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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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I am a UK citizen, can it sue an Italian who lives in Greece

Resolved Question:

I am a UK citizen, can it sue an Italian who lives in Greece who sold me a vehicle in the UK which turned out to be stolen and was confiscated leaving me £20,000 out of pocket.
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

You can sue the ItalXXXXX XXXXXving in Greece for the money however you must consider the following:
1. Does he have an address in the UK where you can serve him as his last known address? If not;
2. You will need permission of the court to serve him with court proceedings in Greece under Civil Procedure Rule Six http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b
3. If he does not have any money any way there is no point chasing this at this time - you would be throwing good money after bad as court proceedings are expensive and he actually has to have assets to enforce against. You would have 6 years to bring this claim and would be better off waiting until there is a chance he comes back to the country and accumulates some assets.

Can I assist any further?

Kind regards

AJ
Customer: replied 3 years ago.
The vehicle was sold to me in 2009 so I guess I only have one year. I believe he has acquired assets
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Yes that is correct, under a simple dispute under a contract (in this case the sale of a care and he is in breach of the implied term under S.12 of the Sale of Goods Act 1979) the time period for bringing a claim is 6 years.

You might as well bring the claim, because once you have a judgment you will have a further 6 years to enforce it.

I look forward to hearing from you.

Kind regards

AJ
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