Civil Litigation

Frequently Asked Questions


I am in arrears on my mortgage. What can I do?

If you are in arrears on your mortgage and you have a reasonable offer to clear those arrears you can apply to the Court to stop your home being repossessed under the Mortgage Rights (Scotland) Act. Even where you are unable to make an offer to pay there are other remedies open to you such as application to the Mortgage to Rent Scheme or Voluntary Sale. You should seek advice as early as possible.


I am owed money. How can I recover it?

Debts are generally recovered through the Court process. There are simplified rules and claim forms for "small claims" or "summary causes". From January 2008 the simplified rules will apply to debts of up to £3,000 and £5,000 respectively. We can help you recover debts owed to you.


I have debt problems but want to keep my home – what I can do?

There are a number of options open to you but if you wish to keep your home it is generally best to deal with your mortgage lender or any other secured loans as a priority. If your debts are unmanageable you may wish to consider a bankruptcy option.


I have problems with my neighbour over the boundary to the our garden. Is there anything I can do about it?

Boundary disputes are notoriously complicated and can lead to expensive drawn out litigation. Make sure you know exactly where the boundaries ought to be and what your rights are as soon as it becomes apparent there are problems. Forearmed is forewarned.