Simple Procedure Flashcards
Act which governs Simple Procedure
Act of Sederunt(Simple Procedure) 2016
What actions is simple procedure used for
For payment of a sum of money no more than £5,000
Delivery or repossession of moveable property when there is an alternative claim for less than £5,000
Order to make someone do something specific when there is a claim for less than £5,000
When can simple procedure not be used
When it doesn’t have an alternative claim for payment of money, or
Has an additional claim for payment of less than £5,000
In simple procedure what are the pursuer and defender known as
Claimant and respondent
Simple procedure forms used when initiating claim
Claim Form - Form 3A
Further Claimant Form - Form 3B
Further Respondent Form - Form 3C
Timetable - Form 3D
Change of Timetable Application - Form 3E
What is the notice period for a respondent who is responding to a claim
3 weeks when they reside or have a place of business within eu
6 weeks when they don’t reside or have place of business in the eu
Sending a simple procedure claim form
Handing it to the party or representative
Posting it
Emailing it
Making it available on the Scottish courts and tribunals website
Using a dx
Which act governs service of a summons by registered post
Citation Amendment( Scotland) Act 1882
Which act governs service by recorded delivery service
The Recorded Delivery Service Act 1962
When a claim form is executed by post what must be written on the envelope
This envelope contains a (name of document) from (name of sheriff court). If delivery cannot be made, the letter must be returned to the sheriff clerk at ( full address of sheriff court)
If service by post was unsuccessful, how can the claim form be served?
Personally or leaving in hands of a resident at persons home or employee at place of business
If sheriff officer can’t serve personally or by leaving, what methods are available?
Depositing it in persons place of business or home
Leaving it at home or place of business in a way that is likely to come to their attention
If service done by depositing or leaving to come to their attention, what must be on the envelope?
This envelope contains a (name of document) from (name of sheriff court)
When formally serving claim form, the envelope must contain;
Claim form - Form 3A
Further claimant or respondent form - Form 3B/Form 3C
Response Form - Form 4A
Notice of claim - Form 6A
Timetable - Form 3D
If respondent can apply for Time To Pay - Form 5A
When claim form has been formally served, what must be done?
Sheriff Officer must complete Confirmation of Formal Service (Form 6C) and return to the court at least 2 days before last date for response.
