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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm trying to complete a N510 where the defendant is

Customer Question

hello I'm trying to complete a N510 where the defendant is based in the USA and I don't know which box to tick - all help gratefully welcomed!
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.I assume you want to enter Judgment please?
Customer: replied 9 months ago.
hello - I don't understand what you mean by "I assume you want to enter judgement"
Expert:  Ash replied 9 months ago.
Why do you need to file form N510?
Customer: replied 9 months ago.
because defendant is out of jurisdiction - based in USA
Expert:  Ash replied 9 months ago.
Yes but what is it you are trying to do? Issue proceedings, enter Judgment against them?
Customer: replied 9 months ago.
issue proceedings via county court money claims centre
Expert:  Ash replied 9 months ago.
What is the brief nature of your claim?
Customer: replied 9 months ago.
the defendant agreed to pay the costs for a visa application I made on her behalf. she left our employment without repaying these fees & has not repaid these fees. she is based in the USA. I have completed all the forms necessary except the N510. I need to complete this but do not know which box to tick.
Expert:  Ash replied 9 months ago.
She was based in the USA when she agreed to repay?
Customer: replied 9 months ago.
she is an American - my company arranged and paid for her work visa into the UK. she was employed in the UK under English law
Customer: replied 9 months ago.
if you would like to phone me my number is *****
Expert:  Ash replied 9 months ago.
I have offered a telephone call as an additional service if you wish.
Expert:  Ash replied 9 months ago.
However you do realise that UK Judgments cant be enforced in the USA?
Customer: replied 9 months ago.
that is the whole purpose of the N510 "out of jurisdiction" form - you then get a court in the US to serve this
Customer: replied 9 months ago.
so which of the boxes on the N510 is the correct one?
Expert:  Ash replied 9 months ago.
None of them apply. You can't get Judgment for someone who lives in the USA. There is no agreement under The Administration of Justice Act 1920 & the Foreign Judgments (Reciprocal Enforcement) Act 1933, The Brussels Regulation, Lugano Convention or The Administration of Justice Act 1920.If you want Judgment against someone in the USA then you need to sue there. Even if you got a UK Judgment there is no way of enforcing it in the USA. The USA Courts simply wont recognise it.That is why there is no box for you to tick on N510.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
this is not what the county court money claims centre says - they say to fill out the N510
Expert:  Ash replied 9 months ago.
Sadly they are not legally trained or qualified. If it was Europe or a country within the Regulations you would be ok. But sadly it is not.Please see: http://www.pannone.com/sites/default/files/Enforcement%20of%20English%20Judgments%20Abroad%20and%20Foreign%20Judgments%20in%20England%20and%20Wales_E.pdfDoes that clarify?Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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