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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22402
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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Can anyone tell me how I can take legal action against a German

Customer Question

Can anyone tell me how I can take legal action against a German national for breach of contract if he has returned to Germany? I have his address and the signed contract but don't know how to go about it. Any help appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.


Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.

Because we are all in practice with clients and court and other
users, I might not always respond in
minutes
, particularly evenings and weekends. Please bear with me in that
case



It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.





Unless I have all the facts that I need, my answer
would not be accurate.




How much is in issue?
Customer: replied 3 years ago.
It is a tenancy contract with approx £650 rent plus some repairs and any unpaid utility bills required up until the end of the contract. He has returned to Germany and said he isn't going to pay. All in it will be under £1,000. I believe he is likely to pay if there is a credible threat of legal action but not sure how to make it credible.
Expert:  Stuart J replied 3 years ago.


All you can do is issue legal
proceedings in the County Court in the UK which you can do quite easily here www.moneyclaim.gov.uk

you need to get consent to
serve documents out of jurisdiction (in Germany).



The legal proceedings will
take place in the UK and he does not attend, there will be a judgement against
him.



You are then faced with
enforcing the judgement in Germany.



To be frank, as this is under
£1000, it is simply not an economic proposition. He will know that if he takes advice



I'm sorry, I appreciate that
this is not the answer you wanted but there is no point in me misleading you.
Purely from a practical point of view it is not worth pursuing. Sorry



 



Does that answer the
question? I am happy to answer specific points.



Can I help further?



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I am
offline shortly until later today and will pick this up then

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