Receiving court papers can be one of the most stressful and daunting things that can happen to you, particularly if this is in relation to family and child law matters.
In Scotland, the way in which a party can raise a court action is by lodging a document called an Initial Writ at the relevant Sheriff Court. There is also the possibility of proceedings being raised in the Court of Session. This would be done by way of a Summons.
In either case, the papers require to be served on the defender (the other party) and the Defender will have to advise the court whether they intend to defend the action or not. The Defender has 21 days to advise the court of this and this is done by way of a document called a Notice of Intention to Defend. On that document, you must advise the court of the basis of your opposition and whether you are seeking any orders of your own.
We would always advise that you take legal advice if you have had court papers served upon you to determine and decide whether you wish to defend the action. There are various things to consider, for example whether you actually require to oppose the action, whether failure to do anything will have an impact upon you, whether you require to seek your own orders or whether there would be expenses sought against you if you did nothing or if you entered into the action.
It is always better to act quickly in terms of legal matters particularly where court proceedings are involved and we can arrange appointments at short notice to discuss your position and provide specialist legal advice in relation to these matters.
If this is a situation which affects you, then please contact our office firstname.lastname@example.org to make your appointment without delay to discuss with one of our Family and Child Law solicitors.