Scotland · Small Claims
Scotland simple procedure (Sheriff Court): sue for up to £5,000. Filing fees £18–£104, 4–12 weeks to hearing. Official forms, deadlines, and evidence guide.
Court Name
Sheriff Court (Simple Procedure)
Filing Limit
£5,000
Filing Fee
£18–£104 depending on claim amount
Response Deadline
21 days after service to submit a Response Form
Hearing Timeline
4–12 weeks after filing
Statute
Simple Procedure Rules 2016 (Act of Sederunt (Sheriff Court Rules Amendment) (Simple Procedure) 2016 SSI 2016/200)
✓ Verified as of 2026-03-30
The Sheriff Court Simple Procedure handles civil money claims up to £5,000 in Scotland under Scottish law. It replaced the previous Summary Cause and Small Claim procedures and is designed to be accessible to individuals and small businesses without legal representation. Common disputes include unpaid debts, faulty goods or services, minor property damage, unpaid invoices, and consumer contract breaches. Scotland has its own distinct legal system, separate from English law, and procedure in the Sheriff Court differs from the County Court in England. The Simple Procedure process is designed to be flexible and informal, sheriffs have wide discretion to manage hearings and can adapt the procedure to suit the case. ThreadLock helps you organize your documents, build a chronological timeline, and export a court-ready evidence bundle before your Sheriff Court hearing.
Any individual aged 16 or over (the age of legal capacity in Scotland), business, partnership, or organization may use the Simple Procedure to raise a claim. You must file in the correct Sheriff Court, generally the court for the sheriffdom where the defender (defendant) lives or carries on business, or where the contract was to be performed. Solicitors may represent parties in Simple Procedure, but most parties appear without legal representation given the lower value of claims. Legal aid is not generally available for Simple Procedure claims. Fee exemptions are available for those receiving certain benefits or on low incomes, ask the court office when filing.
To raise a Simple Procedure claim, complete the Claim Form (CP1) available at any Sheriff Court office or online at the Scottish Courts website. You will need the full name and address of the defender, a clear statement of your claim and why you believe money is owed, the amount claimed, and supporting documents. The filing fee is £18–£104 depending on claim amount.
After filing, the court serves the Claim Form on the defender. The defender must submit a Response Form (CP3) within 21 days after service. If the defender does not respond, you can apply for a decision without a hearing. If the defender responds, the sheriff may arrange a settlement discussion or hearing.
At the hearing, both parties present their evidence and arguments to the sheriff. Hearings are informal, and the sheriff may ask questions to clarify the issues. The sheriff may decide the case on the day or issue a written decision. If you are awarded a decree (judgment), and the defender does not pay, you can enforce it through diligence, the Scottish term for court-based enforcement methods such as earnings arrestment (wage garnishment), bank account arrestment, or attachment of moveable property.
Sheriffs in Simple Procedure hearings expect organized, clear evidence. The strongest presentations follow a chronological structure: they tell the story in order, with documents supporting each step. Common evidence includes contracts and quotes, invoices and receipts, photographs, emails and text messages, bank statements, and written communications.
For Scotland disputes involving unpaid debts, faulty goods or services, minor property damage, unpaid invoices, and consumer contract breaches, the evidence that determines outcomes is whatever establishes the agreement, shows what actually happened, and quantifies your loss. The sheriff cannot award what you cannot prove, bring every document that supports your claim or defence. Prepare three copies: one for yourself, one for the defender, and one for the sheriff.
ThreadLock's incident journal lets you log events as they happen with date and time stamps and attached photos or documents. The timeline builder assembles those entries into a chronological view of your case. The exhibit export tool labels and numbers your documents into a court-ready bundle.
What is the maximum I can claim using Simple Procedure in Scotland?
The Simple Procedure covers claims up to £5,000. For claims above this amount, you would use the Summary Cause procedure (up to £100,000) or the Ordinary Cause procedure (any amount) in the Sheriff Court. Both have more formal procedures and may require solicitor representation.
Do I need a solicitor for Simple Procedure in Scotland?
No. Simple Procedure is designed for self-represented parties and the process is intentionally accessible. Solicitors are permitted, but legal aid is generally not available for these claims. Most claimants handle their own Simple Procedure cases.
What does it cost to raise a Simple Procedure claim in Scotland?
Filing fees are £18–£104 depending on claim amount. If you are awarded a decree, the court will usually order the defender to reimburse your court fee. Fee exemptions are available for those on qualifying benefits or low incomes.
What is diligence and how do I enforce a judgment in Scotland?
Diligence is the Scottish term for legal enforcement of a court judgment (decree). Common diligence options include earnings arrestment (deducting from the defender's wages), bank account arrestment (freezing money in the defender's bank account), and attachment of moveable property. Each requires a separate step after the decree is granted. A sheriff officer (equivalent of a bailiff in England) typically carries out diligence.
What if the defender ignores the claim and does not respond?
If the defender does not submit a Response Form within 21 days of service, you can apply to the sheriff for a decision without a hearing (a decree in absence). You will need to provide evidence supporting your claim. A decree in absence has the same legal force as a decree after a contested hearing and can be enforced through diligence.
ThreadLock helps you document incidents, organize evidence, and prepare court-ready materials, so you walk in prepared.
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