# Act of Sederunt (Small Claim Rules) 1988, Paragraph 41: Decree for alternative claim for payment


(1) Where decree for delivery or recovery of possession of moveable property or for implement of an obligation has been granted but the defender has failed to comply with that decree, the pursuer may lodge with the sheriff clerk an incidental application for decree in terms of the alternative crave for payment; and the incidental application shall be intimated to the defender.
(2) The pursuer shall appear at the hearing of an incidental application under paragraph (1) of this rule.

---
Source: https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/41 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.