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Court fees concerning European Payment Order procedure

Scotland

Content provided by Member state:
Scotland

Introduction

What fees are applicable?

How much shall I pay?

What happens if I do not pay the court fees on time?

How can I pay the court fees?

What shall I do after the payment?

Introduction

In Scotland court fees for European Payment Orders are regulated by the:

  • Sheriff Court Fees Order 1997, Statutory Instrument 1997/687 as amended, most recently by the
  • Sheriff Court Fees Amendment Order 2012, Scottish Statutory Instrument 2012/293, Schedule 3, Part II, para 6

Electronic payment of fees is not possible.

From 22 September 2015 the above Orders will be replaced the Sheriff Court Fees Order 2015, Scottish Statutory Instrument Number 2015/264. Schedule 1, Part II, number 6 applies to European Payment Orders.

What fees are applicable?

Lodging of a European Payment Order in Form A of the EU Regulation 1896/2006 at court requires payment of one fee which covers all court procedures.

Representation by a solicitor is not usually required and the court fee does not include any solicitors’ fees, or the cost of service of the papers on the defender.

There is no fee for lodging a statement of opposition in Form F.

How much shall I pay?

The fee for lodging of a European Payment Order at court is £90 sterling. From 22 September 2015 the fee will be £94 and from 1 April 2016 it will increase to £96.

In terms of paragraph 7 of the Sheriff Court Fees Order 1997, Statutory Instrument 1997/687 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.

From 22 September 2015 this will be in terms of paragraph 8 of the Sheriff Court Fees Order 2015, Scottish Statutory Instrument Number 2015/264.

What happens if I do not pay the court fees on time?

The court does not accept the application, and is not required to do anything without a fee being paid, in terms of paragraph 3A of the Sheriff Court Fees Order 1997, Statutory Instrument 1997/687 as amended.

From 22 September 2015 this will be in terms of paragraph 3 of the Sheriff Court Fees Order 2015, Scottish Statutory Instrument Number 2015/264.

How can I pay the court fees?

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

What shall I do after the payment?

The court accepts the lodging of the application papers in Form A of the EU Regulation 1896/2006 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, C, D or E as the next step in the process. No payment evidence is required.

Last update: 24/07/2015

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