Taking someone to small claims that has moved to scotland

[janetsflower]

I am owed money by a tenant who has lived in my property in england for the past year, normally i would pursue this through the money claim online website but they are moving to scotlad this weekend and apparently our courts have no jurisdiction in scotland. How should i go about pursuing this money, can i not take someone to court that lives in scotland when the money they owe me comes from when they lived in england? Thanks for any advice anyone can offer

[plowter]

An interesting point, but surely if that was the case then any debt wouldn't be enforceable across the borders of the UK?

So if you obtain a loan from a bank in England and nip across the border then there's nothing they can do? Couldn't imagine that.

Since you don't know the defender's new address you could raise a claim based on his last known address in England. If judgement is granted then you enforce the action. It may be that you have to use a debt collection agency or use bailiffs/sheriff officers, or go back to court to arrest wages.

Contact your local county court to ask about jurisdiction and enforcement in such as case.

[plowter]

Totally agree with In A Pickle. The contract was made in England so the local court has jurisdiction. Once you have judgement made in your favour you then enforce the judgement.

That would involve engaging a bailiff in England. There will be reciprocal arrangements in place between the English bailiff and the Scottish Sheriff Officers.

An alternative would be to use a debt recovery agency to trace the individual and enforce the judgement.

[janetsflower]

Thanks for the advice -plenty for me to think about there