Chapter DMBM681020
| Published date | 29 April 2016 |
| Record Number | DMBM681020 |
| Court | HM Revenue & Customs |
| Issuer | HM Revenue & Customs |
Where a defender lodges a notice of intention to defend (NID) but does not follow this up by lodging defences you must enrol a motion for decree by default.
That being the case two days after the last date for lodging defences you must telephone the court to ascertain if any defence has been received. Where the court advise that no defences have been received you must proceed on the basis that the defender has failed to follow up the NID and intimate and lodge a motion for decree by default.
Requesting the sheriff officer to intimate and effect serviceTo do this you will need to prepare two copies of the motion (form G6). One copy will be used for service; the other will be used for lodging in court.
You should then send these forms to the sheriff officer with a request that he
- arranges for the form G7 (intimation of the motion) to be completed. The sheriff officer will enter the last date for lodging a notice of opposition on this form. This will be seven days after the date of service of the motion.
Once this has been done, the sheriff officer should
- arrange for service of these forms and then immediately after service he should send the forms G6 and G8 to court. (To enable him to do this you will need to include a form E200 for the court fee with your request.)
The sheriff officer should also be instructed to telephone you immediately he has sent the forms to the court to confirm that service has been effective and that he has forwarded the forms to the appropriate sheriff court.
Action by the debt managerOnce the sheriff officer has notified you that service has been effective and the forms have been sent to the appropriate sheriff court you must telephone the court to confirm that the motion has been lodged.
Note: The motion must be lodged in court within five days of the intimation of the motion.
Motion unopposedIf the motion is unopposed decree by default will normally be granted and an extract decree will be issued.
Motion opposedIf the motion is opposed the sheriff will assign a date, time and place for a hearing and will intimate the details of this to all parties. You must attend this hearing.
Action to take where motion to enrol for decree by default not taken or where it hasbeen taken and there is insufficient time to lodge/intimate it before the options hearingThere may be some instances where a motion to enrol for decree has not been taken. Or it may be that it has been taken but there is insufficient time to make...
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