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What goes on when a creditor takes me personally to court in Scotland?

What goes on when a creditor takes me personally to court in Scotland?

In case a creditor is using you to definitely court in Scotland, the first notification is likely to be a writ or summons. This document will include information on your creditor, the total amount owed, title associated with court, and what the sheriff happens to be required doing.

You’ll want to react because of the date specified into the summons or writ, permitting the court understand your intentions. You will find five choices in this respect:

Advise the court which you owe the funds , and spend your debt in full.

Concur that your debt exists , but demand a right time to pay for way or time and energy to spend purchase. If a person among these is provided, a decree shall tell you simply how much you ought to spend.

Inform the court which you owe your debt, but don’t request a period to pay for way or order – this can lead to a decree being given by the court, buying one to repay your debt in complete, plus any interest and court expenses.

Advise the court you do not owe your debt – in this situation a court hearing is supposed to be set in order that both events can place their instance. The court will pay attention to both edges and then make their choice.

Try not to respond to your writ or summons – should you not react at all, the court will issue a decree ordering you to definitely spend the initial financial obligation, plus interest while the court’s costs. Neglecting to pay at this time can lead to your creditor using ‘diligence’ measures they have to serve a charge for payment and send you a Debt Advice and Information Package (DAIP) against you, but initially.

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