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Claiming Debts from a Debtor in another EU Country

25th October 2011
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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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LPA and Court of Protection Talk

We are delighted to be attending Glenholme Halmer Court to give a talk on Lasting Powers of Attorney and Court of Protection matters.  The talk will begin at 2.30pm on Friday 24th May. For more information, please contact the home direct on 01775 662222 or halmercourt@glenholme.org.uk

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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 GCILEx

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.

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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.