Pursuing overdue invoice from EU customer

penners324

Use a debt collectors specialising in overseas debt

lincroft1710

PilotJames said:

lincroft1710 said:

PilotJames said:

DullGreyGuy said:

PilotJames said:

DullGreyGuy said:

PilotJames said:

Hello

I have a customer based in the EU (with parent company in the US) who has not paid their invoice which is now 8 month overdue.

Reminders are now being ignored or told to contact the parent company in the US who are also ignoring any correspondence.

The sum outstanding is relatively modest at £1500. The question is whether there is any viable way to pursue (or at least start) some kind of legal proceedings to recover some of the amount. Or is any legal action likely to immediately wipe out the amount owed?

Which legal jurisdiction covers the contract?

England & Wales.

Then you would need to issue in the England or Wales, as the defendant is overseas you'd need to do so using the paper forms rather than the online tools. You may need to have translations done but in general if it's clear English courts have jurisdiction then the judgement is enforceable in the EU. As has already been pointed out though, getting the judgement is only the first step, if they have no assets in the UK to go after then you are looking at recovering overseas which is both more expensive and time-consuming with no guarantee of success. 

If an asset were to appear in the UK, could it be seized?

Are you expecting an asset to appear in the UK?


Court appointed bailiffs do have the power to seize assets where a judgement has not been paid, but there are limitations and conditions. 

From time to time an asset may well appear in the UK. They don't need to seize it but a court order could potentially stop it leaving the UK until the judgement has been paid?

So you want to go to court twice, once to get a judgement and again to get an order to stop something leaving the UK, which by the time you get to court, may be too late

PilotJames

penners324 said:

Use a debt collectors specialising in overseas debt

Is this more effective than putting in a claim?

Hoenir

PilotJames said:

penners324 said:

Use a debt collectors specialising in overseas debt

Is this more effective than putting in a claim?

Be more cost effective in the long run.