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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I want to change an eviction action from ordinary to summary

Resolved Question:

I want to change an eviction action from ordinary to summary cause. I have been informed it is not possible to put on hold or dismiss this action or even to have both actions running together at the same time. I just want my tenants out as quickly as possible before I lose my home. Is this advice correct ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
You can ask the court to remit the ordinary action to the summary clause roll provided that any crave for money is restricted to £5000, so you may need a Minute of Amendment to accompany the motion to remit.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Should I carry out this action after the 21 days have expired or can I do this before that time ? Also will I be liable for defense costs in any way ?

Expert:  JGM replied 1 year ago.
Do you mean the 21 day period after service?
Customer: replied 1 year ago.

Yes the tenant, has I've been told, has 21 days to respond and I cannot take any action until I presume a reply to the writ or 21 days have passed since she was served

Expert:  JGM replied 1 year ago.
Once the action is served you can't amend or change your action unless service fails or until a notice of intention to defend is lodged.
If service fails you can tear up your writ and start again. If a NID is lodged you can then apply to the court to change the action.
Customer: replied 1 year ago.

If a NID is lodged will I be liable for expenses or is it just one action morphing into another. Ie will the tenant have to be served this new action and the first cancelled ?

Expert:  JGM replied 1 year ago.
No, it's just a change of court roll. You might be liable for the motion hearing to remit the case but that should be all.
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