# Act of Sederunt (Small Claim Rules) 1988, Paragraph 6: Service where address of defender is unknown


(1) Where the defender’s address is unknown to the pursuer, the sheriff may grant warrant to serve the summons—
(a) by the publication of an advertisement in form 7 in a newspaper circulating in the area of the defender’s last known address; or
(b) by displaying on the walls of court a copy of a notice in form 8,
and the period of notice, which shall be fixed by the sheriff, shall run from the date of publication of the advertisement or display on the walls of court, as the case may be.
(2) Where service is to be effected under paragraph (1) of this rule, the pursuer shall lodge a service copy of the summons with the sheriff clerk from whom it may be uplifted by the defender.
(3) Where the pursuer requires the sheriff clerk to effect service on his behalf under paragraph (1) of this rule by virtue of section 36A of the Sheriff Courts (Scotland) Act 1971 (pursuer not a partnership, body corporate or acting in a representative capacity)—
(a) the cost of any advertisement required under paragraph (1)(a) of this rule shall be borne by the pursuer and no such advertisement shall be instructed by the sheriff clerk until such cost has been paid to him by the pursuer; and
(b) the pursuer may require the sheriff clerk to supply him with a copy of the summons.
(4) Where service by advertisement is made under paragraph (1)(a) of this rule, a copy of the newspaper containing the advertisement shall be lodged with the sheriff clerk unless advertisement is instructed by the sheriff clerk under paragraph (3) of this rule.
(5) Where display on the walls of court is required under paragraph (1)(b) of this rule, the pursuer shall supply to the sheriff clerk for that purpose a copy of form 8 duly completed unless service is to be effected by the sheriff clerk under paragraph (3) of this rule.
(6) Where service has been made under this rule and thereafter the defender’s address becomes known, the sheriff may allow the summons to be amended and, if appropriate, grant warrant for re-service subject to such conditions as he thinks fit.

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Source: https://www.legislation.gov.uk/uksi/1988/1976/schedule/paragraph/6 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-1988/schedule/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.