How do I raise a small claim?
The small claim procedure can be used to claim sums of money up to the value of £3000. To raise a claim against an individual you will need to complete Form 1a and to raise a claim against a company or a voluntary association (for example, a golf club) you will need to complete Form 1b . In both circumstances, you will also need to complete Form 1, which is the court copy of the summons. Form 1 will appear when you click on either Form 1a or Form 1b.
If your claim is against a voluntary association you should also include any known office-bearers as defenders. A court order against the association alone cannot be enforced against an official unless he/she is named in the action.
We would recommend that you read the guidance notes that are available to assist you. Unfortunately there is no online facility available in Scotland at the moment; therefore applications have to be sent to the court in paper form.
In order for a small claim action to be raised in Scotland, one of the sheriff courts would need to have jurisdiction to deal with the case. You can find more information in relation to jurisdiction in the guide ‘Taking a Claim to Court’ in the section ‘Which court do I go to?’ You will note from this section that jurisdiction is normally based on the address of the defender; however there is a special rule for consumer contracts and some other actions. Contact details for all of the sheriff courts in Scotland can be accessed on the Court Locations page.
Information about court fees can be accessed in the 'Sheriff Court Fees' section of the website.
Where do I send my application for a small claim?
Unfortunately there is no online facility available in Scotland at the moment, therefore applications have to be sent to the court in paper form.
In order for a small claim action to be raised in Scotland, one of the sheriff courts would need to have jurisdiction to deal with the case. You can find more information in relation to jurisdiction in the guide ‘Taking a Claim to Court’ in the section ‘Which court do I go to?’ You will note from this section that jurisdiction is normally based on the address of the defender; however there is a special rule for consumer contracts and some other actions. Contact details for all of the sheriff courts in Scotland can be accessed on the Court Locations page.
How much does it cost?
You can access information about the fee for lodging an application in court in the 'Sheriff Court Fees' section.
There may be further costs incurred thereafter, depending on the circumstances of the particular case.
Am I the pursuer or defender?
The pursuer is the person who brings the case to court, ie. the person that is suing.
The defender is the person who has the case brought against them, ie. the person who disputes the claim of the pursuer.
How does the defender get sent the application?
If you are raising a claim as an individual, or as a sole trader, then the sheriff clerk can usually serve the summons, if you want them to do this for you. If not, then you can ask a solicitor or sheriff officer to do this on your behalf.
The sheriff clerk cannot serve the summons for you in any other case and you will need to arrange for a sheriff officer or solicitor to do this for you. You can get contact details for sheriff officers operating in the area that the summons is to be served from the Society of Messengers at Arms and Sheriff Officers. You can get contact details for solicitors from the Law Society of Scotland.
Further information in relation to service of the summons can be found in the guide
‘Taking a Claim to Court’.
How do I defend a small claim action?
You will need to complete the relevant sections of the form that you will have received. More detailed guidance on how to defend the action and how to complete the form can be found in the guidance note ‘Responding to a claim’. You need to make sure that you return your completed form to the court before the return date. The contact details for the court and the return date can both be found on the front page of the summons.
How long will it take?
It is very difficult to estimate how long the process will take; it will depend on the complexity and circumstances of the individual case and also whether or not the case is defended.
How do I find out what is happening in a case?
You will need to contact the court where the case is being dealt with. Contact details for all the courts can be accessed on the Court Locations page
What do I do once I have the court order?
It is the responsibility of the successful party to have the court’s order enforced. The court cannot do this on your behalf. You will also be responsible for any costs involved in enforcing the order, although you may be able to recover this from the other party. More detailed information on this point can be found in the guide "Going to Court".
The defender lives in England/Wales, what do I do when I get the order enforced?
Guidance can be found under Serving or Enforcing a Court Order FAQs page and on the Society of Messenger at Arms and Sheriff Officer’s website