LITIGATION ABROAD

We will be happy to assist you in collecting your claims against defaulters established abroad. In the case of an uncontested claim against a defaulter established in a Member State of the European Union, the European Enforcement Order, the European Order for Payment Procedure or the European Small Claims Procedure offers an ideal solution. For a contested claim or a claim against a debtor established outside Europe, the exequatur procedure must be followed. Should you need to institute legal proceedings abroad, we will call in an attorney-at-law from our international Warwick Legal Network.

EUROPEAN ENFORCEMENT ORDER

Are you in possession of a Dutch judgement in which a defaulter established in another Member State of the European Union has been ordered to make payment to you on the basis of a civil law or trade dispute? And does that debtor have no assets in the Netherlands but instead in another Member State of the European Union? And is the claim not contested by the debtor? In that case, on request, the Dutch courts can classify their judgement as a European Enforcement Order. On that basis, the Dutch judgement can be enforced in another Member State.

EUROPEAN ORDER FOR PAYMENT

Have you not yet received a legal judgement for collection of your claim against your debtor? And is the claim arising from a civil law or trade dispute not contested by the debtor? Then you can request a European Order for Payment. By completing a standard form, the debtor is requested to pay your claim, or to offer a defence. If the debtor contests the claim, the process will be continued in the form of normal proceedings according to the national procedural law of that Member State. If no defence is offered, the court will issue the European Order for Payment. On that basis, without further leave from a foreign court being required, you can collect your claim in all Member States of the European Union. If your claims are for an amount of less than € 10,000, the European Small Claims Procedure provides the ideal solution. Broadly speaking, this procedure is comparable to the European Order for Payment. Here, too, on the basis of standard forms, execution of a judgement in another Member State of the European Union is made directly possible.

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