Vol. 515 No. 6
256 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the percentage of cases in which decrees issued by the small claims office of the District Court and lodged with the sheriff for execution are returned by the sheriff marked "nulla bona"; if he has satisfied himself that the system for the execution of the decrees falling within the small claims jurisdiction is adequate, efficient and effective; and if he will make a statement on the matter. [6890/00]
The small claims procedure is a special mechanism for dealing with consumer claims within the District Court structure which is designed to handle such claims speedily, inexpensively and informally without involving a solicitor. It is administered by the small claims registrar whose function it is to process the claims and, if possible, reach a satisfactory settlement without the need for a court hearing. Should this prove unsuccessful the claim will go before the District Court judge. The small claims procedure was initially introduced on a pilot basis in 1991 and was extended nationwide in 1993 following on from the success of the pilot scheme. The current fee payable for using the procedure is £6 and the monetary limit which applies to claims made under the procedure is £1,000.
To avail of the procedure a person must have bought goods or services for private use from someone selling them in the course of business. For example, claims may be made for bad workmanship or faulty goods but not for debts or personal injuries. When the scheme was extended in 1993, the non-return of rent deposits and minor damage to private property were brought within the scope of the procedure.
In 1998, 343 decrees were issued by the District Court to the various sheriffs. Some 157 decrees were returned unenforced, “nulla bona” by the sheriffs.
