Creditors often assume the choice of court is strategic. It is largely arithmetic: the amount claimed determines the jurisdiction, and the jurisdiction determines what the exercise will cost. The strategy sits elsewhere entirely.
The Thresholds
The civil jurisdiction of the District Court in contract and most other matters is €15,000, with a simplified small claims procedure for claims below €2,000. The Circuit Court’s civil jurisdiction in matters other than personal injuries is €75,000. Above that, the High Court. These figures are set by statute, are subject to change, and should be confirmed before anything is issued. Two refinements are worth knowing. Parties may agree to lift the Circuit Court limit and confer unlimited jurisdiction by consent, which is occasionally useful where both sides prefer the lower cost. And a claim generally cannot be inflated to reach a higher court, nor can one claim be artificially split into several to stay within a lower one — the second in particular can be fatal to the later claims. On the small claims procedure: for a modest undisputed debt it is often the sensible route and you should be told so rather than sold proceedings. A solicitor recommending you instruct them on something you could do yourself for a fraction of the cost is not advising you.
Venue, the Summary Summons, and Where the Strategy Actually Is
Venue turns on connecting factors — for debt claims commonly where the defendant resides or carries on business, or where the contract was made or was to be performed. Proceedings issued in the wrong venue can be challenged or transferred, costing time and money, and there is a commercial dimension too: a creditor in one county suing a debtor in another may find venue affects the cost of both the proceedings and any later enforcement. Check it rather than assuming it follows the creditor’s own address. The summary summons is the procedure for a liquidated sum — a specific ascertainable amount rather than damages to be assessed — and it exists because most debt claims should not need a trial. No appearance entered, and judgment may be sought in default. Appearance entered, and the creditor applies for summary judgment, with the court asking whether a genuine issue for trial has been raised. No real defence, judgment follows. Arguable defence, and the matter goes to plenary hearing and becomes ordinary litigation — slower and considerably more expensive. Which is the point about strategy: it is not in the choice of court, it is in the three questions before it. Is it in time, is it genuinely disputed, and does the debtor have anything to enforce against?
Not Sure Which Route Fits?
The amount sets the court, but the sensible route depends on whether the debt is disputed and what the debtor has. For a modest undisputed sum the answer is sometimes to do it yourself - and you will be told that.
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