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Warrant of Citation (Scotland) - do I have to appear in person?

3 replies

SomeUnspokenThing · 07/10/2024 15:21

My brother and I have received a Warrant of Citation to appear at Sheriff court. It's related to an equity release my late father took on his house, and the purpose is for his house to be possessed by the firm to whom he owes the repayment. Neither my brother or I want to contest the possession as the house isn't worth much more than the repayment value. Do we have to appear in person in court? Or what are the consequences if not? It's in my brother's home town but I'm at least 5 hours travel time away and don't have spare annual leave for the trip. Thank for any advice.

OP posts:
Anothernamechane · 07/10/2024 15:25

Does it say he has to appear? Honestly I’d get legal advice on this

beetr00 · 07/10/2024 15:39

Contact whomever issued you the citation if you cannot appear @SomeUnspokenThing

www.mygov.scot/being-a-witness

It's important not to ignore a citation. If you do not turn up at the correct time and place, the court can issue a warrant for your arrest.

SomeUnspokenThing · 07/10/2024 16:19

Thank you, both, I appreciate you taking the time to answer. @beetr00 I googled and saw that and crapped myself! Though I'm not a witness in the traditional sense as it's a civil thing. But I agree, best to be safe than sorry. I can imagine the neighbourhood curtains twitching if I was arrested.

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