The evening times., 1899-07-01
Debt COLLECTING ABROAD
Am erican Consuls Describe the
Methods Pursued.
Court Proceedings in the Neither
fands and Costs of Securing Money
DUe-The Legal Formaiities-Nny
OF Dealing With the Delinquent in
Greece-He often Goes to Prison.

says there are two methods employed,
namely, before the "kantongsrecht" court
of justice of the peace for a district COM
prising several municipalities) when the
amount TO be collected is less than 200
guilders (SSOl, and before the .'arrondisse-
ment rechtsbank" superior court of
large distTicU for amounts above 200
guilders.
Frequently. when bad debt has to be
collected, il is advantageous to demand
of the justice Of the kantongerecht that
the debtor be declared insolvent. When
debtor is desirous of avoiding insolvency
and is in position to prevent il by apply
ing his own means or by raising means
from others, he will generally do so in
order TO preserve his good name and
standing. Ii may also be necessary
10 demand the insolvency of the debtor
in order 10 prevent some creditors
being more benefited than others, and so
secure just and even liquidation of the
financial obligations of the debtor The
legal manner of collecting bad debts is,
therefore. by suit in the kantongerecht or
reimbursement rechtsbank, but frequent
ly the purpose is reached sooner by the in
termediation of trustworthy representa-
tives. Paragraphs 81 TO 10 of the wet
book van buTgelijke regtsyoTdering (civil
codeD deal with suits brought before the
kantongerecht; paragraphs 126 TO 321 of
the same code with suits brought before
the reimbursement rechtsbank. Informa-
tion on the subject u.s. however. found
through the whole code; paragraphs 430
TO GIL, for instance, relate TO the several
manners OF executing judgments.
To give a correct estimate of the ex-
penses entailed in suing debtors is impos-
slble, as in every cause the expenses vary
on account OF attending circumstances.
For suits brought before the arrondisse-
ment reChtsbank for amounts of 2GO guild
ers or more, figures cannot be given Ex-
penses for suits brought before the kanton-
gerecht for amounts less than 200 guilders
are usually not very heavy, being generally
from $l2 TO $50, including the execution.
If. however, the defence is long, the eX-
penses will be increased. The length of the
! suit depends principally upon the delays
which are granted 10 the parties in order
TO draw conclusions or 10 make explana-
tions- As the delays can be granted only
by the judge, the impression made on him
by the defence is OF great Importance.
Usually, lawsuits before the kantongerecht
l. ake bur few weeks, or d couple of months
al the most. but there are cGptioas. The
1 expenses 10 be incurred ale:
Summous-Every case commences with a
SUMMONS the cost of which varies be-
tween $50 and 10 guilders tS1.50 to So
When a deurwaarder a bailif who serves
| papers and acts as 2 constable in civil
! cases. is d0miciled in the place where the
defendant resides, the cost of summons
generally does not exceed guilders, or
| Sl.5e; but If the summons has to be serv-
/ ed by a dcurwaarder OF a neighborins
J place, The cost is higher. according to dis
/ tance.
Judgment-The cost of a judgment does
! MOI generally exceed > guilders. or 81
that is. if the defendant DOES not defend
/ himself: but if the defendant prolongs the
suit by interlooutory proceedings, the ex-
I animation Cf many witnesses. etc, eX-
! penses arise which depend upon the course
that affairs take
Registration.-After the judgment, a
registration tax OF > per cent over the
sum entailed must be paid. Before the
judgment can take effect, il is necessary 10
serve a sealed and certified copy of The
judgment on the defendant This copy,
called CROSSE" or expedite" costs, for
Judgments in cases where the defendant
has nOt appeared not more than 430 gull
deTs l$l.I2}. The cost of serving this pa
per when the defendant resides at place
! whore a deurwaarder is domiciled is sell
dom more than ; guilders. or $40; bat
/ whan the aid Of deurwaarder of neigh
/ DDLlaS place must De called IN. the costs
| are higher. according TO distance.
Arrest-The cost Of seizure CT the per-
sonaI estate of the debtor Is from - 10
% gUilde-s t$5 to $Sl. sometimes more
all depending upon whether a GeurwaardeT
Is dcmicilsd II the place. The auction
sale Of The personal property takes place
| under the supervision Of court solicitors.
After seizure Of personal property, the
auction sale 10 take place is communicate
TO the public By bills posted in the streets
and By advertisement in 4 local newspaper;
and # there be no local newspaper, then in
| the paper of q neighboring town. The
cost c! bill posting is generally not more
| than 10 EuilGeIs tSt) while the cost of the
advertisement varies with the different
/ newspapers. 4 custodian is appointed i'm
| neCiately after the seizure OF the prop
erty fpeTsCaaD; sometimes the defendant
himself is appointed. but in many cases
| this is rot advisable. The custodian re-
| ceives, in accordance with the customs of
the place. from ! 10 1.50 guilders (40 10 SO
| conrsl Per day. The expenses of the ju-
diciaI auction sale are from 10 to % gull
ders SO TO SIGl.
In suits brought before the ar.ond sse-
| usent rechtshank. the manner of suing is
more complicated; the conclusions are
writtea, and postponements are frequent
| ly given. The expenses of proceeding de-
pend entirely upon the course the suit
| takes and upon the defence. Ncn-appear-
ance OF the defendant makes the suit very
| short.
The collection OF debts in Greece is de-
sclibed as follows by Consul d. E. Nc
| Ginley, at Athens:
There is a statute of Limitation. The
period varies, in accordance with the
classes of debts. from three to thirty
years. The first step in the recovery of a
debt is TO commence an action against the
| debtor in the civil courts. A defendant s
goods may be seized under execution,
| either by virtue of a judgment of the
court or by an execution issued b. a
notary public and containing the 70 mali
ties of an executery decision. Actions FOR
debts are not tried by juries.
| Lawyers charges are based on the
value of tie services rendered. Bills of
cost are taxed by the judges only when
| the clients think the attorneys charges
are too high debtor can be made 10
pay the costs of collecting Cebt.
| Debts are recoverable before the 'oo-Tt
cf peace. the court of first instance or
the latter court acting as a commercial
| court according to the nature OF the debt
and TIE sum involved.
"A joint stock company can sue in the
name OF the COMPANY Legal tocun ents
sent from the United States as author ia
tion or proof Of debt should be atteste
by Grecian consular officer Where
money is known to be owing to a debtor.
il can be attached by garRishee proceed
! ings similar 10 those in the Unite
| States. Imprisonment for de5t IS p1a2-
ticed extensively in Greece. the debtor
being obliged 10 remain in prison Until
| the debt has been paid
1