Simple Procedure Decree Scotland: What It Is and How to Get One

If you're reading about small claims from an English perspective, you'll see references to "County Court Judgments" and "default judgments." Scotland uses different language for a different system. When you win a Simple Procedure claim in the Sheriff Court, what you get is a decree — a formal court order stating that the respondent owes you money.

How a Decree Gets Granted

There are two routes to a decree:

Undefended claims. If the respondent doesn't file Form 4A (defence) or Form 5A (time to pay) by the response deadline, you submit Form 7A (Application for a Decision) within two weeks. Attach the mandatory Expenses Claim Form pro-forma — required since the Cabot v Walls ruling in May 2025 — and the Sheriff grants the decree without a hearing.

Defended claims. If the respondent disputes the claim, the case goes through case management discussions and potentially a hearing. The Sheriff hears both sides, reviews the evidence, and decides. If you succeed, the decree is granted at the end of that process.

In both cases, the decree specifies the principal sum, any interest, and whatever judicial expenses the Sheriff allows.

Decree vs County Court Judgment

A decree is not a CCJ. The two exist in separate legal systems:

• A CCJ (England and Wales) is recorded on the Register of Judgments and can affect credit ratings unless paid within 30 days.
• A decree (Scotland) is a Sheriff Court order. Scotland has its own Register of Judgments and a separate enforcement framework.

If you've been researching online and stumbled onto advice about CCJs, Money Claim Online (MCOL), or Form N1, none of that applies in Scotland. Simple Procedure uses Form 3A, Civil Online, and the Sheriff Court.

What Happens After the Decree

The decree tells the respondent to pay. It doesn't force them. If they pay voluntarily — either the full amount or through an agreed instalment plan — that's the end of it.

If they don't pay, you enforce. Enforcement in Scotland is handled by Sheriff Officers, and the main tools are:

• Earnings arrestment: the Sheriff Officer serves the respondent's employer, who then deducts a statutory portion of wages each pay period until the debt is cleared
• Bank arrestment: the Sheriff Officer freezes the respondent's bank account and recovers funds up to the decree amount
• Attachment of moveable property: a Sheriff Officer can seize and sell the respondent's possessions, though this is less common for smaller debts

Each enforcement action carries its own Sheriff Officer fees, which are added to the amount recoverable from the respondent.

How Long a Decree Lasts

A decree is subject to a 20-year prescriptive period under the Prescription and Limitation (Scotland) Act 1973. Before formal enforcement, you must wait 4 weeks from the date Form 13A is sent. A Sheriff Officer must then serve a Charge for Payment; the respondent has 14 days to pay if in the UK, or 28 days if outside the UK or the address is unknown.

Can the Respondent Challenge a Decree?

If the decree was granted in their absence (they didn't respond or didn't attend the hearing), the respondent can file Form 13B (Application to Recall). Recall is available only in the specific situations set out in Rule 13.5, including when a decision followed the respondent's failure to respond by the deadline or attend a case management discussion or hearing.

Either party can appeal a decree to the Sheriff Appeal Court using Form 16A, but appeals are limited to questions of law, not rehearing the facts.

For the complete process from filing to decree to enforcement, see our Scotland Simple Procedure guide.

See more Scotland guides →