Small claims court actions in Scotland (now known as Simple Procedure)
are currently raised for sums of less than £5000 and can be dealt with swiftly and almost completely online.
Once the claim is registered, the Claimant is provided with a timetable for serving the court action, and a timetable for any Response (defences), to be lodged.
Should the Respondent (the defender) not lodge a Response/defence then the Claimant provides the court with proof of service of the court papers, together with a document/form referred to as an application for a decision. The court will then Grant a Decision (a court order /judgement) often within 14 days of that application being made.
Thereafter the Decision is uploaded to a portal in an electronic format which solicitors or parties receive via email.
That decision can then be enforced on expiry of the period of 28 days from when the Decision was sent to the Claimant’s agents. This means that in many Scottish Simple Procedure court actions there is little involvement with the court. As a result, the whole process can be quick and cost-effective.
