Claiming Debts from a Debtor in another EU Country

25th October 2011
Claiming Debts from a Debtor in another EU Country image

Claiming Debts from a Debtor in another EU Member

Often businesses are put off claiming debts against persons or companies from another EU State because they assume it will just be too much hassle and too complicated.

Since 2008 the European Order for Payment (EOP) Procedure has provided a quick, easy and relatively cheap way of recovering uncontested monetary debts in cross-border cases.

How do I get an EOP?

It is quite simple, and in order to start off the process you need to complete Form A.  The form is available on the European Commission’s website (http://ec.europa.eu/justice_home/judicalatlascivil/html/index_en.htm).

Within the form you need to give enough information to evidence your claim, e.g. details about outstanding invoices etc.

The Court will check to see that the form is properly completed, and if all is okay then you get an EOP and these are usually issued and served upon the debtor within 30 days.

What happens next?

The defendant may pay the amount due to you, do nothing or object to the EOP by completing a statement of opposition within 30 days.

If the debtor objects, then the case will normally be transferred to the national system of the Court issuing the proceedings.  At this point you are probably best to seek legal advice.

If the defendant does nothing, then the EOP is immediately enforceable.

How do you enforce an EOP?

An EOP is treated the same as a Judgment by a Court of the MemberState when you are trying to enforce the claim.  Rules about enforcement change from State to State. Information can be obtained from http://ec.europa.eu/civiljustice/index_en.htm.

If you need help in enforcing a cross-border debt then please contact Daven Naghen on 01775 722261, daven.naghen@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH or Gemma Mayer on 01775 722261, gemma.mayer@maplessolicitors.com or at 23 New Road, Spalding, Lincolnshire PE11 1DH.


Free Wills Month in October image

Free Wills Month in October

Maples are pleased to announce that they are taking part in Free Wills Month throughout October. If you are aged 55 or over you can make your Will for free and have the opportunity to help one or more of the sponsoring charities in the process. Appointments are limited in number and are allocated on a first come first served basis.

For further details please contact a member of our Wills and Probate Department:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office 01775 722261 and ask to speak with one of the team.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.