Time Limits for Making a Claim in Scotland: Prescription Rules Explained

Five Years, Then the Debt Is Gone

Scotland doesn't use the phrase "statute of limitations." The equivalent concept is negative prescription, governed by the Prescription and Limitation (Scotland) Act 1973 (as amended by the Prescription (Scotland) Act 2018). And it works differently from limitation periods in England or the US in one critical way: when a debt prescribes in Scotland, it isn't just time-barred — it's completely extinguished. The debt ceases to exist as a matter of law.

For most money claims that go through Simple Procedure — unpaid invoices, contractor deposits, loan repayments, money owed under contracts — the relevant period is five years of short negative prescription under Section 6 and Schedule 1 of the 1973 Act.

When the Clock Starts

Prescription runs from the "appropriate date" — the point when the obligation became enforceable. In practice, this is usually one of the following:

• Invoices: the date payment became due under the contract or applicable payment terms
• Loan repayments: the date each instalment was due
• Contractor deposits: the date the contractor was required to start work or refund the deposit
• Consumer refunds: the date the obligation to provide a remedy became enforceable; this depends on the facts
• Property damage: the date the damage occurred (or in some cases, the date you discovered it)

Once five years pass from the appropriate date without interruption, the claim is dead. You cannot revive it, and no court will enforce it.

What Does NOT Stop the Clock

This is where people get caught out. These common actions feel like progress but do nothing to interrupt prescription:

• Sending demand letters — even by recorded delivery, even with a deadline
• Making phone calls or sending emails chasing payment
• Complaining on social media or leaving reviews
• Registering a draft claim on Civil Online without completing the process
• Filing the claim with the court but not serving it on the respondent
• Engaging in mediation or ADR discussions
• A verbal promise to pay on its own — a relevant acknowledgement must meet the legal criteria, including qualifying performance or an unequivocal written admission

The clock keeps running through all of these. Many people lose otherwise valid claims because they spent years sending reminders instead of filing.

What DOES Stop the Clock

For the Simple Procedure money claims covered here, the main interruption routes are:

A relevant claim: formal judicial service of the Claim Form on the respondent. This means your Form 3A must be registered by the Sheriff Clerk and formally served — by recorded delivery, Sheriff Officer, or court-assisted postal service — before the five-year window closes. Filing on Civil Online alone is not enough; the respondent must receive the papers.

A relevant acknowledgement: under section 10, this can be performance by or on behalf of the debtor that clearly indicates the obligation still subsists, or an unequivocal written admission to the creditor or their agent clearly acknowledging that it still subsists. Whether a particular payment or message qualifies depends on its wording and context. A relevant acknowledgement interrupts prescription.

Practical Implications

If your debt is approaching the five-year mark, file sooner rather than later. Civil Online registration takes a few days for the Sheriff Clerk to process, and you still need to serve the papers before prescription expires. Build in at least three to four weeks of buffer.

If you're unsure when prescription started running — because the contract had unclear payment terms, or the breach happened over a period of time — get that question answered before you invest time in preparing a claim. Citizens Advice Scotland can help with this kind of assessment.

If the period may already have expired, do not assume that a later admission revives the obligation. A relevant acknowledgement made before expiry can interrupt prescription; get advice if the dates or effect of an acknowledgement are uncertain.

The Bottom Line

If someone owes you money in Scotland, the five-year prescription period is the hard deadline. Everything else — demand letters, negotiations, complaints — is useful but does not protect your legal right to sue. A relevant claim, such as formal service in a Simple Procedure action, or a relevant acknowledgement by qualifying conduct or written admission can interrupt the clock.

The Scotland Simple Procedure Guide includes a prescription deadline calculator worksheet to help you determine exactly when your claim window closes, so you can file in time rather than discover the deadline after it's passed.

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