Quizzes & Puzzles9 mins ago
Taking someone to small claims that has moved to scotland
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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
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No best answer has yet been selected by janetsflower. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.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.
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.
-- answer removed --
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.
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.
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