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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
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I wish to sue someone resident in Scotland -payment

Customer Question

Hi,
I wish to sue someone resident in Scotland for non-payment of a loan. I am resident in the Isle of Man. The "defendant" may serve in the British army, if so I don't know where he is based. I am not sure if this is relevant or whether to just start the process in the Scottish system. Please advise what my first steps should be.
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. You cannot serve proceedings against someone unless you (i) Evidence of the loan and (ii) a last known address to serve the proceedings. The rules are that you can only sue the defendant in his home nation, accordingly you would have to commence the proceedings in Scotland unless you have a contract that states otherwise. Can you tell me how the loan arose? Kind regards AJ
Customer: replied 1 year ago.
It is really the issue of his residency and where the papers would be served that I need to clarify. I have ascertained via a tracing agency who use credit reference agency data that he has a Scottish residence but if he is a serving officer in the British army do I still use the Scottish court system and how / where would the papers be served?
Customer: replied 1 year ago.
....if he is based overseas .
Customer: replied 1 year ago.
for months at a time?
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Do you know is unit, rank, military ID number per chance? The way to serve members of the armed forces is you have to write to the ministry of defence and ask for a service address in order to serve proceedings. Do you know whether he is in the country?
Customer: replied 1 year ago.
I do not know for sure if he is still in the army and don't have any of the details you mention, I don't know if I can find this out legally, I just have his name and Scottish address. Do you know what the first step would be in Scotland? If it's not too expensive I am tempted to give it a try but don't want to commit to a big bill and fail because of non-service of papers.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Without his military information it will just cause a bit of a delay, but I would write to the MoS and confirm if he is still serving.
If he is no longer serving you can then issue the proceedings to his last known address.
Kind regards
AJ
Customer: replied 1 year ago.
Thanks. MoS stands for?
Expert:  Alex J. replied 1 year ago.
My apologies that is a small typo I mean Ministry of Defence. You cannot serve some with proceedings in the armed forces (actively serving) unless you first write to the Ministry of Defence and confirm their exact service address. To do this you need their military ID information, without this it will just delay the process.
Kind regards
AJ
Customer: replied 1 year ago.
Thanks for that. I will contact the MOD.In parallel, I also want to start looking at the procedure I need to follow in the Scottish courts. By that I mean the very first step; I am assuming similarity with the English system whereby I have to send a letter to the proposed defendant requesting payment of the loan and stating my intention to pursue a claim. When I write to him I want to make sure I am compliant with Scottish Court procedure as well as the MoD to cover all bases. Can you point me in the direction of the Scottish procedure for this please, I would like to read it for myself. Here, I am also assuming I can use the Sheriff's Court for this purpose.Thanks.
Expert:  Alex J. replied 1 year ago.
https://www.scotcourts.gov.uk/taking-action/small-claims
Hi
Thank you above is the link to the small claims procedure in Scotland.
You do need to give some pre warning of an intention to commence proceedings.
I look forward to hearing from you.
Kind regards
AJ

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