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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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I had a Sheriff Court decree wrongly set against

Resolved Question:

Hello,
I had a Sheriff Court decree wrongly set against me rather than the company of which I was a director. The decree was granted on 5th August 2014. I received the demand for payment of £4095 on Sep 25th and had a solicitor write to the pursuers solicitor on Octo1 2014.
Is it possible to have this decree set aside and if so how do I go about it.
kind regards,
James Bowman
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
In terms of the court rules the application for recall of decree should have been made with 14 days of 25 September 2014 so your solicitor is correct as far as that goes.
However the Rules also give the sheriff a dispensing power to relieve a party from the consequences of any failure to comply with the provisions of the rules arising from mistake, oversight or other excusable cause.
Your excusable cause is that you thought that because it was apparent they had sued the wrong party that the matter would be resolved without further court involvement.
Your solicitor should apply for a Recall of Decree although late under Rules 3.1(1) and 24.1 of the Summary Cause Rules.
I hope this helps.
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