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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12079
Experience:  30 years as a practising solicitor.
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I want to change an eviction action from ordinary to summary

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I want to change an eviction action from ordinary to summary cause. I have been informed it is not possible to put on hold or dismiss this action or even to have both actions running together at the same time. I just want my tenants out as quickly as possible before I lose my home. Is this advice correct ?
Thank you for your question.
You can ask the court to remit the ordinary action to the summary clause roll provided that any crave for money is restricted to £5000, so you may need a Minute of Amendment to accompany the motion to remit.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Should I carry out this action after the 21 days have expired or can I do this before that time ? Also will I be liable for defense costs in any way ?

Do you mean the 21 day period after service?
Customer: replied 2 years ago.

Yes the tenant, has I've been told, has 21 days to respond and I cannot take any action until I presume a reply to the writ or 21 days have passed since she was served

Once the action is served you can't amend or change your action unless service fails or until a notice of intention to defend is lodged.
If service fails you can tear up your writ and start again. If a NID is lodged you can then apply to the court to change the action.
Customer: replied 2 years ago.

If a NID is lodged will I be liable for expenses or is it just one action morphing into another. Ie will the tenant have to be served this new action and the first cancelled ?

No, it's just a change of court roll. You might be liable for the motion hearing to remit the case but that should be all.
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