What happens when a creditor takes me to court in Scotland?

If a creditor is taking you to court in Scotland, the initial notification will be a writ or summons. This document should include details of your creditor, the amount owed, name of the court, and what the sheriff has been requested to do.

How should I respond when faced with court action?

You need to respond by the date specified in the summons or writ, letting the court know your intentions. There are five options in this respect:

Advise the court that you owe the money, and pay the debt in full.

Agree that the debt exists, but request a time to pay direction or time to pay order. If one of these is granted, a decree will let you know how much you need to pay.

Tell the court that you owe the debt, but don’t request a time to pay direction or order – this will result in a decree being issued by the court, ordering you to repay the debt in full, plus any interest and court expenses.

Advise the court that you do not owe the debt – in this case a court hearing will be set so that both parties can put their case. The court will listen to both sides and then make their decision.

Do not respond to the writ or summons – if you do not respond at all, the court will issue a decree ordering you to pay the original debt, plus interest and the court’s expenses. Failing to pay at this stage will result in your creditor taking ‘diligence’ measures against you, but initially they have to serve a charge for payment and send you a Debt Advice and Information Package (DAIP).

A charge for payment is an order from the court to pay the sum owed. It gives you 14 days in which to pay in full, or make a payment arrangement with your creditor, otherwise they are entitled to begin diligence measures.

If you need more guidance on what to do if a creditor takes you to court, contact one of our experts at Scotland Debt Solutions. We can provide you with professional advice on your legal obligations, and the likely repercussions of your actions. With five offices around Scotland, we offer a same-day appointment free of charge.