Making A European Small Claim

ImARebel

Hi,

I was wondering could someone help me, under advice from the ECC I've decided to pursue a European small claim. I went to courts.ie and found the closest court to me that it says deals with this, this being Portlaoise court offices. Before Christmas, I took time off work and I went in and lodged the claim in person but it was clear at the time they'd never seen one before and didn't know what I was talking about.

Anyway last week I got my fee and paperwork back saying they don't believe it's the correct place to make the claim, despite any reading I've done being to the contrary. They believe it's a jurisdiction issue. They are clearly listed on courts.ie and the European courts website as the court to handle my claim. My understanding from reading is that the claim can be made in the jurisdiction of the claimant or else the jurisdiction of the defendant. I opted for my own jurisdiction

I've since contacted them to query why they returned the papers to me but have got no response since to either of my queries. I've sent screenshots and quoted relevant websites and I believe I was correct in my application. So I'm assuming their lack of response is their way of saying get lost.

So where do I go from here? How do I make a European small claim? Where do I make it?

Any advice would be appreciated, thanks.

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Also here is where I got my info (I did register is with my local District Court Office):
How do I start the procedure in Ireland?
You must fill out a European Small Claims Procedure claim form, giving details of your claim, the amount you are seeking and any other details required. The amount claimed cannot exceed €2,000, excluding interest and expenses. You must then lodge it with the Registrar in your local District Court office. The claim and any other supporting documentation must be in English or Irish, Ireland’s official languages.

And attached is the screenshot that led me to think Portlaoise was the correct jurisdiction

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I've probably missed something really obvious but I'd really like to get this claim in, might come to nothing but no harm in trying.

Thanks!

Denny_Crane

Have you tried ringing the courts services in the big smoke? They might be able to give you some direction or even ring Portlaoise and give them some guidance.

It'd be great if you'd keep the thread updated for future reference!

ImARebel

Doh, never thought of that, lol

yes no problem I can update this thread when I've got more info.

ImARebel

Ok I rang Dublin and they didn't know either but thought that what I'd done was correct. So I'm no closer to a solution.

So even if I do lodge the claim again with Portlaoise do they even know what to do with it? I'll try and get some more info from elsewhere

I'll keep you posted.

Denny_Crane

You could try your local FLAC and see if one of the volunteers (generally solicitors and barristers) have any idea. Given the issue you've had you might also try firing off an email to academics in the area. She might just wonder who the hell you are but Ewa Komorek is an expert in Consumer Law and European Law. A couple of lines about your difficulty in a paper might be enough for her to fire you back a suggestion or two.

ImARebel

Thanks so much Danny I'll give it a go. Seems weird that no one really knows. The website (to my mind) if it's correct then Portlaoise is the correct court ie it has the jurisdiction. Maybe they've just not handled many (or any of these) before. I definitely met a glazed expression when I mentioned it and no one was really willing to take it only that I pushed the point.

I'll keep you posted.