Taking a garage to court in Scotland: Simple Procedure

What Simple Procedure actually is

The Scottish Courts and Tribunals Service says Simple Procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes. Sources: ^[2]

It says a claim is made in the sheriff court by a claimant, the party against whom the claim is made is known as a respondent, and the final decision is made by a sheriff or a summary sheriff. Sources: ^[2]

It says you do not need to use a solicitor to use the Simple Procedure, but you can do so if you wish. Sources: ^[2]

mygov.scot says Simple Procedure replaced small claims and most summary cause claims on 28 November 2016. Sources: ^[21]

The Simple Procedure Rules are contained in the Act of Sederunt (Simple Procedure) 2016, a Scottish Statutory Instrument, and the Scottish Courts and Tribunals Service states that its website guidance is not the authority on which the procedure is based because the formal authority is contained in the Simple Procedure Rules. Sources: ^{[26] [2]}

The Scottish Courts and Tribunals Service says new rules apply to claims initiated on or after 31 May 2023, so guidance has to be read alongside the version of the rules that matches the date your claim was started. Sources: ^{[2] [3]}

It says sheriff clerks and their staff cannot give you legal advice, although they can help you understand court procedures. Sources: ^[3]

Simple Procedure is a court process designed to provide a speedy, inexpensive and informal way to resolve disputes.

Do not borrow English words or English thresholds

GOV.UK, describing the county court money claim used in England and Wales, states that there is a different process to make a court claim in Scotland and links to mygov.scot. Sources: ^[27]

In Scotland the person claiming is the claimant and the person claimed against is the respondent, the case is heard in a sheriff court, and the decision is made by a sheriff or summary sheriff; those are the terms the Scottish court service uses. Sources: ^[2]

The Scottish route is not called a small claims court claim: mygov.scot records that Simple Procedure replaced small claims on 28 November 2016, and the Scottish Courts and Tribunals Service keeps its small claims material only for actions raised before that date. Sources: ^{[21] [2]}

The Scottish Courts and Tribunals Service publishes its Simple Procedure material under Taking action on its own website, covering the guide, how to make a claim, responding, disputed cases, applications, recall and appeal, enforcement and Civil Online; that is the official starting point for a Scottish claim. Sources: ^[1]

The Scottish money limit, the Scottish forms, the Scottish fee structure and the Scottish rules on expenses are set out on the Scottish Courts and Tribunals Service and mygov.scot pages, and are not the same as the equivalent English figures and forms. Sources: ^{[3] [21] [11] [5]}

What to do

• If a page, template letter or forum post talks about a county court, the N1 form, the small claims track or Money Claim Online, it is describing England and Wales and does not apply to your Scottish claim.
• Start from the Scottish Courts and Tribunals Service Simple Procedure pages or from mygov.scot, not from a GOV.UK claim page.
• If you are unsure which country's courts your dispute belongs in, get advice before you file anything.

What you can claim, and the money limit

Sections 72(3)(a) and 72(11) of the Courts Reform (Scotland) Act 2014 put payment proceedings for £5,000 or less, exclusive of interest and expenses, within Simple Procedure. Sources: ^[13]

The Scottish Courts and Tribunals Service says a claim can also be made for delivery or recovery of possession of moveable property, or for an order to make someone do something specific, where there is an alternative claim for payment of £5,000 or less, exclusive of interest and expenses. Sources: ^{[13] [3] [2]}

It says that where the payment claim is more than £5,000, exclusive of interest and expenses, the ordinary cause procedure should be followed. Sources: ^{[13] [2]}

The statutory boundary includes a claim for exactly £5,000. The shorter mygov.scot wording that Simple Procedure is for cases worth less than £5,000 is not the controlling boundary; use £5,000 or less, exclusive of interest and expenses. Sources: ^{[13] [21]}

mygov.scot says that if your case involves personal injury or housing you apply using the summary cause procedure instead. Sources: ^[21]

The Scottish Courts and Tribunals Service lists a claim form asking for something that is not possible in Simple Procedure, such as a payment claim for more than £5,000, exclusive of interest and expenses, among the problems that will cause the sheriff clerk to return the claim form for correction. Sources: ^{[13] [3]}

For a repair dispute this usually means the cost of putting right defective work, or getting back money you paid for work that was not done properly, valued honestly rather than optimistically. If the honest figure is above the Simple Procedure limit you are in a different procedure, and that is a point to take advice on rather than to shrink your claim to fit.

