Form 13B Recall Application Scotland: What Creditors Need to Know

What a Form 13B Recall Application Is

A Form 13B is an application to recall (cancel) a Simple Procedure decision that was made in the debtor's absence. "In absence" means the debtor did not file a response to the claim, did not attend the hearing, or otherwise failed to participate in the case.

The applicant must set out clearly why they want the decision recalled. If the decision followed an Application for a Decision (Form 7A), the respondent must also include a completed Response Form (Form 4A). The rules do not make a reasonable excuse and a stateable defence formal prerequisites for recall.

When It Can Be Filed

For a dismissal, a party may apply for recall within two weeks of the claim being dismissed. For another decision, a party may apply any time before it is fully implemented. If a Charge for Payment or arrestment has been executed, the Rules define that cutoff as 14 days after the first such execution. The period does not run from the date of the original decision.

What Happens to Your Enforcement

The Sheriff Clerk checks whether this is the first recall application. If it is, the sheriff must issue Standard Order SO13 arranging a discussion in court.

If you are sent the Form 13B, you must not enforce the decision until the sheriff decides whether to recall it. If you have already instructed a Sheriff Officer to serve an arrestment, notify them that enforcement is paused. Any funds frozen by a bank arrestment before the recall application was lodged remain frozen, but you cannot execute new enforcement steps.

The Discussion Hearing

At the discussion, the sheriff considers whether to recall the decision. You can oppose recall by responding to the reasons in the application and explaining why the decision should stand.

The sheriff may grant or refuse the recall:

1. Recall granted. The decision is cancelled. The case restarts — the debtor now participates, and the claim is heard on its merits. You keep your right to pursue the claim, but the existing decree is gone along with any enforcement steps taken under it.

2. Recall refused. The original decision stands. Your enforcement rights resume in full. You can instruct the Sheriff Officer to continue from where they left off (assuming the Charge for Payment is still valid — remember, a Charge expires two years after service).

How to Prepare

If you receive notice that a Form 13B has been lodged, gather your evidence that the debtor was properly served with the original claim. The Sheriff Officer's certificate of service is the key document — it proves the debtor received the court papers.

Also prepare to argue the merits of your original claim if the recall is granted and the case restarts. Having your evidence organised means less delay if the matter proceeds to a fresh hearing.

Practical Impact

A recall application is unsettling — it feels like the case you already won is being undone. But if the debtor genuinely did not receive the original papers or had a serious reason for not responding, the recall process exists to prevent injustice. If your claim is solid, you will get the same result at a contested hearing.

The enforcement guide includes a section on handling procedural interruptions, including Form 13B recalls and Form 15B alternative decision applications, so you know what to expect and how to respond at each stage.

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