The size of sum sued for determines which category an action falls into. A small claims action can be raised for actions up to £3,000. The procedure is very streamlined, compared with an ordinary action. Here are the steps which are needed, chronologically: • The starting point is the completion of a summons, in Form 1, or Form 1 A. Whether the Defender is a company or an individual determines whether Form 1 or 1A applies. These forms can be obtained on-line, by using the following link: http://www.scotcourts.gov.uk/sheriff/ smalLclaims/forms.asp. • The summons sets out the details of the parties, the basis of the claim, and the court order sought. If the claim is based on the supply of goods and/or services, it is necessary to attach a copy of any invoices which make up the sum sued for. The only 'legal' bit is the requirement to state why the particular court has jurisdiction, and that there is no agreement to stop that court hearing the case. I am happy to provide you with wording for this, as it is standard from case to case. The appropriate Sheriff Court is normally where the defender lives, or is based.
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