Summary Cause

[calvi36]

My partner has had a summary cause summons served on her for alleged unpaid rent when she was told that an award for housing benefit had been granted. She has the award letter. The action has been raised in Dunbarton Sheriff Court, we live nowhere near there. Is it possible to challenge the jurisdiction of the court as she could not afford the travelling costs to this court. We live about 35 miles away. She does want to defend this.

[rory32]

It is the pursuer not the defender who decides where the court case is to be held. So with regards to getting the case moved to another court you can probably forget it. You must at least enter a defence (you can do this by post) otherwise it will be assumed that you do not contest the case.

[calvi36]

Ta Rory, I was sure this was the case.

[rory32]

I don't think you have much to worry about if you enter a defence as you have the award letter - so the landlord should be taking the DSS to court not you if he has not received payment.

Good luck, hope it all turns out okay........Rory

[rory32]

Just had a thought - does your partner qualify for legal aid? If so you may be able to get a lawyer to attend the court and prepare your defence.

[calvi36]

well am not sure as she is technically employed Rory but on maternity leave.

[rory32]

Worth looking into though, as it depends on your income rather than whether you are employed. Failing that speak to your local CAB for advice.

Another alternative is to phone a solicitor for some advice they will usually give you a few minutes over the phone for free, but I would try the CAB first.

[caledfwlch]

I thought a defendant had the right to have the case heard near them? Otherwise DCA's would be sending out CCJ summons' to be heard in the Orkney Islands, or darkest Cornwall...

[rory32]

This may be of some use calvi Shelter: Defending a summary cause action