Claiming Debts from a Debtor in another EU Country

25th October 2011

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.

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