• Best way to enforce English judgment in Scotland

    From GB@21:1/5 to All on Mon Jan 8 20:26:43 2024
    I have obtained judgment against a Scottish company in the English
    county court. It's for a fairly modest amount (just over £300).

    I don't think the company will do anything when I send them a copy and
    ask for payment.

    So, I think I'm going to have to take enforcement action. What's the
    most economical way of going about this?

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  • From GB@21:1/5 to Simon Parker on Mon Jan 15 12:16:13 2024
    On 08/01/2024 22:05, Simon Parker wrote:
    On 08/01/2024 20:26, GB wrote:
    I have obtained judgment against a Scottish company in the English
    county court. It's for a fairly modest amount (just over £300).

    I don't think the company will do anything when I send them a copy and
    ask for payment.

    So, I think I'm going to have to take enforcement action. What's the
    most economical way of going about this?

    This is an FAQ on the Scottish Courts web-site:

    https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/serving-or-enforcing-a-court-order

    In short, it is a three step process:

    (1) Obtain a "Certificate of Money Provisions" using CPR Rule 74.17. [1]

    (2) Register the certificate obtained in step 1 in the "Register of
    Judgments of the Books of Council and Sessions".  This must be done
    within 6 months of the certificate being issued and you'll be sent an
    extract of the registered certificate and a warrant for execution.

    When this is done, the English judgment is now enforceable in Scotland.

    (3) Instruct a Sheriff Officer to attempt to recover the debt.

    Further details is available at the link above.

    Regards

    S.P.

    [1] http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part74#IDARZ2HC



    Thank you, Simon. I decided to give them (Scottish Power) one last
    chance to pay. And, amazingly, they did!

    There's one clear point that comes out of this: Avoid Scottish Power.
    There are plenty of better companies out there.

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