NOTE: The information set out below has to be considered in the context of the United Kingdom leaving the EU on 31 December 2020 (“IP Completion Day”). If you are unsure what to do after IP Completion Day you may wish to consider seeking appropriate legal advice and the Law Society of Scotland can provide contact details for solicitors in your area. Please note that the Scottish Courts and Tribunals Service staff are unable to provide legal advice.
What is the European Order for Payment Procedure?
The European Order for Payment procedure was introduced by EC Regulation 1896/2006 and applies between all Member States except Denmark. The procedure allows creditors to recover uncontested civil and commercial claims using a simplified procedure.
Further information can be accessed on the European e-Justice Portal.
Rules and Regulations
EC Regulation 2017/1260 (from 14 July 2017)
Act of Sederunt (Sheriff Court European Order for Payment Procedure Rules) 2008
Act of Sederunt (Sheriff Court Rules Amendment) (European Small Claims Procedure and European Order for Payment Procedure) 2017
Forms
Regulation forms:
Fees:
Court fees are payable for lodging these claims in court, and the current fees can be accessed in the Sheriff Court Fees section.
You may be entitled to fee exemption, for example if you are entitled to certain state benefits. Further information can be found in the Court Fees section and in the fee exemption application form.
You should note that these fees do not include any fees you may need to pay if you have instructed a solicitor to help you. The solicitor can give you information on these costs.
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