How to Recall a Default Decision in Scotland — Form 13B

What a Default Decision Is

When a respondent in a Simple Procedure case fails to lodge Form 4A by the deadline or does not attend a hearing, the claimant can apply for a decision in absence using Form 7A. The Sheriff reviews the papers and signs Form 13A — a decree for some or all of the amount claimed, plus any expenses awarded — without hearing the respondent's side.

This is not a permanent, unchallengeable judgment. Scotland's Simple Procedure rules include a mechanism to reopen the case: the Application to Recall using Form 13B.

The One-Recall Rule

Rule 13.6 is clear: you get one recall application per case. If you file Form 13B and the Sheriff refuses it, you cannot try again. The original decree stands and enforcement proceeds. There is no second chance with a better explanation or more evidence.

This means the application needs to be thorough the first time.

What Form 13B Requires

When considering recall, the Sheriff looks at why you missed the deadline or hearing and at your proposed response:

1. Explain why you missed the deadline or hearing. The Sheriff needs to understand what happened. Examples include non-receipt of the papers (postal failure), hospitalisation or serious illness, being abroad with no forwarding address, or genuine administrative confusion about the date. Vague claims — "I was busy" or "I didn't think it mattered" — are unlikely to succeed.

2. Include a completed Form 4A if the decision followed the claimant's Form 7A. In it, set out your substantive defence — an actual dispute with the claim, not just a generalised denial. The Sheriff considers the proposed defence when deciding whether to recall the decision.

How to File

Submit Form 13B through Civil Online at scotcourts.gov.uk or at the Sheriff Court counter on paper. If the decision followed the claimant's Form 7A, include a completed Form 4A. For paper filing, include a note explaining why you cannot use Civil Online.

The Sheriff Clerk verifies that this is your first recall application in this case and issues Standard Order SO13, which fixes a date for a discussion hearing.

You must formally send a copy of Form 13B and Form 4A to the claimant at least five calendar days before the hearing date. Keep proof of posting or email delivery.

The Discussion Hearing

At the SO13 discussion, the Sheriff considers your excuse and your proposed defence. The claimant may attend and oppose the recall.

If the Sheriff grants the recall, the default decree is wiped out. The case reopens, the timetable is reset, and your Form 4A is registered. The case then proceeds as if you had responded on time — a Case Management Discussion or hearing is scheduled. The Sheriff may award minor expenses against you to compensate the claimant for the steps caused by the default.

If the Sheriff refuses the recall, the original decree stands. The claimant resumes enforcement. Your remaining option is an appeal to the Sheriff Appeal Court on a point of law using Form 16A, but that has a strict four-week deadline and a high threshold — it must show the Sheriff made a legal error, not simply that you disagree with the outcome.

Recall vs Appeal — Two Different Tools

These are commonly confused, but they serve different purposes:

• Form 13B (Recall): targets decisions made because you were absent or did not respond. Heard by the local Sheriff Court. Requires a reasonable excuse and a defence. One attempt only.
• Form 16A (Appeal): targets final decisions made after a hearing. Heard by the Sheriff Appeal Court in Edinburgh. Restricted to points of law. Must be filed within four weeks of the Decision Form being sent.

If the decree was granted because you missed the deadline, Form 13B is your route. If the decree was granted after you attended and presented your case, Form 16A is the route.

The Scotland Simple Procedure response guide includes the full recall workflow and a checklist for building the strongest possible Form 13B application.

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