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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10904
Experience:  30 years as a practising solicitor.
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I need to fill out a form g6 to sist diligence is there

Customer Question

hi I need to fill out a form g6 to sist diligence is there anyone that can help with the wording of it thanks
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Hi, I need to fill out a summary application to sist diligenceit is Form of initial Writ
Expert:  JGM replied 1 year ago.
I am a solicitor in Scotland and can help you with that. Let me know about the case and what the purpose of the motion is and I'll give you the wording.
Customer: replied 1 year ago.
perfect thank you so much
Customer: replied 1 year ago.
The motion has come from a minute of agreement that was served by my ex wife in relation to child maintenance
The problem started when she stopped allowing me to see my children about 18 months ago. Over the time, I reduced the maintenance and asked her to put the maintenance through the CSA. I understand now that I should have kept to the maintenance agreement in the minute of agreement. However, the problem arose when I received a solicitor letter stating that I owed her £9000. The actual amount I owe her is £2275 and I can prove this with bank statements. She has not provided any evidence despite me requesting the information from her solicitor, to back up her demands many times. My letters have been ignored and now a charge for payment has been served. I have been advised by the sheriffs court to fill in this form to sist diligence as I have evidence that I don't owe £9000. I would like the matter to go to court as there has been no hearing, it went straight to charge for payment simply based on the original minute of agreement. She has never provided her solicitor with evidence of the said amount, she has messaged me saying she would like to financially ruin me. She knows the amount is not a true reflection, so I would like the matter to be heard in court. I am hoping you can help me with the wording based on the above. I have the summary application here -
Summary application under...... I think it needs to be "grampian district" or something as it is in abedeenSheriffdom of (insert name of sheriffdom)Att (insert place of sheriff court)A.B. (Design and state any special capacity in which the pursuer is suing) PursuerAgainstC.D (Design and state any special capacity in which the pursuer is being sued) DefenderThe pursuer craves the court (here state the specific degree warrant or order sought)Condescendence(state in numbered paragraphs the facts which form the ground of action)Pleas-In-Law(state in numbered sentences)Thank you in advance
Expert:  JGM replied 1 year ago.
From what you say this is not a G6. This is a new application for suspension and interdict of the charge served under the execution provisions in the registered Minute of Agreement.
That means it's much more than a form filling exercise.
Broadly:
"Sheriffdom of Grampian Highland and Islands at Aberdeen
Initial Writ
In cause
Name and address of Pursuer, ie , you
Against
Name and address of defender, ie, her
The Pursuer craves the Court to sist diligence in respect of the Pursuer on a charge for payment dated etc in report of an extract registered Minute of Agreement between the parties, (specify the dates and date of registration) between the parties, where on the Pursuer was charged to pay the defender the sum of £X alleged to be due by the pursuer to the defender in terms of said extract registered Minute of agreement; and to suspend simpliciter said charge and diligence so far as regards ***** *****; and to interdict the defender from taking any further steps of diligence against the pursuer; and to grant interim interdict; and to find the defender liable in expenses.
CONDESCENDENCE
1. The defender resides at. and has resided there for three months or more following the raising of this action. She is domiciled there and this court has jurisdiction. To the knowledge of the pursuer there are no proceedings pending before this or any other court between the parties and involving the subject matter of this action. No agreement exists between the parties prorogating the subject matter of the present cause to another court.
2. The pursuer has served a charge for payment on the defender for the sum of £ in respect of alleged arrears of sums due under a Minute of Agreement between the parties. Said charge and minute of agreement are produced. The sum specified is not due to the defender. The pursuer has paid said sums. Bank statements are produced. The defender has indicated that she wishes to "financially ruin" the defender. The defender is well aware that said sums are not due by the pursuer.
3. The pursuer seeks the orders craved to proactive himself from further diligence at the instance of the defender. This action is accordingly necessary.
PLEAS IN LAW
1. The said charge having been served in respect of monies not due by the defender is inept and should be suspended as craved.
2. The orders sought being necessary to protect the Pursuer from inept diligence should be granted.
IN WITNESS WHEREOF
SIGNED
PURSUER"
Unless you at legally trained I strongly suggest you instruct a solicitor. Ther are some solicitors who know nothing about this type of court action and the various rules of court so lay person will have little chance on his own without slipping up somewhere.
However I hope this gets you started.
Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10904
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** has been very much appreciated, I have rated 5 stars and I am extremely grateful to you.
Customer: replied 1 year ago.
Hi, can I just ask to review this, a couple of times defender/pursuer appear the wrong way around - can you confirm it is all correct, thank you
Expert:  JGM replied 1 year ago.
Yes, working too quickly I think! First sentence of condescendence 2 swap them round and second last sentence last word should be pursuer.
Customer: replied 1 year ago.
Thank you, appreciated.
Customer: replied 1 year ago.
Hi, The writ has been accepted by the sheriff, is it possible to advise what happens next. If it gets objected by the other person does it automatically go to court? If they do nothing about it does it get cancelled? How long do they have to notify the court if they are objecting it, thank you
Expert:  JGM replied 1 year ago.
Did the sheriff grant interim interdict pre service? What does the warrant that the sheriff clerk out on it say? Do you have the papers back?
Customer: replied 1 year ago.
yes, he says it will go to court in March, they are serving papers on her solicitor and also her today. Thank you for your help, it has been really beneficial as a solicitor was requesting £1500 to do the same thing you did. Do we now just wait for the court and will she have to provide evidence to prove what she is demanding? Which she won't be able to do. Thank you, ***** ***** you helping me fill in the form.
Expert:  JGM replied 1 year ago.
If there is an appearance by her then she will have to lodge written Defences, both parties will be given time to lodge adjustments to their written cases and the various productions can be lodged by each party and the court will fix a hearing. My advice is that you stay in contact with the sheriff clerk and read everything you are sent and make sure you aware of all the relevant dates and what has to be done for each. If there is no appearance then the order can be applied for in absence.

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