What happens in a small claims court hearing

EUROPEAN SMALL CLAIMS PROCEDURE

Transcript

1 EUROPEAN SMALL CLAIMS PROCEDURE FORM A APPLICATION FORM (Article 3 (1) of Regulation (EC) No 861/2007 of the European Parliament and of the Council establishing a European Small Claims Procedure) Reference number (*): Received by the court (*) : (*) To be completed by the court. IMPORTANT NOTICE PLEASE READ THE INSTRUCTIONS AT THE BEGINNING OF EACH SECTION. IT WILL MAKE IT EASIER FOR YOU TO FILL OUT THIS FORM Language This form must be completed in the language of the court to which you are submitting your claim. The form is available on the website of the European Judicial Atlas at in all the official languages ​​of the institutions of the European Union; this may help you fill out the form in the required language. Evidence Any relevant evidence should be attached to this claim form. However, this does not prevent you from submitting further evidence in the course of the proceedings. A copy of the claim form and any evidence submitted will be served on the defendant. The defendant is given the opportunity to comment. 1. Court This field should be used to indicate the court to which you are submitting the claim. When selecting the court, its jurisdiction for the proceedings must be examined. Section 4 provides a non-exhaustive list of examples of what jurisdiction might be based on. 1. To which court are you bringing the action? 1.1. Designation: 1.2. Street and house number / PO box: 1.3. Post code and place: 1.4. Country:

2 2. Plaintiff In this field, you must be indicated as the plaintiff and, if applicable, your representative. You are not obliged to be represented by a lawyer or other legal advisor. In some countries it may not be enough to just give a post office box as an address; therefore, you should include the street name and house number with a zip code. Failure to provide this information could result in the document not being delivered. Additional information to identify yourself can be entered under Other information, e.g. B. Your date of birth, occupation, position in the company, personal identification number and company registration number in certain Member States. If there is more than one plaintiff, please use additional sheets. 2. Information about the plaintiff 2.1. Surname, first name / surname of the company or organization: 2.2. Street and house number / P.O. Box: 2.3. Post code and city: 2.4. State: 2.5. Telephone (*): (*): 2.7. If applicable, the applicant's representative and contact address: (*) 2.8. Other information (*): 3. Defendant In this field, please state the defendant and, if known, his representative. The defendant is also not obliged to be represented by a lawyer or other legal advisor. In some countries it may not be enough to just give a post office box as an address; therefore, you should include the street name and house number with a zip code. Failure to provide this information could result in the document not being delivered. Under Other information, you can enter additional information to identify the person, e.g. Date of birth, occupation, position in the company, personal identification number and company registration number in certain Member States. If there is more than one defendant, please use additional sheets. 3. Information about the defendant 3.1. Surname, first name / surname of the company or organization: 3.2. Street and house number / P.O. Box: 3.3. Post code and place: 3.4. State: 3.5. Telephone (*): (*):

3 3.7. Representative of the defendant, if known, and contact address: (*) 3.8. Other information (*): 4. Jurisdiction The complaint must be submitted to the court that is responsible for processing it. The court must have jurisdiction in accordance with Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This section contains a non-exhaustive list of possible grounds for jurisdiction. For information on the rules governing jurisdiction, see the European Judicial Atlas at the website. You can also consult the website which explains some of the legal terms used here. 4. How do you establish the jurisdiction of the court? 4.1. Place of residence of the defendant 4.2. Residence of the consumer 4.3. In insurance matters, domicile of the policyholder, the insured person or the beneficiary 4.4. Place of performance / place of performance 4.5. Place of the damaging event 4.6. Place where the immovable property is located 4.7. Agreement on the place of jurisdiction between the parties 4.8. Other grounds of jurisdiction (please explain in more detail): 5. Cross-border issue In order to be able to use the European procedure for small claims, a cross-border issue must exist. In a legal dispute, a cross-border situation exists if at least one of the parties is domiciled or habitually resident in a Member State other than that of the court. 5. Cross-border issues 5.1. State of residence or habitual abode of the claimant: 5.2. State of domicile or habitual residence of the defendant: 5.3. Member State of the court:

