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HMRC internal manual

Debt Management and Banking Manual

Ordinary Cause: Application for warrant to cite a defender by means of a notice displayed on the walls of the court

On receipt of the documents from the sheriff with his authority for warrant to cite the defender by means of a notice displayed on the walls of the court you should

  • check the warrant of citation in accordance with DMBM680540 to ensure that there is no mention of a “time to pay direction”
  • arrange for a recovery proceedings (RP) check to confirm that the debt remains unpaid and (DMBM615040)
  • note the appropriate computer records
  • type on a plain sheet of paper the following notice

“NOTICE TO (insert the defender’s name) Court Reference No (insert court reference number)

An action has been raised in (insert name of the sheriff court) Sheriff Court by (insert name of debt manager taking the proceedings), Officer of Revenue and Finance, Pursuer, calling as a Defender (insert defender’s name) whose last known address was (insert last known address of defender). If (insert defender’s name) wishes to defend the action he (or insert “she” if applicable) should immediately contact the Sheriff Clerk at (insert address of court) from whom the service copy initial writ may be obtained. If he (or insert “she” if applicable) fails to do so decree may be granted against him (or insert “her” if applicable).

Date………………..   …………………………Signed
    Sheriff Clerk (depute)
    Telephone number (insert telephone number of the Sheriff Clerk’s office)

Retain a copy of the notice in your papers. You should then send copies of the

  • initial writ
  • the warrant to cite
  • the form of notice

to the sheriff officer with a covering letter. This should instruct him to obtain the sheriff clerk’s signature and to cite the defender by displaying the notice on the walls of the court.

The copy initial writ and the copy warrant to cite must be lodged with the sheriff clerk so that they are available to the defender should he wish to collect them from the sheriff clerk.