Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1903-06-06
DEBT RECOVERY ABROAD.
Ways of Suing and Eeing sued In
Various European Countries.

various European
OF ali countries Germany probably
offers the greatest facilities TO foreign
ers for the recovery OF money OWING 10
them by her subjects. \ power OF at
torney is required for suing purposes
and sum of money has TO be deposit
ed as security for costs, but the deposit
is returned in full at the conclusion OF
the action. All costs, together with IN
terest. are recoverable from tie de-
fendant.
In France the collection or trade
debts is usually releglted to the huis-
sier or bailff. This official Is able TO
sue before the justices Of the peace,
whose jurisdiction is, however, limited
to debts of not more than 200 francs
(about GS). Where the amount exceeds
this sum and the efforts Of the Eulssler
TO effect settlement or Cancellation
prove unavailing the only recourse Is
TO employ an avocat and commence
suit i'm the civil courts. Here the cost
may easily run up to Is or t'2' aiiu'
whatever the result Of the action may
be. the plaintiff will have TO pay his
avocat's charges and a substantial por-
ton of the court costs. In the event OF
the defendant entering defense 20 the
suit at least one adjournment will in
all probability be ordered-it is aston
ishing upon what fiimsy grounds this
ia frequently done-and the costs be
| iod od infinif1lm
The way of the foreign merchant IN
Italy. seeking to enter into his own by
judicial methods, is full Of vexatlons In
| the shape of eXorbitant demands FOR
| translation and other mysterious fees.
every forward step Of the slow moving
legal machinery calling for ample lu-
brication from the pockets of the un-
fortunate creditor.
In Spain the impediments in the way
of debt recovery by foreigners are on
a par with those of Italy. In the COM
mercial court costs may run us to 3OO
or $50 pesetas and are recoverable from
the defendant only if the judge is salts
fed that he has acted In bad faltn;
that. When ordering the goods. he had
no intention of paying for them unless
compelled to do so. AS may be sur
missed. this condition is usually amply
sufficient to prevent the plaintiff recov-
ering any part Of the costs.
Debts against private persons in Rus
sia 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 10
be furnished with O lengthy power
of attorney drawn up in the Russian
language. certified by a notary ana
vised by the Russian consul; (2) an
extract containing particulars or the
claim from the creditors books, ac-
companied by 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
4 10 --pe- -vIseu -uy- -Ine consuI. Ine eA'
pense connected with preparation oil
those documents is very heavy.
Should the creditor persist he VIII DC
required to deposit a substantial sun
ON account of costs, and in all likeli
hood before the matter has proceeded
beyond the preliminary stage 1t VIII
he found that he has unconsciously
run counter to some incomprehensibi'
Russian law, either in the mode ol
delivering the goods or in some othel
particular connected with the case
which will afford the debtor loop
+ hole of escape.-Magazine OF Com
| mprcp