Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-06
DEBT RECOVERY ABROAD.
Ways Of Suing and Being Sued in Vari-
Gus European Countries.

From the Magazine Of Commerce.
OF all countries, Germany probably offers
the greatest facilities to foreigners for the
recovery of money owing to them by her
subjects. A power of attorney is required
for suing purposes and sum of money has
to be deposited as security for costs; but
the deposit is returned in full at the con-
clusion of the action. All costs, together
with interest, are recoverable from the de-
PENDANT.
In France the collection of trade debts is
usually relegated to the huissier or bailin.
This official is able to sue before justices
OF the peace, whose jurisdiction is, however,
limited to debts of not more than 2OO francs
(about ESD Where the amount exceeds this
sum. and the efforts of the huissier to effect
a settlement on Cancellation prove unavail-
ing, the only course is to employ an aVocat
and commence a suit in the civil courts.
Here the cost may easily run up to to or
f12, and, whatever the result of the action
may be, the plaintiff will have to pay his
avocats charges. and substantial portion
of the court costs. In the event of the de-
PENDANT entering a defense to the suit, at
least one adjournment will in all proba-
bility be ordered-it is astonishing upon
what f1imsy 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 impediments in the way OF
debt recovery by foreigners are on par
with those of Italy. In the commercial
court costs may run up to 500 or 800 pc
setas and are recoverable from the defend
ant only If the judge is satisfied that he has
acted in bad faith; that. when 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 recovering
any part of the costs.
Debts against private persons in Russia
become prescribed by statute after 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
% a lengthy power of attorney drawn up
in the Russian language, certified by no.
tary and wise by the Russian consul; C) an
extract containing particulars OF the claim
from the creditors books, accompanied by
a statement, in Russian. from the notary to
the effect that the extract is 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 wise by the consul. The expense con-
nected with the preparation of these docu-
ments is very heavy.
Should the creditor persist, ne Will De re-
quired to deposit substatial sum on ac-
count of costs and. in all likelihood, before
the matter has proceeded beyond the pre-
liminary stage, 1t will be found that he has
unconsciously run counter to some lncom-
prehensible Russian law, either in the mode
of delivering the goods or in some other
particular connected with the case, which
will afford the debtor a loophole OF escape