If someone is taking you to court
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If someone is making a claim against you and taking you to court, there are several different procedures they can follow.
What are the different procedures?
If someone is taking you to the sheriff court, there are three different procedures they can use, depending on the situation. For example:
- if you owe a flatmate money, they may take you to court using the small claims procedure to try and get the money back
- your landlord may take you to court to try and evict you using the summary cause procedure
- if you have mortgage arrears, your lender may take you to court to try and repossess your home, using the ordinary cause procedure.
This section on going to court explains what these different court procedures are, how they work and what to do.
What should I do if I receive papers from the court?
If you receive any papers or other information from the court or a solicitor that mentions court action, don't ignore them. The problem won't go away and ignoring the situation could potentially make it worse for you in the long run.
If you receive any court papers (especially if you receive a summons or an initial writ) get legal advice or contact an advice agency straight away.


