Simple procedure in Scotland

Simple procedure is the sheriff court process for claims worth £5,000 or less in Scotland. It is designed to be quicker, cheaper and less formal than other court cases, and you do not need a solicitor. The law says claims for payment of up to £5,000 must use it, so most court claims for smaller debts in Scotland are simple procedure cases.

What is simple procedure?

Simple procedure started on 28 November 2016, replacing small claims and, for most cases, summary cause. It is set out in the Courts Reform (Scotland) Act 2014 and the Simple Procedure Rules.

• The person making the claim is the claimant. The person the claim is made against is the respondent.
• Cases are dealt with by a sheriff or a summary sheriff.
• As well as claims for money, it covers some claims to get property back or to make someone do something.
• The rules encourage both sides to settle by negotiation where possible, and the sheriff can refer a case to alternative dispute resolution, such as mediation.

Who uses simple procedure?

Anyone owed £5,000 or less who wants a court order to get paid: individuals, businesses, landlords and lenders, including firms that have bought a debt from the original lender. Because the law makes simple procedure compulsory for money claims up to £5,000, any creditor suing you for a debt of that size in the sheriff court will use it.

The claimant pays a court fee when making the claim. Claims are normally made online through the Scottish Courts and Tribunals Service’s Civil Online portal.

Not every debt goes to court this way. Councils usually collect council tax arrears with a summary warrant, which does not involve a court case against you.

How does a simple procedure case work?

1. The claim. The claimant completes a Claim Form and sends it to the court with the fee.
2. The Timetable. The court registers the claim and sends the claimant a Timetable setting the last date for service and the last date for a response.
3. Service. The claimant must formally serve the Claim Form on the respondent. The rules say this should normally happen at least 3 weeks before the last date for a response.
4. The response. By the last date for a response, the respondent can admit the claim and settle it, admit it and ask for time to pay, or dispute it.
5. No response. If nothing reaches the court in time, the claimant can send an Application for a Decision within 2 weeks. If they do not, the sheriff must dismiss the claim.
6. Time to pay. If the respondent asks for time to pay, the court sends the claimant a Time to Pay Notice, and the claimant has 2 weeks to consent or object. Either way, the sheriff then decides, and may arrange a time to pay hearing if the claimant objects.
7. A disputed claim. The sheriff sends written orders, which may refer the case to alternative dispute resolution, arrange a case management discussion or a hearing, or decide the claim.
8. The decision. After a hearing, the sheriff decides on the day or within 4 weeks, and sets out the decision on a Decision Form.

Which forms are used?

People sometimes look for a ‘Form 9A response form’. The Response Form is Form 4A. Form 9A is the Additional Orders Application, and if one is sent to you, you should reply within 10 days, otherwise the court will almost certainly make the orders asked for. If a decision was made in your absence, what a decree is explains how recall works.

Who pays the expenses?

The general rule is that the side that wins is awarded its court expenses. For many simple procedure claims, the amount is capped by law.

The caps do not always apply. Under the Courts Reform (Scotland) Act 2014 they do not apply where the respondent has not stated a defence, has stated one but not proceeded with it, or has not acted in good faith about it. They also do not apply where either side has behaved in a manifestly unreasonable way, or where the sheriff directs otherwise because the case involves a difficult question of law or exceptionally complex facts. So ignoring a claim can leave you facing higher expenses than the table suggests.

Since 21 May 2025, claimants must lodge an account of the expenses they are claiming before the court will decide the case.

What happens after a decision?

The court does not collect the money. If the sheriff orders the respondent to pay and they do not, the claimant has to take enforcement action themselves, through sheriff officers. That usually starts with a charge for payment, giving 14 days to pay, and can lead to wage or bank arrestments.

An undefended decision for money is sent to the public register of Scottish decrees, which the credit reference agencies use, and stays for six years unless it is paid in full within a month or recalled. If you cannot pay in one go, you may still be able to ask the court for time to pay.

Where can you get help?

• Represent yourself. The process is designed for people without a solicitor.
• Use a lay representative. A friend, family member or someone from an advice organisation can represent you if you complete a Lay Representation Form.
• In-court advice. mygov.scot says free in-court advice and mediation services are available at some sheriff courts.
• Legal aid may be available for advice and representation in some civil cases.
• Debt advice. If the claim is for a debt, a free debt adviser can help you decide how to respond and look at your other debts too.

Official sources

• Courts Reform (Scotland) Act 2014, section 72 (simple procedure) and section 81 (expenses)
• Act of Sederunt (Simple Procedure) 2016, Schedule 1 (the Simple Procedure Rules)
• Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016, as amended
• Scottish Courts and Tribunals Service: guide to simple procedure
• Scottish Courts and Tribunals Service: what happens in a disputed case, including expenses