Recover an Unpaid Invoice in Scotland Through the Sheriff Court

When You've Done the Work and Not Been Paid

An unpaid invoice is not just frustrating — for sole traders and small businesses, it is a direct hit to cash flow. In Scotland, if the amount owed is £5,000 or less, you can pursue recovery through Simple Procedure in the Sheriff Court without instructing a solicitor.

The process has two distinct phases: getting the court decision, and enforcing it if the debtor still does not pay. Most people underestimate the second phase.

The Court Process: Claim to Decision

Send a demand letter first. Before filing, write to the debtor setting out the amount owed, the work completed or goods delivered, and a deadline to pay (14 days is standard). Keep a copy as a record of your attempt to resolve the matter.

File through Civil Online. Simple Procedure claims can be filed online via the SCTS Civil Online portal. The court fee is £23 for claims of £300 or less, or £127 for claims between £300.01 and £5,000.

Serve and wait. The claim must be formally served on the debtor. The court timetable sets the last date for service and the last date for response, normally at least three weeks later. If no response is received, you can apply for a decision in default within two weeks of the response deadline. If the debtor disputes the claim, the court schedules a hearing.

Get the Decision Form. If you succeed, the sheriff issues Form 13A — the Decision Form that orders the debtor to pay.

The Part Most People Don't Expect

The court does not collect the money for you. The Sheriff Clerk will not chase the debtor, freeze bank accounts, or send enforcement officers. That is entirely your responsibility.

After the Decision Form is issued, you must wait four weeks before taking any enforcement action. Once that period has passed and no appeal is pending, you can move to serve a Charge for Payment. A Form 13B recall application may be lodged within 14 days after service of the Charge or execution of an arrestment, and a valid application pauses enforcement.

Enforcing the Decision

Step 1: Serve a Charge for Payment. Instruct a Sheriff Officer to serve a formal statutory demand on the debtor. Cost: £40–£85 plus VAT. The debtor gets 14 days to pay.

Step 2: After the Charge expires, if they still don't pay, instruct diligence. Your options depend on what the debtor has:

• Bank arrestment freezes their bank account (funds above £1,000 for individuals)
• Earnings arrestment deducts from their wages through their employer
• Attachment seizes business equipment, vehicles, or stock
• Inhibition blocks them from selling property

For a tradesperson chasing another tradesperson, earnings arrestment is often the most reliable route if you know where the debtor works. For business debts where you know the debtor's bank, bank arrestment is faster but depends on the account having funds at the moment of service.

What If the Debtor Has Nothing?

If the debtor is insolvent, in a Protected Trust Deed, or has entered the Minimal Asset Process (Scotland's simplified bankruptcy for debts under £25,000), enforcement becomes impractical. Checking the Accountant in Bankruptcy's registers before spending money on Sheriff Officer fees saves you from paying for diligence that cannot succeed.

The complete enforcement process — from the four-week waiting period through each diligence tool and closing the case — is covered in the enforcement guide.

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