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Small Claim Forms

As from 28 November 2016, if you are raising a claim which has a monetary value of £5000 or less which seeks payment, delivery or recovery of possession of moveable property or an order for someone to do something specific,
you should use the Simple Procedure

 


ACT OF SEDERUNT (SMALL CLAIM RULES) 2002 NO. 133  
APPENDIX 1 Forms & Other Miscellaneous Small Claim Forms

File 
Form A1 - Form of Statement by prospective lay representative for Pursuer/Defender
A lay representative is someone who represents you in court (for example, an adviser, support worker or friend) but who isn’t a qualified lawyer. If you decide that you want to apply to the court for a lay representative to speak on your behalf, this is the form they must fill in before the court can allow them to do so.
Download
Form 1a (and Form 1) - Application form for use when the defender(s) is/are an individual or individuals
You should fill in this application form if you are raising a claim against an individual or individuals or an individual(s) trading as. Form 1, which is the court copy of the application, will also appear. You must fill in both Form 1 and Form 1a.
* if you are raising a claim – please see notice above in red
Download
Form 1b (and Form 1) - Application form for use when the defender is a company or other organisation
You should fill in his application form if you are raising a claim against a company or other organisation. Form 1, which is the court copy of the application, will also appear. You must fill in both Form 1 and Form 1b.
* if you are raising a claim – please see notice above in red
Download
Form 2 - Form of claim in a summons for payment of money
If you are claiming for payment of a sum of money, you should use this form of wording to fill in box 4 on your application form.
* if you are raising a claim – please see notice above in red
Download
Form 3 - Form of claim in a summons for delivery
If you are claiming for delivery of recovery of moveable property an item, you should use this form of wording to fill in box 4 on your application form.
* if you are raising a claim – please see notice above in red
Download
Form 4 - Form of claim in a summons for implement of an obligation
If you are applying to the court for an order to get someone to do something, you should use this form of wording to fill in box 4 on your application form. (You must also include an alternative claim for payment not exceeding £3000).
* if you are raising a claim – please see notice above in red
Download
Form 5 - Form of service
This form is to be filled in by the solicitor or sheriff officer serving the application.
Download
Form 6 - Form of certificate of execution of service
This form is to be filled in by the solicitor or sheriff officer serving the application.
Download
Form 7 - Postal service - form of notice
This is the form of wording to be added to the front of the envelope containing the application. It is to be filled in by by the solicitor or sheriff officer serving the application.
Download
Form 8 - Service on person whose address is unknown - form of advertisement
This is the form of wording to be used when service of the application is made by an advert in a newspaper, where the address of the defender is unknown. It is to be filled in by the solicitor or sheriff officer arranging service of the application.
Download
Form 9 - Service on person whose address is unknown Form of notice to be displayed on the walls of court
This is the form of wording to be used when service of the application is made by displaying it on the walls of court, where the address of the defender is unknown. It is to be filled in by the solicitor or sheriff officer arranging service of the application.
Download
Form 9a - Statement to accompany application for interim diligence
This form is to be submitted along with any incidental application for warrant for diligence by arrestment or inhibition on the dependence of an action or warrant for arrestment on the dependence of an admiralty action.
Download
Form 9b - Form of schedule of arrestment on the dependence
This is the form to that has to be served on the defender by a solicitor or sheriff officer when a warrant for inhibition on the dependence has been granted.
Download
Form 9c - Form of certificate of execution of arrestment on the dependence
This certificate is to be filled in by the solicitor or sheriff officer who has served the inhibition on the dependence.
Download
Form 10 - Recall or restriction of arrestment Certificate authorising the release of arrested funds or property
This certificate is to be filled in by the sheriff clerk (depute) following the recall or restriction of an arrestment
Download
Form 11 - Form of minute - no form of response lodged by defender
If the defender does not respond to the summons, you should fill in this form to let the court know what order you would like the court to make
Download
Form 12 - Form of minute - pursuer not objecting to application for a time to pay direction or time order
If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you ACCEPT the offer made
Download
Form 13 - Form of minute - pursuer opposing an application for a time to pay direction or time order (1)
If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you DO NOT ACCEPT the offer made
Application lodged before 1 December 2009
Download
Form 13 - Form of minute - pursuer opposing an application for a time to pay direction or time order (2)
If the defender has applied for either a time to pay direction or a time order, you should fill in this form if you DO NOT ACCEPT the offer made
Application lodged on or after 1 December 2009
Download
Form 14 - Counterclaim - form of intimation by sheriff clerk where pursuer fails to appear
This form is to be filled in by the sheriff clerk (depute) to intimate that the defender has made a counterclaim if the pursuer was not in court when the counterclaim was stated
Download
Form 14A - Form of minute of intervention by the Commission for Equality and Human Rights
This form is to be filled in by the Commission for Equality and Human Rights if the Commission wishes to intervene in a case
Download
Form 14B - Form of minute of intervention by the Scottish Commission for Human Rights
This form is to be filled in by the Scottish Commission for Human Rights if the Commission wishes to intervene in a case
Download
Form 14C - Invitation to the Scottish Commission for Human Rights to intervene
This form is to be filled in by the sheriff clerk( depute) if the court decides to invite the Scottish Commission for Human Rights to intervene in a case
Download
Form 15 - Order by the court and certificate in optional procedure for recovery of documents
This form is to be filled in by either the solicitor or the sheriff clerk (depute) (if the party is not represented by a solicitor) in the process of obtaining documentary evidence which is in someone else’s possession
Download
Form 16 - Form of witness citation
This form is to be filled in by the solicitor or sheriff officer serving the witness citation
Download
Form 16A - Form of certificate of execution of witness citation
