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Letter before action for money a private person owes you (Scotland)

Scotland · in English · for creditors

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For a private individual in Scotland owed money by another individual — an unrepaid loan, a share of a bill, money paid for something never handed over. The letter sets out the debt, gives 14 days to pay or reply and invites a proposal to settle, and says you will otherwise raise a court action in the sheriff court; claims of £5,000 or less go to the simple procedure, which expects the parties to try to settle first. Send it by recorded delivery, and keep a copy for the claim form.

  • Last updated October 29, 2026
  • Document in English

Where a UK document reproduces the words of legislation or of a government publication — UK, Scottish or Northern Irish — it contains public sector information licensed under the Open Government Licence v3.0.

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When to use this document

  • You lent money to a friend in Scotland and they still have not paid it back.
  • A former flatmate owes you their share of the bills and has stopped answering.
  • You paid someone for an item they never handed over and want your money back.
  • You want to warn the person in writing before making a simple procedure claim.

What you fill in

The details the document asks for.

  • Sender
  • Sender's address
  • Town or city
  • Sender's postcode
  • Date
  • Debtor
  • Debtor's address
  • What the debt is for (e.g. a loan made on …)
  • Amount due
  • Repayment date
  • Bank account

Common questions

Do I have to write before suing someone in Scotland for money they owe me?
There is no pre-action protocol for this kind of claim in Scotland, but the simple procedure rules expect the parties to try to settle before coming to court, and the claim form asks what you have done to settle. A letter setting out the debt and giving a reasonable time to pay, such as 14 days, is that step, and your copy and the proof of delivery show the sheriff that you tried.
How do I claim money in Scotland if the person ignores my letter?
For £5,000 or less, make a simple procedure claim in the sheriff court, usually online through Civil Online on the Scottish Courts and Tribunals Service website; a court fee is payable. You are the claimant and the other person the respondent, who can dispute the claim, admit it or ask for time to pay. Above £5,000 the claim is an ordinary cause. A decree is enforced by sheriff officers after a charge for payment, and carries interest at 8% a year unless another rate applies.
How long can I wait before it is too late to claim a private debt in Scotland?
Most debts prescribe five years after they became due if in that time the debtor has made no payment, given no clear written acknowledgement and faced no court claim; the debt is then extinguished, not just unenforceable (Prescription and Limitation (Scotland) Act 1973, section 6). Write and claim well before then. A signed acknowledgement or a payment starts the five years again.

How you can sign this document

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