European Small Claims - is it worth it? Thread poster: David Howard (X)
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David Howard (X) 
United Kingdom
Local time: 10:06
French to English
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I've been owed close to €3000 for the best part of two years now, and have been fobbed off too many times to remember.
After having given so much grace, I now want to take legal action and am considering either European Small Claims or a European Order for Payment. But do they have much effect?
For a start, it's not an agency that owes me the money, it's another translator who insists they have been scammed/not paid by the client (although what they actually owe me w... See more I've been owed close to €3000 for the best part of two years now, and have been fobbed off too many times to remember.
After having given so much grace, I now want to take legal action and am considering either European Small Claims or a European Order for Payment. But do they have much effect?
For a start, it's not an agency that owes me the money, it's another translator who insists they have been scammed/not paid by the client (although what they actually owe me was for three separate jobs/clients). I also know they're still outsourcing work to other translators and have even mentioned putting bets on football games so they can pay translators - can you believe it?!
I have e-mail evidence and invoices to prove the above, however, I've heard that it is incredibly difficult to get a favourable judgement, and I don't know if it's worth the hassle, if anything because I actually don't think they have the money to pay me.
Has anyone tried using this system? What would you suggest?
Many thanks,
David ▲ Collapse
| | | | | be businesslike | Feb 10, 2011 |
By which I mean... be businesslike in your assessment of whether it is worth it. I don't know the procedure but I imagine it takes some investment certainly of time if not of money. Is your time perhaps better spent by working for clients who DO pay, rather than chasing clients who don't? Clearly the amount of money to be reclaimed has bearing here - 3000 pounds does seem a lot.
My moral instinct tells me anyone who has signed a contract should abide by it and pay up. I'm just tryi... See more By which I mean... be businesslike in your assessment of whether it is worth it. I don't know the procedure but I imagine it takes some investment certainly of time if not of money. Is your time perhaps better spent by working for clients who DO pay, rather than chasing clients who don't? Clearly the amount of money to be reclaimed has bearing here - 3000 pounds does seem a lot.
My moral instinct tells me anyone who has signed a contract should abide by it and pay up. I'm just trying to put another perspective on it for you. ▲ Collapse
| | | | | Provoking a reaction | Feb 10, 2011 |
Surely it would be worthwhile either just launching the process and/or simply getting a lawyer to write to the the non-payer in the hopes of frightening him/her enough to pay you?
| | | | Sheila Wilson
Spain
Local time: 10:06
Member (2007)
English
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| You're so patient, David! | Feb 10, 2011 |
David Howard wrote:
I've been owed close to €3000 for the best part of two years now, and have been fobbed off too many times to remember.
Two years and you haven't blown your top yet? You're much more patient than I could ever be.
However, there's a small hitch here: the ESCC only hears claims for less than 2000€. I imagine you can ask them to get the first 2000€ of your claim, plus interest (which will have mounted up in two years, of course), but I don't think they will award you over that.
it's not an agency that owes me the money, it's another translator who insists they have been scammed
I actually don't think they have the money to pay me.
As I'm sure you know, being scammed doesn't entitle one to scam! I believe the court can insist that debts are paid from future earnings if there is not currently any way of paying, but you would need to take advice on that - I'm sure there must be costs associated with it. Of course, if they are self-employed, then you will probably be suing them as a person rather than as a business - their house, car, computer and everything else become available and liable for seizure. That's certainly the way it goes in France (although you can protect your principal residence).
I can't comment on how successful claims normally are, having only used the French SCC (successfully and cheaply, I must say), but I certainly wish you well in your claim, however you choose to proceed. If this person is still trading then perhaps a debt collection agency would be the best bet. For a percentage of the takings, they will probably be prepared to collect the debt bit by bit as money becomes available.
Please, please, please don't let them get away with it! It's your hard-earned money, not theirs!
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David Howard (X)
United Kingdom
Local time: 10:06
French to English
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TOPIC STARTER
Thanks Sheila and Richard for your advice,
Trying to look at this business-like, and calculating the number of hours it would take, it makes sense to give it a go.
The alternative to ESCC is a European Order for Payment, which goes up to €7,600 (or thereabouts). However, I've already spent the best part of a day finding out which court has jurisdiction!
Anyway, thanks again. I'll let you know how I get on!
David
| | | | Sheila Wilson
Spain
Local time: 10:06
Member (2007)
English
+ ...
| Pls keep us posted | Feb 11, 2011 |
David Howard wrote:
The alternative to ESCC is a European Order for Payment, which goes up to €7,600 (or thereabouts).
I've only looked briefly at the payment order but I was immediately confused because it said it was only to be used when the debt is not contested. Well, if they aren't paying, they are no doubt contesting it in some way, even if it's only on the grounds of being broke. I daresay I'm reading something into it that isn't there!
Anyway, good luck, David. Hope it's both successful and quick.
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