Cross Border small claim

[Tinkerbelle]

Good afternoon
Has anybody used the Cross border small claims procedure? Is it relatively easy? I'm a bit concerned about the language issue?

[Tinkerbelle]

Anyone?

[Tinkerbelle]

That'll be a 'no' then

[des8]

Well it seems no one has first hand knowledge of the language issue.
I understand you have to issue Form A in the language of the court with jurisdiction and this also applies to the description of the supporting documents. Care has to be taken to select the appropriate language in those Member States where there are several ‘official’ languages. Some Member States are also prepared to accept claims in a language other than an ‘official’ language .

What exactly is the problem you anticipate?

[Tinkerbelle]

Thank you for your response Des8, and am sorry for the delay in responding further.
I had looked on the Gov website, and although it was a little helpful, I still found myself wondering. For example, I understand that documents have to be lodged with the relevant state's Court, but I didn't find out how you find out the relevant Court and address, nor how to make payment in the relevant euros. The language issue is a big barrier and I'm struggling to believe there isn't a simple solution - not all of us speak a second language, and in order to understand official forms, etc. one would need to be fluent. These problems seem to dissuade people like me, from using a service that was put in place to make cross border claims easier. I'm a little flummoxed.

[des8]

perhaps if you can post a little about your case we can point you in the right direction.
in the meantime have you looked at the Form A .. Claim form

[Tinkerbelle]

Thanks again Des8. I found form a as an annexe, on the European Justice site, but that seems limited on when it can be used, ie, the codes for why money is owed is limited to business services.

In brief, I am owed approx £3,000 by a British individual who resides in France, it is a family member. I have proof that the money was requested, and proof that it was transferred to their account. It's that simple really. Requests for the money to be repaid are being ignored.

I believe they are of the opinion that there is nothing I can do about it. I don't believe they will argue that it isn't owed, but I might be wrong. However, I have noted that the form does allow for the claim to be transferred to a Court if necessary.

I haven't yet found where I can actually download a form in the relevant language, which I assume will be exactly the same as it is in English.

[des8]

If there has been an admission of debt you should use the procedure for the European Order for Payment (‘EOP’)
Are you sure it won't be defended as a gift?

as an individual proceeding against another individual for simple non consumer related debt I think you might be able to start the procedure in a uk county court.
On form A sec 4 .8 you could specify "domicile of Claimant" and start claim in UK
If that's wrong the court will reject the claim and return it to you

[Tinkerbelle]

Thanks again Des8. The person in question is resident in France, and has been for many years. There is no UK address for them, thus I believe I have to use the Cross border court system. If there was a way to use UK courts, I'd be OK.

Equally, I have to get my documebts/evidence translated too, don't I?

[des8]

You complete the form in English as you submit it to a UK court

If you Google "Your guide to the European Small Claims Court" the fourth one down will give you a (I think) brilliant guide to the procedure.

When filling in the form A sec 4 .8 you could specify "domicile of Claimant"

[Tinkerbelle]

Thanks Des8, I hope to find some time this weekend to sit at the PC and look again. I'll return here once I have.

[Tinkerbelle]

Have read the document suggested, it seems claims made in this manner are limited to €2,000. I am owed €3,000 plus £365, which I think is currently around €420, so well over the €2,000 limit. Back to the drawing board...

[Tinkerbelle]

Is this the same thing?

European e-Justice Portal - Small claims
https://e-justice.europa.eu/content_...laims-42-en.do

[des8]

Yes...the guide is out of date regarding claim limit!

[Tinkerbelle]

OK, a little confused though: has the limit been reduced to €2,000 or is that the out of date guide?