Small claims procedure in Ireland: how to make a claim
The small claims procedure is a low-cost way to bring a modest civil claim in the District Court without a solicitor. It is run by the Small Claims Registrar, a District Court clerk who receives your claim, sends it to the other side, tries to broker a settlement and, if that fails, refers the case to a District Judge for a short hearing. The procedure is set out in Order 53A of the District Court Rules, substituted by the District Court (Small Claims) Rules 2009.
It covers consumer claims against a trader for faulty goods or poor services, claims for minor damage to your property (not personal injuries), claims by a tenant for the return of a rent deposit where the dispute cannot go to the Residential Tenancies Board, and business-to-business claims about goods or services bought. It does not cover debt collection, claims under consumer credit or leasing agreements, or personal injuries. The claim limit is currently €2,000 and the application fee €25; both figures should be checked with the Courts Service before you apply.
This guide takes you through preparation, the online or paper application, what happens when the respondent replies or ignores the claim, the hearing, enforcement and the European Small Claims Procedure for cross-border cases.
Key facts
Deadline
The respondent has 15 days from service of the Notice of Claim to admit, dispute or counterclaim, and if it does nothing the claim is treated as admitted; the claim itself must generally be started within 6 years of the breach of contract or damage under the Statute of Limitations 1957.
What to do
- Check that your claim fits the procedure. A consumer small claim is a claim by a consumer against a seller of goods or services, a claim for minor damage to your property (excluding personal injury), or a tenant's claim for the return of a rent deposit or key money where the dispute is not one the RTB can hear. A business small claim is by a business buyer against a business seller about goods or services, excluding debt or liquidated damages. Consumer credit and leasing agreements are excluded. The amount claimed must not exceed the small claims limit, currently €2,000 under the 2009 Rules; check the figure with the Courts Service, as it may be revised. You cannot split a larger claim to bring it under the limit.
- Try to resolve it first and gather evidence. Write to the other side setting out the problem, what you want (for example a refund of €650) and a deadline. Keep copies. Collect the contract or order confirmation, receipts, bank statements, photographs, expert reports or quotes, and all correspondence. If you bought from a trader in another EU country, contact the European Consumer Centre Ireland first. Courts increasingly expect parties to consider mediation or other alternatives before litigating, and a clear written attempt to settle often produces payment without a claim.
- Identify the correct respondent and court office. You must give the respondent's correct legal name and address, otherwise any decree cannot be enforced: for a company, check the name and registered office on the Companies Registration Office (CRO) register, and for a sole trader, the owner's name and business name. Apply to the Small Claims Registrar for the District Court area where the respondent lives or carries on business, or where the contract was made. A claim lodged in an office without jurisdiction can be dismissed, wasting the fee and months of time.
- Make the application. Apply online through the Courts Service small claims service or on paper using Form 53A.1, lodged with the Small Claims Registrar at the District Court office. Describe the claim briefly and factually: what was bought or done, when, what went wrong, what you have asked for and the amount claimed. Attach copies (not originals) of your key documents. Pay the fee, currently €25. The Registrar may contact you to clarify the facts. If the claim is outside the procedure or the respondent cannot be identified, the Registrar will tell you and refund the fee.
- Wait for the respondent's reply. The Registrar serves a Notice of Claim on the respondent by registered post or, where permitted, by email. The respondent then has 15 days to admit the claim and pay (or offer to pay by instalments) using Form 53A.3, or to dispute it, and optionally counterclaim, using Form 53A.4, with its own fee for a counterclaim. If the respondent admits and pays, the Registrar forwards payment and the case closes. If it offers different terms, the Registrar asks whether you accept. Respond promptly to any letters from the Registrar.
- If there is no reply, apply for judgment. Where the respondent neither admits nor disputes the claim within the time allowed, it is deemed to have admitted the claim. You can then ask the Registrar for a decree by swearing an affidavit of debt (the Registrar can take your affidavit free of charge) and lodging a requisition for judgment. The decree is issued and the respondent is notified. A respondent with a genuine reason for not replying can apply to have the judgment set aside, so make sure the Notice of Claim went to the right address.
