S.L. 380.1 чл. 17Vacations in the Tribunal.

There shall be vacations in the Small Claims Tribunal between the 15th July and the 15th September of each year.

FIRST SCHEDULE

Forms

FORM 1: Notice of Claim. FORM 2: Reply.

FORM 3: Counter-claim Reply. FORM 4: Notice of Hearing. FORM 5: Notice of a Claim Set Down Again for Hearing.

FORM 6: Notice to a Third Party. FORM 7: Summons to Witness. FORM 8: Order of Escort.

FORM 9: Blank Application. FORM 10: Application of Appeal. FORM 11: Answer to the Application of Appeal.

FORM 12: Taxation of Costs for Professional Services. REGISTRY FILE NUMBER LOCATION NOTICE OF CLAIM IN THE SMALL CLAIMS TRIBUNAL

CLAIMANT name, telephone person(s)

DEFENDANT name, telephone persons against

NOTICE TO THE PARTY AGAINST WHOM THE CLAIM IS MADE with this notice of claim must within 18 days from the date of service file a reply. If the Tribunal may then proceed to determine the dispute in his absence

FOR OFFICE USE ONLY fill AMOUNT CLAIMED €

FILING FEES € SERVICE FEES € TOTAL €

PARTICULARS OF THE CLAIM

WHEN? this Tell when this happened much is from € STEP 1 FROM COMPLETE the NOTICE OF You must be sure that the address CLAIM using a typewriter or writing correct because this is where the clearly. Make sure that all the copies send you any further notices or are legible. your address changes at any time the Registry immediately. STEP 2 FILE the NOTICE OF CLAIM by TO taking it to the Small Claims Tribunal Be sure that you have the correct Registry. You must pay a filing fee, defendant. If there is more than which depends on the amount you are put the name of each defendant claiming and a service fee. The staff the space provided. In such a case will check the form and when it is sure that the claim is a result accepted for filing, apply the registry transaction. stamp, add on filing and service fees and assign a file number. The WHAT HAPPENED? Registrar will then proceed to serve You do not need to tell everything on your behalf the defendant with a case here. You must tell just copy of the Notice of Claim. defendant know what the case is your description brief. You will opportunity to present all the facts trial. STEP 3 WHAT HAPPENS AFTER WHERE? If the defendant files a reply, you will A Notice of Claim must be filed be served with a copy of the reply. of the Tribunal where the transaction, the claim refers, took place. HOW MUCH? You must here state the amount claim. The said amount cannot thousand euro (€5,000). PARTICULARS OF THE CLAIM - continued

WITNESSES IN Name and address of persons you intend to call as witness

HAPPENED? ATTACH EXTRA SHEETS IF SPACE IS INSUFFICIENT

being claimed, the facts that dispute signature of claimant date REGISTRY Form 2 LOCATION REPLY IN THE SMALL CLAIMS TRIBUNAL

TO Fill in the name, address and telephone number of the person making the claim against you

FROM Fill in the name, address and telephone number of the defendant filing this reply

NOTICE TO DEFENDANT If with your reply you want to make a counter-claim then you should complete the entitled "Reply with Counter-claim".

WHERE DEFENDANT THINKS SOMEONE ELSE SHOULD PAY THE CLAIM If you think that someone else should pay the claim, whether in full or in part, you should other party and serve him with a copy of the claim made against you, your reply, a notice form and a blank reply form.

Tribunal staff will fill FOR OFFICE USE ONLY in this part AMOUNT CLAIMED* € *Amount claimed is FILING FEES € only applicable if you as a defendant are also SERVICE FEES € making a counter-TOTAL € claim together with this reply FROM TE the REPLY using a This is where you identify the party who is filing or writing clearly. Make this Reply. Give an address where notices and the copies are legible. other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Tribunal Registrar.

REPLY by taking it to the DISPUTE ims Tribunal Registry You do not need to tell everything about your NOTICE OF CLAIM case here. You must tell just enough to indicate to was filed. The staff will the claimant and to the Tribunal what parts of the form and if it is in order, claim you dispute and why. If there is anything in filing. The REPLY must the Notice of Claim with which you agree, be within the 18 days from when sure to include that in your reply. served with the NOTICE OF

COUNTERCLAIM defendant thinks that someone If you want to make a counter-claim that is a pay the claim, he should claim against the claimant, then together with part of the form which your reply you must also complete that part of third party. the form entitled "Reply with Counter-claim" following the instructions on this form. To make a counter-claim your own claim must be connected to or related to the claim that the claimant has made against you.

