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



## computerman (12 Mar 2009)

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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## McCrack (12 Mar 2009)

*Re: civil process.*

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


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## Ravima (12 Mar 2009)

*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.


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## computerman (13 Mar 2009)

*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?


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## McCrack (13 Mar 2009)

*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.


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## ajapale (13 Mar 2009)

*Re: civil process.*



computerman said:


> I was down in dolphin house today getting the 39.2 etc., etc., ,



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


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## computerman (13 Mar 2009)

*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"?
> 
> ...


 
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.


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## ajapale (13 Mar 2009)

*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


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## computerman (13 Mar 2009)

*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.


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## ajapale (14 Mar 2009)

*Re: civil process.*



computerman said:


> Is this section not "ask about law"?



Yes it is, but posters are reminded to understand and abide by the posting guidelines.

In this case:
.


aj
moderator


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## locksmith (14 Mar 2009)

*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?


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## ajapale (14 Mar 2009)

*Re: civil process.*

A similar question has also been asked here Sue a debtor without a solicitor.

I have expanded the question to more fully reflect the question.


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## computerman (15 Mar 2009)

*Re: civil process.*



ajapale said:


> A similar question has also been asked here Sue a debtor without a solicitor.
> 
> I have expanded the question to more fully reflect the question.


 
Appreciated, however from the question you will see I have the information regarding the DC, however as the amount exceeds the jurisdiction of the DC, information pertaining the the CC would be more appropriate.


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## computerman (19 Mar 2009)

*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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## lawdable (21 Apr 2009)

*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.


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## computerman (23 Apr 2009)

*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.


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## bond-007 (23 Apr 2009)

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

Agree.


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## Bronte (23 Apr 2009)

*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.


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## Havana (23 Apr 2009)

*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


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## bond-007 (23 Apr 2009)

*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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## Havana (23 Apr 2009)

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

I'd happily settle for 38k - certainly better than the zero I'm currently getting!! So this process is possible if I restrict it to the 38k?

Thanks


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## bond-007 (23 Apr 2009)

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

Yes.


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## Havana (23 Apr 2009)

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

Thanks I'll look into it


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## lawdable (30 Apr 2009)

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

For €40,000 get your solicitor to issue proceedings in the Circuit Court.

But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.


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## Stifster (30 Apr 2009)

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



lawdable said:


> For €40,000 get your solicitor to issue proceedings in the Circuit Court.
> 
> But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.


 
Why would you go in the Circuit Court? High Court proceedings are just as fast (or slow I suppose) if run properly.


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## Askar (1 May 2009)

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

I would caution any DIY litigant to make an appropriate assessment before suing, as the exercise may be a waste of time if one obtains a successful judgment and is still an unsecured creditor in a long line of creditors. You will also need to be clear as to who is the correct defendant i.e. individual or company and does that entity have assets/income which can be used to pay off the debt. Getting judgement is only one step of the way as you may have to seek to enforce that judgement. Also, do not underestimate the time and energy this is going to take you.


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## lawdable (2 May 2009)

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

Stifster,

The reason for going to the Circuit Court when there is any potential for dispute is that there will be costs implications if the other party can demonstrate to the court that they are entitled to offset €2,000 out of the €40,000.

Where you issue in a higher court and you are given an award within the jurisdiction of a lower court, you are usually only awarded costs on the lower court's scale and are ordered to pay to the defendant the difference between their High Court costs and what the costs would have been in the Circuit Court.

Ans your own costs will be lower.


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## Havana (2 May 2009)

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



lawdable said:


> For €40,000 get your solicitor to issue proceedings in the Circuit Court.
> 
> But take legal advice, often in relationships, even ones falling short of marriage, there are complicated issues of ownership in relation to property or funds.



Thanks,


Thankfully there was never any property - we never even lived together and there was no joint accounts or finances in anyway.


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## Bronte (4 May 2009)

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



Havana said:


> Thanks,
> 
> 
> Thankfully there was never any property - we never even lived together and there was no joint accounts or finances in anyway.


 
Can you prove that you loaned the money to someone else?  Does that person have the money or assets?  As another poster pointed out there is no point suing someone who has nothing which is more commonly known as a man of straw.


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## bond-007 (4 May 2009)

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

Someone should tell the banks that.


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## Havana (4 May 2009)

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



Bronte said:


> Can you prove that you loaned the money to someone else?  Does that person have the money or assets?  As another poster pointed out there is no point suing someone who has nothing which is more commonly known as a man of straw.



I can prove a certain amount of it and he has never disputed it though if it went to court i'm sure that could change.

i'm not too optimistic of his ability to pay and for the most part have written it off as a lesson learned and figure I'll never see it again. But it still sticks in my gut that someone could get away with something like that. But yeah, not too sure if there is any point of putting myself through the stress of court.


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## jasonwaters (27 Jul 2009)

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



computerman said:


> 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
> 
> ...



Thanks for your great summary, as this is my first time to do this I have a question on step 5.

Do i need to fill out both 39.1 (Civil Summons) and 39.2 (Civil Summons for a debt or liquidated money demand) or just one?

In my case, I have been promised the return of a €1000 desposit over and over again for past six months, and suspect it will never be returned unless I take further action.


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## bond-007 (27 Jul 2009)

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



> 39.2 (Civil Summons for a debt or liquidated money demand)


Just that one.


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