This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

If you didn't go to court and a repossession order was granted, you may be able to get the court's decision cancelled or recalled so that your case can be heard again.

What can I do?

If you did not appear in court and there was no-one there to represent you when your case was heard, you may be able to get your case heard again. To do this you must lodge a minute of recall. If you are in this situation you can represent yourself but it's best to get help from a solicitor, adviser or lay representative.

Where can I get help?

You can get help from a solicitor, adviser or lay representative.

A solicitor will be able to apply to court by filling in a form explaining your circumstances and the reason you want the repossession stopped or delayed. Use the Law Society of Scotland website to find a solicitor, or ask an adviser at a Shelter advice centre or Citizens Advice to recommend one to you.

An adviser or lay representative can help you fill out the court forms and a lay representative can represent you at court. Use the Advice Services Directory to find help near you.

How do I get a minute of recall?

You can apply for a minute of recall at any time before the a decree has carried out. You'll need to fill out an application for a minute of recall and give this to the court. You can get help from a solicitor or an approved lay representative to help you fill in the minute of recall form. Use our Advice Services Directory to contact an adviser to find out about services in your area.

What do I have to put in a minute of recall?

You will have to show that you had a good reason for missing the first court hearing. This could be because:

• you did not receive the initial writ telling you when your case was, or
• you did not know that you had the right to defend yourself, or
• you did not reply to the initial writ in time for a good reason (for example, because you were ill) and you think that if you had replied, the court's decision would have been different, or
• you couldn't attend because you had an accident or were ill.

A minute of recall form will have to be lodge at the sheriff clerk's office at the court where the original decree was granted.

What happens next?

The sheriff clerk will set a date for a hearing. You need to serve a copy of the notice of recall on the lender and any other interested parties, eg other people who live in the property. This will tell inform them of the date, time and place of the new hearing.

What decisions can the sheriff make?

The sheriff can decide to:

• continue the case
• dismiss the case
• grant a repossession order.

You can lodge a minute of recall yourself and represent yourself in court, but it's best to get a solicitor or approved lay representative to represent you.