Home > FAQ > Business Law FAQ'S > How do I make a claim against an overseas debtor?

With difficulty. Depending where the party you wish to make a claim against is based, gaining permission from the English or Welsh court may be necessary before your claim can even be issued. If you are required to get permission, you must apply to the English or Welsh court where the claim is to be issued, for the permission to serve it outside the court’s jurisdiction. The defendant is given more time – how long depends on the country in which the claim will be served – to respond to the claim than they would if they were based in England or Wales.

If you are faced with this situation, consult with a solicitor before taking any action. They might be able to advise a more commercial way to achieve your desired outcomes, including whether you could sue in the debtor’s country.

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