How to Sue Someone in Scotland for Money Owed

The Short Version

If someone owes you up to £5,000 in Scotland, you sue them through the Sheriff Court using a process called Simple Procedure. You file a Claim Form (Form 3A) through the Civil Online portal, pay a court fee of £23 or £127, serve the papers on the person who owes you, and either get a decree (the Scottish equivalent of a judgment) by default or present your case at a hearing.

Here's how each step works.

Step 1: Check Whether You Can Sue

Before anything else, verify three things:

Is your claim under the £5,000 limit? Simple Procedure covers money claims up to £5,000 (the principal sum, excluding interest and expenses). Claims above that threshold follow a more complex procedure called Ordinary Cause.

Has your claim expired? Scotland uses a five-year negative prescription period for most debts. If five years pass without a relevant claim or relevant acknowledgement, the debt is extinguished. Sending demand letters, negotiating, or registering a draft claim on Civil Online does not stop the clock. Formal judicial service of your Claim Form interrupts prescription, and a relevant acknowledgement by the debtor can also interrupt it.

Is it the right court? Some disputes go elsewhere. Tenancy deposit disputes go to the First-tier Tribunal for Scotland (Housing and Property Chamber), not the Sheriff Court. Personal injury claims go to the Sheriff Personal Injury Court.

Step 2: Send a Demand Letter

While not legally mandatory, a pre-action demand letter is standard practice and sheriffs expect to see evidence that you tried to resolve things before filing. Send it by recorded delivery or trackable email, giving the other person at least 14 days to pay.

Your letter should state the exact amount owed, why it's owed, and that you'll file a court claim if they don't pay by the deadline. Keep it factual — threatening language can undermine your case.

Step 3: Identify the Right Legal Entity

Getting the respondent's legal identity wrong means your decree could be unenforceable. If you're suing a person trading under a business name, you sue the individual ("John Smith trading as Smith Builders"). If it's a limited company, check Companies House for the exact registered name and company number, and serve at the registered office address.

Step 4: File on Civil Online

Create an account on the SCTS Civil Online portal and complete Form 3A. The form walks you through sections covering the parties, jurisdiction, the amount you're claiming, the background facts, any pre-filing resolution attempts, and evidence uploads.

Pay the court fee: £23 for claims of £300 or less, £127 for claims between £300.01 and £5,000. If you're on qualifying benefits (Universal Credit, Income Support, Pension Credit, or others), you can apply for fee exemption.

The Sheriff Clerk reviews your submission before registering it. If there's a problem, they reject it and refund your fee.

Step 5: Serve the Claim

Once registered, the court issues Form 3D — a timetable setting deadlines for service and response. You must serve the claim papers at least 21 days before the response deadline.

You can't hand the papers to the respondent yourself. Service must go through recorded delivery post, a Sheriff Officer, or the Sheriff Clerk (for individual claimants who aren't businesses, for a £15 fee). After service, you file Form 6C confirming how and when you served.

Step 6: Get Your Decree or Go to a Hearing

If the respondent doesn't reply by the deadline, you have 14 days to submit Form 7A (Application for a Decision). Attach the mandatory Expenses Claim Form — since the Cabot v Walls ruling in May 2025, this is required for all claims, defended or not. Miss the 14-day window and the sheriff must dismiss your claim.

If the respondent does reply with Form 4A, the case moves to a Case Management Discussion and potentially a hearing. You'll need to lodge your evidence list (Form 10A) and witness list (Form 11A) at least 14 days before the hearing.

Step 7: Enforce the Decree

Winning doesn't mean the money arrives automatically. After the decree, there's a mandatory four-week waiting period. If an appeal or recall prevents enforcement, you must wait until the court deals with it. Otherwise, you can instruct a Sheriff Officer to serve a Charge for Payment, giving the respondent 14 days (28 if outside the UK or their address is unknown) to pay. If they still don't pay, enforcement options include earnings arrestment, bank account arrestment, and attachment of goods.

The Scotland Simple Procedure Guide provides detailed worksheets for each stage, including a demand letter template and deadline tracker, so nothing falls through the cracks.

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