Small Claims in Scotland: Simple Procedure Explained
If someone owes you money in Scotland and the amount is £5,000 or less, you do not use the County Court or a small claims track. You use Simple Procedure in the Sheriff Court, a process built so most people can raise and defend a claim without a solicitor.
What Is Simple Procedure?
Simple Procedure is the standard way to raise a low-value civil claim in Scotland's Sheriff Courts. It replaced the older Small Claims and Summary Cause procedures for most money disputes from November 2016, under the Courts Reform (Scotland) Act 2014 and the Act of Sederunt (Simple Procedure) 2016, which set out the rules and forms. It is intended to be quicker, cheaper and more informal than a full civil action, and the paperwork and hearings are designed on the assumption that neither side will have a solicitor, although you are free to instruct one if you want to.
Typical Simple Procedure claims include unpaid invoices, money owed under a private loan, deposit disputes, faulty goods or services, and disputes between neighbours or former partners over shared costs.
Simple Procedure, Summary Cause and Ordinary Cause: Which Applies
Which process applies in Scotland depends on the type and value of the claim, not on the England and Wales limits.
- Simple Procedure: claims for payment of money, or for delivery or recovery of moveable property (goods), where the value is £5,000 or less. This is the route for the great majority of consumer and small-business money disputes.
- Summary Cause: still used for some claim types that Simple Procedure does not cover, most notably personal injury claims up to £5,000, and for some recovery-of-heritable-property actions.
- Ordinary Cause: used for money claims over £5,000, and for personal injury claims over £5,000. Ordinary Cause is a more formal civil action and is more likely to involve solicitors on both sides.
If your claim is for a debt someone owes you, such as an unpaid invoice, a loan you made, or money for damaged property, and the amount is £5,000 or less, Simple Procedure is almost always the right route.
Court Fees
Raising a Simple Procedure claim involves a court fee, and a further fee if the case has to go to a hearing. Fees are set by the Scottish Courts and Tribunals Service and are periodically updated, and some claimants (for example those on certain benefits) can apply for fee exemption. Rather than quote a figure here that may be out of date by the time you read it, check the current fee table on the Scottish Courts and Tribunals Service website, or the overview on mygov.scot, before you start.
How to Raise a Simple Procedure Claim
- Try to resolve it directly first. Contact the other party and ask for payment, ideally in writing, setting a clear deadline. Our Letter Before Action generator can help you put this in writing before you go to court, which most Sheriff Courts expect you to have attempted.
- Work out which Sheriff Court has jurisdiction. This is usually the court covering the area where the other party (the "respondent") lives or has their business, or in some cases where the dispute arose.
- Complete the Claim Form. Simple Procedure claims can be started online through the Scottish Courts and Tribunals Service's Simple Procedure service, or on paper using the Claim Form (Form 3A). You set out who owes the money, why, and how much.
- Pay the court fee and lodge the Claim Form with the Sheriff Court, or submit it through the online service.
- The court serves the Claim Form on the respondent, who is given a set period to respond, admit the claim, or dispute it.
- If the claim is undefended, you can ask the court to grant a decree without a hearing. If it is defended, the case moves to a case management discussion, where the sheriff explores whether it can be resolved or narrowed, and a hearing if it cannot.
- The sheriff decides the case. Simple Procedure hearings are informal and the sheriff can question both sides directly; there is no jury and, in most cases, no need for a solicitor.
- If you win, the court grants a decree for the amount owed (and any expenses awarded).
The Decree: What You Get If You Win
If your claim succeeds, the Sheriff Court issues a decree. This is Scotland's equivalent of a court order for payment, but it is not called a judgment and it is not a CCJ; those are England and Wales terms and do not apply north of the border. A decree confirms the amount the respondent must pay you (and any expenses the court has awarded) and is the document you rely on if you later need to enforce payment.
If the Other Side Does Not Pay: Diligence by Sheriff Officers
A decree does not collect the money for you automatically. If the respondent still does not pay, enforcement in Scotland is called diligence, and it is carried out by sheriff officers, not the bailiffs or enforcement agents used in England and Wales. Common diligence steps include:
- Earnings arrestment: a deduction taken directly from the debtor's wages by their employer, calculated from statutory tables.
- Bank arrestment: freezing funds held in the debtor's bank account, subject to a protected minimum balance.
- Attachment: securing moveable goods (belongings) outside the debtor's home for later sale.
Diligence normally has to follow a formal step called a Charge for Payment, giving the debtor a final short period to pay before enforcement begins. For a fuller walkthrough of sheriff officer powers and limits, see bailiffs' rights across the UK.
How Scotland Differs From England, Wales and Northern Ireland
It is worth being explicit about the contrast, because the systems and vocabulary genuinely do not match up:
- England and Wales use the County Court, the small claims track (limit £10,000), and a County Court Judgment (CCJ). See our guide to the small claims court in England and Wales.
- Northern Ireland has its own Small Claims Court (limit £5,000, aligned with Scotland's figure, not England's), enforced through the Enforcement of Judgments Office (EJO). See small claims in Northern Ireland.
