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Contents

Official guidance
Debt Management and Banking Manual

DMBM675410 · Summary Proceedings (Sc) - Registering the summons in court and effecting service

  • DMBM675420 · Summary proceedings (Sc): Sending the summons to court for registration
  • DMBM675430 · Summary proceedings (Sc): Court action on receipt of the summons
  • DMBM675440 · Summary proceedings (Sc): Action to take on return of the summons by the court after registration
  • DMBM675450 · Summary proceedings (Sc): Sending the summons to the sheriff officer for service
  • DMBM675460 · Summary proceedings (Sc): How the sheriff officer effects service of the summons
  • DMBM675470 · Summary proceedings (Sc): Actions following service of the summons
  • DMBM675480 · Summary proceedings (Sc): Table of fees payable to sheriff officers
  • DMBM675490 · Summary proceedings (Sc): Warrant to cite by means of a newspaper advertisement
  • DMBM675500 · Summary proceedings (Sc): Warrant to cite by means of a newspaper advertisement in a ceased partnership case
  • DMBM675510 · Summary proceedings (Sc): Warrant to cite by means of a notice displayed on the walls of the court
  • DMBM675520 · Summary proceedings (Sc): Summons not served on the defender
  • DMBM675530 · Summary proceedings (Sc): Summons not served due to debt management office error
  • DMBM675540 · Summary proceedings (Sc): How to apply to the court for a warrant to re-serve
  • DMBM675550 · Summary proceedings (Sc): Summons issued to a company address is returned RLS
  1. Summary Proceedings (Sc) - Registering the summons in court and effecting service: Contents
  2. Summary proceedings (Sc): Court action on receipt of the summons

DMBM675430 | Summary proceedings (Sc): Court action on receipt of the summons

From HM Revenue & Customs · Debt Management and Banking Manual

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Once satisfied that the summons has been correctly completed and that the action is within its jurisdiction, the court will register the case.

First of all the court completes the front of the summons to show the number of the case. Always quote the case number and the name of the pursuer / defender whenever you enquire about a case because all court records are filed in case number order.

The court then completes the front of the summons to show

  • the date of the return day

Rule 4.5 of the Summary Cause Rules 2002 states that the defender must be given atleast 21 days notice of the action before the date set for the return of the form1(b).This date is known as the return day.

  • the calling date, that is, the date and time that the case will call in court.

Rule 4.5 of the Summary Cause Rules 2002 states that 7 days after the return day the case will call in court.

The sheriff clerk deputy then signs the form granting you (the pursuer) authority to servea copy of the summons on the defender and returns the summons to you together with the blue copy of the form E200.

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