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What happens in a case where no response is received or the respondent seeks time to pay?

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Guidance on this page should be read in conjunction with the appropriate Simple Procedure Rules depending on the date your claim was initiated. New rules apply to claims initiated on or after 31 May 2023.

What happens in a case where no response is received by the court?

Part 7 of the Simple Procedure Rules explains what happens if no Response Form or Time to Pay Application is received by the last date for a response.

If no Response Form or Time to Pay Application has been received by the court by the last date for a response, the claimant may submit an Application for a Decision to the court within 2 weeks from the last date for a response. 

Following an Opinion of the Sheriff Appeal Court Cabot Financial (UK) Ltd against Jordan Walls, from 21 May 2025 all claimants in Simple Procedure claims must lodge an account of expenses claimed, with the court, before a case will be decided.  A pro forma is available here for this purpose for claimants who are not legally represented.  For example this must be lodged with an Application for a Decision or a Time to Pay Notice.  The court may order submission in other circumstances.  Failure to do so may result in any submitted applications being rejected. 

The Court will consider awarding some or all of what was asked for in the claim form, together with any expenses claimed. 

What happens in a case where the respondent seeks Time to Pay?

Part 5 of the Simple Procedure Rules is about how the respondent may ask for time to pay if a claim for payment of a sum of money is admitted, and how the claimant can consent or object to that.

An order for time to pay is an order of the sheriff that the respondent must pay the claimant a sum of money in a particular way, such as by instalments or by a delayed payment.

See Part 5 of the rules for information.

Following an Opinion of the Sheriff Appeal Court Cabot Financial (UK) Ltd against Jordan Walls, from 21 May 2025 all claimants in Simple Procedure claims must lodge an account of expenses claimed, with the court, before a case will be decided.  A pro forma is available here for this purpose for claimants who are not legally represented.  For example this must be lodged with an Application for a Decision or a Time to Pay Notice.  The court may order submission in other circumstances.  Failure to do so may result in any submitted applications being rejected.