Rule 7.3 Applications for time to pay directions or time orders in undefended causesF6

This rule applies to a cause in which

a time to pay direction may be applied for under the Debtors (Scotland) Act 1987 F2; or

a time order may be applied for under the Consumer Credit Act 1974

A defender in a cause which is otherwise undefended, who wishes to apply for a time to pay direction F3or time order, and where appropriate, to have an arrestment recalled or restricted, shall complete and lodge with the sheriff clerk the appropriate part of Form O3 before the expiry of the period of notice.

As soon as possible after the application of the defender is lodged, the sheriff clerk shall send a copy of it to the pursuer by first class ordinary post.

Where the pursuer does not object to the application of the defender made in accordance with paragraph (2), he shall minute for decree in accordance with rule 7.2; and the sheriff may grant decree or other order in terms of the application and minute.

Where the pursuer objects to the application of the defender made in accordance with paragraph (2) he shall on the same date—

The sheriff clerk shall then fix a hearing on the application of the defender and intimate the hearing to the pursuer and the defender.

The hearing must be fixed for a date within 28 days of the date on which the Form O3A and the minute for decree are lodged.

The sheriff may determine an application in which a hearing has been fixed under paragraph (4) whether or not any of the parties appear.