The Montgomery advertiser., 1903-02-01
DEBT RECOVERY ABROAD.
Ways of Suing and Being Sued il
 Various European Countries.
Magazine of Commerce.

NA"5""iAe ol ScIl1nSTCe.
 Of all countries, Germany probably of fers the greatest facilities to foreigners for the recovery of money owning to them by her subjects. A power of attorney is required for suing purposes and d 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 recov- crable 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 Justices ot the Peace, whose Jurisdiction is. however. Limited. to debts of not more than 200f, taboutG9 Where the amount exceeds this sum, and the efforts of the huissier to effect a settlement on concili- ation prove unavailing, the only course is to employ an avocat and commence d suit in the Civil Court. Here the costs may easily run up to eS or f12, and, whatever tke result of the action may be. the plaintiff will have to pay his avocat's charges, and a substantial DOT tion of the court costs. In the event of the defendant entering a defense to the suit. at least one adjournment will in all probability be ordered-it Is astonish- ing upon what flimsy grounds this is ire quently donc-and the costs be thereby multiplied an minimum.
 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 transle ton and other mysterious fees. every forward step Of the sow-movinE legal machinery calling for ample lubri- cation from the pocket of the unfortun- ate creditor
 In Spain. the impediments 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 s50 pc setas. and are recoverable from the de- frndent 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 tho .n 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 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 to be furnished with Q a lengthy power of attorney drawn up in the Russian language certi- lied by notary and wise by the Russian Consul: ,O an extract containing particu- lars of the claim from the creditor s books. accompanied by a statement, in Russian. from the notary to the effect that the extract is true copy of the en- tries 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 ex- pense connected with the preparation of tnfse aocnments is very heavy
 Should the creditor nersist he will ha required to deposit substantial sum on account of costs and, in all likelihood before 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 debt- CT loophole of escape.