In Scotland court fees for European Small Claims are regulated by the:
- Sheriff Court Fees Order 2018, Scottish Statutary Instrument Number 2018/481, as amended by;
- Sheriff Court Fees Amendment Order 2018, Scottish Statutory Instrument Number 2018/194.
Schedule 2, Part II, Numbers 16 and 38 apply to European Small Claims from 1 April 2019.
Schedule 3, Part II, Numbers 16 and 38 apply to European Small Claims from 1 April 2020.
Electronic payment of fees is not possible.
Lodging of a European Small Claim in Form A of the EU Regulation 861/2007 at court requires payment of one fee which covers all court procedures.
The cost of service of the papers by post is included but there may be an additional fee if service by sheriff officer on the defender is required.
There is no fee for lodging a response to the claim in Form C.
Representation by a solicitor is not usually required and the fee does not include any solicitors’ fees.
The current fee for lodging a European Small Claim at court for:
- sums of money of £300 or 250 Euros or less require payment of a fee of £19 sterling
- in all other European Small Claims a fee of £104 sterling.
The additional fee for service of papers on the defender by sheriff officer is an administrative fee of £13 plus the cost of the sheriff officer’s service.
In terms of article 8 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument Number 2018/481, as amended, a party may be entitled to fee exemption, for example if they are entitled to certain state benefits, or entitled to civil legal aid.
The court does not accept the application, and is not required to do anything without a fee being paid, in terms of paragraph 3 of the Sheriff Court Fees Order 2018, Scottish Statutory Instrument Number 2018/481, as amended.
Court fees can be paid by:
- Cheques - made payable to "The Scottish Courts and Tribunals Service"
- Debit Card & Credit Card - please check which types of card are acceptable with the appropriate court and if payment can be made by telephone.
- Postal Order - made payable to "The Scottish Courts and Tribunals Service"
- Cash - if paying by post it is not advisable to make cash payments
The court accepts the lodging of the application papers in Form A of the EU Regulation 861/2007 with the payment. The papers and payment should be brought or sent to the court at the same time. The court will then give or send out Form B, or Form 1 or serve Form A on the defender, as the next step in the process. No payment evidence is required.
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