Dáil Éireann Debate, Wednesday - 31 March 2010
136 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform his views on allowing the small claims court procedure to be used by businesses to cover debts; and if he will make a statement on the matter. [14074/10]
View answerThe Small Claims procedure is an alternative method of dealing with a civil proceeding in respect of a small claim. The majority of claims are dealt with by administrative staff in local District Court Offices. Typical claims are in respect of goods or services purchased from someone selling them in the course of a business for minor damage to a property (excluding personal injuries) and for the non-return of a rent deposit for certain types of dwellings.
Since 5th January 2010 the procedure has been expanded to allow for business to business claims of the same nature. The procedure does not cover claims in respect of debts, personal injuries or breaches of leasing or hire purchase agreements. Cases of this kind are deemed unsuitable for the mainly administrative nature of the procedure. I am advised that such cases would be more likely to result in court hearings with a consequential impact on service levels and waiting times for cases to be heard. Cases relating to debt may of course be dealt with by way of a civil bill.
The operation of the small claims procedure is kept under review in my Department.
