If court action has been raised, it will normally have been done using one of two procedures and will be raised in your local Sheriff Court.
Simple Procedure: If simple procedure is used, this is will be for amounts of less than £5,000. On the Court Summons you receive, there will be a Last Response Date, this is the date you must respond to the Summons.
If you fail to respond by that date, the lender will usually be granted a court order, or decree in your absence.
Ordinary Procedure: If this procedure is used, it will be for an amount over £5,000 and will also normally want the vehicle returned (if there is one involved). You have 21 days from receiving the paperwork to return the Time Order application to the court.
If you fail to respond, the court order or decree will normally be granted in your absence.
Both procedures, in the Summons (court paperwork) have an application form that you can complete and submit to say you want to apply for a Time Order or Time to Pay Direction.
When completing it is important to make it clear it is a Time Order you are applying for, as both remedies are different and can have different outcomes for you.
Please note: you cannot apply for a Time Order if you have previously applied for one for the same agreement, or if you have applied for a Time to Pay Direction under the Debtors (Scotland) Act 1987.
