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RJM Law
RJM Law, Lawyer
Category: Family Law
Satisfied Customers: 3757
Experience:  LL.B (Hons)
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My daughter has been serving papers to Notice of opposition

Customer Question

My daughter has been serving papers to Notice of opposition to motion on monday and she has no lawyer. Please help.
JA: What steps has she taken? Has she filed any papers in the family court?
Customer: No we don’t know what to do
JA: The Family Lawyer will be able to walk you through that. Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: Inverness
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: sheriffdom of Grampian highland and island at inverness
Submitted: 9 days ago.
Category: Family Law
Expert:  RJM Law replied 9 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 9 days ago.
Do you know any one that can help?
Expert:  RJM Law replied 8 days ago.

Thank you for the question, I am sorry to hear about this.  It seem as though you are seeking legal representation.  Whilst we do not provide that directly, I can certainly point you in the right direction.   Firstly, there is no legal requirement to be represented.  You are allowed to represent your self, or act, as we say, as a litigant in person.  However if you wish to instruct someone then you can find a local solicitor using the law society website.

Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is here;

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.