Small Claims Procedure Flashcards

1
Q

What is the aim of the small claims procedure?

A

It aims to provide an inexpensive, fast and easy way for consumers to resolve disputes with retailers or service providers without the need to employ a solicitor

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2
Q

What are the advantages of the small claims procedure?

4

A

Inexpensive

Fast

Easy way to resolve the dispute

No need to employ a solicitor

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3
Q

What is the small claims procedure used for?

A

To resolve disputes between consumers and retailers or service providers

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4
Q

What is the small claims court part of?

A

It is part of the District Court Office

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5
Q

What is the max claim that can be made in the small claims court?

A

2000 euro

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6
Q

List the steps in using the small claims procedure

7

A

The claimant fills in an application form

Complaint is registered

Note of Claim is sent to the respondent

Respondent replies within 15 days

If claim is disputed than the small claims registrar will try to resolve the issue

If there is no response than it is taken that the respondent admitted the claim

Respondent has 28 days to comply with the judgement

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7
Q

What is the claimant?

A

A person making a claim

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8
Q

What is a person making a claim called?

A

A claimant

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9
Q

What is a respondent?

A

A person/business against whom a claim is filled

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10
Q

What is a person/business against whom a claim is filled called?

A

A respondent

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11
Q

How much does the claimant have to pay to have their application form processed?

A

25 euro

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12
Q

What happens when the complaint is registered?

A

A Notice of Claim is sent to the respondent

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13
Q

What can the respondent do when they receive the Notice of Claim?

A

They can admit, dispute, ignore the claim or counterclaim

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14
Q

How long does the respondent have to reply to the Notice of Claim?

A

15 days

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15
Q

What happens if the respondent disputes the claim within 15 days?

A

The Small Claims registrar will try to resolve the issue

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16
Q

What happens if the dispute cannot be resolved?

A

It may be referred for a court hearing

17
Q

What happens if the respondent does not respond within 15 days?
(2)

A

It is taken that they have admitted the claim

The claim is then settled in favour of the claimant

18
Q

How long does the respondent have to comply with the judgement of the claim?

A

28 days