In Scotland, the "small claims court" is the simple procedure in the sheriff court. You can use it to claim money worth £5,000 or less, for example from a builder, a seller, a former landlord or someone who owes you money. You complete a claim form, usually online, pay a court fee and the court arranges a timetable. Most people bring simple procedure claims without a solicitor.
Simple procedure replaced the old small claims and summary cause procedures in November 2016. It is designed to be quick, informal and affordable. This guide walks you through each stage, from trying to settle first to enforcing a decision.
Before you go to court
The sheriff will expect you to have tried to resolve the dispute first. Before making a claim:
- Write to the other party setting out what you are owed and why, with a deadline to pay or respond, usually 14 days. Keep a copy.
- Gather your evidence: contracts, quotes, invoices, receipts, photographs, emails and text messages.
- Consider alternative dispute resolution, such as mediation or a trade body's complaints scheme. The simple procedure rules encourage parties to settle, and the sheriff can ask what you have tried.
- Check the time limit. Most contractual debts and many other claims in Scotland are extinguished after five years under the Prescription and Limitation (Scotland) Act 1973. Personal injury claims have a separate three-year time limit.
Step by step: making a simple procedure claim
1. Choose the right court
You normally raise the claim in the sheriff court for the area where the other party (the "respondent") lives or has a place of business. Special rules can apply to consumer contracts. If the respondent lives in Glasgow, that will usually be Glasgow Sheriff Court.
2. Complete the claim form
Use the Scottish Courts and Tribunals Service's Civil Online portal where possible. If you cannot, complete two copies of the paper claim form (Form 3A) and send them to the sheriff court with a short note explaining why you could not use the online system. The form asks who you are claiming against, what happened, what you want the court to order and what you have done to try to settle.
3. Pay the court fee
According to Citizens Advice Scotland, the fee to lodge a claim is £23 for claims of £300 or less and £127 for claims over £300. You may not have to pay if you receive certain benefits or legal aid. If the court rejects the claim form, the fee is refunded.
4. The court issues a timetable
The sheriff clerk checks the form. If it is accepted, the court registers the claim and issues a timetable with key dates, including the last date for serving the claim on the respondent and the last date for the respondent to reply.
5. Serve the claim
You cannot serve the claim yourself. If you are an individual or sole trader, you can ask the sheriff clerk to send it by recorded delivery. Otherwise, a sheriff officer or solicitor serves it for a fee. If the respondent's address is unknown after reasonable efforts, the court can allow service by advertisement.
What happens after the claim is served?
By the last date for a response, the respondent can:
- Admit the claim and pay, which ends the case.
- Admit the claim and apply for time to pay, asking to pay by instalments.
- Dispute the claim by returning a response form explaining why.
- Do nothing. You must then apply for a decision (Form 7A) within two weeks of the last date for response, or the sheriff will dismiss the claim.
If the claim is disputed
The sheriff reviews the claim and response and decides how the case should proceed. They can ask the parties to try to negotiate or use alternative dispute resolution, hold a case management discussion, order documents to be lodged and fix a hearing. Hearings are less formal than in other courts. You explain your case in your own words and the sheriff may ask questions. You can bring witnesses, and you can ask a friend or lay representative to help you.
Tip: keep your evidence organised in date order and number each document. The sheriff will want to see clearly what was agreed, what went wrong and how you calculated the amount you are claiming.
Will I have to pay the other side's expenses if I lose?
Expenses in simple procedure are limited to keep the risk proportionate. According to Citizens Advice Scotland:
- For claims of £300 or less, no expenses are usually awarded.
- For claims between £300 and £1,500, expenses are capped at £150.
- For claims between £1,500 and £3,000, expenses are capped at 10% of the value of the claim.
- For claims between £3,000 and £5,000, there is no fixed cap.
The caps do not apply if the respondent had no genuine defence or if a party behaved unreasonably. You will usually have to pay your own costs, such as court fees and any solicitor you choose to instruct.
Appealing a decision
If you think the sheriff made an error of law, you can appeal to the Sheriff Appeal Court. Citizens Advice Scotland lists the appeal fee as £74. You cannot appeal simply because you disagree with how the sheriff assessed the facts.
Getting your money: enforcement
Winning a decision does not guarantee payment. If the respondent does not pay, you can ask the court for an extract of the decision and instruct a sheriff officer to enforce it. Common methods include:
- A charge for payment, a formal demand giving the respondent 14 days to pay.
- Arrestment of earnings, which takes money from wages.
- Bank arrestment, which freezes funds in a bank account.
Before you start, think about whether the respondent can actually pay. A claim against someone with no money or assets may not be worth pursuing.
What if my claim is over £5,000?
Claims over £5,000 are raised under ordinary cause procedure in the sheriff court, or in the Court of Session for higher-value cases. Ordinary cause is more formal, expenses can be much higher and most people instruct a solicitor. Our ranking of civil litigation solicitors in Glasgow compares firms that handle disputes of every size.
Frequently asked questions
What is the small claims limit in Scotland?
Simple procedure, which replaced small claims in 2016, covers claims for money worth £5,000 or less.
How much does it cost to make a small claim in Scotland?
Citizens Advice Scotland lists the court fee as £23 for claims of £300 or less and £127 for claims over £300. Fee exemptions are available for people on certain benefits.
Do I need a solicitor for simple procedure?
No. Simple procedure is designed for people to use without a solicitor, although you can instruct one or bring a lay representative.
What happens if the other person does not respond?
You must apply for a decision within two weeks of the last date for a response. If you do not, the sheriff will dismiss the claim.
Can I lose more than my claim if I lose the case?
Expenses are capped for most simple procedure claims, with no expenses usually awarded for claims of £300 or less and a £150 cap for claims up to £1,500. Caps do not apply if a party behaved unreasonably.
How do I get paid if I win?
If the respondent does not pay, a sheriff officer can enforce the decision with a charge for payment, arrestment of earnings or a bank arrestment.
Conclusion
So, how do you take someone to the small claims court in Scotland? Try to settle first, then raise a simple procedure claim in the right sheriff court, usually through Civil Online, pay the fee and follow the court's timetable. Keep your evidence organised, respond to every deadline and think about enforcement before you start.
For higher-value or complex disputes, compare the leading civil litigation solicitors in Glasgow.