The Birmingham age-herald., 1903-06-07
DEBT RECOVERY ABROAD.
Ways of Suing and Being Sued in Va
 rous European Countries.

From the Magazine of Commerce.
 Of all countries Germany probably offers the greatest faeilltsies to foreigners for her subjects. A power of attorney is re- quired 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 bailiff. This official Is able to sue before the jus tices of the peace. whose Jurisdiction is, however, limited to debts of not more than 200 francs (about aS). Where the amount exceeds this sum and the efforts of the huissier to effect a settlement or conciliation prove unayailing the only re- course Is to employ an avocat and com mence a suit In the civil courts. Here the cost may easily run up to e8 or &l2 and, whatever the result of the action may be-. the plaintiff will have to pay his avocat 8 charges and a substantial portion of the court costs. In the venet of the defendant entering a defense to the suit at least one adjournment will In all probability be ordered-it Is astonishing upon whatflimsy grounds this Is frequently done-and the costs be thereby multiplied ad inhnitum.
 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. ev- cry forward step of the slow moving legal machinery calling for ample fabrication from the pockets of the unfortunate cred itor
 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 300 or $50 pe- setas and are recoverable from the de- fendant only if the judge Is satisfied that he has acted in bad faith; that, when or- dering the goods, he had no intention of paying for them unless compelled to do so. As may be surmised, this condition is us- ually amply sufficient to prevent the plaintiff from 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 CD a lengthy power of attorney drawn up in the Russian language, cer- tiled by a notary and vised by the Rus sian consul; @ an extract containing par ticulars of the claim from the creditors books, accompanied 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 in good order and in accordance with the English law. The extract has also to be vised by the consul. The ex- nense connected with the praparation 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 likelihood be- fore the matter has proceeded beyond the preliminary stage 1t 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 loop-hole of escape.