What happens in a case

What happens in a case

• When a response is received
• When a time to pay application is received
• When no response/time to pay application has been received

Part 7 of the Simple Procedure Rules outlines what happens after a response form has been received and what happens if no response form or time to pay application is received by the last date for a response.

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.

 

1     Part 7.2 Simple Procedure Rules »

When a time to pay application is received

If the respondent admits the claim and asks for time to pay, the sheriff does not have to send written orders to the parties.

Under Part 5 of the Simple Procedure Rules, if the respondent sends a time to pay application to the court, the sheriff clerk must send a copy of it to the claimant along with a time to pay notice.

If the claimant consents to a time to pay application, they must indicate consent on the time to pay notice and send it to the court within two weeks of receiving the notice. The sheriff may then grant the time to pay application and decide the case.

If the claimant objects to a time to pay application, they must indicate objection on the time to pay notice and send it to the court within two weeks of receiving the notice. The sheriff may give the parties an order arranging a time to pay hearing. The sheriff then decides the case and whether to grant or refuse the time to pay application.

If the claimant does not respond to a time to pay application within two weeks of the time to pay notice, the sheriff decides the case and whether to grant or refuse the time to pay application.

When no response/time to pay application has been received

If no response form or time to pay application has been received by the court from the respondent by the last date for a response, the sheriff does not have to send written orders to the parties.

If the claimant then sends an ‘Application for a Decision’ to the court within two weeks of the last date for response, the sheriff may:1Part 7.4 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.

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.

 

1     Part 7.4 Simple Procedure Rules »