What the court expects you to have done first

The Scottish Courts and Tribunals Service says that before raising a claim form it is important that you have tried to settle the dispute, and that this could mean writing to the person or company you have the dispute with and trying to agree a settlement. Sources: ^[2]

It says another option that may help you settle the dispute before you decide to raise a claim is alternative dispute resolution, and that further information on alternative dispute resolution can be found on the mygov.scot website. Sources: ^[2]

It says alternative dispute resolution is also something the sheriff or summary sheriff may refer you to after you have sent your claim form to the court, as a way of settling the dispute out of court. Sources: ^{[2] [5]}

It lists things you might wish to consider before making a claim, including whether the person is likely to be able to pay, whether a company has ceased trading, whether you are raising the claim against the correct person or company, whether you can afford the time to prepare your case if the claim is defended, and whether you can afford to pay the cost of having any decision enforced, because the court cannot do that for you. Sources: ^[2]

mygov.scot says alternative dispute resolution could solve your problem faster, cost less and avoid the stress of going to court, that it is not meant to replace the courts and is not a substitute for legal advice, and that it includes mediation and conciliation, arbitration and ombudsmen. Sources: ^[22]

mygov.scot says arbitration is often used for problems with goods and services and that the arbitrator's decision is binding. Sources: ^[22]

Whether an ombudsman or other alternative dispute resolution outcome is binding depends on the scheme's rules; do not assume that every ombudsman decision is either binding or non-binding. Sources: ^[23]

The Motor Ombudsman's current Scheme Rules say an adjudication outcome is not binding and can be appealed by either party, while an ombudsman final decision becomes binding on the accredited business if the consumer accepts it. Sources: ^[23]

mygov.scot says that at some sheriff courts there are free advice and mediation services, and that this could help you resolve your case before any court action begins. Sources: ^{[21] [22]}

Checklist

• Put the complaint to the garage in writing, dated, saying what went wrong, what you want done and by when.
• Work out the sum you are claiming from documents you can produce: invoices, the original estimate, the price of putting the work right.
• Check whether the garage belongs to an ombudsman or other alternative dispute resolution scheme, and record what happened if you used it or if the garage refused.
• Check you have the correct legal name and address of the business you contracted with, and whether it is still trading.
• Ask yourself honestly whether the respondent could pay a decision if you won.
• Keep the vehicle evidence: photographs, the old parts if you have them, mileage readings, and a dated timeline of what happened when.

mygov.scot — Instead of going to court

How a claim is actually made

The Scottish Courts and Tribunals Service says you should submit a Simple Procedure claim using the SCTS Civil Online portal. Sources: ^{[3] [4]}

It says that if you feel you cannot submit your claim electronically you must seek the approval of the sheriff for the claim to proceed in paper format, completing two copies of the Simple Procedure Claim Form (Form 3A) and sending a brief note outlining the circumstances preventing you from submitting the claim online. Sources: ^{[3] [2] [4]}

It says the sheriff will consider your note and decide whether the claim can be registered on paper, and that where approval is not given the claim must be submitted online if the claimant wishes to proceed. Sources: ^{[3] [4]}

It says that before you start a Civil Online claim you should have details for the claimant, details for the respondent, details of the dispute you want to resolve, any supporting documents you want to upload, and your credit or debit card to pay the court fee or a completed fee exemption form. Sources: ^[4]

It says there are 39 courts in Scotland and you will have to decide in which one your claim should be brought, and that in most cases the court which will hear the claim is the one within whose area the respondent lives or has a place of business. Sources: ^[3]

It says special rules apply in some cases, including to what are known as consumer contracts, where the consumer could choose to raise proceedings either in the court within whose area they live or in the one within whose area the trader's premises are situated, while the trader could only raise proceedings in the court within whose area the consumer lives. Sources: ^[3]

