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HMRC internal manual

Debt Management and Banking Manual

Summary Proceedings (Sc): Recall of decree by defender

Where the defender or his representative has failed to appear at the first calling orat any continuation or where the defender has failed to state a defence and the court hasgranted decree, the defender can apply to the court for a recall of the decree. Rule 24.1Summary Cause Rules 2002 allows the defender to lodge a minute with the sheriff clerk todo so.

The defender must make an application no later than 14 days after the execution of thecharge upon him or the execution of an arrestment whichever occurs first.

If the court allows the application to go ahead the defender must serve you with a copy ofhis minute and inform you of the date that the sheriff is to hear his application.

Immediately you receive such a minute from the defender, it acts as a sist (suspension) ofdiligence. You must ask the sheriff officer to take no further recovery action and returnthe decree to you (either by hand (if convenient) or first class post).

As soon as you receive the decree, deliver it to the court (either by hand (if convenient)or by Hays DX system (or first class post if for whatever exceptional circumstance you areunable to use this service).

You should then attend court on the day of the hearing and the hearing will proceed as ifit were the first calling of the case.