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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12072
Experience:  30 years as a practising solicitor.
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I have won a small claims decree in Scotland and the money

Customer Question

I have won a small claims decree in Scotland and the money owed has not been paid. The sheriffs have delivered the decree to the defenders. In the local paper he says he knows nothing about the decree even though he failed to turn up at court five times and his legal; representatives withdrew from being his representative the day before the court hearing because he had failed to produce evidence, documents and respond to questions. I would like to know if I can take this individual (former citizen of the year and local businessman) to court on a 'contempt of court' charge. Apparently I can not go to another court on the civil matter. Even though the court says 'pay up' he does not have to if he does not want to! Where is the justice? I would be willing to go to a criminal court to get my funds due and as awarded by court. I have all evidence and reports in writing. I have a copy of the defenders solicitors' letter stating his refusal to present evidence and decision to withdraw representation. I also have in writing (in the paper) his statement that he knows nothing about the decree. Thanks in advance, Robert XXXXXX

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No, you can't go to another court on this. You have your decree and your remedy is now to enforce the decree via sheriff officers. You have a bank arrestment. You may want to consider an attachment of moveable items or a charge leading to bankruptcy if your decree is for a sum exceeding £1500.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.