Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC, CC?

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computerman

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I was down in dolphin house today getting the 39.2 etc., etc., , however i noticed that the max claim is €6,348.69.

I have a claim for €6,400, where do I go or how do i process this?

Any help appreciated.
 
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Re: civil process.

The Circuit Civil Office. It's in the Four Courts complex. It has jurisdiction up to €38,000.
 
Re: civil process.

District court is chaeper and faster. Do you really need the €51.31? If not, waive the excess over the District Court jurisdiction and cary on.
 
Re: civil process.

If the District Court process was quicker and easier for a novice, I would be inclined to sue through the district court.

Incidently (I just had a thought), the amount Im claiming for is for two invoices - can I sue for each invoice seperately - at the same time? thereby keeping the individual amount beneath the DC threshold?
 
Re: civil process.

The District Court is not faster in the current times. To the OP go for CC jurisdiction as you will get your costs on CC scale which are higher than DC.
 
Re: civil process.

computerman said:
I was down in dolphin house today getting the 39.2 etc., etc., ,
Click to expand...

I dont understand your question. In the interest of clarity and for other posters who may have the same or similar question perhaps you could expand a little.

What a "39.2"?

aj
moderator
 
Re: civil process.

ajapale said:
I dont understand your question. In the interest of clarity and for other posters who may have the same or similar question perhaps you could expand a little.

What a "39.2"?

aj
moderator
Click to expand...

A form. One of the forms required for civil process, other forms include affidavit (not responsible for spelling!)
Notice to defend etc.

Actually it might be a good idea to list somewhere the forms required for a cc and a dc judgement.
 
Re: civil process.

Thanks computer man!

Again forgive me if im a bit pedantic here but can you clarify what "Civil Process" is? And what functions are carried out in Dolphin House? (assume its in Dublin).

aj
 
Re: civil process.

Is this section not "ask about law"?


http://www.askaboutmoney.com/showthread.php?t=104069&highlight=dolphin+house

dolphin house is a court

civil process or Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced, what kind of service of process (if any) is required, the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks must function. Civil Procedure is one of the first-year law school courses mandated by the American Bar Association.
 
Re: civil process.

Sorry for butting in, but, if the op is asking a legal question, in the legal forum, would it not be a given, that the person the question is aimed at would understand the question?
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

OK I have processed my stuff for the District court. There are many threads relating to the above but none are clear and concise. If this can be of any use to any one - well and good!

STEP 1. www.courts.ie

step 2. go to Rules and Fees.

step 3. go to District court schedules (RULES)

step 4. Schedule c forms in civil proceedings

step 4 go to schedule c. PDF (at the bottom of the page)

step 5 civil summons are on pages 6 and 8 (print off)

step 6 Notice of intention to defend on page 25 (print off 2 copies)

step 7 Go to commissioner for oaths / solicitor and swear affidavitt (10 euro)(if you need help here pm me)

step 8. Back to district court (aras ui dhailagh) four courts. get forms stamped (20 euro)

step 9. Go to District Court (Civil Office) in Dolphin house (temple bar) and get a date.

step 9. if suing a private individual send registered post. (post civil summons and 2 copies of notice to defend) if a company, ordinar prepaid post will do , but get a receipt from the post office.

step 10 wait 14 days and see if you get a reply on the Notice to defend.


Hope that the above saves someone all the wasted time I had to go through .
 
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Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Save yourself the hassle of going to the Circuit Court and issue proceedings in the District, just limit your claim to the jurisdiction of the court.

And consider investing in a solicitor, especially if there is any chance the defendant will dispute the claim.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Again I will reiterate, cir. court. get a solicitor, district court do it yourself.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Agree.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Computerman I love your step by step guide. Just what's needed as most solicitors are not going to chase such 'small' debts though the courts for a sum much less than the amount of the small debt.
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

Sorry for jumping in on this thread but I was wondering if this is the procedure for collecting a debt from a private individual. Long story short I am owed a large sum of money from an ex ( €40,000) - could I purue this through the CC as outlined above? Letters from a solicitor have had no response.

Thanks
 
Re: Civil recovery of debt (Form 39 rev 2), invoices €6,400. How best to proceed? DC,

If it is over €38000 you will have to go to the high court.
 
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