Form 44.2-A 
 
Form of notice to debtor under the Debtors (Scotland) Act 1987 about time to pay directions 
 
(Cause Reference number) 
 
IN THE COURT OF SESSION 
 
in the cause 
 
[A.B.] (designation and address) 
 
Pursuer 
 
against 
 
[C.D.] (designation and address) 
 
Defender 

To: (name of defender to whom notice is directed) 
 
YOUR RIGHTS UNDER THE DEBTORS (SCOTLAND) ACT 1987 
 
The purpose of this notice is to advise you of your rights under the Debtors (Scotland) Act 1987. 
 
The Act gives you a right to apply to the court for a “time to pay direction” directing that any sum of money you are ordered to pay to the pursuer (which may include interest and court expenses) shall be by instalments or deferred lump sum (that is by one total payment by a specified date). 
 
In addition, when making a time to pay direction the court may recall or restrict an arrestment made in connection with the action or debt (e.g. your bank account may have been arrested  freezing the money in it). 
 
If you admit that the sum claimed by the pursuer is due but you wish to apply for a time to pay direction you should read on.  If you do not admit the sum claimed by the pursuer is due, DO NOT complete the attached application but consult a solicitor IMMEDIATELY about defending the action. 
 
HOW TO APPLY FOR A TIME TO PAY DIRECTION WHEN CLAIM ADMITTED AND YOU DO NOT WANT TO DEFEND THE ACTION 
 
1. Attached to this notice is an application for a time to pay direction and for recall or restriction of an arrestment, if appropriate.  If you want to make an application you should complete and lodge the completed application with the court on or before the date given below.  No court fee is payable when lodging the application. 
 
2. Before completing the application please read carefully the notes attached to this notice.  In the event of difficulty you may contact the General Department in the Office of Court of the Court of Session, 2 Parliament Square, Edinburgh EH1 1RQ (Telephone 0131-225-2595). 
 
3. The date by which you must return the application form is (insert date).  
 
HOW TO COMPLETE THE APPLICATION FOR A TIME TO PAY DIRECTION 
 
PLEASE WRITE IN INK USING BLOCK CAPITALS 
 
PART A of the application will have been completed in advance by the pursuer and gives details of the pursuer and you as the defender. 
 
PART B.  If you wish to offer instalments enter the amount and tick the appropriate box at B3(1). 
 
If you wish to offer to pay the full sum due in one deferred payment enter the date at which you offer to pay at B3(2). 
 
PART C.  You should give full details of your financial position in the appropriate boxes. 
 
PART D.  If you wish the court, when making the time to pay direction, to recall or restrict an arrestment made in connection with the action then enter the appropriate details about what has been arrested and the place and date of the arrestment at D5, and attach the Schedule of Arrestment (i.e. the formal document which told you of the arrestment of your assets) or a copy of it.  You should then complete D6 by deleting the words which do not apply. 
 
Sign the application where indicated and send to the court.  Retain the copy summons and this notice as you may need them at a later stage.  You should ensure that your application arrives at the court before the date specified in paragraph 3 of the application for a time to pay direction. 
 
WHAT WILL HAPPEN NEXT 
 
If the pursuer does not accept your offer a hearing will be fixed and the pursuer will advise you in writing of the date and time. 
 
If the pursuer accepts your offer, then a copy of the court order for payment (called an extract decree) will be served on you by the pursuer advising when payment of instalments should commence or by what date payment is to be made and to whom payments should be sent. 
 
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.