DMBM675790 - Summary proceedings (Sc): Part payment made and claim not disputed

Some content of this manual is being considered for archiving. If there is content you use regularly, please email [email protected] to let us know as soon as possible.

Part payment by cash or certified cheque

If the defender pays part of the claim by cash or certified cheque but takes no further action and the cheque clears before the calling date you should

  • bring the payment to account
  • note the appropriate computer records accordingly
  • return the Certificate of Execution of Service to the court
  • minute the Register of Summary Causes as follows: “Payment of £….(insert amount) made…(insert date). Move for decree for reduced sum of £.. (insert amount) and expenses including sheriff officer fees of £..(insert amount of fees to date). ……. (insert name of debt manager (officer grade or above) taking the proceedings) Pursuer. ….(insert date).”

As the defender did not return the form 1(b) to the court there is no need for you to appear in court on the calling date.

Part payment by cheque - insufficient time for clearance before calling date

Where the defender pays part of the payment by cheque but takes no further action and there is insufficient time for clearance before the calling date you should

  • bring the payment to account
  • note the appropriate computer records accordingly
  • return form 1 and the Certificate of Execution of Service
  • minute the Register of Summary Causes as follows: “Move for continuation for clearance of cheque. …..(insert name of debt manager (officer grade or above) taking the proceedings) Pursuer. ……(insert date)”.

In this instance you will not have to attend court on the calling date. The court will normally continue the action for 28 days. You must however telephone the sheriff clerk’s office on the morning after the original calling date to confirm the continuation date.

Cheque clears before the continuation date

Where the cheque clears before the continuation date you must

  • attend court on the continuation date and
  • ask the sheriff to grant decree for the balance.

Cheque dishonoured

Where the cheque is returned “unpaid” before the continuation date you must

  • attend the court on the continuation (new calling) date and
  • ask the sheriff to grant full decree.