’ (also known as a trading name) that is different from the registered company name.
You can search on the Company Registration Office (CRO) website for the business details. Contact the CRO if you need more information on finding the correct business details.
What happens when your small claim is served successfully
When you make a claim through the small claims procedure, you are known as the ‘applicant’. The business you are claiming against is known as the ‘respondent’.
When your small claim is served successfully, the respondent has 15 days to reply. They can decide to take one of four actions:
- not respond to your claim
- accept liability for your claim
- dispute your claim
- dispute your claim and make a claim against you (a counterclaim).
If the respondent does not respond to your claim
If the respondent does not respond to your claim within 15 days and the small claims office has confirmed that they signed for your claim when served by registered post, you can get a judgment without their reply. This is known as a ‘summary judgment’.
You will be asked to sign and swear a document called an Affidavit of Debt and return it to the small claims registrar within 30 days. When they receive it, the court registrar will inform the respondent of the summary judgment and give them 14 days to pay the amount of the claim.
You can find out more about what happens if there is no response to your claim or to the summary judgment from the Courts Service website.
If the respondent accepts your claim
If the respondent accepts your claim, they will fill out a Notice of Acceptance of Liability Form and send it to the court registrar. The court registrar will send the notice to you and tell you what has been arranged with the respondent to meet your claim (for example, a repair or replacement of the goods or service or payment in full or by instalment).
You can get more information about when a respondent accepts liability on the Courts Service website.
If the respondent disputes your claim or claims against you
If the respondent disputes your claim or makes a claim against you, they must fill in a Notice of Dispute form and return it to the small claims registrar. The registrar will then speak to you and the respondent to try to resolve the claim and avoid going to court. If you disagree with a counterclaim from the respondent, you should send your reasons to the registrar in writing (letter or email).
If you and the respondent can then resolve the claim, you will agree a settlement and the registrar will mark your claim as closed.
The Courts Service website has more information on what happens when a respondent disputes your claim or makes a counterclaim.
Going to court
If your small claim cannot be resolved through the small claims registrar, it will be listed for a court hearing in the District Court. The small claims office will send both you and the respondent 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.
