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HMRC internal manual

Debt Management and Banking Manual

From
HM Revenue & Customs
Updated
, see all updates

Summary Proceedings (Sc): Application for warrant to cite a defender by means of a newspaper advertisement

Once you have received the documents back from the sheriff with the authority for warrant to cite the defender by means of a newspaper advertisement you should

  • proceed as in DMBM675440
  • arrange for a recovery proceedings (RP) check to confirm the debt remains unpaid and (DMBM615040)
  • record this on the appropriate computer records
  • arrange for either the (court) form 8 to be prepared or the following to be typed on a plain sheet of paper:
    • “A small claim action has been raised in the sheriff court at (insert the name of the court) by (insert the name of the debt manager taking the proceedings), Officer of Revenue and Customs, pursuer against (insert defender’s name), defender whose last known address was (insert the defender’s last known address).
    • If the said (insert defender’s name) wishes to defend the action he should immediately contact the sheriff clerk’s office at the above court, from whom the defender’s copy summons may be obtained.
    • Address of court………..
    • Telephone number of court…………….
    • Fax number of court…………….
    • e-mail address of court…………..”
  • keep a copy of either this typed form or the court form 8 with your case papers and
  • forward the original form to the sheriff officer together with forms 1 and 1b with a covering letter.

In your covering letter you should include

  • an instruction to the sheriff officer to lodge the form 1b with the sheriff clerk. (This is so the defender can uplift it should he contact the sheriff clerk.)

and

  • a request for the advertisement as detailed in your accompanying (court) form 8/typescript copy to be placed in a newspaper circulating in the area of the defender’s last known address.

Once this has been done you should

  • liaise with the sheriff officer to find out in which paper the advert is to be placed and the date on which it is to appear.

As soon as you know the details you must as a matter of urgency

  • purchase a copy of the relevant newspaper displaying the advert and
  • forward it to the sheriff clerk along with form 1 on or before the return date.