4 6. Bank details (optional) In field 6.1 you can tell the court how you would like to pay the court fee. Please note that not all payment methods are necessarily available in the court to which you are filing the lawsuit. Make sure you know what types of payment the court accepts. You can contact the court concerned or consult the website of the European Judicial Network in civil and commercial matters (. If you wish to pay by credit card or authorize the court to direct debit, please include the necessary information in Appendix I to this form Information about your credit card or bank account details. Appendix I is for the information of the court only and will not be passed on to the defendant. In field 6.2 you have the option of entering the information required for any payment of the amount owed by the defendant to you , for example in the event that the defendant wants to pay immediately before a judgment has been issued. If you wish to make a transfer, please provide the relevant bank details. 6. Bank details (*) 6.1. How will you pay the court fees? Bank transfer By credit card (please complete Appendix I) Pe r Direct debit from your bank account (please complete Annex I) Other payment method (please specify precisely): 6.2. To which account should the defendant transfer the amount claimed or awarded? Account holder: Bank address, BIC or other relevant bank identification: Account number / IBAN: 7. Claim Scope: Please note that the European procedure for small claims has a limited scope. Actions with a value in dispute in excess of EUR or those listed in Article 2 of Regulation (EC) No. 861/2007 of the European Parliament and of the Council establishing a procedure for small claims cannot be negotiated in this procedure. If your action is not related to a matter within the scope of the Regulation under Article 2, the proceedings before the competent courts will continue in accordance with the rules of ordinary civil proceedings. If you do not wish this continuation, please withdraw your complaint. Monetary or non-payment claim: Please indicate whether you have a monetary claim and / or another (non-payment) claim, e.g. B. the delivery of goods, and then provide the relevant information under number 7.1 and / or 7.2. If your claim is not for a monetary payment, please provide the estimated value of your claim. In this case, you should also indicate whether you are seeking compensation instead in the event that the original claim cannot be met. If you request reimbursement of the procedural costs (e.g. translation costs, lawyers' fees, delivery costs, etc.), please indicate this under number 7.3. Please note the rules

5 for the costs that the courts can award vary from one Member State to another. Details of the cost categories for each Member State can be found on the website of the European Judicial Network in civil and commercial matters. If your application is upheld, the court can award statutory interest. Please state whether you are demanding interest and from what point in time the interest should start to run. 7. About your claim 7.1. : Currency Euro (EUR) Bulgarian Lev (BGN) Cyprus Pound (CYP) Czech Crown (CZK) Estonian Crown (EEK) Pound Sterling (GBP) Hungarian Forint (HUF) Latvian Lats (LVL) Lithuanian Litas (LTL) Maltese Lira ( MTL) Polish zloty (PLN) Romanian leu (RON) Swedish krona (SEK) Slovak krona (SKK) Other currency (please specify): 7.2.Other request: Please specify exactly what you are requesting: Estimated value de r Claim: Currency: Euro (EUR) Bulgarian Lev (BGN) Cyprus Pound (CYP) Czech Crown (CZK) Estonian Crown (EEK) Pound Sterling (GBP) Hungarian Forint (HUF) Latvian Lats (LVL) Lithuanian Litas (LTL) Maltese lira (MTL) Polish zloty (PLN) Romanian leu (RON) Swedish krona (SEK) Slovak krona (SKK) Other currency (please specify): 7.3. Are you requesting reimbursement of the legal costs? Yes No (*) If yes, please provide precise information on the type of costs and the amount of the claim or the costs incurred so far: 7.4. Are you charging interest? Yes No If so, what is the contractual interest rate? If so, go to Statutory Interest Number? If so, go to number

6 in the case of a contractual interest rate 1. the interest rate is:%% above the base rate of the ECB other value: 2. interest from (date): interest in the case of a statutory interest rate from (date): 8. details of the action you should under number 8.1 Briefly explain the reasons for your complaint. You should describe the relevant evidence under point 8.2. This can, for example, be documentary evidence (e.g. contract, receipt, etc.) or oral / written testimony. For each piece of evidence, please state which aspect of your claim should be justified. If there is not enough space, you can add more sheets. 8. Details of the lawsuit 8.1. Please give reasons for your complaint; For example, please indicate what happened when and where Please describe the evidence you would like to produce in support of your claim and please indicate which aspects of the claim are supported by it. If necessary, please add relevant evidence for documentary evidence, please specify below. Witness evidence, please specify below. Other evidence, please specify below. However, you can request that an oral hearing be held on this form or at a later point in time. The court may order an oral hearing if it deems it necessary to ensure a fair trial or, taking into account all the circumstances of the case, reject it.

7 8.3. Would you like a hearing? Yes No If yes, please state the reasons (*): 9. Confirmation A judgment given in one Member State under the European Small Claims Procedure can be recognized and enforced in another Member State. If you intend to apply for recognition and enforcement in a Member State other than that of the court, you can use this form to request the court to issue a confirmation of this judgment after it has issued a judgment in your favor. 9. Confirmation I ask the court to issue a confirmation of the judgment. Yes No 10. Date and signature Please do not forget to write your name clearly on the last page of the form and to sign and date the complaint. 10. Date and signature I hereby apply for a judgment to be issued against the defendant on the basis of my complaint. I declare that I have provided the above information to the best of my knowledge and belief. Place: Date: Name and signature:

8 Annex to the claim form (Form A) Bank details (*) for the payment of court fees Account holder / credit card holder: Bank address, BIC or other relevant bank identification (BLZ) / credit card company: account number or IBAN / credit card number, validity and card verification number of the credit card: ( *) Optional.