How do I raise an action?
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.
You will find information on raising a summary cause action in the sheriff court in the summary cause section. Types of summary cause include actions for recovery of possession of heritable property and damages resulting from personal injuries where the value of the claim is £5000 or less. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - access contact details.
Where the value of the claim exceeds £5,000 an action may be raised in the sheriff court under the ordinary cause procedure. Scottish Courts and Tribunals Service staff are not permitted to provide legal advice to members of the public. Access a copy of the Ordinary Cause Rules and Forms.
Access information about raising actions in the Court of Session
How do I defend an action?
As from 28 November 2016, any claim which has a monetary value of £5000 or less seeking payment, delivery or recovery of possession of moveable property, or an order for someone to do something specific, will be raised under the Simple Procedure.
For small claims actions raised before 28 November 2016, you will find information on defending an action in the sheriff court where the value of the claim is up to and including £3000 in the small claim section. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
You will find information on defending a summary cause action in the sheriff court where the value of the claim is over £3000 and up to and including £5000 in the summary cause section. Further information, and copies of the guidance and forms, can be obtained from your local sheriff court - contact details can be found on the Court Locations page.
Where the value of the claim exceeds £5,000, Scottish Courts and Tribunals Service staff are not permitted to provide legal advice to members of the public, further information can be found in the ordinary cause procedure section, and information about Court of Session actions. Where the action relates to repossession of your property, you can obtain further advice on the Shelter website.