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Simple procedure help please.

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  • Simple procedure help please.

    I have recently submitted a claim under the Simple Procedure procedure in Scotland for two sums of money owed to me by my ex and was awarded both sums in a decison as she did not repond to the claim in the time allowed. She has since lodged an application to recall the case and there is a Recall of decision hearing date set for next month. In her response to my claim she has admitted liability for one of the sums owed but is contesting the second larger sum. I would have rather avoided all of this in the first place and I would be prepared to settle my case if she pays the first sum (which she has admitted liabilty for and agreed to pay) however I do not trust her to make this payment unless the court makes an order. Is there a way that I can get the court to accept this and avoid the need for a hearing? If so what forms would I need to fill in? I would be extremely grateful for any advice on this matter. Thank you.
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  • #2
    If this is still on the go, you need to amend the original Claim Form (using Form 9D) to take the new circumstances into account.
    ----- DISCLAIMER -----

    I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

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