Objection (Notice of Dispute) to a Small Claim in the District Court
What the Small Claims Procedure is and who it applies to
The Small Claims Procedure is an alternative, simplified method of commencing and dealing with certain civil proceedings in the District Court, instead of issuing an ordinary civil summons or a civil summons for a debt or liquidated money demand, as set out in District Court (Small Claims) Rules 2007, rule 2.
It is available for defined categories of small claims, including consumer contract claims, certain tort claims for minor property damage, and certain tenancy deposit claims, each subject to a monetary limit and to specific exclusions set out in District Court (Small Claims) Rules 2007, rule 1.
When a claim of this kind is made against you, the Small Claims Registrar serves a Notice of Claim, together with a copy of the claim, on the respondent. The respondent must then decide whether to accept liability or to dispute the claim.
Deadline and form for objecting
Where the respondent fails to return either the Notice of Acceptance of Liability (Form 53A.3) or the Notice of Dispute (Form 53A.4) to the Small Claims Registrar within 15 days of service of the Notice of Claim and copy claim, and also fails to contact the Registrar within that period, the respondent is held to have admitted the claim, under District Court (Small Claims) Rules 2007, rule 11.
This means that, to preserve your right to contest the claim, you should complete and return the Notice of Dispute (Form 53A.4) within 15 days of receiving the Notice of Claim, or otherwise contact the Registrar within that period to discuss the claim.
Because rule 11 is the current provision governing this deadline, readers should always check the current text of the Rules in force to confirm that the 15-day period and the relevant forms have not been amended before relying on it.
Effect of filing an objection
- If you return the Notice of Dispute in time, the claim will not automatically proceed to judgment against you; instead it will be referred to the Small Claims Registrar for further processing.
- If a matter is referred to the Court following a dispute, the Court shall not award costs or witnesses' expenses to any party, and each party is liable for their own legal costs and witnesses' expenses, under District Court (Small Claims) Rules 2007, rule 13 and District Court (Small Claims) Rules 2007, rule 10.
- If you fail to dispute the claim in time, the claimant may apply for judgment by swearing an affidavit of debt and lodging it with the Registrar together with a requisition for judgment and a Small Claims decree, under District Court (Small Claims) Rules 2007, rule 11.
- A decree obtained in default, or following determination of a disputed claim, may in certain circumstances be reviewed pursuant to the provisions on review of judgments applied under District Court (Small Claims) Rules 2007, rule 12.
Where and how to file the objection
The Notice of Dispute must be returned to the Small Claims Registrar identified on the Notice of Claim, being the District Court Clerk performing the duties and functions of Small Claims Registrar for the relevant district court area, as defined in District Court (Small Claims) Rules 2007, rule 1.
Where suitable electronic facilities have been established by the Courts Service and the relevant Judge (or, in the Dublin Metropolitan District, the President of the District Court) has so directed, service of a Notice of Dispute by the respondent on the Registrar may validly be made by electronic communication to the Registrar's published email address, subject to the conditions set out in District Court (Small Claims) Rules 2007, rule 15.
If the electronic transmission is not confirmed as delivered, or no response is received within seven days, the communication is treated as never sent, and the document must instead be served in the ordinary manner within eight days of that period, per District Court (Small Claims) Rules 2007, rule 15.
Step-by-Step Instructions
- Read the Notice of Claim carefully and note the date of service, since your response period runs from that date.
- Decide whether you accept or dispute the claim; if you dispute it, complete the Notice of Dispute (Form 53A.4).
- Return the completed Notice of Dispute to the Small Claims Registrar within the applicable period, either in person, by post, or, where permitted, by email to the Registrar's published address.
- If unsure how to complete the form, contact the Small Claims Registrar at the relevant District Court Office for assistance.
- Keep a copy of the Notice of Dispute and any proof of service or transmission for your records.
Notice of Dispute (Small Claims Procedure)
AN CHÚIRT DÚICHE THE DISTRICT COURT Dublin Metropolitan District / District Court Area of [insert district court area] District No. [insert number] CLAIM NO. [insert claim number] District Court (Small Claims) Rules 2007 NOTICE OF DISPUTE CLAIMANT: [Full name and address of claimant] RESPONDENT: [Full name and address of respondent] I, the above-named respondent, having received the Notice of Claim and copy claim dated [insert date of Notice of Claim], hereby give notice that I dispute the claim referred to therein. REASONS FOR DISPUTING THE CLAIM: [Set out in full the grounds on which the claim is disputed, including any relevant facts, dates and amounts] [Continue on a separate sheet if necessary] I confirm that the above statements are true to the best of my knowledge and belief. Dated this [day] day of [month] [year]. _________________________________ Signature of Respondent To: The Small Claims Registrar District Court Office [Insert address of relevant District Court Office]
Insert the claim number and district court details exactly as they appear on the Notice of Claim, and set out your grounds of dispute clearly and completely before signing and returning the form to the Registrar within the applicable period.
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Frequently Asked Questions
Under District Court (Small Claims) Rules 2007, rule 11, a respondent who fails to return the Notice of Dispute or Notice of Acceptance of Liability, and fails to contact the Registrar, within 15 days of service is held to have admitted the claim. You should verify against the current text of the Rules that this period has not since been amended.
You will be treated as having admitted the claim, and the claimant may apply for judgment by affidavit of debt together with a requisition for judgment and decree, under District Court (Small Claims) Rules 2007, rule 11.
No. The Court shall not award costs or witnesses' expenses to any party in Small Claims matters, and each party bears its own costs, under District Court (Small Claims) Rules 2007, rule 13 and District Court (Small Claims) Rules 2007, rule 10.
Yes, where the Courts Service has established suitable electronic facilities and the relevant Judge has so directed, service by email to the Registrar's published address is valid, subject to conditions on delivery confirmation set out in District Court (Small Claims) Rules 2007, rule 15.
In certain circumstances, yes. The provisions on review of judgments apply to decrees obtained under the Small Claims Procedure, with the parties bearing their own costs, under District Court (Small Claims) Rules 2007, rule 12.
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