The Indianapolis journal., 1903-04-24
DEBT RECOVERY ABROAD.
Ways Of Suing and Being Sued In Va
rious European Countries.


OF all countries. Germany probably offers
the greatest facilities to foreigners for the
recovery OF money owing TO them by her
subjects. power of attorney is required
for suing purposes. and a sum OF money
has to be deposited as security for costs;
but the deposit is returned In full at the
conclusion of the action. All costs. to-
gether with interests, are recoverable from
the defendant.
In France the collection of trade debts
is usually relegated to the huissier or
bailiff This official is able to sue before
justices of the peace, whose jurisdiction is.
however, limited to debts of not more than
200 francs (about RS) Where the amount
exceeds this sum, and the efforts of the
huissier TO effect a settlement on concilia-
ton prove unavailng, the only course Is
TO employ an avocat and commence suit
In the civil courts. Here the cost may
easily run up to IS or Ei2. and. whatever
the result of the action may be. the plain
tiff will have to pay his avocat's charges.
and a substantial portion Of the court
costs. In the event of the defendant en-
tering a defense TO the suit. at least one
adjournment will In all probability be or
dered-it is astonishing upon what fiinsy
grounds this Is frequently done-and the
costs be thereby multiplied ad infnitum.
The way of the foreign merchant In Italy
seeking 10 enter into his own by judicial
methods is full OF vexations in the shape
of exorbtant demands for translation and
other mysterious fees, every forward step
of the slow-moving legal machinery CALI
ing for ample fabrication from the pockets
of the unfortunate creditor.
In Spain the impedments in the way OF
debt recovery by foreigners are on a par
with those of Italy. In the commercial
court costs may run up 10 300 or $50 pesetas.
and are recoverable from the defendant
only IL the Judge Is satisfied that he has
acted in bad faith that. wben. ordering the
goods, he had no intention Of paying for
them unless compelled to do so. AS may
be surmised, this condition Is usually
amply sufficient to prevent the plaintiff re-
covering any part OF the costs.
become prescribed by statute after a lapses
OF twelve months. 80 t-
Before an advocate in Russia can take
any legal steps TO validate the rights Of
his foreign client he has to be furnished
with Cd a lengthy power of attorney.
by notary and vised by the Russian conn
sui; (2) an extract containing particulars
of the claim from the creditors books, ac-
companied by a statement. in Russian,
from the notary TO the effect that the ex-
tract is a true COPY OF the entries I'm the
order and in accordance with the English
law. The extract has also 10 be vised by
the consul The expense connected with the
preparation OF these documents Is very
heavy.
Should the creditor persist he will be
require TO deposit a substantial sum on
account OF costs. and. In all likelihood. be-
fore the matter has proceeded beyond the
preliminary stage. IL will be found that he
has uncOnscfousiy run counter 10 some
incomprehensible Russian law. either I'm
the mode OF delivering the goods or In
some other particular connected with the
case. which will afford the debtor loop
hole of escape