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If you want to take someone to court using the small claims procedure, you'll have to 'raise an action' by filling in specific forms and following certain rules. This page explains what to do.

Legal jargon

Although small claims procedure is designed to be simple and easy to use, you'll still come across some legal words and phrases when going through the court system. If you need a hand, have a look at our jargonbuster - it explains what the key words and phrases mean.

Which court do I go to?

Small claims actions are dealt with in sheriff courts across Scotland. You'll have to find out which sheriff court will deal with your case. This will usually be the court that is geographically closest to your opponent (the 'defender') but you'll also have to check that the court has authority ('jurisdiction') to deal with the case.

In most cases, you'll be in the same area as your opponent and it'll be clear which court you'll have to go to. However, this won't always happen. So, for example, if you live in Aberdeen but your landlord lives in Perth and you want to take them to court, Perth sheriff court will probably deal with the case.

It's usually quite easy to work out which court will deal with your case but you should get advice if you're not sure. The section called 'further information' at the bottom of this page tells you where to get advice and how to contact individual sheriff courts.

How do I start the court action?

To start a small claims action, you'll have to fill in an official form called a summons. The forms in small claims procedure are numbered and the summons is also known as Form 1. Everyone who raises a small claims action has to complete the same form.

Where can I get the summons form?

First of all, you'll have to get a copy of the Form 1 summons by either:

• downloading it from the Scottish Court Service website, or
• getting a copy from the sheriff clerk's office in the relevant sheriff court.

What does the summons form look like?

There are two parts to the summons form, namely:

• Part 1 - the principal summons
• Parts 1a and 1b - the copy summons.

Part 1 is the same in every case and you must complete it. This is the official part of the summons that is registered ('lodged') with the court.

You'll also have to complete either Part 1a or 1b. This is the part that is sent to your opponent ('the defender'). Complete Part 1a if your opponent is an individual or Part 1b if your opponent is a company or other organisation (such as the council or a housing association).

There are different forms for different types of opponent because individuals are allowed to ask the court for time to pay a debt or other sum of money whereas a company/organisation can't. So it's important that you complete the correct form.

The copy summons consists of:

• a form that you'll have to fill in, and
• information for your opponent on what to do when they get the summons.

How do I complete the principal summons?

The principal summons is split into seven sections and you'll have to complete them as follows:

Section 1 - name and address of the court dealing with the case

This part may be completed already if you've obtained the form from the court website or the relevant sheriff clerk's office. If not, you'll have to complete this yourself. Details of all the sheriff courts in Scotland are available on the Scottish courts website (see 'further information' below).

Section 2 - name and address of person making the claim

Put your details in here because you're the person taking the case to court. You'll be known as 'the pursuer' in the case.

Section 3 - name and address of person against whom claim is made

Put the details of your opponent in here. They'll be known as 'the defender' in the case. It's very important that you get the name and address of your opponent right (see 'how will my opponent know I'm taking them to court?' below).

Section 4 - claim (form of decree or other order sought)

This just means that you have to specify what you're claiming in court. For example, are you trying to get money back from your opponent or are you trying to get them to do something? There are lots of possibilities but here are some examples of claims:

• You've moved out of your flat but your landlord won't give you your deposit back. You're taking them to court to sort it out.
• Your title deeds say that you and your neighbour have a joint responsibility for the boundary between your houses but your neighbour refuses to pay towards the upkeep of your joint fence.
• Your landlord has locked one of the rooms in your home and refuses to give you a key. Some of your personal belongings are in there and you want them back.
• You live in a block of flats and you're all responsible for repairs to windows in the stairwell. Your neighbours refuse to pay their share. You've had to pay the full amount to get the work done and you want your neighbours to contribute.

If you need help to fill this section in, contact the sheriff clerk's office in the relevant sheriff court. If you got the form from the sheriff clerk's office in the first place, this part will probably already be completed but just check that it's correct.

There may be a space on the form for you to write in how much interest you're claiming, if any. There is a 'judicial rate' of interest that is commonly used and which has been approved by courts. So, if you're claiming interest, you should put the judicial rate in here, which is 8 per cent. If you want to use a different interest rate, get advice first. The interest rate will usually run from the date when you send the summons to your opponent but if you want to change this get advice first.

