Before raising a claim form it is important that you have tried to settle the dispute. This could mean writing to the person or company you have the dispute with and trying to agree a settlement.

Another option that may help you settle the dispute, before you decide to raise a claim, is Alternative Dispute Resolution (ADR). Further information on ADR can be found on the mygov.scot website.

ADR is also something that the sheriff or summary sheriff may refer you to after you have sent your claim form to the court as a way of settling the dispute out of court.

Other things you might wish to consider before making a claim are:

• Is the person likely to be able to pay?
• If a company, has it ceased trading?
• Are you raising the claim against the correct person/company?
• Can you afford the time to prepare your case for the court hearing if the claim is defended?
• Can you afford to pay the cost of having any decision made in your favour enforced if it is not complied with as the court cannot do this for you?

If you have exhausted all your options and wish to make a claim, you will need to complete a claim form. This should be completed using Civil Online.

For information on using Civil Online, refer to the frequently asked questions.

Part 3 of the simple procedure explains how to make a claim and what the court will do with your claim.

You will need to decide in which of the 39 sheriff courts in Scotland your claim should be brought. In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against ( the respondent) lives or has a place of business. For further information contact your local sheriff court.

Please note that staff in the Scottish Courts and Tribunals Service cannot give you legal advice, although they can help you to understand court procedures. You may wish to consult with and be represented in court by a solicitor, lay representative or courtroom supporter. Part 2 of the simple procedure explains about representatives and what they may and may not do.

You will need to pay a fee to the court when submitting your claim form. A fee must be paid at the point of online submission**. Fees can be paid online by credit or debit card. If your claim is rejected by the court, any fee paid will be refunded automatically. Professional users can use a SCTS credit account.

**or when lodging the claim, for approval by the Sheriff, with the Sheriff Clerk.

The current fees can be accessed in the Sheriff Court Fees section. You may be entitled to fee exemption, for example, if you receive certain state benefits. Further information can be found in the Court Fees section and the fee exemption application form.

If a claim is made against you, the first formal notice you will receive is a copy of the completed claim form. Contained in the same envelope will be a response form (Form 4A). This usually comes by recorded delivery post but you may also receive it from a sheriff officer.

The claim form contains the details of the claim made against you. If you wish to either:

• dispute the claim,
• admit liability for the claim and ask the court for time to pay; or
• admit liability for the claim and settle it before the last date for a response

you should complete the response form. You can do this by using Civil Online or fill in the response form by the last date for a response. The form will also need to be sent to the claimant. The claimant will have indicated on the claim form their contact preferences of email, post or contacting them online. If online is selected the court will make the documents available to the claimant via Civil Online.

Alternatively, you can complete the response form and send it to both the court and the claimant by the last date for a response.

Part 4 of the simple procedure explains how you respond to a claim and what the court will do with your response.

Part 5 explains how you may ask for time to pay if the claim is for payment of a sum of money and how the claimant can consent or object to that.

Please note that staff in the Scottish Courts and Tribunals Service cannot give you legal advice, although they can help you to understand court procedures. You may wish to consult with and be represented in court by a solicitor, lay representative or courtroom supporter. Part 2 of the simple procedure explains about representatives and what they may and may not do.

You may not need to attend court if:

• The respondent has not sent a response form
• The respondent has settled the claim before the last date for a response
• The claimant and the respondent have agreed payment terms about the payment of the claim

You may need to attend court if:

• The claimant has not accepted the offer of payment detailed in a response form
• The respondent wishes to defend all or part of the claim
• The sheriff or summary sheriff wishes to discuss certain matters about the claim

Should you need to attend court, you will be informed of the reasons, date and time of any hearing or discussion that the court has fixed.

You may be worried about attending court, particularly if you do not have a solicitor or other representative to speak for you. The following may help you to prepare:

• Part 7 of the simple procedure explains what happens after a response form is received or if no response form is received.
• Part 8 of the simple procedure explains the orders that a sheriff or summary sheriff can give to manage or decide a case.
• Part 21 contains a glossary explaining the meaning of certain legal words and expressions used in simple procedure.

If you are attending court, you may have already looked at some parts of the Simple Procedure Rules which can be viewed in full here.

Scottish Courts and Tribunals Service staff cannot give you legal advice as they are not legally qualified. If you do need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area. See the Law Society of Scotland website for further information.