It says it is important to make sure as much information as possible is contained in the form to allow the sheriff or summary sheriff to consider your claim fully, and that the information also gives the respondent fair notice of what the claim is about. Sources: ^[3]

It says that if there are no problems the sheriff clerk will register the claim, assign a case reference number and issue a timetable (Form 3D) containing the last date for service and the last date for a response, and that the last date for service must normally be at least three weeks before the last date for a response. Sources: ^[3]

It says the claim form has to be served on the respondent and you cannot serve it on the respondent yourself, that an individual or sole trader can ask the sheriff clerk to serve it by recorded delivery mail, and that a solicitor or sheriff officer can serve it instead and will charge a fee for doing so. Sources: ^[3]

It says Civil Online can also be used to respond to a claim raised against you, to submit applications and other documents, and to track the progress of a claim and access case documents. Sources: ^[4]

Scottish Courts and Tribunals Service — How to make a claim with Simple Procedure

What it costs, and when you might not have to pay

The Scottish Courts and Tribunals Service says you will need to pay a fee when submitting your claim form, that a fee must be paid at the point of online submission, and that fees can be paid online by credit or debit card. Sources: ^{[3] [2]}

It says that if your claim is rejected by the court, any fee paid will be refunded automatically. Sources: ^{[3] [2]}

It says the current fees can be accessed in the Sheriff Court Fees section of its website, and that fees are set out in Scottish Statutory Instruments known as Fees Orders which are regularly updated by amendment orders. Sources: ^{[11] [9] [10]}

The Sheriff Court Fees page charges a lower fee to lodge a claim form for simple procedure in actions for sums of money at or below a low-value threshold than in all other actions, so the amount you pay depends on the size of your claim and on the fees in force on the day you submit. Sources: ^[11]

The Scottish Courts and Tribunals Service says you may be entitled to fee exemption, for example if you receive certain state benefits, and that further information and the fee exemption application form can be found in the Court Fees section. Sources: ^{[3] [2] [12]}

Its Guide to Court Fees says exemption can only be applied if you meet the criteria set out in the relevant Fee Order, that court staff cannot apply an exemption in any other circumstances, and that where exemption is claimed on the basis of benefits you must provide a letter from DWP or HMRC confirming receipt, without which the exemption cannot be processed. Sources: ^[10]

It says that if you are entitled to an exemption you must upload your completed fee exemption form and supporting document during the Civil Online submission process. Sources: ^[4]

It says the court fees do not include any fees you may need to pay if you have instructed a solicitor. Sources: ^[10]

Further fees can arise later: the Scottish Courts and Tribunals Service says there is an additional fee payable to the sheriff clerk for arranging service by sheriff officer, and that you will need to pay a fee to the sheriff court when submitting an appeal form, with further fees possibly payable in the Sheriff Appeal Court. Sources: ^{[3] [6]}

This page deliberately does not print fee amounts. Scottish court fees are reset by Fees Orders and the Scottish Courts and Tribunals Service publishes the current figures; read the amount off the Sheriff Court Fees page on the day you claim.

Scottish Courts and Tribunals Service — Sheriff Court fees

What happens after the claim is served

The Scottish Courts and Tribunals Service says that if a claim is made against someone, the first formal notice they receive is a copy of the completed claim form together with a response form (Form 4A), and that the respondent can dispute the claim, admit liability and ask the court for time to pay, or admit liability and settle it before the last date for a response. Sources: ^[2]

It says that if no response form is received by the court you must, within two weeks of the last date for a response, send the court an Application for a Decision (Form 7A), and that if you do not do so the sheriff will dismiss your claim. Sources: ^{[3] [2]}

It says that following an Opinion of the Sheriff Appeal Court in Cabot Financial (UK) Ltd against Jordan Walls, from 21 May 2025 all claimants in Simple Procedure claims must lodge an account of expenses claimed with the court before a case will be decided, that a pro forma is available for claimants who are not legally represented, and that failure to lodge it at the appropriate time may result in submitted applications being rejected. Sources: ^{[4] [2]}

