Simple Procedure in Scotland: How to Bring (or Defend) a Small Claim Under £5,000

If somebody owes you up to £5,000 — a tradesman who botched the job, an ex-flatmate refusing to repay shared bills, a deposit your landlord won't return — you do not need a solicitor to get it back. Scotland built Simple Procedure for exactly this.

The fees are small, the rules are written in plain English (genuinely), and you can represent yourself from start to finish. Here is how Simple Procedure actually works, when to use it, and how to win.

What Simple Procedure is

Simple Procedure is the small-claims regime for the Sheriff Court of Scotland, governed by the Simple Procedure Rules 2016. It replaces the older Small Claims and Summary Cause regimes for money cases up to £5,000.

It is deliberately stripped down:

• No formal pleadings;
• No witness statements until a late stage;
• No skeleton arguments;
• Sheriffs have wide case-management powers;
• The forms are short and use ordinary English;
• Parties can — and most do — represent themselves.

Who can use it

Simple Procedure is for:

• Money claims up to £5,000;
• Delivery of moveable property up to £5,000 value;
• Specific implement (compelling somebody to do what they agreed to) where the value is up to £5,000.

For higher-value claims you need Ordinary Cause procedure — a much more formal, much more expensive animal.

The fees

Court fees as of 2025-26:

• Issuing the claim: about £19 (under £200 claim) up to £128 (over £3,000)
• Hearing fee: from £39
• Diligence fees (after winning): vary

Compare that to the cost of issuing a claim in England (£35 to £455) — Scotland is materially cheaper for the courageous self-litigant. If you are on a low income, apply for Civil Legal Aid through SLAB, or for fee remission using Form EX160.

The stages

1. Pre-action: Letter Before Claim

Send the other party a Letter Before Action giving them 14 days to pay or respond. This is not technically required for Simple Procedure but it is wise — it documents your position and frequently produces payment without litigation.

2. Form 3A — the Claim Form

Fill in:

• Names and addresses of the claimant and respondent
• The amount claimed
• A short, clear narrative of what happened
• The statutory or contractual basis for the claim
• The remedy sought

File at the relevant Sheriff Court — typically where the respondent lives, where the contract was made, or where the goods or services were provided.

3. Notice of Claim

The court serves the claim on the respondent and sets a Last Date for a Response — usually about three weeks ahead.

4. Response

The respondent either:

• Pays in full (case ends),
• Admits and asks for time to pay (Time to Pay direction),
• Disputes the claim (Form 4A response).

5. Case Management Discussion

The sheriff fixes a Case Management Discussion (CMD). Both parties attend. The sheriff identifies the disputed issues, sets directions for evidence, may refer the case to mediation, and sometimes resolves it on the day if it is clearly answered.

6. Final hearing

If unresolved, a hearing follows. The sheriff hears evidence and decides on the balance of probabilities.

7. Decision and enforcement

The sheriff issues a written decision. If you win, you have a decree you can enforce by sheriff-officer diligence — earnings arrestment, bank arrestment, attachment.

How to win as a self-litigant

The Simple Procedure system favours neither party. Three things consistently separate winning self-litigants from losing ones:

• Documents, not memory — bring every email, every text, every receipt, every photograph. Print them. Provide a chronologically-numbered bundle.
• A clear written timeline — one page, in date order. The sheriff will love you for it.
• Realistic remedy — claim only what you can prove with documents. Inflated claims invite scepticism on every other point.

Defending a Simple Procedure claim against you

If you have been served a Form 3A as the respondent:

• You have until the Last Date for a Response on the form;
• Use Form 4A (response form);
• Tick the boxes that apply (deny / admit / partial / counterclaim);
• Set out your defence in plain English;
• Counter-claim if you have one;
• Apply for Time to Pay if appropriate.

Common defences:

• Prescription: more than 5 years old → claim is barred under the Prescription and Limitation (Scotland) Act 1973.
• Counterclaim: you have a claim against them larger than theirs.
• Performance: you actually paid or delivered.
• Frustration: the contract failed for reasons beyond either party.
• Misrepresentation: you were induced into the contract by a false statement.
• Consumer rights: under the Consumer Rights Act 2015 the goods or services were not of satisfactory quality.

The deadlines you cannot miss

Where LAW-BUD fits in

Simple Procedure was designed to let people with valid claims get justice without paying a solicitor £250 an hour. LAW-BUD is built to make that easier still.

• Drafting Counsel — produces your Form 3A claim with the right legal basis, chronology and remedy.
• Authorities Researcher — finds the leading cases on your point and links to BAILII / legislation.gov.uk.
• Knowledge Base — upload every email, contract, receipt and photo. LAW-BUD reads them all in context and helps you build the chronology.
• Templates via @ — Simple Procedure Claim, Letter Before Action, Time to Pay application.
• Document Vault — keep your evidence bundle organised, exportable, ready to file.

The Sheriff Court is not a frightening place when you have the right paperwork in the right order. Most Simple Procedure cases settle before hearing because the documents do the talking.