In Scotland, the small claims procedure is different. A small claim in the sheriff court is meant to provide a simple, quick, informal and inexpensive way to settle claims worth up to £750. It allows you to take legal action without having to use a solicitor. It is a do-it-yourself procedure although a friend or adviser can act as your representative. Legal aid is not available for a solicitor to represent you.
A special feature of the small claims procedure is that in most cases there is a limit to the legal expenses which can be awarded. In particular, if the value of the claim is £200 or less, and the case has been defended, there will normally be no award of expenses. In this situation, any court fees paid will not be recoverable.
The most common types of claim are:-
Alternative dispute resolution should be pursued wherever possible. Generally, the courts will not look favourably upon cases where the pursuer has not attempted to resolve the dispute by all other reasonable means before going to court. Court action should be a last resort.
There is no equivalent of 'Money Claim Online' in Scotland. When trying to settle a claim before going to court in Scotland, you should always send letters by recorded delivery post, and you should state clearly that if the matter is not resolved informally, you will take court action.
There are several things you might wish to consider before deciding to start court proceedings, such as:
You should also consider whether you will be able to prove your claim. Considering the following questions may help you to decide this: