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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11684
Experience:  30 years as a practising solicitor.
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I lent my friend £5000 a year ago. She has only paid back

Customer Question

I lent my friend £5000 a year ago. She has only paid back £1000 and nothing since summer. The small claims court only lets me claim back £3000 and I can't use MCOL since we both live in Scotland. What can I do? I borrowed the money from my mortgage and it is costing me in interest to have this debt outstanding.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If you want to claim £4000 you have to use the sheriff court Summary Cause procedure which is for claims over the small claim limit up to £5000. As you are suing for a loan and have good prospects of success you could use that procedure. Whilst there is a "proper" system to claim expenses, the procedure is very similar to small claim procedure in that the forms are the same and the court process is very similar.
You can get the forms on www.scotcourts.gov.uk and a copy of the rules of court as well.
If you can do small claims yourself you should be able to do a summary cause action.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.