Small claims court proves to be victim of its own success

The success of the small claims system has led to delays in processing these claims at Dublin Metropolitan District Court.

The success of the small claims system has led to delays in processing these claims at Dublin Metropolitan District Court.

Mr Colin Daly, legal adviser for the European Consumer Centre (ECC), says it can take up to three months before a small claim goes to court.

In 1998, 1,150 people filed applications with the small claims court located in the Dublin Metropolitan District Court. Despite consumers increasing demand for this legal device, there are only three staff members employed to process the small claims information.

Fortunately, suburban consumers have other options. The ECC is advising those living on the north side of the city to file in the Swords' small claims court. Southsiders may send their claim to Dun Laoghaire's court. The volume at these locations is much lower than in central Dublin. Two years ago, for example, these venues received just 223 and 70 claims respectively.

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In normal circumstances, it takes two months to list a court date once all other procedures have failed to reach a settlement, says Mr Daly. Once a complaint is received, a letter is sent to the defendant who has 15 days to reply to the allegations.

The answer, if any, is forwarded to the consumer and the small claims registrar tries to negotiate a settlement between the two parties. If no agreement can be reached, then the date is set for a hearing before the small claims court.

The ECC is producing a new guide to the Small Claims Court for consumers.