HAPPENS AFTER THIRD PARTY Tribunal will send a copy A third party is a person who is neither the to the claimant and set claimant nor the defendant but someone else trial. You will receive a whom the defendant thinks is responsible to pay informing you of the date and the amount of money claimed by the claimant. To the dispute will be heard. fill this part of the form follow the instructions on the form itself. PARTICULARS OF YOUR REPLY

LIST YOUR WITNESSES Name and address of whom you intend to call IN THIS PART

DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT

State if you are disputing the claim being made. If you are then explain with what you disagree and why

Defendant’s signature date REPLY WITH COUNTERCLAIM

defendant wishes to make a counter-claim, the following part should also be filled.

WHEN? this Tell when this happened much is from €

PARTICULARS OF THE COUNTERCLAIM

Name and address of person you intend to call as witnesses

HAPPENED? Attach extra sheets if space is insufficient being stating that

Signature of defendant Date REGISTRY Form 3 LOCATION COUNTERCLAIM REPLY IN THE SMALL CLAIMS TRIBUNAL

TO Fill in the name, address and telephone number of the person making the claim against you

FROM Fill in the name, address and telephone number of the defendant filing this reply

My reply to your counter-claim is that State reasons

Tribunal staff will fill FOR OFFICE USE ONLY in this part AMOUNT CLAIMED* € *Amount claimed is FILING FEES € only applicable if you as a defendant are also SERVICE FEES € making a counter-TOTAL € claim together with this reply FROM the COUNERCLAIM This is where you identify the party who is filing a typewriter or writing this Reply. Give an address where notices and sure that all the copies other information about the dispute can be sent to you. If this address changes at any time be sure to inform the Tribunal Registrar.

COUNERCLAIM REPLY DISPUTE it to the Small Claims You do not need to tell everything about your Registry where you filed the case here. CLAIM. The staff will form and if it is in order, for filing. The COUNERCLAIM REPLY must be the 18 days from when served with the counter-

HAPPENS AFTER Tribunal will send a copy Counter-claim Reply to the set a date for trial. You a notice informing you of place when the dispute

PARTICULARS OF YOUR COUNTERCLAIM REPLY LIST YOUR WITNESSES Name and address of whom you intend to call IN THIS PART

DISPUTE ATTACH SEPARATE SHEETS IF SPACE IS NOT

State if you are disputing the claim being made. If you are then explain with what you disagree and why

Defendant’s signature date REGISTRY FILE NUMBER LOCATION NOTICE OF HEARING IN THE SMALL CLAIMS TRIBUNAL

CLAIMANT

AND DEFENDANT

You are informed that the hearing of your claim will take place before an Adjudicator of the Small Claims Tribunal:

date time address where the hearing will be held signature of Tribunal Registrar date

NOTICE OF HEARING ATTEND for the hearing at least ten minutes before the appointed time. Make sure that you are fully prepared, since this will be your only opportunity to state your case and submit your evidence to the Tribunal. BEAR IN MIND these points BRING all the documents that are relevant to the case such as receipts, correspondence or agreements. MAKE SURE that any witnesses whose evidence you need arrive early. If a witness is not prepared to attend voluntarily, then you should apply to the Tribunal for the issue of a Summons to Witness (Form 7). The summons is an order of the Tribunal telling the witness to attend for the hearing. PREPARE what you are going to say beforehand. Go over all the facts in chronological order. You may during the hearing refer to any notes you may have prepared beforehand. REGISTRY Form 5 LOCATION NOTICE OF A CLAIM SET DOWN AGAIN FOR HEARING IN THE SMALL CLAIMS TRIBUNAL

TO

AND

You are informed that the hearing of your claim will take Adjudicator of the Small Claims Tribunal: on date at address where the hearing will be held signature of Tribunal Registrar

NOTICE OF HEARING ATTEND for the hearing at least ten minutes before the appointed Make sure that you are fully prepared, since this will be your only state your case and submit your evidence to the Tribunal. BEAR IN MIND these points 1) BRING all the documents that are relevant to the case such correspondence or agreements. 2) MAKE SURE that any witnesses whose evidence you need witness is not prepared to attend voluntarily, then you should Tribunal for the issue of a Summons to Witness (Form 7). The order of the Tribunal telling the witness to attend for the hearing. 3) PREPARE what you are going to say beforehand. Go over chronological order. You may during the hearing refer to any notes prepared beforehand. REGISTRY FILE NUMBER LOCATION NOTICE TO A THIRD PARTY IN THE SMALL CLAIMS TRIBUNAL

party You should indicate the registry file number of the claim made against you the

DEFENDANT name, telephone

THIRD PARTY name, telephone third

NOTICE TO THE THIRD PARTY with this notice must within 18 days from the date of service file a reply. If he fails to Tribunal may then proceed to determine the dispute in his absence

