How do I make a claim against a debtor in Scotland?

You may issue your claim in the same way as you would against a debtor based in England or Wales, on the condition that there are no proceedings concerning the same case already in process in another court. You must state this in your claim form.

In claims against a business, you may choose the court in which it is to be issued. As with a debtor in England, you must consider before commencing proceedings whether the debtor will be able to satisfy a judgment, especially if their assets are in Scotland; and if it is worth the time and money that you will expend in enforcing it.

You can register any judgment obtained against the debtor with the High Court and enforce it as you would a Scottish court judgment. However, Scottish law, enforcement and procedure is different from English, meaning that this process is time-consuming, expensive, and could involve practical difficulties.