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How does one take a case to district court without a solicitor?

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  • 20-02-2015 2:35pm
    #1
    Registered Users Posts: 48


    Hi,

    I have a dispute with a former client for a debt in the amount of €1000. Because the amount is so small I can't get a solicitor to take on the case. I'm getting zero replies to any emails I send.

    I can't take the case to small claims because they no longer deal with debts so, without providing legal advice, what exactly is the process one has to go through to take a case to district court?

    It sounds silly but there's literally no information on Courts.ie about how to do this. There are downloadable forms but with no instructions as to what to actually do with them.

    Do I just call up the local district court and say "yo, I wanna take someone to court?"

    Small claims has a very easy online process but anything above it seems to be incredibly confusing. Again, without offering me legal advice, could somebody explain to me how I go about moving this situation to the district court?

    Thanks for your help. I'm aware this sounds very green.

    *Oh and for the record, this is very open and shut. It's literally a case of the guy agreed to pay for services, I provided them, he expressed that he was happy with the work in emails, he proceeds to claim he can't afford to pay me for 8 months while driving a BMW. *


Comments

  • Registered Users Posts: 4,063 ✭✭✭Miaireland


    It probably is best to ring your local court clerk and take his advice.

    I would send a formal letter to the guy stating that if payment is not received in seven days court proceedings with start. Sometimes that can scare people into paying. Make sure you send it by registered post rather than email.


  • Registered Users Posts: 1,529 ✭✭✭234


    flanagain wrote: »
    Hi,

    I have a dispute with a former client for a debt in the amount of €1000. Because the amount is so small I can't get a solicitor to take on the case. I'm getting zero replies to any emails I send.

    I can't take the case to small claims because they no longer deal with debts so, without providing legal advice, what exactly is the process one has to go through to take a case to district court?

    It sounds silly but there's literally no information on Courts.ie about how to do this. There are downloadable forms but with no instructions as to what to actually do with them.

    Do I just call up the local district court and say "yo, I wanna take someone to court?"

    Small claims has a very easy online process but anything above it seems to be incredibly confusing. Again, without offering me legal advice, could somebody explain to me how I go about moving this situation to the district court?

    Thanks for your help. I'm aware this sounds very green.

    *Oh and for the record, this is very open and shut. It's literally a case of the guy agreed to pay for services, I provided them, he expressed that he was happy with the work in emails, he proceeds to claim he can't afford to pay me for 8 months while driving a BMW. *

    Telling somebody how to go about initiating and conducting litigation is almost the definition of legal advice. So nobody here will be able to help you. You might get some pointers from Courts Service staff, but again, they are not going to start giving you legal advice.


  • Registered Users Posts: 48 flanagain


    Miaireland wrote: »
    It probably is best to ring your local court clerk and take his advice.

    I would send a formal letter to the guy stating that if payment is not received in seven days court proceedings with start. Sometimes that can scare people into paying. Make sure you send it by registered post rather than email.

    Hi,

    Thanks so much for your help. That is literally what I needed to know.


  • Registered Users Posts: 905 ✭✭✭Uno my Uno.


    You need to phone a solicitor, tell them you have a Debt collection matter and ask for details about their Debt collection fee schedule.


  • Registered Users Posts: 905 ✭✭✭Uno my Uno.


    234 wrote: »
    Telling somebody how to go about initiating and conducting litigation is almost the definition of legal advice. So nobody here will be able to help you. You might get some pointers from Courts Service staff, but again, they are not going to start giving you legal advice.

    The OP is most definitely a request for legal advice.

    Incidentally the District Court Clerks and Counter staff will provide no help or assistance to members of the public if it could be construed as legal advice for the very simple reason they are not qualified to give it.


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  • Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Mod:

    OP, this is the third thread that you have opened on the subject of how to recover a debt.

    Please don't open another.


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