It says that if the respondent disputes the claim and has sent the response form to the court, the sheriff must within two weeks of the response form being sent issue a first written order, which may refer the parties to alternative dispute resolution, arrange a case management discussion, arrange a hearing, indicate that a decision could be made without a hearing, or dismiss or decide the claim. Sources: ^[5]

It says a case management discussion is a hearing the sheriff may arrange to discuss the claim and response, to discuss negotiation and alternative dispute resolution, to give guidance and orders about witnesses, documents and other evidence, to arrange a hearing, or to make a decision in the case. Sources: ^[5]

It says the purpose of a hearing is to help the sheriff make a decision, that the hearing requires the attendance of all parties, and that it may be necessary for the court to inspect a document or item, or visit a place, to help decide the facts that are not agreed upon. Sources: ^[5]

It says parties must send each other and the court a List of Evidence Form (Form 10A) at least two weeks before the hearing, and that at the same time documents and other evidence should be lodged with the court and copies sent to the other parties. Sources: ^[5]

It says that if the claimant does not come to the hearing or is not represented the sheriff may dismiss the claim, that if the respondent does not come the sheriff may make a decision at the hearing, and that if neither party comes the sheriff must dismiss the claim. Sources: ^[5]

It says the sheriff may make any decision which resolves the dispute, including ordering the respondent to pay a sum of money, to deliver something or to do something, dismissing the claim, or absolving the respondent, and that a decision which absolves the respondent means the claimant cannot make a claim about the same subject against them again. Sources: ^[5]

It says that if the sheriff takes time to consider, the decision must be made within four weeks from the date of the hearing, and that the court will not issue a decision until a decision on the expenses of the case has been made. Sources: ^[5]

The practical point for a repair dispute is that your evidence has a deadline of its own. If you are relying on photographs, an independent inspection report or the removed parts, they have to be listed and lodged in time, not produced on the day.

Expenses in Scotland work their own way

The Scottish Courts and Tribunals Service says that once the decision in a disputed claim has been made the sheriff must make an order about expenses, and that as a general rule court expenses are awarded to the party who succeeds in the claim and must then be paid by the unsuccessful party. Sources: ^[5]

It says expenses which may be awarded to the successful party include the cost of any solicitor employed by them and loss of wages and travelling expenses for the successful party and any witness who appeared on their behalf. Sources: ^[5]

For cases to which the revised Sheriff Court Simple Procedure (Limits on Award of Expenses) Order 2016 applies, the bands are: no award where the claim is £300 or less; a maximum of £150 where it is more than £300 and not more than £1,500; and a maximum of 10% of the claim value where it is more than £1,500 and not more than £3,000. Sources: ^{[15] [16]}

SSI 2019/79 changed the lower threshold from £200 to £300 for Simple Procedure cases commenced on or after 1 April 2019; it has no effect on cases commenced before that date. Sources: ^{[15] [16]}

Because the revised Order prescribes no amount cap for a disputed claim worth more than £3,000 and not more than £5,000, the statutory band caps do not apply there; the Scottish Courts and Tribunals Service says the award can depend on legal representation, the work done and the length of hearings. Sources: ^{[14] [15] [5]}

Section 81 provides that prescribed limits do not apply where the defender has not stated a defence, has stated but not proceeded with it, has not acted in good faith as to its merits, or where a party has behaved in a manner which is manifestly unreasonable in relation to the case. Sources: ^[14]

Separately, section 81 allows the sheriff, on a party's application, to direct that the Order does not apply where a difficult question of law or a question of fact of exceptional complexity is involved. Sources: ^[14]

It says the limits for awarding expenses do not apply to the hearing of appeals or to expenses incurred by using a courtroom supporter, and that court expenses do not include the cost of having any court order enforced. Sources: ^[5]

It says a successful party may not necessarily be able to recover all of the money spent in appearing at court by means of an award of expenses. Sources: ^[5]

As a general rule, court expenses are awarded to the party who succeeds in the claim.

