# Working in Scotland - Simple Procedure (small claims)
In Scotland, chasing money through the courts is a different game to England. No Money Claims Online, no County Court. You're in Sheriff Court under something called Simple Procedure.
1. What Simple Procedure actually is
Simple Procedure is the Scottish system for lower-value civil claims. It's built to be:
- Cheaper and more informal than full-blown court.
- Something you can, in theory, handle yourself without a solicitor.
Trades use it for:
- Unpaid invoices.
- Disputes over small jobs.
- Straightforward "you owe me, you're not paying" stuff.
You're not clicking a website and paying a fee like in England. You're dealing with the local Sheriff Court.
2. The key numbers
Simple Procedure is for claims up to £5,000.
That's your upper limit for this route. Above that, you're into more complex court procedures and higher risk on costs.
- If a customer in Scotland owes you £3k for a bathroom - Simple Procedure is the lane.
- If they owe you £9k - you're into "is it worth a proper action / solicitor / risk" territory. A different decision.
England can go to £10,000 in small claims. Scotland can't. Don't copy English advice on limits.
3. How it's different from England
| England & Wales | Scotland | |
|---|---|---|
| System | Money Claims Online / County Court small claims track | Simple Procedure / Sheriff Court |
| Claim limit | Up to £10,000 | Up to £5,000 |
| How you file | Online portal (MCOL) or paper | Scottish forms lodged with local Sheriff Court |
| Which court | County Court (often centralised online) | Sheriff Court covering the defender's address |
| Who decides | District Judge | Sheriff |
| Solicitor needed? | No (designed for self-representation) | No (designed for self-representation) |
Any "just use Money Claims Online, mate" advice from English sources is wrong for you in Scotland.
4. The process in plain English
- Complete a Simple Procedure Claim form. Available from the Scottish Courts website.
- Lodge it with the Sheriff Court that covers the defender's (the person who owes you) address.
- The court serves it on the defender, or you arrange service following the rules.
- The defender can:
- Admit the claim (you get your money or a payment order).
- Defend it (the Sheriff manages what happens next).
- Ignore it (you can ask for a decision in their absence).
- The Sheriff can order: documents, a case management discussion, or a hearing.
- You get a decision. If you win, you get an order for payment. Enforcing that is a separate step if they still don't pay.
The exact forms and steps change over time, so always check the Scottish Courts and Tribunals Service website for the current process and fees.
5. What this means for a Scottish tradesperson
If you're working in Scotland and a customer won't pay:
- Any English small claims guide is wrong for you on process, limits and forms.
- You need to look up Simple Procedure for the Sheriff Court where your customer is based.
- You need to understand: is the amount under £5k? Is it worth the fee and hassle? Do you have a clear paper trail?
Before you ever get near court
Build your contracts, quotes and paperwork so they're clear enough that, if you do end up in Simple Procedure, you've got:
- Something in writing showing what was agreed (quote, email, text, contract).
- Evidence of work done (photos, sign-off messages, delivery notes).
- Clear invoices and chasers (dated, specific, showing what's owed and when it was due).
That paper trail is what wins in front of a Sheriff. "He said he'd pay me" with no evidence is not a claim - it's a hope.
6. How SiteKiln handles debt-chasing guides
Any SiteKiln guide about chasing bad debts or going to court will have separate routes for:
- England & Wales - Money Claims Online, County Court, up to £10,000.
- Scotland - Simple Procedure, Sheriff Court, up to £5,000.
If a guide doesn't specify Scotland, treat it as England & Wales only.
What to do next
- Read: Guide 1.12 - Chasing debt as a sole trader
- Read: Guide 1.13 - Chasing debt from a limited company
- Read: Guide 9.1 - What to do when a customer won't pay
- Read: Working in Scotland - income tax differences
- Check: Scottish Courts and Tribunals Service for current Simple Procedure forms and fees
Sources (UK)
- Courts Reform (Scotland) Act 2014 - established Simple Procedure.
- Scottish Courts and Tribunals Service - Simple Procedure guidance, forms, fees.
- Citizens Advice Scotland - practical guidance on small claims in Scotland.
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