A Two Part Series – CCJ received – but my Customer is in Europe, now what?

On Friday, we explored the notion of what one would be able to do in terms of enforcing debt, whilst based in the UK.

This now looks at what one would do once they have obtained a CCJ (Judgment from the Courts for outstanding money owed to you by your non-responsive debtor), and what you would need to do to get your money back.

Judgment in the EU - now what?

Judgment in the EU – now what?

Generally, once you have obtained a CCJ in the UK, you would need to ascertain whether or not, it would be worthwhile to continue in seeking legal action as to where your debtor is based, especially if they are based in another part of Europe.

Assuming that you have now manifested the correct processes, and the original Claim has not been contested, the following types of Enforcement processes are available for you to take?

EEO – European Enforcment Order

Generically, this is the most common type of Order that is likely to recommended by your legal representative.  it gives the Powers, like that of a Bailiff to attend Debtor premises to levy goods in exchange for payment off the debt balance outstanding.

It may be worthwhile to factor in translation and ongoing professional legal fees and court costs too before considering undertaking an EEO.

EPO – European Payments Order

A simple cross border process, whereby if the debt is not disputed, then this is a transfer off funds from the debtor to the creditor.  This would only apply where there are enough funds in that account off the debtor, and is similar to that of a Third Party Debt Order.

European Small Claims Procedure

This is an Order which is registered in the event that a claim is bought between two parties in two different EU member based countries, who wish to take action against the party that had not paid them.  If this is the case, then as long as the value off the debt is below €2,000 then it is worthwhile making the claim.

If you require any further information, then please either contact the Writer of this article, and/or visit the following link:  http://europa.eu/eu-law/index_en.htm

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RonM
 

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