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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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WHAT FORM TO USE TO STATE THE COUNTERCLAIM ? IM ANSWERING

Resolved Question:

WHAT FORM TO USE TO STATE THE COUNTERCLAIM ?
I'M ANSWERING TO THE SUMMONS OF SMALL CLAIM
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

You put the counterclaim into the same document that you state your defence which is a separate A4 sheet in numbered paragraphs. There is no form to fill in as such:

Here is the small claim rule about this:

"Counterclaim

11.1.​(1)​If a defender intends to state a counterclaim he must-
(a)​indicate that on the form of response; and
(b)​state the counterclaim-
(i)​in writing on the form of response; or
(ii)​orally at the Hearing.
(2)​Where a defender states a counterclaim in accordance with paragraph (1)(b)(i) he must at the same time send a copy of the form of response to-
(a)​the pursuer; and
(b)any other party.
(5)​Where a defender has indicated in terms of paragraph (1)(a) that he intends to state a counterclaim orally at the Hearing the sheriff may continue the Hearing to allow an answer to the counterclaim to be stated.
(6)​The defender may state a counterclaim after-
(a)​the Hearing; or
(b)​any continuation of the Hearing,
as the case may be, only with the leave of the sheriff.
(7)​If a counterclaim has been stated orally at any hearing at which the pursuer fails to appear or be represented the sheriff may continue that hearing after noting the counterclaim and the factual basis of it to allow the pursuer to appear.
(8)​Intimation of a continued hearing fixed under paragraph (7) shall be given to the pursuer by the sheriff clerk in Form 14 advising him that if he fails to appear or be represented at the continue hearing decree may be granted in terms of the counterclaim."

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

could you please send me sample of above document , to just let me copy it and fill with my details to send asap.


Regards


Andrew

Expert:  JGM replied 1 year ago.
There is no sample as such. You head up the paper with the name of the court then under that:

DEFENCES AND COUNTERCLAIM

1. Outline your defence in numbered paragraphs.

2. Outline your counterclaim in numbered paragraphs.

Then sign the bottom of the page and send it to the court attached to page 7 of the summons duly completed. You send a copy to the solicitor for the Pursuer. You then have to appear in court on the calling date.

The sheriff will look at the arguments for both sides and may try to resolve the dispute there and then. If that isn't possible he will set the case down for a full hearing and you would have to lodge any papers with the court before the full hearing and also turn up in court with any witnesses in support of your case.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7516
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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