FOR OFFICE USE ONLY AMOUNT CLAIMED € FILING FEES € SERVICE FEES € TOTAL €

PARTICULARS OF THE CLAIM

WHEN? Tell when this happened much is from € STEP 1 FROM COMPLETE the NOTICE TO A You must be sure that the address THIRD PARTY using a typewriter or correct because this is where the writing clearly. Make sure that all the send you any further notices or copies are legible. your address changes at any time the Registry immediately. STEP 2 FILE the NOTICE TO A THIRD TO PARTY together with your reply to Be sure that you have the correct the claim and counter-claim, if any. third party. If there is more than You must pay a filing fee for all these put the name of each party (side documents. The staff will check the space provided. In such a case form and when they are accepted for sure that the claim is a result filing, apply the registry stamp, add transaction. on filing and service fees and assign a file number. The Registrar will then WHAT HAPPENED? proceed to serve on your behalf the You do not need to tell everything third party with one copy of the case here. You must tell just enough claim, the reply, the counter-claim (if third party know what the case is any), a third party reply form and a your description brief. You will blank reply form so that the third opportunity to present all the facts party will have all the necessary trial. documents to reply. STEP 3 WHERE? WHAT HAPPENS AFTER A Notice to a Third Party must Registry of the Tribunal where the If the third party files a reply, you which the claim refers took place will be served with a copy of the the documents mentioned in the opposite reply. If no reply is filed, the Adjudicator may decide the claim in the third party’s absence. REGISTRY FILE NUMBER LOCATION SUMMONS TO WITNESS IN THE SMALL CLAIMS TRIBUNAL

In the case between: names of the the claim from the CLAIMANT AND

DEFENDANT

WITNESS and person you the party who APPLICANT

WHERE Witness is required to attend before the Small Claims Tribunal date and hearing on date at time at full address of the place where witness must attend

WITNESS BEING SUMMONED to your need his

Witness is required to bring these documents and other things witness hearing or other here date your signature of party applying for summons date be For office use only the DECREE BY ADJUDICATOR

After having considered this application for a summons to witness, I hereby authorise the issue of this summons and order witness to appear at the place, time and date as aforesaid and to bring any of the documents or things as required in this summons signature of Adjudicator date NOTICE TO WITNESS Once you have received a notice of summons duly authorised by the Tribunal, attend for the Tribunal hearing at the time and place indicated in this summons you any documents or other things required from you in the summons.

SUMMONS TO WITNESS You do not need to ask the Tribunal to issue a Summons to Witness, if witness attend voluntarily. COMPLETE the Summons to Witness following the instructions on the form. or write clearly and that all copies are legible. FILE the Summons to Witness by taking it to the Small Claims Tribunal Registry. will check if the form has been completed correctly. They will then apply the and proceed with the service of the summons. If you want the witness to bring documents (for example invoices) be sure to list them in your summons. REMEMBER to file the summons in good time before the date of the hearing the witness to attend. If a witness who is notified with the summons fails Adjudicator may then issue an Order of Escort against him. REGISTRY FILE NUMBER LOCATION ORDER OF ESCORT IN THE SMALL CLAIMS TRIBUNAL

between:

CLAIMANT AND

DEFENDANT

Officer executing order of arrest witness .......................................................................................... .......................................................................................... .......................................................................................... full name and address of witness with a Summons to Witness at the hearing of this claim and the said witness the summons, and I am satisfied that the evidence of the witness is material to

THEREFORE ORDERED TO ESCORT AND BRING THE WITNESS BEFORE TRIBUNAL on date time at address where the trial is to be held signature of Adjudicator date REGISTRY Form 9 LOCATION BLANK APPLICATION IN THE SMALL CLAIMS TRIBUNAL

Fill in the names of the In the case between: parties to the claim copying them from the

Notice of Claim AND

Name of party making application

Briefly state what you are applying for signature of applicant date

APPLICATION OF APPEAL

of Appeal

(Claimant) ................ ................................ versus (Defendants ............. ................................ and/or Third Parties)

of Appeal by ......................................................................................

states: appeal is being lodged to this Honourable Court in terms of article 8 of the Act, as the appellant feels himself aggrieved by the decision delivered Claims Tribunal on .....................................................

reasons for the appeal are the following:

Advocate Signature of Legal Procurator day of

Registrar

Application of Appeal is to be signed by an Advocate in the normal

FORM 11

ANSWER TO THE APPLICATION OF APPEAL In the Court of Appeal

(Claimant) ................ ................................ versus (Defendants ............. ................................ and/or Third Parties)

The answer of ....................................................................................................... Respectfully submits that (set out statement of defence) ........................................

Respondent humbly prays that ..............................................................................

Signature of Advocate Signature of Legal This day of Filed by

NOTE that an Answer to the Application of Appeal is to be signed by the normal manner.

TAXATION OF COSTS FOR PROFESSIONAL SERVICES SMALL CLAIMS TRIBUNAL for professional services rendered by day of

Registrar SECOND SCHEDULE

Tariff A: Fees payable in the Small Claims Tribunal