Act of Sederunt (Small Claim Rules) 2002

Service where address of defender is unknown

6.6.—(1) If the defender’s address is unknown to the pursuer and cannot reasonably be ascertained by him, the sheriff may grant warrant to serve the summons–

(a) by the publication of an advertisement in Form 8 in a newspaper circulating in the area of the defender’s last known address; or

(b) by displaying on the walls of court a copy of a notice in Form 9.

(2) Where a summons is served in accordance with paragraph (1), the period of notice, which must be fixed by the sheriff, shall run from the date of publication of the advertisement or display on the walls of court, as the case may be.

(3) If service is to be effected under paragraph (1), the pursuer must lodge a defender’s copy summons with the sheriff clerk.

(4) The defender may uplift from the sheriff clerk the copy summons lodged in accordance with paragraph (3).

(5) If the pursuer requires the sheriff clerk to effect service on his behalf under paragraph (1) by virtue of section 36A of the 1971 Act (pursuer not a partnership, body corporate or acting in a representative capacity)–

(a) the cost of any advertisement required under sub-paragraph (a) of that paragraph must be borne by the pursuer;

(b) no advertisement required under sub-paragraph (a) of that paragraph shall be instructed by the sheriff clerk until such cost has been paid to him by the pursuer; and

(c) the pursuer may require the sheriff clerk to supply him with a copy of the summons.

(6) A copy of the newspaper containing the advertisement referred to in paragraph (1)(a) must be lodged with the sheriff clerk unless the sheriff clerk instructed such advertisement.

(7) If display on the walls of court is required under paragraph (1)(b), the pursuer must supply to the sheriff clerk for that purpose a completed copy of Form 9.

(8) If service has been made under this rule and thereafter the defender’s address becomes known, the sheriff may allow the summons to be amended and, if appropriate, grant warrant for re-service subject to such conditions as he thinks fit.