If you don't want to claim expenses, make sure that any reference to expenses in this section is deleted. You can just score it out.

Section 5 - full contact details of pursuer's solicitor or authorised representative (if any) acting in the claim

If a solicitor, or anyone else, is representing you in court, you have to put their details in this box. If you have a solicitor, they'll probably be filling in this form for you anyway.

Section 5a - fee details

You only have to fill these in if you're sending your form to the court ('lodging' it) electronically.

Section 6 - return day/hearing date

You don't have to fill this bit in, the sheriff clerk will do that when you hand it in. You'll then be able to copy these dates across to box 6 in the copy summons (see 'how to complete the copy summons' below). Sheriff clerks' staff will probably do this for you as well.

Section 7 - statement of claim

You'll have to put details of the case in here so that your opponent knows what the action is about. Try to stick to the space on the page but, if you need to, you can continue on a separate sheet of paper. There are some examples of claims on the summons form. They show you the kind of information you should include but get advice if you're still not sure.

How do I complete the copy summons?

Make sure you have the correct version of the copy summons form first of all (see 'layout of the summons form' above).

Most of the information that goes into boxes 1 to 5 of the copy summons is the same as what you've already put in the principal summons so it should be quite easy to copy it across. However, if you have any problems, speak to the sheriff clerk in the relevant sheriff court.

You'll be able to copy the 'return day' and 'hearing date' across to box 6 on the copy summons when you've handed the principal summons into the sheriff court and the sheriff clerk has inserted the necessary dates into it. Sheriff clerks' staff will probably do this for you.

Just ignore section 8 of the copy summons. This will be done by whoever sends (or 'serves') the copy summons to the defender.

How do I lodge the summons?

When you've completed the principal summons, you must formally lodge it at the sheriff clerk's office in the court that's dealing with your case. It's easy to do this; in most courts you'll just have to go into the office and explain that you're lodging a summons for a small claims action. The court official will then check that all boxes have been filled in, give your case a number, stamp it and then keep it.

How does my opponent know I'm taking them to court?

Once the summons has been lodged, your opponent will have to be told that you are taking them to court so that they can respond appropriately and decide whether to defend the case. To notify your opponent properly, the copy summons has to be officially 'served' on them. This is usually done by sending the copy summons, along with the appropriate forms, to your opponent by recorded delivery post. This is why it's very important to have the correct address for your opponent before you lodge the summons.

You're not allowed to serve the summons on the defender personally. However, you can arrange for a solicitor or sheriff officer to serve the summons on your behalf but they'll charge a fee for this so make sure you know how much it's going to cost.

What if the summons can't be delivered?

If the post office can't deliver the summons (for example, if it's returned saying 'addressee gone away' or something similar), it'll be returned to the court and they'll tell you what's happened. You'll then have to get a sheriff officer to either:

• deliver it personally to your opponent, or
• deliver it to your opponent's address.

Remember that sheriff officers charge a fee for this service so make sure you know how much it's going to cost.

You can look in the phone book to find sheriff officers in the right area. If you have a solicitor, they will be able to tell you about sheriff officers they deal with. The sheriff clerk can arrange for a sheriff officer to re-serve the summons if you want but this will cost you extra.

What happens if I don't know my opponent's address?

In this case, the court may give you permission to serve the summons by either:

• putting an advert in a newspaper, or
• displaying a notice in the court building.

If you're advertising in a newspaper, you'll have to pay for the advert yourself. You'll also have to hand a copy of the newspaper to the court and formally lodge it as evidence.

If you're displaying a notice in the court building, you'll have to fill in a form 9 notice. You can get this from the sheriff clerk's office too.

Further information

You can download our handy checklist of things to do if you're taking someone to court using small claims procedure.

If you need more help or advice, speak to a solicitor or adviser as soon as possible. You might be able to get advice from a law centre or our Advice Services Directory can point you in the direction of agencies that can help.

You can find lots more useful information on the Scottish Court Service website including:

• handy guidance on summary cause procedure
• examples of documents you might need
• the forms you'll need to get going
• links to the summary cause court rules
• how to get in touch with your local sheriff court.

You can also find lots more useful information on this website including:

• how to get ready for going to court
• what to expect on the day your case actually goes to court.