DMBM675500 - Summary proceedings (Sc): Warrant to cite by means of a newspaper advertisement in a ceased partnership case
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In a ceased partnership case, one or more of the partners may have gone unknown butcitation of the absentee partner(s) must be effected.
Where you intend taking SP in such a case and the address of one or more of the partnersis not known and the sheriff has granted authority to cite in accordance with Rule 5.5 ofthe Summary Cause Rules 2002 you should
- follow DMBM675490 as far as possible but
- do not prepare the Court form 13 or the newspaper advertisement information but instead
- arrange for the following to be typed on plain paper.
For those partners whose address is known, issue the summons in the usual way.
- 鈥淎 summary cause action has been raised in the sheriff court at鈥..(insert name of court) by鈥︹.(insert the name of the debt manager (officer grade or above) taking the proceedings), Officer of Her Majesty鈥檚 Revenue and Customs, pursuer against鈥︹,(insert the name of the defender), defender whose last known address was,鈥︹.(insert the last known address of the defender) and 鈥︹︹︹(insert the name of the defender), defender whose last known address was,鈥︹︹(insert the last known address of the defender) former partners in the dissolved firm of 鈥︹︹︹. (insert name of firm) formerly trading at鈥︹︹︹(insert last known trading address).
- If the said鈥︹︹nd鈥︹.(insert names of defenders) wish to defend the action they should immediately contact the sheriff clerk鈥檚 office at the above court.
- Address of court鈥︹..(insert the court鈥檚 address)
- Telephone number鈥..(insert the court鈥檚 telephone number)
- Fax number鈥︹︹︹..(insert the court鈥檚 fax number)
- e-mail address鈥︹︹.(insert the court鈥檚 e-mail address)鈥
For those partners whose address is known, issue the summons in the usual way.