# Act of Sederunt (Small Claim Rules) 2002, Paragraph 21.2: Decree for alternative claim for payment


(1) If the sheriff has granted decree for–
(a) delivery;
(b) recovery of possession of moveable property; or
(c) implement of an obligation,
and the defender fails to comply with that decree, the pursuer may lodge with the sheriff clerk an incidental application for decree in terms of the alternative claim for payment.
(2) If the pursuer lodges an incidental application in terms of paragraph (1), he must intimate it to the defender at or before the time it is lodged with the sheriff clerk.
(3) The pursuer must appear at the hearing of an incidental application under paragraph (1).

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Source: https://www.legislation.gov.uk/ssi/2002/133/schedule/1/paragraph/21.2 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-small-claim-rules-2002/schedule-1/paragraph-21.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.