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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to issue a European Payment Order to collect a debt

Resolved Question:

I need to issue a European Payment Order to collect a debt from Germany.
We're a UK business and there is a contract, which is signed by the client and there's a chain of emails where they've stated they are going to pay.
They haven't paid but are not contesting that they owe the money.
Can anyone help with recovering the outstanding amount of £5,850.
It was a 12 month contract with monthly invoices. They paid the first 3 but stopped paying after that even though they continued using our services for a few months following.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

I assume you issued proceedings here? Did you get Judgment in default or was it an admitted debt please?

Customer:

Hi Alex, I haven't issued any proceedings as I'm not sure how to go about doing that.

Alex Watts :

Thanks.

Alex Watts :

I see, you need to issue proceedings here in the UK

Alex Watts :

You can't do this online but you need to complete form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Once the Court has issued a claim then the Defendant will either not respond or defend the claim

Alex Watts :

If the claim is not defended then you can get Jugdment in default.

Alex Watts :

If the matter is defended then it will be set down for a hearing in the UK

Alex Watts :

If the value is under £10,000 then its a small claim and you wont need representation

Alex Watts :

To get Judgment you also need to complete form N510 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n510-eng.pdf

Alex Watts :

It would be box 1 that you would tick

Alex Watts :

Then you would need to complete form N219a http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n219a-eng.pdf

Alex Watts :

This goes to the Court and you get a European Enforcement Order

Alex Watts :

Once you have this then you can apply to the Court in Germany to enforce the Judgement.

Alex Watts :

I can't tell you about German procedure as a UK lawyer, but as they are part of the EU then the procedure should be the same

Alex Watts :

Once you send the EEO then the German Court can transfer it to the German Court

Alex Watts :

You can then enforce it there by sending in bailiffs, bankruptcy, freeze property or bank accounts

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks Alex.

Customer:

So basically, I submit this http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf - then wait and complete the other forms depending on whether or not it gets contested

Alex Watts :

Yes.

Alex Watts :

Form N1

Alex Watts :

Then the claim gets submitted

Alex Watts :

If no response then N510

Alex Watts :

Get Judgment

Alex Watts :

Then complete N219a to get an EEO

Alex Watts :

Then you send that to Court in Germany

Alex Watts :

Its gets transferred as a German Judgment

Alex Watts :

You enforce it there.

Alex Watts :

Does that help?

Customer:

Great. I'm just looking at the N1 form - it's not clear what to enter into the 'In the' and 'Fee account no.' fields - do you know of a related guidance notes document

Alex Watts :

Just put your home Court ie, Birmingham County Court.

Alex Watts :

Fee would be based on £5850 - £455

Alex Watts :

This is added to the debt

Customer:

Makes sense. I'll complete the form and submit. When it comes to submitting the forms for judgement will you be able to help answer any questions I have?

Alex Watts :

Yes of course, put any future questions for Alex W and I can help or bookmark my profile:

Alex Watts :

Can I clarify anything else for you today?

Customer:

All good, thanks for your help

Alex Watts :

Thank you.

Alex Watts :

If I could invite you to rate my answer today please. The button should be at the bottom of the screen

Alex Watts :

If I can help further please click reply

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