This form is to be filled in by the solicitor or sheriff officer serving the witness citation
Download
Form 16B - Form of child witness notice
You should fill in this application if you plan to call a witness who is a child (i.e. under 16). Special procedures will apply.
Download
Form 16C - Form of vulnerable witness application
You should fill in this application if you plan to call a witness who is vulnerable (i.e. has a mental disorder, or is experiencing fear or distress in connection with giving evidence in this case). Special procedures will apply.
Download
Form 16D - Form of certificate of intimation
This form is to be filled in by the solicitor or sheriff officer serving intimation of a child witness notice or a vulnerable witness notice
Download
Form 16E - Form of application for review
You should fill in this application if you would like the court to review arrangements that have already been made for a child witness or a vulnerable witness
Download
Form 16F - Form of certificate of intimation
This form is to be filled in by the solicitor or sheriff officer serving intimation of application for review of arrangements for a child witness or a vulnerable witness
Download
Form 17 - Form of reference to the European Court
This form is to be filled in by the sheriff clerk (depute)where a reference has been made to the European Court
Download
Form 18 - Form of extract decree (basic)
This is a basic style of the document that is issued at the end of the case, containing the order made by the court.
Download
Form 18a - Form of extract decree for payment
This is the form of court order issued at the end of the case for payment of a sum of money in favour of one of the parties
Download
Form 18b - Form of extract decree in an action of delivery
This is the form of court order issued at the end of the case for delivery of moveable property
Download
Form 18c - Form of extract decree in an action of delivery - payment failing delivery
Download
Form 18d - Form of extract decree Recovery of possession of moveable property
This is the form of court order issued at the end of the case for recovery of possession of moveable property
Download
Form 18e - Form of extract decree Recovery of possession of moveable property - payment failing recovery
This is the form of court order issued at the end of the case for recovery of possession of moveable property and, failing recovery, for payment of a sum of money
Download
Form 18f - Form of extract decree ad factum praestandum
This is the form of court order issued at the end of the case where someone is ordered to fulfil an obligation or perform a duty (other than the payment of money)
Download
Form 18g - Form of extract decree ad factum praestandum - payment upon failure to implement obligation
This is the form of court order issued at the end of the case for payment of a sum of money where the person has failed to carry out a task or perform a duty.
Download
Form 18h - Form of extract decree of absolvitor
This is the form of court order issued at the end of the case meaning that the defender is exonerated the defender (as a result, the pursuer is not allowed to bring the same matter to court again)
Download
Form 18i - Form of extract decree of dismissal
This is the form of court order issued at the end of the case bringing to an end the proceedings in the claim ( although it may be possible for a new claim to be brought if not time barred)
Download
Form 19 - Form of certificate by sheriff clerk service of charge where address of defender is unknown
This certificate is to be completed by the sheriff clerk (depute) where a charge (order to obey a decree of court) is displayed on the walls of court (where the address of the defender is unknown
Download
Form 20 - Minute for recall of decree (1)
You should fill in this form if you want the court to recall a decree that has been granted
(for actions raised prior to 4th April 2011 but not determined prior to 4th April 2011)
Download
Form 20 - Minute for recall of decree (2)
You should fill in this form if you want the court to recall a specific court order
Actions raised on or after 4th April 2011; and for actions raised and determined prior to April 4th April 2011
Download
Form 20a - Minute for recall of decree - service copy (1)
You should fill in this form if you want the court to recall a decree that has been granted. This is the service copy of form 20.
Actions raised prior to 4th April 2011 but not determined prior to 4th April 2011
Download
Form 20a - Minute for recall of decree - service copy (2)
You should fill in this form if you want the court to recall a decree that has been granted. This is the service copy of form 20.
Actions raised on or after 4th April 2011; and for actions raised and determined prior to April 4th April 2011
Download
Form 21 - Form of note of appeal to the sheriff principal (1)
You should fill in this form if you want to appeal to the sheriff principal against a final court order
Applies for appeal against decision of the sheriff made before 1 January 2016
Download
Form 21 - Form of application for a stated case (2)
You should fill in this form if you want to appeal to the Sheriff Appeal Court against a final court order
Applies for appeal against decision of the sheriff made on or after 1 January 2016
Download
Form 22 - Application for leave to appeal against time to pay direction (1)
This form is to be completed if you want to appeal against the court’s decision on a time to pay application. This form is for leave to appeal and you have to get this before you can lodge the application for appeal.
Applies for appeal against decision of the sheriff made before 1 January 2016
Download
Form 22 - Application for leave to appeal against time to pay direction (2)
This form is to be completed if you want to appeal against the court’s decision on a time to pay application. This form is for leave to appeal and you have to get this before you can lodge the application for appeal.
Applies for appeal against decision of the sheriff made on or after 1 January 2016
Download
Form 23 - Appeal against time to pay direction (1)
You should fill in this form if you would like to appeal against the court’s decision on a time to pay direction
Applies for appeal against decision of the sheriff made before 1 January 2016
Download
Form 23 - Appeal against time to pay direction (2)
You should fill in this form if you would like to appeal against the court’s decision on a time to pay direction
Applies for appeal against decision of the sheriff made on or after 1 January 2016
Download
Form 24 - Form of receipt for money paid to sheriff clerk
This receipt is to be completed by the sheriff clerk (depute) in relation to money paid to them under Chapter 24 of the Small Claims Rules
Download
Form A - Record of proceedings
This form is used by the sheriff clerk (depute).
Download
Form - Incidental Application
You should fill in this application if you would like the court to make an order during the course of your small claim action.
Download
Certificate B - Specification of documents
This certificate should be completed by the person that is served with a specification of documents.
Download

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