Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-10-29
DEBT RECOVERY ABROAD.
Ways of suinE ma Being sued In
Various European Countries.


Various European COuntrtes.
OF all countries Germany probably
offers the greatest facilities to foreign
ers for the recovery Of money owing to
them by her subjects. A power Of at
torney is required for suing purposes
land 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 the de-
PENDANT.
In France the collection Of trade
debts is usually relegated to the huis-
sier or bailiff. 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 f8). Where the amount exceeds
this sum and the efforts Of the huissier
to effect settlement or Cancellation
prove unayailing the only recourse Is
TO employ an avocat and commence
suit in the civil courts. Here the cost
may easily run up to fS or E12, and.
whatever the result Of the action may
be, the plaintiff will have to pay his
avocat's charges and substantial por-
ton of the court costs. In the event OF
the defendant entering defense to the
suit at least one adjournment Will in
all probability be ordercd-it is aston
fishing upoa what fmsy grounds this
is frequently donc-and the costs be
thereby multiplied ad iniintum
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 cxorbitant demands for
translation and other mysterious fees,
every forward step of the slow moving
legal machinery calling for ample lu-
IRRIGATION from the pockets of the I'M
fortunate creditor.
In Spain the impedments in the way
Of debt recovery by foreigners are on
par with those of Italy In the COM
mercial court costs may run u to 800
or $40 pesctas and are recoverable from
the defendant only if tho judge is salts
I fed 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 sur
missed this condition Is usually amply
sufficient to prevent the plaintif recov
ering any part Of tic costs.
Tcbts galnst private persons in Rus
STA 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 notary and
vised by the Russian consul: CO. an
extract containing particulars Of the
claim from the creditors books. ac-
cOmpanicd by n statement in Russian
from the notary 10 the effect that the
| extract is a t.'uc copy of the entries in
/ tho books. which are found TO be kept
| In good order and in accordance with
the English law. The extract has also
to be visod by the consul The ex-
pense connected with preparation of
these documents is very heavy.
Should the creditor persist he will be
required to deposit a substantial sum
on account of costs, and in all llkeli-
hood before the matter has proceeded
beyond the preliminary stage It will
be found that he has unconsciously
run counter 10 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 loop
hole of scape.-MaGa2ine of Com
! merce.