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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55313
Experience:  Qualified Solicitor
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Can I take non UK resident to small claims court over £5000

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Hello, can I take non UK resident to small claims court over £5000 debt? I know he has assets in the UK.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long has the debt been outstanding?

Customer: replied 10 months ago.
over 1 year

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. It is certainly possible to pursue a claim against a UK non-resident through the Small Claims Court system. If you win, you will end up with a County Court judgment and this judgment can be used against any assets this person has in this country, even if they are not currently resident there. The problem would have been if they no longer had any assets here and you had to then transfer that judgment to a foreign jurisdiction to try and apply to it that country, which would have complicated matters. However, if they still have assets in the English jurisdiction, the judgment you may get from the Small Claims court can still be used against these.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 10 months ago.
thank you for your response, that is great. defendant failed to reply within given time by the court and is found guilty by the court in default. i have now requested the court to send bailiffs to seize the goods. in your opinion, do i need to inform the court that defendant is a non-UK resident but has assets in the UK? bailifs will be addending his UK address.

No, that is not mandatory, they would not need to know that

Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
thank you

you are welcome and all the best