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Home | Get Advice | Law and Courts
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Law and Courts

Online Guides & Resources

Citizens Advice provide a wide resource of advice, information and guidance relating to law and court issues at the following link:

Law & Courts Resources – Citizens Advice Scotland

Dumfries & Galloway Citizens Advice Service understands that your personal circumstances can change suddenly at any time which can bring critical financial and serious lifestyle changes.

Our in-court advice service specialist advisers can help individuals and their families dealing with the worry of legal issues and attending court including Lay Representation in Court for Civil matters.

This service is free, confidential, impartial, independent and non-judgemental which means we always put our clients’ needs first.

 Areas where we can help are:

  • Dispute Resolution – it is often possible to resolve a dispute without the need for legal action.
  • Alternatively, in certain circumstances where this is not possible, individuals can use the Simple Procedure to resolve disputes by going to court – this process is a quicker way to resolve disputes up to £5000. The Simple Procedure claim is made through the Sheriff Court and the process has been designed to be more informal and inexpensive.  Simple Procedure now replaces the Small Claims procedure (and also part of the Summary Cause procedure only where it relates to actions for payment, delivery or for recovery of possession of movable property or actions which order someone to do something specific.)
  • Completion of the Simple Procedure forms which can be obtained from your local Sheriff Clerk’s Office or downloaded from The Scots Court and Tribunals website by ensuring that the guidance rules are followed for this process.

It is important that you know from the outset that there are normally fees payable to the court when your claim is submitted, however, there are some exemptions e.g. if you receive certain state benefits.

We can also help individuals and families who are at risk of losing their home as a result of rent or mortgage arrears or for notices you have received regarding the condition of your property.  In the first instance we can negotiate with your landlord / mortgage lender on your behalf and / or respond to eviction notices.

In all cases we can determine your entitlement to Legal Aid or alternatively provide you with Lay Representation in Sheriff Court under some Summary and Ordinary Cause actions.

Summary Cause

In Scotland the Summary Cause action is heard in a Sheriff Court and used where claims have a monetary value of between £3000 and £5000.  A Summary Cause Action will also be used to seek recovery of possession of heritable property i.e. this is normally used for eviction and repossession cases for rent arrears by either Registered Social Landlords or Private Rented Sector Landlords.  DAGCAS can provide Tenants and Landlords with straightforward practical advice on all Housing issues.

Ordinary Cause

In Scotland the Ordinary Cause action can be heard in a Sheriff Court and is used where claims have a monetary value of over £5000.  DAGCAS normally assists individuals and may be able to provide Lay Representation under the Ordinary Cause Action for matters relating to repossession of a mortgaged property or an action for sequestration (bankruptcy)

In all cases we can advise individuals on Sheriff Court Fees, Court Processes and Fee Exemptions if applicable.

Dumfries & Galloway Citizens Advice Service provides local people with the support they need by building positive relationships with all our partner support agencies to ensure that the best strategies and outcomes are obtained which are focused on assisting our clients, resolving problems and preventing the same situation arising in the future.

For more information contact us now on 0300 303 4321 or use our online enquiry form.


 
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