DMBM680770 - Ordinary cause: Part payment made and claim not disputed

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Part payment by cash, debit card or certified cheque

If the defender pays part of the claim by cash, debit card or certified cheque (DMBM680090) but takes no further action and the cheque clearsprior to the expiry of the period of notice you should

  • process the payment appropriately
  • complete the appropriate costs record as necessary
  • note the appropriate computer records accordingly and
  • advise the defender that proceedings will be continued for payment of the balance plus expenses and as soon as possible after the expiry of the period of notice
  • minute the court to grant decree in absence for the reduced sum plus expenses.

Part payment by cheque – insufficient time for clearance before the expiry of theperiod of notice

Where the defender pays part of the claim by cheque but takes no further action andthere is insufficient time for clearance before the expiry of the period of notice youshould

  • bring the payment to account
  • complete the appropriate costs record as necessary
  • note the appropriate computer records
  • wait until the cheque has cleared and then advise the defender, preferably by telephone, that proceedings will be continued for payment of the balance plus expenses

and as soon as possible after the expiry of the period of notice

  • minute the court to grant decree in absence for the reduced sum plus expenses.