Form 44.3 
 
Form of notice of application for decree and objection to application for time to pay direction made by defender 
 
(Cause Reference number) 
 
IN THE COURT OF SESSION 
 
SUMMONS 
 
[A.B.] (designation and address) 
 
Pursuer 
 
against 
 
[C.D.] (designation and address) 
 
Defender 

To: (name of defender to whom notice is directed) 

THIS NOTICE tells you that the pursuer- 
 
 (a) intends to apply for decree against you; and 
 (b) objects to all or part of your application for a time to pay direction. 
 
I,       , the solicitor for the pursuer give you notice:- 
 
 (1) That on (date of proposed enrolment of motion) I shall enrol the following motion in the above action against you and that this will come before the court on (date and time):- 
 
(insert terms of motion) 
 
 (2) That the pursuer objects to the application which you have made for- 
  a time to pay direction,* 
  recall or restriction of an arrestment made against you,* 
 
and will ask the court not to grant your application for the following reasons- 
 
(set out reasons in numbered paragraphs) 
 
You have the right to attend the hearing on (date motion will come before the court) and make any further points in answer to the pursuer’s objections. 
 
If you do not wish to attend court, you may reply to the pursuer’s objections to your application in a letter addressed to the Deputy Principal Clerk of Session, 2 Parliament Square, Edinburgh EH1 1RQ.  This letter must reach him by (insert date before the day on which the motion will come before the court).  The court will consider this letter at the hearing of the pursuer’s motions and objection. 
 
If you do not attend court and you wish to know the outcome of the hearing before you receive formal notice of the decree you should contact the General Department of the Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ (Telephone:  0131-225-2595). 
 
IF YOU ARE UNCERTAIN ABOUT THE EFFECT OF THIS NOTICE, you should consult a solicitor, Citizens Advice Bureau or other local advice agency or adviser immediately. 
 
 (Signed) 
 
 Solicitor for pursuer 
 
Date:   19 
 
*Delete whichever is not applicable.