1. What Is a Small Claim in Scotland?
Small claims in Scotland are handled under the Simple Procedure, designed to resolve disputes quickly, fairly, and affordably. It is used for monetary claims up to £5,000 and replaces the former Small Claims and Summary Cause procedures.
2. Monetary Limits for Small Claims in Scotland
- Maximum Claim Amount: £5,000.
- Claims exceeding £5,000 must be filed under Ordinary Cause Procedure in the Sheriff Court.
3. Types of Cases Handled by Simple Procedure
- Unpaid debts or loans.
- Faulty goods or services disputes.
- Breach of contract claims.
- Property damage disputes (e.g., car accidents).
- Unreturned security deposits.
4. Who Can File a Small Claim in Scotland?
- Individuals: Anyone over 16 years old can file a claim.
- Businesses: Companies or sole traders can file claims.
5. How to File a Small Claim in Scotland
Step 1: Attempt to Resolve the Dispute
- Contact the other party and attempt to resolve the issue informally.
- Send a Letter Before Claim: Explain the problem, the amount owed, and a reasonable deadline for payment or resolution (typically 14–28 days).
Step 2: Obtain the Required Forms
- Use the Simple Procedure Claim Form available on the Scottish Courts and Tribunals Service (SCTS) website.
- Fill in details such as:
- Your contact information.
- The defender’s (defendant’s) details.
- A clear description of the claim.
- The amount being claimed.
Step 3: Submit Your Claim
- Submit the completed claim form to the Sheriff Court nearest to where the defender resides or operates.
- Claims can be submitted:
- In Person: At the Sheriff Court.
- By Post: Mail your completed form to the appropriate Sheriff Court.
Step 4: Pay the Filing Fee
| Claim Amount | Filing Fee |
|---|---|
| Up to £300 | £19 |
| £301–£5,000 | £106 |
Step 5: Notify the Defender
- Once the court accepts your claim, it will issue a copy to the defender (defendant).
- The court ensures service of documents, so you do not need to arrange this separately.
Step 6: Await the Defender’s Response
- The defender has 21 days to respond to the claim. Possible responses include:
- Admitting the Claim: They may agree to pay the full amount.
- Defending the Claim: They may submit a written defence.
- Counterclaim: They may file a claim against you.
Step 7: Prepare for a Case Management Discussion (CMD)
- If the claim is disputed, the court will schedule a Case Management Discussion.
- Prepare Evidence: Bring all necessary documents, contracts, photos, or receipts to support your case.
Step 8: Attend the Hearing (if Required)
- If the case is not resolved during the CMD, the court may hold a formal hearing where both parties present their arguments.
6. Costs Involved in Filing a Small Claim
- Filing Fee: Based on the amount being claimed.
- Additional Costs: If you require expert witnesses, evidence production, or enforcement of judgments.
- Legal Fees: Optional if you choose to consult or hire a solicitor.
7. What Happens After the Court Issues a Judgment?
If You Win:
- The court will issue a judgment ordering the defender to pay.
- If the defender does not pay, you can enforce the judgment through:
- Wage arrestments.
- Bank account freezing orders.
- Property seizure orders.
If You Lose:
- You may appeal the decision if you believe there was an error in the court’s process or judgment.
8. Benefits of Using the Simple Procedure
- Affordable Fees: Filing costs are low compared to other court procedures.
- Simplified Process: Forms and steps are designed for non-lawyers.
- Quick Resolutions: Cases are typically resolved faster than higher court proceedings.
9. Frequently Asked Questions
Q1: Can I file a small claim online in Scotland?
Yes, the Civil Online Portal allows you to file Simple Procedure claims electronically.
Q2: Do I need a solicitor for Small Claims Court?
No, the process is designed for self-representation, but you may consult a solicitor for advice.
Q3: Can I recover court fees if I win?
Yes, the court may order the defender to reimburse your filing and service fees.
Q4: How long do I have to file a claim?
The time limit varies by case type but is generally 5 years for most claims.
Q5: What happens if the defender doesn’t respond?
You can request a default judgment in your favour if the defender fails to respond within 21 days.
10. Contact Information for Scottish Sheriff Courts
Visit the Scottish Courts and Tribunals Service for court locations, forms, and resources.
11. Conclusion
Filing a small claim in Scotland under the Simple Procedure offers a straightforward and affordable way to resolve disputes. By understanding the process and preparing thoroughly, you can navigate the system confidently and seek a fair outcome.