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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
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Summary proceedings (Sc): Court action on receipt of the summons

Once satisfied that the summons has been correctly completed and that the action iswithin its jurisdiction, the court will register the case.

First of all the court completes the front of the summons to show the number of the case.Always quote the case number and the name of the pursuer/defender whenever you enquireabout a case because all court records are filed in case number order.

The court then completes the front of the summons to show

  • the date of the return day

Rule 4.5 of the Summary Cause Rules 2002 states that the defender must be given atleast 21 days notice of the action before the date set for the return of the form1(b).This date is known as the “return day”.

  • the calling date, that is, the date and time that the case will call in court.

Rule 4.5 of the Summary Cause Rules 2002 states that 7 days after the return day thecase will call in court.

The sheriff clerk deputy then signs the form granting you (the pursuer) authority to servea copy of the summons on the defender and returns the summons to you together with the“blue copy” of the form E200.