Read that in both directions. Capped expenses limit what you can be asked to pay if you lose a lower-value claim, but the statutory amount caps do not apply where the claim is more than £3,000 and not more than £5,000, and can cease to apply in other statutory circumstances, including manifestly unreasonable conduct. Simple Procedure reduces financial risk; it does not remove it.

Recall, appeal, and actually getting the money

The Scottish Courts and Tribunals Service says that in certain circumstances you can apply to the court to have the decision of the sheriff recalled, that this is not the same as an appeal, and that you may not appeal a decision if you can apply for the decision to be recalled. Sources: ^[6]

It says an application to recall is made on an Application to Recall (Form 13B), that it can be completed using Civil Online, that you must set out clearly the reasons why you wish the decision recalled, and that the sheriff must issue a standard order arranging a discussion in court at which the sheriff will consider whether to recall the decision. Sources: ^[6]

It says that if you want to appeal a decision made by a sheriff you must do this within four weeks from the decision form being sent by the sheriff clerk to the successful party, using an Appeal Form (Form 16A) sent to the court that dealt with the claim with a copy to the other party, and that the appeal form must set out the legal points you want the Sheriff Appeal Court to answer. Sources: ^[6]

It says it is the responsibility of the successful party to enforce the court's decision, that the court cannot do this on their behalf, and that the successful party is responsible for the cost of any enforcement action although they may be able to recover it from the other party. Sources: ^[7]

It says that after the decision form is sent to you, you must wait four weeks before enforcing the decision, and that if an appeal is lodged within that four week period you cannot enforce the decision. Sources: ^[7]

It says that where the court has allowed payment of a sum of money by instalments or within a specific period, you must send a copy of the decision form to the other party, because the decision for payment cannot be enforced until the other party has received a copy of it. Sources: ^[7]

It says that before enforcing a decision for a sum of money a charge must be served on the other party by a sheriff officer, that the purpose of the charge is to give the other party one last chance to pay, and that the charge must demand payment within two weeks if the other party is in the United Kingdom or four weeks if they are outside it or their address is unknown. Sources: ^[7]

It says that if the sum of money is still not paid after the time limit has expired you can then instruct a sheriff officer to enforce the decision. Sources: ^[7]

It is the responsibility of the successful party to enforce the court’s decision. The court cannot do this on their behalf.

Winning is not the same as being paid. Enforcement in Scotland is a separate step that you organise and pay for through a sheriff officer, and what you recover still depends on what the respondent actually has.

Scotland has its own time limits, and they are not the English ones

Time limits in Scotland are governed by the Prescription and Limitation (Scotland) Act 1973, a separate statutory scheme from the Limitation Act 1980 that applies in England and Wales; the relevant provisions of the 1973 Act extend to Scotland. Sources: ^{[24] [25]}

Section 6 of that Act provides that if, after the appropriate date, an obligation to which the section applies has subsisted for a continuous period of five years without any relevant claim having been made in relation to the obligation and without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished. Sources: ^[24]

The Act itself defines which obligations section 6 applies to in Schedule 1 and defines the appropriate date for particular kinds of obligation in Schedule 2, and section 6(4) sets out periods that are not counted, so the date the clock starts and whether it has been interrupted are questions about your particular facts, not questions this page can answer. Sources: ^[24]

This guide does not state a deadline for any individual repair dispute. Scotland has its own rules on prescription, the earlier you act the fewer arguments there are about them, and you should confirm the position for your own case before relying on it. Sources: ^[24]

Ordinary bilateral negotiation with the garage does not automatically stop the prescriptive clock. Its effect can depend on what is said or done, and it is not automatically ADR within section 14. Sources: ^{[24] [25]}

Section 14(1D) to (1G) can extend a prescriptive period for a consumer contract dispute where ADR within the section's definitions is carried out and starts before the unextended period expires: if the last day would otherwise fall after the ADR starts but before it ends, on the day it ends, or in the following eight weeks, the period instead expires eight weeks after the ADR ends. Sources: ^[25]

Section 14 defines when that ADR starts and ends, including that it starts when the dispute is first sent or otherwise communicated to the ADR entity in accordance with its submission rules. Do not assume that a negotiation or an ADR process in an individual case has triggered the extension. Sources: ^[25]

There is no English-style pre-action protocol imported into Simple Procedure; what the Scottish court service says is that before raising a claim it is important that you have tried to settle the dispute. Sources: ^[2]

If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years … then as from the expiration of that period the obligation shall be extinguished.

