How Do I Make a Small Claim in Scotland?

Who this guide is for

People in Scotland who want to take a person or business to the sheriff court for money they are owed, where the claim is worth £5,000 or less, for example an unpaid bill, money lent to a friend, or the cost of faulty goods or poor work. It also helps people who have been sent a simple procedure claim.

What this guide does not cover

• England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Claims worth more than £5,000: these use a different court procedure (ordinary cause). Ask Citizens Advice Scotland or a solicitor.
• A claim only to get property back, or only to make someone do something, with no money claim as an alternative: simple procedure cannot be used. Ask the sheriff clerk or Citizens Advice Scotland.
• Personal injury claims, appeals, the court fees and interest rates, and what expenses you can get back: this guide does not cover them. Ask Citizens Advice Scotland or a solicitor.
• Being chased for an old debt: use the old debt checker.
• Your rights when goods or services are faulty (refunds, repairs, replacements): use the consumer rights checker.

The questions that decide the answer

1. Where are you and the respondent? In Scotland: this guide. In most cases the claim goes to the sheriff court for the area where the respondent lives or has a place of business. If the respondent is elsewhere in the UK or abroad, ask Citizens Advice Scotland where to claim.
2. Is the claim worth £5,000 or less? Yes: simple procedure. More: ordinary cause (not covered).
3. What do you want the court to order? Payment of money: simple procedure. Return of property, or an order to make someone do something: only if you also ask, as an alternative, for payment of a sum of money of £5,000 or less.
4. How old is the claim? A debt under a contract is extinguished if 5 years pass without a relevant claim or a relevant acknowledgment (Prescription and Limitation (Scotland) Act 1973). For other kinds of claim, check the time limit with Citizens Advice Scotland.
5. Are you making the claim, or has a claim been made against you? Making it: see the steps below. Received one: see "If a claim is made against you".

Making the claim

• Submit the claim using Civil Online. The Claim Form is Form 3A.
• If you feel you cannot use Civil Online, the Scottish Courts and Tribunals Service says to complete two copies of Form 3A and take or send both to the sheriff court, with a short note explaining why you could not claim online.
• Give as much information as you can on the form, so the sheriff can consider your claim and the respondent knows what it is about.
• There is a court fee. This site does not work out Scottish court fees: check the fee with the Scottish Courts and Tribunals Service. It says you may be entitled to fee exemption.
• Sheriff clerks and their staff can help you understand the court procedure, but they cannot give legal advice.

If a claim is made against you

Do not ignore it. You can respond online using Civil Online, on the Response Form (Form 4A), by the last date for a response. If you accept the claim and want time to pay, send a Time to Pay Application instead, by the same date. If you do nothing, the court will almost certainly decide the claim for the claimant and order you to pay, including interest and expenses.

If you win but are not paid

• The sheriff's decision is set out in the Decision Form (Form 13A), which can be used to enforce it. It cannot be enforced within 28 days from the date the decision was sent (unless the sheriff orders otherwise), or while it is being appealed or has been recalled.
• Send the respondent a copy of the decision. The Scottish Courts and Tribunals Service suggests recorded delivery, so you can prove you sent it.
• A sheriff officer then serves a charge: a last demand to pay within 2 weeks if the respondent is in the UK, or 4 weeks if they are outside the UK or their address is not known.
• If they still do not pay, you can instruct a sheriff officer to enforce the decision. This is called diligence, and can include taking money from wages (earnings arrestment) or freezing money in a bank account (bank arrestment).
• Enforcement has its own costs. Think about whether the respondent is able to pay before you claim.

Deadlines

• A contract debt: extinguished after 5 years without a relevant claim or a relevant acknowledgment.
• Responding to a claim: by the last date for a response on the court's timetable.
• A charge to pay: 2 weeks if the respondent is in the UK, 4 weeks if outside the UK or their address is not known.
• Enforcing a decision: not within 28 days from the date the decision was sent, unless the sheriff orders otherwise.

Money figures

• £5,000: the limit for simple procedure.
• Court fees, interest and expenses: not given in this guide. Check with the Scottish Courts and Tribunals Service or Citizens Advice Scotland.

Traps

• Rules, forms and court fees from England and Wales do not apply in Scotland.
• A claim worth more than £5,000 cannot use simple procedure.
• A decision in your favour is not money in the bank: enforcement is a separate step, and it only works if the respondent has money, wages or property.
• A debt under a contract can be extinguished after 5 years, not 6.