How to Respond to a Debt Claim
In most cases, the claimant lists the case for court. However, if the claimant does not do this you can apply to have your case listed for court. Please see the sections below for more information on how the case may proceed.
If you, as the respondent , serve and submit an Entry of Appearance form and a Defence form, the claimant can apply to have the case listed for court. In this situation, you will receive a document known as a Notice of Trial from the claimant. This means that the case is ready to be heard in court. If your case is in Dublin, you should attend court on the date listed on the Notice of Trial. If your case is outside of Dublin, you should contact the court office included on the Notice of Trial for information on when you should attend.
For more information on preparing for and attending court, please see our What to Expect in Court page.
Note: If 12 months has passed since the claimant has submitted any legal documents to the court office, or taken any step in progressing the claim, they must give you a month's notice of their intention to proceed with the claim. To do this, they must serve a Notice of Intention to Proceed on you.
If the claimant fails to serve a Notice of Trial, you can apply to have the case listed for court, if you have submitted a counterclaim and wish to proceed with the case.
You Apply to Have the Case Listed for Court
If you (the respondent) wish to have the case listed for court, you must:
- Complete a Notice of Trial form (Form 15A) and a separate copy for the claimant(s). You will need to contact the court office where the claim was made to obtain a date for court, which you insert on the Notice of Trial.
- Serve a copy of the Notice of Trial on the claimant:
- If your case is being heard in Dublin, you must serve the Notice of Trial on the claimant at least 21 days before the date given by the court office.
- If your case is being heard outside of Dublin, you must serve the Notice of Trial at least 10 days before the date given by the court office. The case will then be listed before the County Registrar, to set a date and time for the hearing. This is known as a callover list.
- For more information on serving and proof of service, please see our Serving and Proof of Service page.
- Submit the original Notice of Trial with the €120 court fee, in the relevant court office within 7 days of serving the claimant.
On the day the case is being heard, you must bring all documents including correspondence, contracts, affidavits, forms, and any other documents relevant to your case. Please ensure you bring a copy for the judge and for each claimant. For more information, please see our What to Expect in Court page.
Practices in listing cases for hearing may vary across Circuit Courts, depending on the number of sittings and court directions. Therefore, it is advisable that you contact the relevant court office where the claim has been made for more information on the local Circuit Court procedures.
Other options available to both you and the claimant include mediation or alternative dispute resolution processes. For more information on these options, please see our Legal Advice and Mediation page.
