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Jamie-Law
Jamie-Law, Solicitor
Category: Family Law
Satisfied Customers: 4665
Experience:  Solicitor
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I lent my neice £1000 to help her while she was working in

Customer Question

I lent my neice £1000 to help her while she was working in Spain two years ago. I have not heard from her since. But have the text messages to prove she was going to pay me back. She is still leaving in Spain. How can I sue someone who doesn't leave in the country?
Submitted: 11 months ago.
Category: Family Law
Expert:  Jamie-Law replied 11 months ago.

Hello my name is ***** ***** I will help you.

Is she still in Spain or the eu?

Customer: replied 11 months ago.
she is
Expert:  Jamie-Law replied 11 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

However given she is abroad in Spain I don't think it's possible to issue a claim online, so you may have to submit a paper copy.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

If you get judgment then you can get a European enforcement order which you can enforce in Spain as if it were a domestic judgment.
Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Thanks, ***** ***** no idea of her address in Spain. Can I send it to her mum to pass on. And how do I go about obtaining and filling out a paper copy?
Expert:  Jamie-Law replied 11 months ago.

You can download a paper copy if you love ok above at the URL I gave you. You can send it to her mum yes.

https://formfinder.hmctsformfinder.justice.gov.uk/n1-eng.pdf

Does that clairfy?