- Scotland uses Simple Procedure in the Sheriff Court (limit £5,000), resulting in a decree, enforced through diligence by sheriff officers.
Do not assume a term or figure from one nation applies in another. A Scottish decree is not a CCJ, Scotland's £5,000 limit is not England's £10,000 limit, and sheriff officers are not bailiffs.
Scotland's 5-Year Prescription
Scotland also has its own time limit on debt, and it works differently from the rest of the UK. Under the Prescription and Limitation (Scotland) Act 1973, most ordinary debts prescribe, meaning they are legally extinguished, after 5 years with no payment, no written acknowledgement, and no court action. This is a sharper rule than the equivalent 6-year time limits in England, Wales and Northern Ireland, where an old debt becomes harder to enforce in court but does not stop existing. Before raising, or responding to, a Simple Procedure claim over an old debt, check our guide to statute-barred debt to see whether prescription may already have wiped it out.
If You Are the One Being Sued, or Need Wider Debt Advice
If you have received a Simple Procedure Claim Form and cannot pay, or you are dealing with wider debt problems, get free, independent advice before the case goes further. Citizens Advice Scotland and MoneyHelper both offer free guidance on responding to a claim and on the debt solutions available in Scotland, such as the Debt Arrangement Scheme, a Protected Trust Deed, or sequestration. This page is general information, not advice on your specific debts, and free charity advisers can help you work out the best next step at no cost.
For the wider Scottish and UK debt-recovery picture, see the UK debt and money hub and the United Kingdom country hub. If your dispute involves England and Wales instead, see small claims court; for Northern Ireland, see small claims in Northern Ireland. Related guides: statute-barred debt and bailiffs' and sheriff officers' rights. Before raising a claim, our Letter Before Action generator can help you set out a final demand in writing.
This article is general information about civil money claims in Scotland, not legal advice. Court processes, fees and enforcement rules can change and can depend on the specific facts of your case; check the current position with the Scottish Courts and Tribunals Service, or consult a solicitor or a free adviser such as Citizens Advice Scotland, before acting.
Frequently Asked Questions
What is Simple Procedure in Scotland, and is it the same as the small claims track in England and Wales?
Simple Procedure is the standard process for low-value civil claims in Scotland's Sheriff Courts, covering claims for payment of money or the return of goods up to £5,000. It serves a similar purpose to England and Wales' small claims track but is a different system: England and Wales use the County Court, the small claims track (limit £10,000) and a County Court Judgment (CCJ), while Scotland uses Simple Procedure (limit £5,000) and the order granted is a decree, not a CCJ.
What is the claim limit for Simple Procedure?
Simple Procedure covers claims for payment of money, or delivery or recovery of goods, up to £5,000. Claims above £5,000 go through Ordinary Cause procedure instead. Personal injury claims cannot use Simple Procedure at all; they go through Summary Cause (up to £5,000) or Ordinary Cause (over £5,000).
Do I need a solicitor to use Simple Procedure?
No. Simple Procedure is designed so most people can raise or defend a claim on their own, with plain-language forms and an informal hearing process. You can instruct a solicitor if you want to, but it is not required.
What is a decree, and is it the same as a CCJ?
A decree is the Sheriff Court's order confirming the amount you are owed if your Simple Procedure claim succeeds. It is Scotland's equivalent of a court order for payment, but it is a distinct Scottish term; it is not called a judgment or a County Court Judgment, which are England and Wales terms that do not apply in Scotland.
What does it cost to raise a Simple Procedure claim?
There is a court fee to lodge the claim, and a further fee if it goes to a hearing, with some claimants able to apply for an exemption. Fees are set and updated by the Scottish Courts and Tribunals Service, so check the current fee table on scotcourts.gov.uk or mygov.scot before you start rather than relying on a fixed figure.
What happens if the other side does not pay the decree?
You can enforce a Scottish decree through diligence, carried out by sheriff officers rather than bailiffs. Common steps include earnings arrestment (a deduction from the debtor's wages), bank arrestment (freezing funds in their account, subject to a protected minimum balance) and attachment of moveable goods, usually after a Charge for Payment has been served.
Does a Scottish debt ever become too old to claim?
Yes. Under the Prescription and Limitation (Scotland) Act 1973, most debts prescribe, meaning they are legally extinguished, after 5 years with no payment, written acknowledgement or court action. This is different from England, Wales and Northern Ireland, where an old debt becomes harder to enforce after 6 years but is not wiped out.
Sources and References
- Scottish Courts and Tribunals Service: Simple Procedure(scotcourts.gov.uk).gov
- mygov.scot: Court claims for money you're owed(mygov.scot).gov
- Courts Reform (Scotland) Act 2014(legislation.gov.uk).gov
- Act of Sederunt (Simple Procedure) 2016(legislation.gov.uk).gov
- Prescription and Limitation (Scotland) Act 1973(legislation.gov.uk).gov
- Citizens Advice Scotland(cas.org.uk)