Ask a Law Question, Get an Answer ASAP!
My name is ***** ***** hope I can help you.
How much does the tenant owe?
You will need to consider whether it is worth pursuing the debt.
You have potential issues. Whilst you can sue, the tenant is outside of the jurisdiction. How will you serve the papers on the tenant? You will have to get leave of the court to serve outside of the jurisdiction. If granted you will need to get a third party to issue.
The second issue, enforcement of the judgment. If the tenant does not pay there may well be no assets in the jurisdiction to enforce against.
It is possible to enforce an English judgement ‘out of the jurisdiction’ ie abroad, but it is not easy. There are specialist companies that can do this for you but the potential cost will need to considered in light of the actual debt.
I hope my reply is helpful. Do let me know if you have any queries in respect of my answer.
Please accept /rate my reply.
Thanks for your message. Dealing with your points:
1. It needs to be the usual or last know place of residence. You a tracing agent. If you know the place of employment the agent may be able to find an address.
2. I have looked further into this issue. There are very recent changes in respect of Eu law. The basic rule under the European regime is that if the defendant is domiciled in a European regime state, the courts of that state have jurisdiction to hear the claim. In this case Ireland. However, there are various ways under the European regime that the English courts might havejurisdiction even though the defendant is not domiciled in England. In the cases of a breach of contract, as in yours (breach of contract for non payment of Rent), you have the choice of suing a defendant here rather than Ireland as England is the place of performance of the contractual obligation in question. Therefore once you have the defendant's adress you can claim via the online service, money claim online.
3. You will have to search the Internet for a company.
4. The limitation of contractual claims is 6 years from the date of breach, I.e the date(s) on which rent was not paid, not the end of tenancy. This cannot be extended.
I hope this helps.
1. Go for current address in Ireland
3. I would assume it is a debt recovery agent in Ireland or a debt recovery agent in England that can undertake recovery outside UK.
Apologies I thought you meant a company who could enforce the debt on you had judgment.
You need a tracing agent / process server.