What happens if I missed my court date?
If you missed your court summons date, 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 I missed my court date?
If you did not appear in court on your summons date 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 for 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.
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.
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.
Last updated: 11 July 2018