What to do

• Do not assume the six-year period you may have read about on an English page applies to you. It does not; Scotland runs a different statute.
• Do not let negotiation with the garage drift for years on the assumption that the clock has stopped.
• If any part of your dispute is old, take advice on prescription before you spend money on a claim.

Where to get help in Scotland

The Scottish Courts and Tribunals Service says you may receive free advice and assistance from the Scottish Association of Law Centres, Citizens Advice Scotland, consumer advice centres, Money Advice Scotland, trading standards departments, and an in-court adviser at some sheriff courts, which you should check for with the relevant court. Sources: ^{[8] [3]}

It says that if you are an individual you do not need to employ a solicitor at any stage of a simple case, but if you do you will be liable for payment of the solicitor's fees. Sources: ^[8]

It says you can authorise someone else to represent you, known as a lay representative, who must fill in a Lay Representation Form (Form 2A) and who cannot receive any payment from you for their assistance, either directly or indirectly. Sources: ^[8]

It says you may be supported in court by a courtroom supporter such as a friend, relative or colleague who cannot speak on your behalf but may sit with you, provide moral support, help you manage your documents, take notes and quietly advise you, and who does not need to be legally qualified. Sources: ^[8]

Schedule 2 paragraph 3A of the Legal Aid (Scotland) Act 1986 excludes civil legal aid at first instance for Simple Procedure payment proceedings of £3,000 or less, exclusive of interest and expenses, except proceedings for aliment or interim aliment and actions for personal injury. Sources: ^{[17] [18]}

For a first-instance Simple Procedure payment claim of more than £3,000 and not more than £5,000, exclusive of interest and expenses, Scottish Legal Aid Board guidance says civil legal aid is within scope; a grant still depends on financial eligibility and the probable-cause and reasonableness tests. Sources: ^{[13] [17] [18] [19]}

The Scottish Legal Aid Board says civil legal aid is available in relation to all Simple Procedure appeals, but an applicant must still satisfy the applicable eligibility and merits tests. Sources: ^{[18] [19]}

Advice and assistance is separate from civil legal aid: the Scottish Legal Aid Board says it can be used to advise on preparing a Simple Procedure case but cannot cover representation. Sources: ^[20]

It says that if you need legal advice, the Law Society of Scotland can provide contact details for solicitors in your area. Sources: ^{[8] [2]}

mygov.scot says you can get help from Citizens Advice Scotland on making a court claim by making an appointment at your local bureau or visiting the Citizens Advice Scotland website, and that to speak to someone you can call Advice Direct Scotland. Sources: ^[21]

Citizens Advice publishes Scotland-specific guidance describing how to use simple procedure, and states on that guidance that it applies to Scotland; it is advice-sector material about its own service and guidance, not a statement of court procedure. Sources: ^[28]

What to do

• Use a Scottish advice route. Advice written for England and Wales will point you at the wrong court, the wrong form and the wrong deadline.
• Ask your local sheriff court whether an in-court adviser service operates there before your first hearing.
• Court staff can explain procedure but cannot tell you whether to claim or what your claim is worth.

mygov.scot — Make a court claim for money (Scotland)

Important

OBDCode UK cannot tell you whether your claim will succeed, what it is worth, or which time limit applies to it.

Scotland only. If your dispute belongs in England, Wales or Northern Ireland, none of the procedure on this page applies.

Check the money limit, fees, forms and rules on the Scottish Courts and Tribunals Service and mygov.scot pages on the day you act; they change, and the rules differ depending on when a claim was initiated.

Do not drive a vehicle you have been told is unsafe in order to gather evidence or return it to a garage; arrange recovery where the reviewed safety conclusion requires it.