DMBM675770 - Summary proceedings (Sc): Insufficient time for cheque clearance before the calling date

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Attendance at court on calling date

Where you receive payment by cheque (whether or not the payment includes costs) and there is insufficient time for clearance before the calling date you will not have to attend court on the calling date. Instead however you must minute the court for permission to continue the case for clearance of the cheque and you must telephone the court on the morning after the original calling day to confirm the continuation date.

Payment includes costs

If the defender pays the claim in full including the costs by cheque but there is insufficient time for clearance before the calling date you should

  • bring the payment to account
  • complete the costs record as necessary
  • note the appropriate computer records
  • minute the Register of Summary Causes “move for continuation for clearance of cheque …………..Pursuer (insert signature of debt manager (officer grade or above) taking the proceedings)(date to be inserted)”

Payment excludes costs

Where the defender pays the claim in full excluding the costs by cheque but there is insufficient time for clearance before the calling date you should

  • bring the payment to account
  • note the appropriate computer records
  • minute the Register of Summary Causes “move for continuation for clearance of cheque………..Pursuer (insert signature of debt manager (officer grade or above) taking the proceedings) (date to be inserted)”
  • make one application for payment of the costs and if they are not paid
  • (This content has been withheld because of exemptions in the Freedom of Information Act 2000)
  • complete the costs record as necessary and
  • note the appropriate computer records.

Court action

On receipt of your notification, the court will normally continue the action for 28 days. This means a new calling date will be set.

Debt management office action

You must however telephone the sheriff clerk’s office on the morning after the original calling date to confirm the continuation date.

Cheque clears before continuation date

Where the cheque clears before the continuation date you must notify the court, in writing, that the claim has been paid and that the case is withdrawn. (The court will note its records and you will not be required to attend court on the continuation date.)

Cheque returned unpaid

Where the cheque is returned “unpaid” before the continuation date you must

  • attend court on the continuation date and
  • ask the sheriff to grant decree (DMBM676190).