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If you receive a simple procedure claim

A Claim Form from the sheriff court is worrying, but it also gives you a clear deadline and real choices. The one option that almost always makes things worse is doing nothing.

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If you have received a simple procedure Claim Form, you must respond by the ‘last date for a response’ shown on the Timetable that came with it. You can admit the claim and settle it, admit it and ask for time to pay using a Time to Pay Application (Form 5A), or dispute it using the Response Form (Form 4A). If you do nothing, the court will almost certainly decide against you and order you to pay, including interest and expenses.

Find the Timetable now and note the last date for a response. The rules say the claim should normally be served on you at least 3 weeks before that date, so if the papers have been sitting unopened you may have very little time left. Get free debt advice straight away rather than close to the deadline.

What have you received?

A simple procedure claim is a court case in the sheriff court for £5,000 or less. Simple procedure in Scotland explains the whole process. The papers usually include:

  • the Claim Form, which says who is claiming, what they say happened and what they want from you
  • the Timetable, which gives the last date for a response
  • a Response Form for your reply

Before you decide what to do, check:

  • Who is claiming. It may be a firm that bought the debt from the original lender, so the name may not be familiar.
  • Whether the debt is yours and the amount is right. Compare it with any statements or letters you have.
  • Whether you have already paid some or all of it, or had an agreement to pay.
  • How old the debt is. In Scotland, most debts from a contract are extinguished if five years pass without a payment, a written admission by you or a relevant claim by the creditor. If the debt might be that old, read statute-barred debt in Scotland before you pay anything or admit it in writing.

How long do you have to respond?

You must respond by the last date for a response. By that date:

  • a Response Form must be sent to the court and to the claimant, or
  • if you want to admit the claim and ask for time to pay, a Time to Pay Application must be sent to the court

You can respond online through the Scottish Courts and Tribunals Service’s Civil Online portal, or by post. If you respond online, check whether you also need to send a copy to the claimant yourself.

If you genuinely need more time, you can ask the sheriff to change the Timetable using an Additional Orders Application (Form 9A). The sheriff may not agree, so do not rely on it.

What are your options?

Admit the claim and settle it

Choose this if you accept the claim is right and can pay or agree a settlement with the claimant before the last date for a response. Send the Response Form to the court and the claimant saying you are settling, and get written confirmation of any agreement.

Admit the claim and ask for time to pay

If you owe the money but cannot pay it all at once, you can ask the sheriff to let you pay by instalments or as a lump sum at a later date. Only an individual, not a company, can ask for time to pay.

  1. Complete a Time to Pay Application (Form 5A) and send it to the court by the last date for a response. Give an honest picture of your income, outgoings, dependants and other debts, and offer an amount you can keep up.
  2. The court sends the claimant a Time to Pay Notice. They have 2 weeks to consent or object.
  3. If they object, the sheriff may arrange a time to pay hearing. Either way, the sheriff decides the case and whether to grant your application.

If time to pay is granted and you keep up the payments, the creditor cannot use diligence (legal enforcement) such as wage or bank arrestments for that debt. If you fall two instalments behind, the arrangement ends and you cannot get time to pay for that debt again. Asking the court for time to pay explains the rules in more detail.

Dispute the claim

Choose this if you think you do not owe the money, you owe less than is claimed, or the court does not have jurisdiction. You can dispute all or part of the claim.

Complete the Response Form, including the background as you see it, anything in the Claim Form you disagree with, and any steps you have taken to settle. Send one copy to the court and one to the claimant by the deadline. The sheriff will then send both sides written orders, which may include alternative dispute resolution, a case management discussion or a hearing. Keep copies of any documents that support what you say.

If you do nothing

If neither a Response Form nor a Time to Pay Application reaches the court in time, the claimant can send an Application for a Decision within 2 weeks. The sheriff can then grant some or all of the claim, with expenses, without hearing from you.

Doing nothing can also cost more. The caps on court expenses in simple procedure do not apply where the respondent has not stated a defence, so you could face a larger bill for the claimant’s expenses than if you had responded.

Facing a court claim and other debts too? Tell us a little about your situation and a licensed insolvency practitioner firm will call you to go through every option, including ones that are not a trust deed.

Start your enquiry

May not be suitable in all circumstances. Fees apply. Your credit rating may be affected. Free, impartial advice is available from MoneyHelper and other services.

What happens after a decision?

If the sheriff decides you must pay, the decision is set out on a Decision Form. The court does not collect the money: the claimant has to enforce it through sheriff officers, usually starting with a charge for payment giving you 14 days to pay.

It is still not too late to act:

  • Time to pay. The rules let you send a Time to Pay Application to the court even after the sheriff has made a decision.
  • Recall. If the decision was made in your absence, you can apply once to have it recalled, at any time before it has been fully carried out. See what a decree is.
  • Pay within a month if you can. A decision paid in full within one calendar month should not stay on the public register of decrees.

What if you have other debts too?

A court claim is often a sign that money has been tight for a while. If you have several debts, dealing with one claim may not be enough.

A moratorium on diligence gives you 6 months in which creditors cannot serve a charge for payment, start new diligence or petition for your sequestration. But the law does not list court claims among the things it blocks, so you still need to respond to the claim. A moratorium does not freeze interest.

Formal options include the Debt Arrangement Scheme (DAS), a trust deed and sequestration (bankruptcy), as well as informal plans. Each has different costs and consequences, and an adviser needs to look at your full situation before you choose.

Where can you get free help?

  • Free debt advice. A money adviser can help you check the claim, fill in the forms and look at all your debts. The Response Form itself suggests contacting a solicitor, a Citizens Advice Bureau or another advice organisation.
  • In-court advice. mygov.scot says free in-court advice and mediation services are available at some sheriff courts.
  • A lay representative. Someone who is not a solicitor, such as a friend, relative or adviser, can represent you if you complete a Lay Representation Form (Form 2A).
  • Legal aid may be available for a solicitor’s help in some cases.

Official sources

Common questions

Can I ask for more time to respond to a simple procedure claim?

You can ask the sheriff to change the Timetable using an Additional Orders Application (Form 9A), explaining why you need more time. The sheriff decides whether to agree, so it is not guaranteed. If you can, respond by the original date anyway, even if only to say you dispute the claim or to ask for time to pay.

What if I admit the debt but cannot afford to pay it all?

You can admit the claim and ask for time to pay by sending a Time to Pay Application (Form 5A) to the court by the last date for a response. You offer instalments or a lump sum at a later date, and give details of your income, outgoings, dependants and other debts. The claimant can consent or object, and the sheriff decides.

Can the claimant take money from my wages straight away?

No. The claimant first needs a decision from the sheriff. After that, sheriff officers usually serve a charge for payment, giving you 14 days, before your wages can be arrested. Citizens Advice Scotland says a bank account can sometimes be arrested after a decree without a charge first, so act as soon as you know a decision has been made.

Will a simple procedure decision affect my credit rating?

An undefended decision for money, such as one made because you did not respond, is sent to the public register of Scottish decrees and passed to the credit reference agencies. It stays for six years from the date of the decree, unless you pay in full within one calendar month and send proof in time, or the decision is recalled.

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