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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10911
Experience:  30 years as a practising solicitor.
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I put in a form of writ to sist diligence and it has

Customer Question

Hi, I put in a form of writ to sist diligence and it 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
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
They would generally have 21 days to enter appearance in the action. If they do that they have to lodge answers and appear at a procedural hearing typically. If they don't then you can apply for decree in absence. Take th advice of the sheriff clerk. If they have booked this in as a summary application, the sheriff can set such procedure as he thinks appropriate. Read the summary application rules on the Scottish Courts website so that you are acquainted with them.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10911
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi, as my ex-wife's solicitor refused to accept the sist diligence that was served, it then had to be presented to her in england which has cost me extra amounts. Am I liable for the charge or can these charges be reclaimed when we go to court as I have already been out of pocket quite a bit defending this when I know I am not liable for the original charge for payment she put in against me, thank you
Expert:  JGM replied 1 year ago.
You are responsible for the process server's fees but you can reclaim these from your wife as well as the general expenses of the action if you are successful in your action.

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