How to respond to a small claim

Accept the claim

If you agree with the claim made against you, you must complete and return the Notice of Acceptance of Liability form. This lets the court and the claimant know that you accept the claim and are willing to resolve it.

Complete your Notice of Acceptance of Liability form

You must fill out the Notice of Acceptance of Liability form and return it to the small claims registrar. You can do this:

• By post
• In person at the court office where the claim was issued

When accepting the claim, you can:

• Pay the full claim amount
• Pay the amount in instalments
• Offer a repair or replacement of the good or service

How to make payment

You can pay:

• By cheque made payable to the claimant (send it to the court office, who will forward it)
• Directly to the card used for the purchase
• By bank transfer, if you have the claimant’s bank details

If you are offering a repair or replacement, contact the small claims registrar to arrange the details.

What happens next

• The registrar will send a copy of your form to the claimant.
• Both you and the claimant will be informed of the agreed payment or settlement method.
• Once the amount is paid or a repair/replacement is complete, the case will be closed.

Dispute the claim

If you do not agree with all or part of the claim made against you, you must complete the Notice of Dispute form and return it to the small claims registrar.

Complete your Notice of Dispute form

When filling in the form, you should:

• Explain why you do not agree with all or part of the claim
• Give details about what happened and when it happened
• Include evidence to support your dispute (for example, repair quotes, receipts, or messages)

You can return your form:

• By post
• In person at the court office where the claim was issued

What happens next

After you return your completed form, one of two things will happen:

Your claim is settled

The registrar will send your response to the claimant and ask for their reply. They will then speak to both sides to try and settle the dispute without going to court.

A settlement might include:

• Paying an agreed sum
• Paying an agreed sum in instalments
• Offering a repair or replacement of the good or service

If the claimant accepts your offer and it is completed, the case will be closed.

Your claim goes to court

If no agreement can be reached, the case will go to a hearing in the District Civil Court. Both parties will receive a Notice of Hearing in the post with the date, time, and location.

• A business must have legal representation in court
• The judge cannot award legal costs or witness expenses

Going to court can be stressful. See our preparing for Civil Court pages for guidance.

Make a counterclaim

If you think the claimant was at fault, you can make a counterclaim using the Notice of Dispute form.

Complete the counterclaim section of your Notice of Dispute form

On the form, you will need to:

• Explain why you are making a counterclaim
• Attach any evidence to support your claim, such as repair quotes or receipts

Return the completed form and the €25 fee to the small claims registrar either:

• By post
• In person at the court office where the claim was issued

If your counterclaim is rejected, the fee will be refunded.

What happens next

After submitting your counterclaim, one of two things will happen:

Your claim is settled

The registrar will send your counterclaim to the claimant and ask for their reply. They will try to help both parties reach a settlement without going to court.

A settlement might include:

• Paying an agreed sum
• Paying an agreed sum in instalments
• Repairing or replacing a good or service

If the claimant agrees and the outcome is completed, the case will be closed.

Your claim goes to court

If no agreement is reached, the case will be heard in the District Civil Court. Both sides will get a Notice of Hearing with the date, time, and location.

• A business must have legal representation in court
• No costs or witness expenses can be awarded

What happens if you do not respond to the claim

Once you have been served with a small claim, you have fifteen calendar days to respond. If you do not respond within this time, the claimant can apply for a judgment without your reply. This is called Summary Judgment.

If you have not received a response

If you do not receive any update from the court office, you should contact the small claims registrar to confirm the status of your case.

Complete your Affidavit of Debt

If the registrar confirms that the claim was served and you did not respond, the claimant can apply for Summary Judgment. In this case, the registrar will send the claimant an Affidavit of Debt form to complete and swear that no response or payment was received.

The claimant can swear the Affidavit of Debt:

• At the relevant court office in front of the small claims registrar
• At another court office, and then post it to the relevant office
• In front of a practising solicitor or Commissioner for Oaths (a fee may apply)

Once sworn, the claimant has thirty calendar days to return the signed Affidavit to the court office. If they do, the small claims registrar can grant Summary Judgment.

You receive a Notice to Pay

Once Summary Judgment is granted, you will receive a Notice to Pay in the post. This gives you fourteen calendar days to pay the amount owed.

If you still do not respond or pay

If you do not pay or appeal within fourteen days, the claimant will be issued a Decree. This is a court order stating what you owe.

The Decree can be enforced by the Sheriff's office. This may involve seizure of goods or other enforcement actions. A fee applies to have a Decree enforced.

If you never received the original claim

If Summary Judgment has been awarded against you and you can prove that you never received the original claim documents, you should contact the small claims registrar immediately. They will advise you on what steps to take next.

For more details, see our page on how small claims are enforced.