High 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 Summary Summons in the High Court), you can discontinue court proceedings by submitting a Notice of Discontinuance in the Central Office of the High Court.
- If the respondent ignores the claim, you can apply for a judgment in default. For more 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 High Court
If the respondent files a Memorandum of Appearance, this means that they intend to defend the claim made by you, against them. In order to proceed, you will need to have the case listed for court.
If you wish to have the case listed for court, you must:
- Complete a Notice of Motion and complete and swear a supporting Affidavit (template forms that can be used).
- Pay the appropriate court fees for these documents at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex. The fee for the Notice of Motion is €60 and the fee for the Affidavit is €20.
- Submit the stamped documents in the Central Office of the High Court, along with an additional copy of each document. The office will then check your documents, and if correct, give you a court date to appear before the Master/Deputy Master of the High Court. The copy documents will be returned to you for serving on the respondent.
- Serve a copy of both documents on the respondent(s) at least 4 days before the date given by the Central Office.
For more information on serving and proof of service, please see our Serving and Proof of Service page.
Note: If you do not submit any legal documents to the Central 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.
For more information on this, please see Order 37 and Order 63 of the Superior Court Rules.