DMBM675520 - Summary proceedings (Sc): Summons not served on the defender
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There can be various reasons why the summons is not served. For example where the defenderhas gone unknown or the premises were shut and no signature could be obtained for therecorded delivery letter.
Court action
In each case in which a summons is not served it will be returned to the court. Thecourt may then decide to grant a warrant to re-serve and if so they will specify a newReturn Day and Calling Date. In any event the court will then arrange for each summons notserved to be returned to you.
Debt management office action
Initial check by debt management office
On receipt of a returned summons in the debt management office you should check thesummons to see if the sheriff clerk has entered a new return day and calling date (DMBM675100).
New return day and calling date entered.
If a new return day and calling date have been entered on the summons, proceed as if itwere a new action.
Summons returned without amendment
Where the summons is returned to you without amendment by the court, you should arrangefor a recovery proceedings check to confirm the debt remains unpaid (DMBM615040).
Sufficient time for re-service
For cases where there is sufficient time before the calling date to allow validre-service
- send form1(b) to the sheriff officer and
- ask him to
- re-issue the document by recorded delivery first class post to an alternative address, if available, or
- cite the defender personally where postal service has already proved unsuccessful.
Insufficient time for re-service
For cases where there is not sufficient time before the calling date to allow validre-service, apply to the court for a warrant to re-serve.