Hi What is the procedure for claiming a debt in scotland, in england and wales we use money claim online.Thanks
System of Law: Scots
Hi, thank you for your question, I will assist you with this.
Can you please advise what kind of debt this is, how much it is for and any other relevant information. If there was a contract of some sort, can you confirm the jurisdiction is definitely Scotland.
The debt is for a recharge of costs incurred on behalf of the company. They basically embarked on a project for me and it was incomplete so I had employ additional resource to finish the project. They are still claiming I owe them for the project and I am counter claiming, the amount is £3,500 plus VAT
Thanks for the additional information.
Have they commenced a claim against you already?
not yet but they are threatening too via a company in glasgow called thornton hope
Essentially, in Scotland, you can bring a claim for money of between £3000 and £5000 in the Sheriffs Court (less than £3000 is considered to be a small claim and the procedure is slightly different). This is known as a summary cause.
It is advisable, if you are unfamiliar with the procedure that you obtain legal advice, especially given that there appears to be a dispute between you and the other company. Given the value of the claim, if you are successful then you are awarded the costs (known as expenses in Scots law).
However, if you wish to consider doing this yourself, here is a link to the correct Scottish Court web page, which gives you the guidance notes on preparing your documents and the claim form - http://www.scotcourts.gov.uk/sheriff/summary_cause/guidance_notes.asp
If you have any further questions, please ask.
Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.Thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).