Missed the Response Deadline in Simple Procedure Scotland

The Deadline Has Passed — Now What

If the "last date for a response" on Form 3D has gone by and you have not submitted Form 4A, you are in procedural default. That does not mean a decree has been automatically granted against you, but it does mean the claimant can now apply for one.

The first question is whether the claimant has already taken that step.

Stage 1: No Decision Yet

After your response deadline passes, the claimant has two weeks to lodge Form 7A (Application for Decision). Before Form 7A is lodged, there may still be a chance for the Sheriff to consider a late Form 4A. If Form 7A has been filed, contact the Sheriff Clerk immediately; once the Sheriff has signed the decision, your route is Form 13B.

Contact the Sheriff Clerk at the court handling the case. Explain that your response is late and ask whether Form 7A has been filed. If it has not, lodge Form 4A immediately through Civil Online. The Sheriff has discretion under Rule 1.8 to accept a late response if it is fair and proportionate to do so.

This is the cheapest and simplest rescue. There is no court fee for filing Form 4A, and no formal application is needed — just submit the response before the claimant locks in the decree.

Stage 2: A Decision in Absence Has Been Granted

If the claimant has filed Form 7A and the Sheriff has signed Form 13A (the Decision Form), you now have a decree against you for the amount stated in the Decision Form, plus any expenses awarded.

At this stage, you cannot simply file a late Form 4A. Your remedy is a Form 13B recall application.

A decision in absence is not an appeal — it is a request to reopen the case. You must show two things:

1. A reasonable excuse for missing the deadline — hospitalisation, postal misdelivery, being away from home with no forwarding address. "I forgot" or "I didn't think it was serious" may not be enough.
2. A stateable defence — you must attach a completed Form 4A showing that if the case were reopened, you have a real dispute with the claim.

The Sheriff Clerk checks that this is your first recall application in this case (you only get one) and issues Standard Order SO13, fixing a discussion hearing. You must send a copy of Form 13B and the attached Form 4A to the claimant at least five calendar days before that hearing.

At the discussion, the Sheriff reviews your excuse and the defence in your Form 4A. If recall is granted, the default decree is wiped out, the timetable is reset, and your Form 4A is registered as if you had filed on time. If recall is refused, the original decree stands.

Stage 3: Enforcement Has Already Started

If enough time has passed that a Charge for Payment has been served on you by sheriff officers, enforcement is underway. The claimant waited the mandatory four weeks after the decree and then instructed officers to demand payment within 14 days.

You can still file Form 13B at this stage, but you should also ask the court urgently to pause enforcement while your recall application is considered. This is not automatic — the Sheriff decides.

If the Charge for Payment period expires without payment or a recall being granted, the claimant can pursue earnings arrestment (deductions from wages), bank arrestment (freezing funds in your accounts), or attachment (seizure of moveable property).

Credit Record Consequences

Once a decree is registered, it goes on Registry Trust's Register of Decrees, Scotland. The entry remains there for six years unless it is recalled or cancelled. If you pay in full within one calendar month of the decree date, you can apply to have the entry removed; after one month, it can be marked "Satisfied" but remains on the register for the rest of the six-year period.

The Practical Takeaway

The closer you are to the original deadline, the more options you have. A late Form 4A filed before the claimant submits Form 7A costs nothing and needs no explanation. Once a decree is signed, Form 13B is your only route — and it works only once.

The Scotland Simple Procedure response guide covers the full recall process and includes a triage checklist for working out which stage you are at and what to file.

See more Scotland guides →