Paragraph 39 Time to pay directions
In a small claim where a service copy summons has been served under rule 36(2) or 37(2) above, the defender may, if he does not intend to defend, apply for a time to pay direction, where it is competent to do so, by—
appearing at the preliminary hearing and making a motion for a time to pay direction; or
completing and returning to the sheriff clerk, at least 7 days before the date specified in the service copy summons for the preliminary hearing, the appropriate portion of form 16 or 19, as the case may be.
In a small claim where a service copy summons has been served under rule 36(2) or 37(2) above which proceeds as defended, the defender may, where it is competent to do so, apply for a time to pay direction by written or oral application to the court at any time before final decree is granted.
Where a defender applies for a time to pay direction under this rule, he may at the same time apply for an order recalling or restricting an arrestment on the dependence of the action or in security of the sum concerned by completing and delivering to the sheriff clerk the appropriate part of form 16 or 19, as the case may be.