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Dáil Éireann debate -
Tuesday, 25 Jun 2002

Vol. 553 No. 5

Written Answers. - Small Claims Court.

Seán Haughey

Question:

355 Mr. Haughey asked the Minister for Justice, Equality and Law Reform his views on delays in the Small Claims Court and the inability of this court to enforce its decisions; the action he can take in this regard; and if he will make a statement on the matter. [14661/02]

The small claims procedure is intended as an alternative procedure to civil proceedings in the District Court for consumers where the amount in dispute is less than €1,269.74, £1,000. The actual time taken to deal with any case will depend on a number of factors, including, whether it is disputed, the amount of mediation required to settle the matter and whether the case needs to be referred to court.

I am informed by the Courts Service that, in general, the waiting time to have a case dealt with under the small claims procedure averages three to six months. The method of enforcing orders made by the Small Claims Court is the same as that of any other civil court, that is, where payment is not made on foot of a court order in sufficient time by the respondent, the matter is generally sent to the sheriff for enforcement. Courts do not enforce their own decrees.

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