Small claims confusion - Pursuer in Scotland, Defendant in England

[dps1988]

Hi - I live in Scotland and I need to raise a small claims action against someone in England. He is an individual (not a company), and he owes me money circa £600.

 

I've called my local sheriff court, and the county court in England, and neither gave me a straight answer, and I'm still none the wiser!

 

Please help me!

[steampowered]

The standard rule is that you should sue where the Defendant is. In this case that is England. The matter will likely be transferred to the nearest county court to the Defendant.

 

You could sue in Scotland as an alternative if there is some recognised legal basis on which the Scottish courts could exercise jurisdiction: for example, if the payment arose under a contract for services performed in Scotland. But choosing to sue in Scotland would add an extra layer of complication and would also make it more difficult to enforce the judgment ... there is a registration process before you can enforce a Scottish judgment in England.

[dps1988]

Ok steampowered thank you very much for your response.

 

I will raise the claim in England. I've heard of the money claim online service, and read something about having to live in England in order to use it. I don't suppose you know if I can use it?

 

Thanks so much

[AndyOrch]

Or you could issue it from Scotland :-

 

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/small-claims

 

 

http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/serving-or-enforcing-a-court-order

 

Regards

 

Andy