Motoring Accident

[Gluestick]

[quote user="bigears"]hi
I thought small claim court judgements aren't enforceable in law.  If it was me I would put it all behind me as the worry/stress of pursuing it can have a negative effect on health. 
[/quote]

Don't where you reached this conclusion, bigears?

A judgement obtained via the Small Claims Regime is just as enforceable as any other: various modalities may be employed in execution: including distraint, attachment of earnings and etc.

And furthermore, a debtor with a judgement entered against them who fails to settle within the 30 day window, then goes onto the County Court Unsatisfied Judgement list: which sours their credit record.

The Small Claims Track is designed to ease access to justice for the little guy: even where the claimant loses, the defendant cannot reclaim costs, excepting in very extraordinary circumstances.

 

[bigears]

I got it from a drunken discussion with a probation officer. 

[NormanH]

"And furthermore, a debtor with a judgement entered against them who

fails to settle within the 30 day window, then goes onto the County

Court Unsatisfied Judgement list: which sours their credit record."

Which County would apply for a French company?

[Russethouse]

Schindler are an International company - perhaps there is a way to use a UK address ?

[Gluestick]

[quote user="NormanH"]"And furthermore, a debtor with a judgement entered against them who fails to settle within the 30 day window, then goes onto the County Court Unsatisfied Judgement list: which sours their credit record."
Which County would apply for a French company?
[/quote]

Please read what was written earlier, Norman.

[quote user="bigears"]hi
I thought small claim court judgements aren't enforceable in law.  If it was me I would put it all behind me as the worry/stress of pursuing it can have a negative effect on health.  [/quote]

Now, just in case you missed it, the nub of this thread, later on, was the reality that one can now sue in another member state's jurisdiction, for tort and consequential loss (Including personal injuries) flowing therefrom.

Additionally, a new EU Directive now creates Cross Border Small Claims Regimes, for all members states.

It all comes from desired and expressed EU intent for Harmonisation: of law both civil and criminal: taxation: etc.

In case you missed it, here's the URL once more.

See Here:

[velcorin]

I've never succeeded in enforcing a judgement against an SA or Sarl. Good luck.

French judges go to Judge School in Bordeaux to learn French law, they are not in the vaguest bit interested in what happens at European level, until it has been incorporated into French law. Even then, the moron who gets the job of playing judge only does what the prettiest looking Advocat tells him. Or happens to be his mate. Anyone who has dealt with the UK legal system hasn't seen anything til you've seen these clowns in action. At best, a decision will be made just in time for the next Ice Age and cost something in the region of GNP of a small African nation.

I've always assumed there is a special test you have to fail for the French legal practitioners, just to ensure they only employ the most stupid.

 

[Gluestick]

This is becoming rather confused and convoluted.............

I much look forward to seeing a  French Judge trying a case in an English County Court,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

 

[Www]

[velcorin]

The French court would be required to enforce a foreign Judgement against a French defendent. I've never succeeded with German or English Judgements.

[bigears]

I still maintain the best course of action is to move on.  I would always get the heavy boys round before going to law.

[velcorin]

Yep move on. It's France not Britain. Don't think "it's the principle of it.". Here, principles cost money. Sorry to be negative.

[NormanH]

NormanH wrote:

"And furthermore, a debtor with a judgement entered against them who fails to settle within the 30 day window, then goes onto the County Court Unsatisfied Judgement list: which sours their credit record." Which County would apply for a French company?

Please read what was written earlier, Norman.

I still don't see what an English county court judgement has to do with the 'credit record' of a French Insurance Company.

[Gluestick]

[quote user="NormanH"]

NormanH wrote:

Please read what was written earlier, Norman.

I still don't see what an English county court judgement has to do with the 'credit record' of a French Insurance Company.

[/quote]

Mainly, probably, since the claimant sues the third party, not their insurers: and this is because the claimant has no contract with the other party's insurance underwriter: however what they do have is a triable action for Tort.

In order to protect their downside exposure, however, the insurer will usually defend the action on behalf of their insured.

It is a core tenet of civil law that one always sues the entity which enjoys causation: and is first in the chain, if any, for liability.

In the same manner, if you are involved in a blameless nose-to-tail accident, you sue the driver who impacts you: quite apart from the reality that the causer of the accident may well be a truck, five cars back; and the guy in front of you, then sues you.

Now if we again return to bigears's comment:

[quote user="bigears"]hi
I thought small claim court judgements aren't enforceable in law. 
[/quote]

Then I was merely responding to that earlier comment, concerning the legal standing of Small Claims Court's Judgements and their enforceability and the potential repercussions for a debtor.