Since lockdown began on 23 March, none of Scotland’s 39 sheriff courts have been processing debt recovery actions. So, what do I mean when I say that we’re "back in business"? Well, as we have been telling our clients, we’ve always been open to guiding you and suggesting the best solutions during the pandemic. Our unswerving advice has been that if we initiated recovery actions during the lockdown, they would be dealt with on a "first come, first served basis" once the courts re-open. Many of our clients have taken this advice and, indeed, the Scottish Courts and Tribunal Service (SCTS) has confirmed that this is how they will be dealt with.
Following the Scottish Government's announcement that we will enter Phase 1 of easing of the lockdown restrictions, the SCTS has confirmed that, as of 29 May, the following will apply:
Basically, we can now raise court actions for you in the expectation that they will be processed and served by us (issued) to the debtor. And, because we know that the courts will process them chronologically, the sooner we submit them, the quicker you’ll get paid. But, a few words of caution:
What you should grasp is that you will be further down the line once the court receives the action. And, because all other creditors will also identify this, you should act now. If you delay, you may be at the end of the queue and that could mean that it will take longer for you to get paid, or it could mean that you don’t get paid at all.
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