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IF YOU ARE SERVED WITH A SMALL CLAIMS SUMMONS...
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YOU MUST RESPOND TO THE COURT BY THE
RETURN DATE AS SET OUT ON THE SUMMONS.
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NOTE: By failing to respond to the court by the Return Date you risk the Pursuers writing to the court to minute (i.e. “formally request”) decree against you prior to the Hearing date.
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The Summons will set out the options available to you when responding to the court including:-
A. Admitting liability i.e. that you owe the sum sued for
B. Admitting liability but asking the court to allow you to pay in instalments
C. Denying the sums are due.
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Note: if you admit liability then the court will inevitably award decree in favour of the Pursuer and this will normally include an award of expenses.
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It is important that you attend court on the Hearing Date set down in the summons, especially if you intend to defend the action as you will normally be expected to confirm the basis of your defence to a Sheriff on the Hearing Date.
Normally a Sheriff will fix a Proof (full hearing) on the matter once he/she has heard both parties and is satisfied that there is a substantive legal issue in contention.
A Proof normally takes place approximately 2 to 3 months after the Hearing Date but this can vary depending on how busy the court timetable is.
NOTE: The Sheriff can, at his/her own discretion or at the request of either party, continue the Hearing for a short period to allow parties to try to negotiate a settlement.
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If you ask the court to allow you to pay in instalments then the court may award an instalment decree in favour of the Pursuer. The instalment decree would allow you to pay in instalments but if you failed to pay three consecutive instalment payments then the instalment decree would become an “open decree” thus allowing the Pursuer to try to recover the total outstanding sums against you.
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