How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I have been granted a decree but I'm having problems getting

Resolved Question:

I have been granted a decree but I'm having problems getting the sherriff officers to serve it ,for example they wont go when I know the person is in to receive it because its just past their working hours! also its costing me each time I try ,is there any other options for me?
Submitted: 9 months ago.
Category: Scots Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  JGM replied 9 months ago.

Sheriff Officers are restricted to serving documents within working hours. That is laid down by statute. However, they can leave documents when the person isn't there as long as it can be established that the person lives at the particular address. There should be no requirement for the person to be in at the time. Precisely what are they trying to serve and why is there a problem? The only thing that has to be served person to person is a bankruptcy petition and it doesn't appear you're at that stage yet. Happy to discuss further. Please leave a positive rating so that I am credited for my time.

Customer: replied 9 months ago.
It was a decree from the small claims court .i used to work with the person in question ,we bought a van together and he refused to give me my share of it when we parted company.his wife said he didnt live at his address (which he does) when the officers went to serve him.can it just be posted through his letterbox then if i know where he lives?
Expert:  JGM replied 9 months ago.

If the sheriff officers establish that he lives there it can be put through the door, yes.

Customer: replied 9 months ago.
Thank you
Expert:  JGM replied 9 months ago.

You're welcome. Don't forget to leave a positive rating on the system so that the site credits me for my time.

Customer: replied 9 months ago.
i will ,one last thing.is the decree still valid if he had moved address?
Expert:  JGM replied 9 months ago.

Yes it is.

JGM and other Scots Law Specialists are ready to help you