Help please - Initial writ?

[lola2006]

I have just spoken to the Ordinary Actions dept at the Sherrif Court. I am claiming for £5700.00. They have told me I need to get an "initial writ" to allow them to serve a warrant to my bank.

I am totally lost with what this is, can anyone help?

 

 

Thanks

 

[garyhay]

I have just spoken to the Ordinary Actions dept at the Sherrif Court. I am claiming for £5700.00. They have told me I need to get an "initial writ" to allow them to serve a warrant to my bank.

I am totally lost with what this is, can anyone help?

 

 

Thanks

 

 

 

You should talk to a solicitor about this. It's not wise to go ahead for that amount on your own. Try the Govan Law Centre

[Giveitback]

keep us up to date, this is beyond me, I'd have just split it into 4 Summary causes.

[Advocate]

Lola,

 

An "initial writ" is the term applied to the document by which you raise an action in the ordinary cause procedure in the Sheriff Court. The other procedures available in that court are the small claims (for claims up to and including £750) and Summary cause (in respect of monetary claims up to and including £1500).

 

The rules for drafting your pleadings in ordinary cause procedure are a great deal more complicated than for small claims or summary cause, although the principles are the same. Those being that you have to state the factual and legal basis for your claim such as to allow the defender to know from the writ alone the basis of the case that they face and thereafter require to decide whether to defend.

 

An initial writ requires you to set out your pleadings in a well defined structural manner. Garyhay is correct when he suggests that you should seek the assistance of a solicitor if you wish to go down this route, as without legal training it is very likely that you would make mistakes which may prove fatal to your case.

[lola2006]

Thank you very much for all the help. I'll get in touch with the Govan law centre and then try a solicitor if that fails.

 

Thanks again