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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9980
Experience:  30 years as a practising solicitor.
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Good evening, Further to my previous question to you (16

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Good evening,

Further to my previous question to you (16 Sept): my wife returned the writ, a few weeks ago in the fashion you suggested.

Yesterday the Sheriff Officer called my mobile and asked for me. They stated they had documents for me which had been returned. I stated I did not believe they had documents for me. They responded what is my name; I responded it is not Steven Armstrong. I stated if they had documents for Steven Armstrong that is not a my name, not a miss spelling or an abbreviation; but a different name from that which I use and is on my birth certificate. They went quiet and and I thank ed them for their enquiry.

The problem now is:

1. If I ignore the return date I might I miss my chance to lodge a defense.
2. If I do not turn up to the calling, might I get judgement against me in my absence?
Thank you for your question.

As I understand it you are trying to avoid service so that a time bar situation might arise. As such they will at the very least have to seek a re service warrant so no at this stage your fears are not justified.

I hope this helps. Please remember to leave a positive rating so that I am credited for my time.
Customer: replied 3 years ago.

Ok, I suppose I am fretting that the Sheriff Officers will construe that I had possession a few weeks ago, deem and certify that as service (regardless that the docs were returned thereafter and court proceedings will continue on that?




That can't happen or the papers would never have been passed to them for service.
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