When a response is received
After a response form has been received and looked at by the sheriff certain actions will be taken.
If the response form indicates that the respondent admits the claim and will settle the claim before the date for response, the sheriff does not have to send orders to either party.
If the claimant then sends an ‘Application for a Decision’ to the court within two weeks of the last date for response, the sheriff can:
1Part 7.2 Simple Procedure Rules•dismiss the claim; or
•make a decision awarding the claimant some or all of what was asked for in the claim form; or
•where a decision cannot be made awarding the claimant some or all of what was asked for in the claim form, order the claimant or the parties to come to court to discuss the terms of the decision.
When sending an ‘Application for a Decision’, the claimant must also send the court evidence that the claim form was formally served on the respondent.
If the claimant does not send an ‘Application for a Decision’ to the court within two weeks from the last date for a response, the sheriff must dismiss the claim.