DMBM675780 - Summary proceedings (Sc): Payment by cheque on the calling date

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Payment in full including costs

Either immediately before or at the hearing on the calling date, if the defender paysthe claim in full (including costs) you should

• accept the payment and
• ask the court to continue the case for clearance of the cheque.

Cheque cleared before continuation date

Where the case is cleared before the continuation (new calling) date you must

• notify the court, in writing, that the claim has been paid and that the case is withdrawn. (The court will note its records and you will not be required to attend court on the continuation date.)

Cheque dishonoured

In cases where the cheque is dishonoured you must

• attend the court on the continuation date and
• ask for decree for the debt plus outlays.

Part payment

Where the defender pays only part of the debt by cheque you should

• advise him that you are not prepared to accept anything other than payment in full settlement at this stage and
• seek decree for the full amount plus outlays (DMBM675100).