# Unpaid Invoice - small claims court



## Hebs (7 Jun 2011)

I have a client who has owed me €450 for over a year now. I've taken the softly-softly approach and given him every opportunity to pay (I've been getting fobbed off with excuses since January) so now I need to take some legal action, because I really need this money. 

Am I right in thinking that I can't use the small claims court? (he owes me the money and there's no dispute... apart from him not paying!) If so, any ideas for other courses or action? 

Thanks.


----------



## Sue Ellen (7 Jun 2011)

The info for the Small Claims Court is here.

If you run the search option on the main page you may get some previous threads which may give you some advice.  

I don't quite understand your point about there being no dispute, if he won't pay the money then there's a dispute which appears to entitle you to use the services of the Small Claims Court.


----------



## dahamsta (7 Jun 2011)

Seems pretty clear to me that the OP is stating that the client isn't disputing that they owe the money, they're just not paying it.


----------



## Sue Ellen (7 Jun 2011)

Hebs said:


> *Am I right in thinking that I can't use the small claims court?* (he owes me the money and there's no dispute... apart from him not paying!) If so, any ideas for other courses or action?





dahamsta said:


> Seems pretty clear to me that the OP is stating that the client isn't disputing that they owe the money, they're just not paying it.



Which seems to make the OP feel that he can't use the Small Claims Court.


----------



## kkelliher (7 Jun 2011)

from memory the small claims court is reserved for consumers against a business. A business cannot take action against another business through the small claims court. 

I am open to correction but dont think the op can go through the small claims court.


----------



## Hebs (7 Jun 2011)

Yes, kkelliher, I read the small claims court guidelines and although a business can now take action against another business it seems that money has to have exchange hands for a claim to be made.  

There is absolutely no way he can dispute that he owes the money, he just doesn't want to pay it. 

I did some work for him which involved putting an ad in a newspaper. I paid for the ad because he said he didn't have a credit card and he said he would send me a cheque by return. I would never normally do this but I (stupidly) trusted him. 
He has paid for the rest of the work I did for him and was happy with the work. 

So, any ideas for getting the money back that wont end up with me being even more out of pocket? 

Thanks.


----------



## kkelliher (7 Jun 2011)

i had similar situations and you have to generally spend more to get it back. You could look at debt collection (they will take a substantial %), business pro (template letters associated to stubbs gazette) or similar but they all cost.

I wrote it off as no point in throwing good money after bad. At €450, you woudl struggle to get a solicitor to write one letter for that amount.

Alternative option is to stand outside the property of the person with a large sign stating he ows you money and refuses to pay. Have seen this work on a debt of >100k


----------



## Hebs (8 Jun 2011)

Thanks for your help. It's a pity the small claims court can't be used for cases like this. I really think a lot of people are using the recession as an excuse to not pay bills, regardless of their ability to pay. 

Will let you know how I get on.


----------



## T McGibney (8 Jun 2011)

The Small Claims Court isn't half as effective as its media cheerleaders pretend. There's no point in chasing someone through the Small Claims Court if they're not going to pay you at the end of the process.


----------



## dahamsta (8 Jun 2011)

I've never had to resort to it myself, but my old man swore by packing his burly brothers into the car and having them all pile out of it in sight of the person responsible. That's as far as he ever had to take it.


----------



## HostBidder (10 Jun 2011)

What reason is he giving for not paying? Is he simply saying he can't afford to pay?

Do you have reason to believe that he can pay?


----------



## Hebs (14 Jun 2011)

Dahamasta, I might need to borrow those brothers!
My Uncle used to be a debt collector and he's offered to pay him a visit for me. Problem i, I know he's out on the road a lot doing long distance lorry driving. 

Hostbidder - yes, I know he can pay because he's working full time. He keeps telling me he's going to pay and then just doesn't. He told me he was struggling at the start of the year and I agreed that he could send me 4 postdated cheques. I even sent him an SAE, but nothing. He's just a chancer.


----------



## One (23 Jun 2011)

I don't think you can use the small claims court for this because the small claims court cannot be used for debt collection which is essentially what your claim is. There seems to be no doubt that that you are owed the money. Ring the district court and ask to speak to the district court clerk and he/she will know. Let us know how you get on.


----------

