Cross Border small claim

[des8]

The current limit is Euros 5,000

[Tinkerbelle]

Back again. I've been able to look through some of the info available, not all of it as there's a lot to read. But this is what I think so far, please correct me if I'm wrong.

I can apply for a European mone order, or enter proceedings through the UK Courts as long as I use the correct form, which makes it clear it's a cross border claim. I believe the forms can be sent to my nearest County Court. I can claim that is the correct jurisdiction as the claimant (me) is a UK citizen. Any Order made is enforceable in member states, although I'm guessing at that point, any Order would need to be translated, should I need to go down that route. I'm also guessing that if I need to instruct bailiffs, at that point, I'd be dealing with a French Court.

How am I doing so far?

[des8]

OK so far!
Once you have obtained a judgment in your favour, that judgment will be recognised in every EU country. It can only be refused in highly exceptional cases.
However, to enforce it in any EU country, you must ask the court in the country where you seek enforcement to issue a declaration of enforceability.
This will require the judgement being translated.
Once you have this declaration, you must then use the enforcement mechanisms of the EU country where you seek enforcement.

[Tinkerbelle]

OK, now the million dollar question. How will Brexit, when/if it happens, affect this. Or us that an unknown quantity?

[des8]

Ask Nigel Farage

[Tinkerbelle]

Now there's an idea!

Thanks for your all your help, I feel more confident in pursuing the matter now.

[2222]

Out of interest, getting judgment is one thing. Enforcement is quite another. How does that work? Will FRENCH bailiffs be needed?

[des8]

There you go: https://iclg.com/practice-areas/enfo...lations/france

[2222]

There you go: https://iclg.com/practice-areas/enfo...lations/france

I suggest reading para 2.6. I wonder who pays for all that?

[des8]

guess

[JCE]

Tinkerbell has not confirmed that there is the risk the money owed may be considered as a 'gift' hence the EPO should suffice rather than small claims procedure as it is concerning a money payment only:

https://e-justice.europa.eu/content_...dures-41-en.do

https://e-justice.europa.eu/content_...en.do?clang=en

Followed by:

https://e-justice.europa.eu/content_...order-54-en.do

The enforceable judgement has to be obtained according to the European Enforcement Order in the Member State of origin.

[des8]

That page describes the England & Wales domestic civil court arrangements for obtaining a default judgement, and enforcing it.
It does not cover cross border small claim procedure, nor enforcement procedure when judgement won

[JCE]

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[Tinkerbelle]

I have a written request from the debtor asking me to lend money, although I ended up transferring less than requested, as it was all I could manage. Would that be sufficient to prove it wasn't a 'gift'?

[des8]

Probably/possibly..... presumably there was some sort of correspondence besides the request.
In the end it will come down to what the judge thinks if he disputes your claim