Sole Trader - can I use Small Claims for debt owed??

Willow216

Hello,



I'm a sole trader. Can I use small claims court to try recover a debt owed to me by a customer who operates as a limited company?


Goods were delivered 6 months ago, my payment terms are 30 days.
They have been sent monthly statements, and a few phone calls the last month.


The debt is less than €500.


If it is possible to use the small claims for reason above, does anybody know if I can also add on the EU late payment interest to a claim?


I promise I have tried to research online first, but can't find a straight answer!



Thank you

mickdw

Willow216 wrote: »

Hello,



I'm a sole trader. Can I use small claims court to try recover a debt owed to me by a customer who operates as a limited company?


Goods were delivered 6 months ago, my payment terms are 30 days.
They have been sent monthly statements, and a few phone calls the last month.


The debt is less than €500.


If it is possible to use the small claims for reason above, does anybody know if I can also add on the EU late payment interest to a claim?


I promise I have tried to research online first, but can't find a straight answer!



Thank you

I think its only for consumer v business transactions.

Willow216

Ok, nevermind. I just found a random blog post on domybooks.ie about sole traders using small claims...

The consumer or business must have purchased goods or services from someone selling them in the course of business. Claims cannot be made in respect of debts, personal injuries or breach of leasing or hire purchase agreements.

Thanks Mickdw - you can definitely use it now for business V business, (as in a business buys a faulty item from another business for 'business usage') but unfortunately not for debts owed it would seem.

BobMc

I wish, could have used it few times over the years, its a systme thats badly needed in this country, law is a joke when it comes to debt recovery and those that abuse it know it all too well !!!

Willow216

It is a joke, very unfair.

I have the purchase order from customer.
The POD from courier company who delivered goods.
Invoice emailed and acknowledged.
Statements of accounts sent each month.

With all the above it should be so straight forward and affordable to get a court order for small debts.

BobMc

It is, how hard to have a mechanism similar to small claims for debt recovery, they did try a bit with Interest allowable on debts but good luck calculating it and even less hope collecting it and the cost involved in invoices and statements