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Can a french citizen and resident obtain a county court judgement against me?
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Re: County court
Th answer depends on the circumstances of the case but it is possible for a person in an EU member state who has obtained a judgment to enforce that judgment against you in the UK. You are going to have to provide more details on your issue thoughIf you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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Re: County court
Yes. Are they bringing a claim in England or in France ? ( which legal system are they using ? )
As R0b says ( sorry crossed posts ) really need much more info to be able to help at all.#staysafestayhome
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Re: County court
They might be able to use the European Small Claims Procedure to start a court claim against you (https://e-justice.europa.eu/content_...laims-42-en.do) which is a bit like the UK small claims process from what I can make out ... I'll tag [MENTION=87380]Diana M[/MENTION] for you to see if she knows any more xx
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I crossed with both R0b and Amethyst :lol: xxDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
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Can a French resident and citizen take out a UK county court judgement against me
Is it possible for a French resident and citizen, who has never lived or worked in the UK take out a UK County Court judgement against meComment
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Re: County court
What would the claim be for?Originally posted by PhilN View Post
Have you already received a claim in the U.K.?
DiComment
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Re: County court
They have already obtained a UK County Court judgement against me, of which I was not aware, using a friends UK addressComment
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Re: County court
The money was for an apparent loan which I thought was a giftComment
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Re: County court
Ahh is this a family / friend issue ? Can you detail a bit more ( sorry, it's very hard to help without knowing the situation) eg. was this a gift, but you've fallen out, and they are now saying it was a loan ? Any documents ? Approx how much is it ?
When you say using a friends address - do you mean they used it to bring the claim, or they sued you at your friends address ?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: Can a French resident and citizen take out a UK county court judgement against me
It was a friend and they are now claiming it was a loan. The amount was just over £8000 and they used a friend in the UK to file the claim. The claimant is French and a French resident.Comment
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Re: Can a French resident and citizen take out a UK county court judgement against me
Okay, well regardless of the jurisdiction you will need to file an application to have that judgment set aside as currently the judgment is against you and you haven't had opportunity to defend. Do you know whyy you didn't receive the original court claim forms?
Your french friend could have just used his own address as France is in the EU, he could just bring the claim against you in the UK courts ( as claims should be brough in the country of residence of the defendant) - he might have just put his friends address for service of documents?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: Can a French resident and citizen take out a UK county court judgement against me
Apparently according to the dates on the paperwork I had moved address and no paperwork was ever forwarded to me.
So you are saying that as a French Citizen she has the right to attempt to claim against me in a UK court not in a French court?Comment
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Re: Can a French resident and citizen take out a UK county court judgement against me
Yes as far as I am aware from what you have said so far. See https://formfinder.hmctsformfinder.j.../ex725-eng.pdf ( under £2k could have used the European small claims court but over £2k should use the defendants jurisdiction) I'm sure a couple of the others will confirm or deny if that's the case.
Did your friend know you had moved address?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Re: County court
What were the circumstances surrounding this loan/gift? What was the money for?Originally posted by PhilN View Post
If it was a loan (not a gift) the Claimant would have to prove it was a loan in legal terms (a contract).
They would need to have made you an offer, which you accepted, and then money would have changed hands (that's a primitive description of contract law
)
Sometimes a text message exchange can be enough to prove this so what can you say about the deal.
Where do you live now (France or UK) and where did you and the Claimant live when the deal was/wasn't struck?
I usually post this link when asked a similar question http://www.thisismoney.co.uk/money/e...-000-loan.html
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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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