The current limit is Euros 5,000
Cross Border small claim
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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?
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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.
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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.Last edited by JCE; 23rd September 2019, 23:29:PM.
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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