As COVID continues to takes its toll on our lives and the Scottish court system, it is now even more important to utilise technology and solve disputes as quickly as possible.
The small claims court, also known as the Simple Procedure court, allows you to apply to the civil court to claim money you're owed by a person or a business to settle claims worth up to £5,000.
The process can at times be more informal and even more cost effective when compared with higher level court actions. Simple Procedure is however still a court process and if required, a final decision will be made by a Sheriff.
Reasonable steps should always be taken to resolve disputes out of court in the first instance, and these can often prove successful in reaching an agreement without having to go through a sometimes lengthy court process.
However with many businesses facing short to medium term cash flow problems due to the coronavirus pandemic and the impact it is having on our economy, it is important you do what you can to ensure any outstanding invoices are settled by other businesses promptly.
Debt recovery actions, as well as actions to assist people recover property (e.g. items such as photographs or a second hand car) can now be processed online. The Scottish Courts favour online applications, and when faced with a backlog of new cases due to the current situation, it is important that your action is at ‘the front of the queue’. Additionally once lodged online, the process is simpler and can often be quicker and more cost effective.
COVID inspired people to embrace technology for both business and social purposes and it is very much a part of the 'new normal' now. If you have a court action that needs resolved quickly and effectively, make sure you engage with a lawyer who can navigate the system and expedite Simple Procedures (even if they are not simple in practice!) online.
Should you wish to know more about the process or require advice in relation to raising such an action, please contact Blair MacDonald who will be able to assist.