Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-11
DEBT RECOVERY ABROAD.
Ways of Suing and Being Sued in
Various European Countries.

| From the Magazine. Of Commerce.
or all countries, Germany probably Of
fers the greatest facilities to foreigners for
the recovery Of money owing to them by
her subjects. power of attorney is re-
qufred 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
together with interest are recoverable from
the defendant
In France the collection of trade debts
is usually relegated to the huissier or
baiiff. 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 fS. Where the amount
exceeds this sum, and the efforts of the
huissier to effect a settlement on concilia-
ton prove unavailing, the only recourse is
to employ an avocat and commence a suit
in the civil courts. Here the cost may
easily run up to fS or f12, 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 entering a
defense to the suit, at least one adjourn
nent will in all probability be ordered-it
is astonishing upon what fiimsy grounds
this is frequently done-and the costs be
thereby multiplied ad infinitum.
The way of the foreign merchant in Italy
seeking to enter into his own by judicial
methods, is full Of vexations in the shape
of exorbitant demands for translation and
other mysterious fees every forward step
OF the slow-moving legal machinery calling
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 to 300 or $50 pese
taS and ha dafa d.
ant only If the judge is satisfied that he
has acted in bad faith; that when order
ing the goods he had no intention Of pay
ing for them unless compelled to do SO.
AS may be surmised, this condition is
usually amply sufficient to prevent the
plaintiff recovering any part of the costs.
Debts against private persons in Rus
STA become prescribed by statute after a
lapse of twelve months.
Before an advocate in Russia can take
any legal steps to validate the rights of
his foreign client he has to be furnished
with O lengthy power of attorney
drawn up in the Russian language, certified
by notary and vised by the Russian con-
sui; (0 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 extract
is a true copy of the entries in the books,
which are found to be kept in good order
and in accordance with the English law.
The extract has also to be viSed by the
consul. The expense connected with prep
aration Of these documents is very heavy.
Should the creditor persist he will be re-
quired to deposit a substantial sum on ac-
count of costs, and, In all likelihood be-
fore the matter has proceeded beyond the
preliminary stage, it will be found that
he has unconsciously run counter to some
incomprehensible Russian law, either in
the mode of delivering the goods or in some
other particular connected with the case.
which will afford the debtor loophole of
escape.