Cash Recovery
Court Actions Explained
Curious?
Some clients are interested to learn how to get to judgement in Scotland. You do not need to know - after all we'll do that for you! But we have added this section for those who are interested and what follows is a brief explanation of the processes involved.
There are three types of action:
| Type of Action | Amount Sued for: |
| Small Claim | £0.00 to £750.00 |
| Summary Cause | £750.00 - £1,500.00 |
| Ordinary Action | £1,500.00 and over |
Small Claims and Summary Cause
As the Small Claims and the Summary Cause procedures are so similar they are grouped together.
How is action commenced?
We obtain a warrant from the Court and submit the Court fee.
What is the cost of the Court fee?
£37.00 per case.
What happens next?
Court returns Summons to us and we serve Summons on Debtor by recorded delivery post. It we cannot serve by recorded delivery post we serve by Sheriff Officers.
When is judgement issued?
Approximately 5 to 8 weeks after we have obtained the court warrant.
Can Debtor offer to pay debt by instalments?
Yes - this is done by the Debtor returning prescribed form to court detailing income and expenditure.
Do you have to accept the instalments offer?
No, although the Court may take the view that taking all the facts into account the offer is reasonable.
What happens if an instalment decree is granted?
We intimate the Decree by recorded delivery post. If the Debtor defaults in two payments and the third is outstanding then the decree becomes "open" and is enforceable against the Debtor to the fullest extent.
What happens is the case is defended?
The case will call in Court. We will represent your interests and find out what the defence is and advise you. You will have to decide if you want to take the case further. Our litigation pack is available on request.
What is a time to pay direction?
In relation to Small Claims, Summary Cause and Ordinary actions against individuals, but not companies, the Court is able to make both a Time to Pay Direction or an Order to Pay by deferred lump sum. If the Defender does not pay by the time ordered by the Court, then the Decree becomes enforceable after formal notice has been given to the Debtor by us.
What happens once judgement is issued?
The Decree is enforceable by Sheriff Officers.
| Tel: 0141 331 2332 | © Yuill + Kyle 2007 |
| Fax: 0141 332 4223 | 79 West Regent Street |
| Email: info@debtscotland.com | Glasgow G2 2AR |
Back
