Debt recovery is a complicated area of the law. This is especially true when you are trying to recover from someone living abroad. The good news, however, is that there are still legal remedies available even if the debtor resides in another country.
The first piece of advice is not to proceed on your own, as this may lead to counterproductive actions. Some potential risks are the inability to collect what is owed if:
- the debtor is a company in liquidation;
- the debtor is null and void or bankrupt.
For these reasons and other unpredictable quibbles, it is essential to seek the support of experts in the field, such as an intermediary debt collection agency that includes on its staff lawyers specialised in international disputes.
Recovery procedure abroad
If you have already tried to negotiate with them and have refused to talk or pay, consider the possibility of then, their assets.
With regard to debt recovery in a foreign country, a particularly complex legislative procedure must be followed, the first essential rule of which is to know the law in force in the country where the debtor or debtor company is present. It is therefore necessary to respect the structure of the domestic law, interpreting its procedural characteristics correctly.
This is an obligation arising from the private international law of both the foreign country of registration of the company and the country where the debtor is present.
It is then necessary to prove, by means of certain evidence, that you actually have a claim against the person against whom you wish to file a lawsuit, as well as to certify the value of the sum owed.
If you do not want to have problems enforcing judgments in foreign courts due to jurisdictional questions, hire an agency to do it for you.