- If the claim is disputed, prepare for the hearing. The Registrar first tries to settle the dispute, and may interview both sides. If no settlement is reached, the Registrar refers the claim to the District Court and notifies you of the date, time and place. The hearing is informal compared with other court cases, but you must prove your claim: bring the originals of your documents, photographs, and any witness or expert who can confirm the facts. The judge can decide the claim, the counterclaim or both. No legal costs or witness expenses are awarded in a small claim, so each side bears its own.
- Enforce or appeal the decision. If the respondent does not pay a decree, the Registrar can advise you on enforcement, which normally means an execution order for the sheriff or county registrar, an instalment order, or other enforcement steps in the District Court. Either side may appeal a District Court decision to the Circuit Court within a short period, generally 14 days of the order (check the current time limit and fee with the court office). For a claim against a trader in another EU member state (except Denmark), you can use the European Small Claims Procedure, which covers claims up to €5,000 and is also run through the District Court.
What to watch out for
- Wrong legal name for the respondent. A trading name or website name is not enough; a decree against the wrong entity cannot be enforced, so check the CRO register or the trader's invoices.
- Claiming more than the limit. If the claim exceeds the small claims limit you must abandon the excess or use an ordinary District Court civil summons, which involves more formality and possible costs.
- Using the procedure for the wrong type of dispute. Deposit disputes covered by the Residential Tenancies Act go to the RTB, employment claims to the WRC, and debt collection to an ordinary summons.
- Ignoring the Registrar's letters. Missing a hearing date or failing to answer queries can lead to the claim being struck out or a counterclaim succeeding by default.
- Expecting the court to enforce automatically. A decree is an order to pay; if the respondent has no assets or has ceased trading, recovery may be difficult and further enforcement steps cost money.
- Leaving it too late. Contract claims must generally be brought within 6 years, but evidence and witnesses fade, and traders close, long before that.
Legal basis
Related court decisions
Frequently asked questions
What is the small claims limit in Ireland?
Under the District Court (Small Claims) Rules 2009 the limit is €2,000. Limits are periodically reviewed, so check the current figure with the Courts Service before you apply. Cross-border claims within the EU can use the European Small Claims Procedure, which covers claims up to €5,000.
How much does it cost to make a small claim?
The application fee is currently €25, and a respondent who makes a counterclaim pays the same fee. You do not need a solicitor, and the court does not award legal costs in small claims, so each side bears its own expenses.
Can I make a small claim online?
Yes. The Courts Service runs an online small claims service where you can submit the claim, pay the fee and track progress. You can also lodge a paper Form 53A.1 at the District Court office, where staff can help you complete it.
Can I use small claims to recover money someone owes me?
Not for a simple debt between businesses or an unpaid loan. Business small claims exclude debts and liquidated damages, and consumer claims must relate to goods or services bought, minor property damage or a rent deposit. Debts are pursued by an ordinary civil summons.
What happens if the business ignores my small claim?
If the respondent does not reply within 15 days of service, it is treated as admitting the claim. You can then swear an affidavit of debt before the Registrar and obtain a decree, which can be enforced if not paid.
Can I use small claims for my rent deposit?
Only where the Residential Tenancies Board cannot deal with the dispute, for example if you rented a room in the landlord's own home. Deposit disputes for tenancies covered by the Residential Tenancies Act 2004 must be referred to the RTB.
Do I have to go to court?
Often not. Many claims are paid or settled once the Registrar serves the Notice of Claim, and the Registrar tries to settle disputed claims. Only if that fails is the case listed for a District Court hearing, where you present your evidence to the judge.
Can I sue a company in another EU country?
Yes, through the European Small Claims Procedure for claims up to €5,000, using the standard Form A lodged with the District Court. The judgment is enforceable in other member states without further formalities. The European Consumer Centre Ireland can help with the forms.
Can I appeal a small claims decision?
Either party can appeal a District Court decision to the Circuit Court. The time limit is short, generally 14 days from the order, and a fee is payable. Check the exact requirements with the District Court office before the deadline.
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