Summary Application Flashcards
How is a cause commenced in summary application?
By initial writ in Form 1
Warrants, forms and certificate of citation in summary application?
Warrant of citation in Form 2
Citation in Form 3
Time to pay = warrant of citation in Form 4 and notice in Form 5 and citation in Form 6
Enforcement over residential property = warrant of citation in Form 6ZA and citation in Form 6ZB which is attached to initial writ, Form 11C and warrant of citation.
Form of citation for adults with incapacity - Form 20
Certificate of citation in Form 7
How is service executed in summary application?
Personal
Leaving with resident at home or employee at p.o.b
Depositing at home or p.o.b
Leaving at home or p.o.b in a way that will come to their attention.
What must be done if service is executed by depositing or leaving in such a way?
Send by ordinary post to address defender may be found, a copy of the documents
What must be on the envelope of service if personal service was unsuccessful?
This envelope contains a citation to or intimation from (name of sheriff court)
What can be done if defenders address is unknown?
Publication by advertisement in Form 9
or
Displaying on walls of court a notice in Form 10
When does the period of notice commence with an advertisement or display?
Runs from the day it is displayed or advertised.
What acts govern enforcement over residential properties?
Heritable Securities (Scotland) Act 1894
Conveyancing and Feudal Reform(Scotland) Act 1970
What must the pursuer lodge to commence an action to repossess?
Pursuer must lodge Form 11C with the initial writ.
What must be intimated to all entitled residents?
Copy of the initial writ, with a notice in Form 11D and Form 11E
What must the creditor do under the 1970 act, when he applies to the court?
Serve on the debtor, a notice in conformity with Form E
and
Serve on the occupier, a notice in conformity with Form F
and
Give notice to the local authority who has jurisdiction over the heritable property
Which act governs adults with incapacity?
Adults with Incapacity(Scotland) Act 2000
When an adult is in an authorised establishment, how is service executed?
S.o serves a Form 20, Form 21 and Form 22 on the manager.
Manager then delivers Form 20 to adult and returns Form 22 to sheriff clerk.
What is the period of notice for a guardianship application?
Within 28 days of the interlocutor fixing the hearing.
Which act governs proceeds of crime?
Proceeds of Crime Act 2002
