Circuit Court
Step 5 - After the Claim Is Served
When you serve the debt claim, the respondent can choose to repay, ignore, or defend the claim. You can take the following action depending on the option the respondent chooses:
- If the respondent repays the debt, plus legal costs if applicable, within 6 days of receiving the Claim Notice (known as a Civil Bill in the Circuit Court), you can discontinue court proceedings by submitting a Notice of Discontinuance (template form that can be used) in the court office where the claim was made.
- If the respondent ignores the claim, you can apply for a judgment in default without the need for a court hearing:
- If the respondent does not submit an appearance form within 10 days of receiving the Claim Notice, you can apply for a judgment in default of appearance.
- If the respondent does not submit a defence form within 10 days of submitting the appearance form, you can apply for a judgment in default of defence.
- For further information on how to apply for a judgement in default, please see our Summary Judgments page.
- If the respondent defends the claim and/or makes a counterclaim, you will need to apply to have the case listed for a hearing before a court. For more information, please see the section below.
Other options available to both you and the respondent include mediation or alternative dispute resolution processes. For more information on these options, please see our Legal Advice and Mediation page.
Applying to Have Your Case Listed in the Circuit Court
If you wish to have the case listed for court, you must:
- Complete a Notice of Trial (Form 15A) and a separate copy for each respondent. 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 respondent:
- If your case is being heard in Dublin you must serve the Notice of Trial on the respondent(s) at least 21 days before the date given by the court office. The case will then be listed for court.
- 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 a court fee of €120, in the relevant court office within 7 days of serving the respondent(s).
Note: If you do not submit any legal documents to the court office, or take any step in progressing the claim in the previous 12 months, you must give a month's notice of your intention to proceed with the claim. To do this, you must serve a Notice of Intention to Proceed (template form that can be used) on the respondent.
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 respondent. For more information, please see our What to Expect in Court page.
How cases are listed for hearing can be different between Circuit Courts, depending on the number of sittings and court directions. You should contact the court office where you are making your claim for more information on the local Circuit Court procedures.
Note: If you do not serve a Notice of Trial, the respondent can choose to serve a Notice of Trial on you if they have submitted a counterclaim and wish to proceed with it.