Simple Court Procedure
Lawyers must register their firm to access Civil Online before they can file documents – unless they are already using Civil Online for a simple procedure. To request access, complete the Civil Administrator`s online registration form and email it to email@example.com. You can get legal aid for an appeal under the simple procedure. It may be helpful to seek legal aid because an appeal can only be made on a point of law and may not be clear whether the basis of your appeal is a point of law. You can appeal through Civil Online or by completing Form 16A. Lawyers can also use the Civil Online API to transfer simple procedural claims directly from their own case management systems. If you want to set up your business to use the API, send an email firstname.lastname@example.org If you feel you can`t file your claim electronically, you`ll need to get permission from the sheriff so that the claim can be processed in paper form. To do this, you must send a notice to the court, along with two copies of a completed application form and the corresponding fee**, explaining why you cannot file your application electronically. You should make sure to include the names and addresses of the parties at the top of your note.
**or upon presentation of the claim to the Sheriff`s Clerk for approval by the Sheriff. You can also ask the court to reduce or freeze interest added to the debt, but only if the debt is governed by the Consumer Credit Act 1974. Most loans, credit cards and other loan agreements are regulated. However, it may be more difficult to get court approval, contact us for advice. If you accept an agreement, you will receive it in writing – you will then have a recording in case they change their mind. Learn more about the amicable settlement of a consumer problem. If you want to end your claim, for example, because you have reached a settlement with the person against whom you have sued, you must do so before the sheriff decides the case. If the matter has reached the point where the sheriff is involved in assessing the claim, you must allow it. You can tell the court that you think an agreement can be reached. If the defendant does not respond within the time limit, you have two weeks to file a request for a court decision. You can do this through Civil Online or by completing Form 7A and mailing it or delivering it in person to the sheriff`s court. If you have followed the proper procedures and the co-owners still do not pay their share, you can use the new simple procedure lawsuit in sheriff`s court to collect the amounts owed to you.
The claim limit is £5,000, fees are low and arbitration and negotiation are the preferred methods of settlement. The procedures are designed to help those who do not have legal representation and are quite informal. Be prepared not only to sue your co-owner, but also to take other steps to collect the debt or accept installment payments from your co-owner. If you can end your claim because the sheriff is not yet involved, you will need to use Form 9E. You must send the notice of abandonment to the person against whom you are making the claim and a copy of the notice of abandonment and proof that the person against whom you are making the claim has sent a copy to the sheriff`s court. The sheriff then takes over and issues court orders called “written orders.” You can request a payment delay at any time after the sheriff has made a decision and issued an order. All you have to do is fill out a deferred payment application form and send it to the court. Mark the evidence documents with the numbers indicated in the proof form and make sure that all documents have page numbers. If you have trouble accessing the documents you need, ask the court for help. It is worth reading the simple procedural guidelines on the Scottish Courts website. This tells you what happens to a case. Another option that can help you resolve the dispute before you decide to fill out the claim form is alternative dispute resolution (ADR).
For more information about ADR, visit the mygov.scot website. ADR is also something the sheriff or summary sheriff can refer to you after you submit your claim form to the court to resolve the dispute amicably. Costs of a civil action with the simple procedureAssistance for legal feesAssistance with the simple procedure Application formNeed help with a court case The simple procedure cannot be used for an application for restitution or recovery of possession of movable property or an application for an order to induce someone to do something specific that: You can also complete Form 4A and mail it to the court and the Claimants. Last date for a response. Some debts, such as council tax, can also be enforced in sheriff`s court with a summary warrant. For more information on the simple procedure, please contact your local sheriff`s court. If you plan to visit the court for further advice or information, it would be helpful to contact the court in advance to arrange a convenient time to do so, such as outside of busy business hours. It would also be helpful to mention if you have any special needs for access or communication supports. Contact your local sheriff`s court. The Citizen Advisory Office can also help.
Contact information for your local office is available on the Citizens` Advice Office website If you are appearing in court, you may have already consulted parts of the simple procedure rules, which can be viewed in full here. Once you return the request for payment delay, the sheriff will send a copy to the requester. You have two weeks to tell the court if you agree with the offer you made. You must decide which of the 39 sheriff`s courts in Scotland your application should be filed. In most cases, the court deciding on the claim is the court in whose territory the person against whom the claim is to be brought (the defendant) lives or has a place of business. For more information, please contact your local sheriff`s court. If you have already returned the response form, but have not requested a payment delay, you may still be able to submit a payment delay request. You should give it to the sheriff`s clerk, but you can only do this as part of an organized discussion or court hearing. You can respond on the Civil Online website or complete the separate payment deadline request submitted with the request. For more information, see our Sheriff`s Court Action Sheet. This can be completed using Civil Online or Form 9a.
If you are using Form 9a, you must also send a copy to the court. The court is not required to grant your request and the defendant may object. More information is available on the Scottish Courts website. A simple procedure is a court procedure that provides a quick, inexpensive and informal way to resolve disputes. A claim is filed in sheriff`s court by a plaintiff. The party against whom the claim is brought is referred to as the defendant. The final decision in a claim is made by a sheriff or summary sheriff. You don`t need to hire a lawyer to use the simple procedure, but you can do so if you wish. The cost of using Civil Online and paper forms is the same. Learn more about the costs of a simple procedure and whether you are exempt from paying court fees. When the application is filed, a formal court document is issued that grants permission to serve the application on the defendant, but also to call witnesses who are to be called. You can download a guide to the simple procedure.
The sheriff`s clerk in court will help you with the proceedings, but cannot give you legal advice. Check that you have followed the correct repair procedures – you have every chance of success if you have done so. However, you can still succeed if you haven`t. You can also appoint a lay representative to the sheriff`s court. In some situations, the lay representative may appear in court on your behalf. Learn more about using a lay representative. By asking the court to freeze or reduce interest, you are asking for a delay. For more information, see our Time Control datasheet. You can download and print Form 3A from the Scottish Courts website. Then you can either abandon it or hand it over personally to the sheriff`s court. You must make two copies and pay a fee, unless you are exempt.
You may be able to appeal the court`s decision. If you decide to appeal, you must do so within 28 days of sending the decision letter. You may also want to check if you can use alternative dispute resolution before going to court. More information on alternative dispute resolution is available at mygov.scot. You can ask for help from a lay representative – perhaps someone from a counseling centre.