Tips and recommendations 

How long do you have to make a court claim?

Leia Doyle

How long do you have to make a court claim?

Very important time limit! You have four months for serving your claim on the defendant after it has been issued, that is for sending it to the defendant or getting it sent by the court so that they receive it.

What happens if you can’t pay a court order?

If you do not pay anything once you have received the judgment, or you do not keep up with the payments, the claimant can ask the court to enforce the judgment. The claimant will have to pay a fee for this and this will probably be added to the amount you owe. If you do nothing now, you may have to pay more later.

Can you pay a court order in installments?

If you have some money and can afford to pay the debt off in instalments, you’ll need to fill in a court form to apply. This is called an application for an Instalment Order. You should use form N245 if either: you made a repayment offer and your creditor accepted it.

How do I apply for time to pay?

You can request time to pay by responding to the claim form on the Civil Online website. Alternatively, you should receive a Time to Pay Application with the Claim Form and Response Form, when you first receive the claim from the court. Once you return the Time to Pay Application, the sheriff clerk will send a copy to the claimant.

What happens if I admit a claim and ask for time to pay?

Part 7 of the simple procedure rules explains what happens to a claim. What happens if I admit the claim and ask the court for time to pay? You may wish to admit the claim and also apply to pay any sum being claimed by instalments or within a specified period. You can ask for time to pay in three ways:

How to respond to a court claim for money?

Pay the full amount. Send a cheque or postal order made payable to the person or business you owe money to (the ‘claimant’). Their name and address will be on the claim form. You can also pay the claimant in person.

How do I send a claim to Court of Session?

By filling in a Time to Pay Application (Form 5A) and sending it to the court. This can be done electronically using the Civil Online system, by post or by handing it in to the sheriff clerk’s office. This must be done by the last date for a response.