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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

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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.

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
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

Customer: replied 4 years ago.
The vehicle was sold to me in 2009 so I guess I only have one year. I believe he has acquired assets

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

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