Newer version available

There is a newer version of this publication available:
Debt Advice Handbook Scotland 1st ed - with new material

Responding to a simple procedure claim form

• Admit the claim and settle it before the last date for a response
• Admit the claim and ask the court for time to pay
• Dispute the claim or part of the claim
• Do nothing

The respondent has three options when they receive a simple procedure claim form or they can opt to ‘do nothing’ and ignore the claim.

Admit the claim and settle it before the last date for a response

If the respondent wishes to avoid a court decision being made against them, they can settle the claim with the claimant before the deadline for a response. This avoids a court order being registered against the client and damaging their credit rating. Form 4A must be completed and returned to the court.

If the claim is settled this way, the claimant informs the court and the claim is dismissed.

Admit the claim and ask the court for time to pay

The respondent may admit the claim and ask to pay the sum by instalments or within a specified period. They can ask for time to pay by completing a ‘time to pay application’ (Form 5A) and return it using Civil Online,1scotcourts.gov.uk/taking-action/civil-online-gateway by post or by handing it to the sheriff clerk’s office.

After the application for time to pay has been received, the sheriff clerk sends a copy of the application with a ‘time to pay notice’ (Form 5B) to the claimant. The claimant then has two weeks to respond. The claimant either consents or does not consent to the time to pay application by competing and returning Form 5B to the sheriff court.

If the claimant has refused to consent to the time to pay application, a hearing will be set by the sheriff. If the claimant does not respond to Form 5B, the sheriff may call a hearing or may decide to grant or refuse the time to pay application.

 

1     scotcourts.gov.uk/taking-action/civil-online-gateway »

Dispute the claim or part of the claim

If the respondent wishes to dispute the claim, a response must be sent to the court before the response deadline. This is done by completing Sections C and D on Form 4A. It will then be considered by the sheriff. The sheriff can take one of the following actions:

•refer both parties in the case for ADR;
•arrange a case management discussion;
•arrange a hearing;
•consider whether or not to make a ‘decision’ about the claim without a hearing;
•dismiss the claim or make a ‘decision’ because the claim is unlikely to be successful.

Do nothing

This is often used when waiting for proof of apparent insolvency or if the respondent has multiple debts and is looking to access a statutory option. The sheriff can in this instance make a ‘decision in absence’. See here for more about decisions.