If you live in Scotland and your creditors start court action they’ll apply for a decision/decree.
This information only applies to people in debt in Scotland; if you live in England, Wales or Northern Ireland the action your creditors can take is different.
Most court action is started in the sheriff court, but for larger or more complex cases the creditor may start a case in the Court of Session.
If your creditor decides to take court action you’ll get a document from the court called a
‘simple procedure notice of claim (form 6A)' for debts owed up to £5,000 or an ‘initial writ’ for
larger debts over £5,000.
For debts regulated by the Consumer Credit Act, the creditor must have sent you a default notice and given you at least 14 days to reply before they can start court action.
If you get a claim or initial writ our guide to decision/decrees will help you understand what to do next. It’s important that you act straight away.
If you ignore the claim or initial writ, or if you don’t make the payment that’s asked for in a decision/decree, your creditor can begin diligence to recover the debt.