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Ive received court date from sheriff court - what now?
Im hoping somebody can clarify this for me please -
I filed small claims at my local sheriff court (as per procedures detailed on this wonderful site)
I have received a date for 'preliminary hearing' etc.
What do i do now? Is it just a case of sitting and waiting to see if the bank back down/respond?
I feel like i should be doing something in the meantime?
Re: Ive received court date from sheriff court - what now?
Turbodiesel, I see you're in Scotland. This site is dedicated to the process in England and Wales as there are different rules in Scotland. You need to clarify with someone the difference. The process in England is that you would be sent an allocation Questionnarre once they submit a defence.
Dave
Re: Ive received court date from sheriff court - what now?
An allocation questionnaire is a form you fill in and send another £100 to the court. It will help the courts decide where the case should be heard. i.e. the small claims court or small claims track as it is known for claims upto £5000
Re: Ive received court date from sheriff court - what now?
Phone the court tha day before the calling date. The pursuer has until that date to respond whether they are going to defend or not. if they are to defend that date is generally one week later as shown on your notes from court. They may make you an offer before the return date, and it would be your choice or not whether to accept that. If you accept offer, then you must let court know. If they are going to defend, then you go along to court at appointed time, log in at reception desk and go to small claims court. The clerk at the middle desk may have had further notes from pursuer to say whether they are attending or not. I completed a claim and was told two weeks ago tht the pursuer had intimated that the claim had been settled, when in my case the anmount they had returned was less thatn in the claim, so I told court that the claim had not been fully settled and I would be appearing at court.
For information to others, I do not think this site is dedicated to claimants in england and wales exclusively.
Re: Ive received court date from sheriff court - what now?
Sorry bandonbhoy, I didn't mean to exclude claimants from Scotland! I was just trying to point out there are difference rules in Scotland and a diifferent court system. Most of the advice given on the site is about the process in England & Wales but essentially the outcome should be the same. It's just a slightly different method of getting there once you issue the claim. I have worked as an expert witness in a Scottish Court Case and found there are one or two differences to the process south of the border.
Regards,
david
Ive received court date from sheriff court - what now?
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