thinking of suing in the sheriff court?

(for Scotland)

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If you live in Scotland and have been given faulty goods or a bad service or, perhaps, not received the goods or service at all, you are entitled to seek redress in a sheriff court.

As from 14 January 2008, if your claim is for £3,000 or less, it can be dealt with as a small claim using the small claims procedure, within the sheriff court. If the value of your claim is above the small claims limit of £3,000 you should seek the advice of a solicitor, as you will need to use either the summary cause (for claims between £3,000 and £5,000) or the ordinary cause procedure (for claims over £5,000). Representation in court will be essential.

There is little point in suing if the other party is unlikely to be able to pay or unwilling to do so. It is wise to check their financial and trading circumstances. When starting a claim, the first step is usually to notify the other party, in writing, that you intend taking court action. You should then ask your local sheriff clerk's office for a claim form. It is very important to make sure that you sue the correct person/business. You can take the completed claim form, plus copies and the fee to a sheriff clerk's office. It is essential that you are fully prepared for the hearing and that you have all relevant original documentation with you. If you win your case, the sheriff will order the defendant to pay either immediately, by instalments or in full by a certain date.