legal advice - scottish case

[mrshappy123]

I have a bit of a problem

- there has been someone stalking me and harassing me.

 

They have now lodged a summons on me saying I owe them money. I don't.

 

The person does this all the time.

 

He pretends people owe him money when they cant get a reaction from anything else.

 

As a result he has been in court a lot but I havnt before and am a beginner at all this.

 

I know of a couple of times they have done this before but am sure its far more than what I know about from what I have heard

and I have quite a few other woman also saying they are experiencing stalking or have by the same person.

 

My question is this

 

(1) how can I search and find out all the times this person has raised legal actions against people and

 

(2) can I ask the judge to throw it out based on what I have said if I can prove it .

 

Bit worried as I cant afford a solicitor and scared of courts and don't know how it all works.

 

I wont get legal aid.

 

Many thanks

[steampowered]

Try contacting the Sheriffs Court local to him, which should hopefully be able to tell you about cases involving this person. In England you would be able to get a copy of the court documents as a matter of public record, hopefully you can do the same in Scotland and consider attaching these to your Defence.

 

I am not sure whether you can claim costs as an LIP in Scotland. If you can I would be keeping a record of all the time you spend dealing with this and trying to claim costs from him.

[seanamarts]

Have you reported him to the police?

[mrshappy123]

yes I have but what do I do about the civil action

[mrshappy123]

thanks will contact the sheriff court on Monday - I knpw of a few cases he has raised in the past - can I ask the court to throw it out on the basis the guy is crazy as opposed to putting ina genine claim

[steampowered]

In England you would file a defence and then apply for summary judgment or a strike-out. I cannot see an equivalent procedure in the Scottish Small Claim Rules, although I don't know much about Scottish procedure - perhaps ask the clerk at the court in which the claim was filed whether you can apply for a summary decree.

 

In any event I think you should file your defence first.

[IdaInFife]

I am assuming its a small claims you have received?

 

Can you type if what they are claiming for?

 

When is the return date and the the hearing date?

[mrshappy123]

it was a small y claims and now the judge has continue it for legal advice as it may be a summary action because of the counterclaim - the case has been continued for a couple to give all parties a chance to get legal advice -

[IdaInFife]

counterclaim????

 

what is the counterclaim for?

 

How you can counterclaim when you say there was no money exchanged?

 

If you need help you will need to expand

[mrshappy123]

Hi Guys, sorry I not been back on - been busy trying to deal with all this. Idafife thanks for the question as its a very good one and a bit of a long story. I am slightly further forward. In a nutshell the guy is a mentalist and he has been stalking me for a while and now lodged a small claims summons on me to "get my attention". While stalking me he has done some damage etc which is what is in the counterclaim. I really don't want a counterclaim I want left alone and I told the Sheriff that but he says he will hear at full proof and has continued the action to allow me to get legal advice. Sadly I have checked and I cant get a solicitor for financial reasons. I am a bit further down the line now and yes the police are speaking to him frequently but he is very clever in the way he does things to me. I have quite a lengthy stalking diary now though and he has raised an almost identical small claims summons on my friend now. I have been reading on vexatious litigations and wondered how I could ask the sheriff how to strike it out - like is there a form to complete or something to ask the sheriff to look at it. I went to see solicitors and they said I needed an anti harassment order and the police say I need an interdict and it is important to get a power of arrest on it but they said it would be thousands of pounds and I don't have that. I just need to deal with what he is doing till he finally gets the jail or something cos he keeps doing this to women - meantime how do I raise a vexatious thingy in court. Can I ask the Sheriff to hear the cases together as he has now started lodging them on friends and he says he has another two he will be lodging as well (if I could do smiley faces I would do a witty sighing one here lol) x

[AndyOrch]

[mrshappy123]

 

haha - at least I cant come away from the forum now saying I haven't been helped - just learning how to use a form and cant see a like button but at least now I know there is the potential to do special smiley faces - thank you for making me smile when I was getting all fed up with my legal situation xxx

[AndyOrch]

In your quick reply box mrs happy you will see the smiley icon (next to fonts sizes colours.)

 

Im not too au fait with Scottish law so Ida should be along later...but under English law you could submit an application N244 and request a strike out.

 

Regards

 

Andy

[mrshappy123]

wow - advice on how to work a forum and legal advice - I sure have came to the right place - I will try and impress you with a smiley face in this reply - if Ida knew of the Scottish equivalent of that form I sure would be Mrs Happy cos I think I probably have enough now to make the judge think "holy cow" if I get a opportunity to present it to him - otherwise will need to prepare for a full proof just in case and its such a long story that makes me lose the will to live so be lots of work involved in it - I have a hearing in a few days to see what I want to do as the claim will be ordinary cause if I don't cap the amount to 3 to keep it small claims (guy done a lot of damage to things while stalking) as they told me that when they explained how dear legal repreresentation was. I hope Ida doesn't think im rude not coming back on for so long when she was going to try and help me because I am not to computer and she had said she would need more details to help so sorry Ida when you come along Whoo I am trying to put a smiley in here that probably doesn't fit with the text very well but it was a moving one and I found that quite cool - not sure if it will work or not as my first go x

[AndyOrch]

The Sheriff will decide how the case will proceed, whether a hearing of evidence should be fixed or some other disposal of the case would be more appropriate e.g. a debate (called in England an application to “Strike Out”) on a legal point.

 

 

[mrshappy123]

anyone know what it called in Scotland so I know what to ask the Sheriff for

[AndyOrch]

Post 15 ......a Debate.

 

Regards

 

Andy

[mrshappy123]

Dear Andy, you are a legend - I didn't have a clue what I was doing and couldn't afford legal advice and wont get legal aid and you helped me out cos now I at least know what I am asking for, Love Mrs Happy (well I a bit happier now anyways) just got a couple of legal points on the counterclaim. Mr Stalkerboy got charged again by the police for being an eejit but not sure if that is relevant for court x

[IdaInFife]

if you are reffering to a strike out?? you would need to complete an Incidental Application

[mrshappy123]

ok that's awesome - I don't know what the right words for things are but I think I mean a strike out - is there a form for lodging an incidential application and can this be done at small claims x

[IdaInFife]

check scotscourt website

[citizenB]

This thread is now in "General Legal Issues"

 

It is purely an administrative move.