In Scotland, there is a unique method of resolving civil court claims for money owed by a person or business known as the Simple Procedure.
But what exactly is the Simple Procedure and what is it for?
The Simple Procedure is a legal process to deal with civil disputes where the value of the amount being claimed is £5,000 or less.
Designed to provide a speedy and effective negotiation process, it gives individuals the opportunity to resolve low-level disputes while avoiding court action.
How does the Simple Procedure Scotland work?
The Simple Procedure typically follows a defined set of steps:
Claim form
The first step in the Simple Procedure process involves completing a claim form known as Form 3A, which is available to download from the Scottish Courts and Tribunals Service website.
This form should include a complete overview of the case, including details of the claim, the parties involved, and the outcome of the dispute.
As with all court forms, it’s important to complete this document as carefully and accurately as possible.
Once complete, the form should be sent to the appropriate court (usually the defendant’s home court) alongside the required fee, which is subject to change.
First hearing
Next, the court will send a copy of the claim form alongside a response form (Form 4A) to the defendant to allow them to respond before the last date for a response.
The court will also schedule a first court hearing at the local sheriff court, which typically happens within eight weeks of the initial claim being made.
Before the first hearing, you must ensure you’re equipped with the relevant documentation, including all evidence and witness statements that could help your case.
To ensure a smooth process, it’s also crucial the defendant knows what to expect when they attend court, including when to attend, what to wear, and how to address the sheriff appropriately.
During the first hearing, the sheriff will consider both arguments before making a final decision or scheduling a further hearing.
In some cases, the sheriff may encourage both sides to negotiate and reach a settlement privately.
Some sheriff courts have free advice and mediation services which, if utilised properly, can prevent the need to go to court in the first place.
However, while the Scottish Courts and Tribunals Service can help you understand the process, they are not authorised to give legal advice.
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Second hearing
Sometimes, a second hearing is necessary to ensure the sheriff has heard both side of the argument and can come to an informed decision.
During the second hearing, which follows a similar format to the first hearing, the sheriff may require further evidence or ask both sides to refine their argument.
Once both sides have presented their argument, the sheriff will review all the evidence and make a final decision based on the information provided.
Final judgment
The final stage of the Simple Procedure process is when the sheriff makes a final judgment, otherwise known as a decree.
Once a final judgment has been made, it must be respected by both parties and any orders must be fulfilled as set out in the decree.
For example, if the claim has been successful, the defendant will be required to pay the amount claimed, including any added legal expenses and interest accrued.
If the respondent admits to owing the money, they may apply for Time to Pay to repay the total amount due in instalments rather than in full.
If the defendant does not comply, the judgment can be enforced by other means, which may involve sheriff officers seizing the money or goods equal to the amount claimed.
There may be some room to appeal or review the final judgment but this is rare and typically only possible under strict circumstances.
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Yvonne: “It’s scary how quickly debts can build up. I never thought this would happen to my family.”
Customer monthly repayments before and after entering a Trust Deed
Repayments reduced by 70%
When can the Simple Procedure be used?
Like most court processes, there are only certain instances in which the Simple Procedure may be appropriate.
The Simple Procedure can be used to:
- Force an individual or business to repay the money they owe (e.g. an overdue loan)
- Get compensation for your legal rights being breached (e.g. being discriminated against)
- Force an individual or business to provide a service you paid for (e.g. an unfinished building contract)
- Get goods returned or delivered (e.g. a parcel you paid for that wasn’t delivered)
However, the Simple Procedure can also only be used when the amount being claimed is less than £5,000.
So, if you paid over £6,000 for a service that wasn’t provided, you must use an alternative dispute resolution, such as the Ordinary Cause Procedure.
Similarly, if the claim involves damages for personal injury, it may have to be raised as a Summary Cause or Ordinary Cause Procedure instead, depending on the nature of the case.
How much does the Simple Procedure cost?
The Simple Procedure involves several costs, from sheriff officer fees to the cost of appealing a decision in the sheriff appeal court.
Some costs may also be recoverable from the defendant if the claim is successful in court.
Simple Procedure costs are usually calculated by the sheriff clerk, who is responsible for organising the administrative work of the sheriff court.
Depending on your financial situation and nature of your case, you may be eligible for help with court fees in the form of a fee exemption or reduction.
Legal Aid ensures everyone individuals on a low income can seek legal advice or court representation when they need it.
Remember, court fees are subject to change and the actual fees you are quoted may differ from information you see or hear elsewhere.
Always get a rough idea of how much your court fees are likely to be before making a claim and, if necessary, seek legal advice to find out if you’re eligible for financial help.
