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Official guidance
Debt Management and Banking Manual

DMBM675710 · Summary Proceedings (Sc): The defender & 146s response to the summons

  • DMBM675720 · Summary proceedings (Sc): The defender’s options on receipt of the summons
  • DMBM675730 · Summary proceedings (Sc): Defence, dispute or challenge lodged
  • DMBM675740 · Summary proceedings (Sc): The defender makes no response to the summons
  • DMBM675750 · Summary proceedings (Sc): Payment in full before the calling date
  • DMBM675760 · Summary proceedings (Sc): Full or part payment by cash, debit card or certified cheque on the calling date
  • DMBM675770 · Summary proceedings (Sc): Insufficient time for cheque clearance before the calling date
  • DMBM675780 · Summary proceedings (Sc): Payment by cheque on the calling date
  • DMBM675790 · Summary proceedings (Sc): Part payment made and claim not disputed
  • DMBM675800 · Summary proceedings (Sc): Part payment and also claim disputed
  • DMBM675810 · Summary proceedings (Sc): Offer to pay by instalments
  • DMBM675820 · Summary proceedings (Sc): Payments with unacceptable conditions
  1. Summary Proceedings (Sc): The defender & 146s response to the summons: Contents
  2. Summary proceedings (Sc): Defence, dispute or challenge lodged

DMBM675730 | Summary proceedings (Sc): Defence, dispute or challenge lodged

From HM Revenue & Customs · Debt Management and Banking Manual

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Where the defender defends, disputes or challenges the claim, he must, on or before the return day

  • complete Section B on page 4 of form 1(b) and return it to the court. The defender must be given at least 21 days notice of the action before the date set for the return of the form1(b)

  • lodge with the court a written note of any proposed defence or intimate any intention he has to either dispute the sum claimed or challenge the court's jurisdiction.

According to Rule 8.1 of the Summary Cause Rules 2002 the sheriff clerk should notify you of the defender’s intention to defend on receipt of such information from the defender.

If, however, on the day after the return day, the sheriff clerk has not provided you with this information you must contact the court to obtain the relevant information.

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