Order for Payment in the EU
Thread poster: LilianNekipelov
LilianNekipelov  Identity Verified
United States
Local time: 19:00
Russian to English
+ ...
May 21, 2015

Hi everyone. How do you serve the Order for Payment in the EU? Is there a special form, perhaps someone may have a link. Does it have to be filed with the local course as well? Thank you kindly for all the suggestions, because scammers will never be tolerated. I mean Austria, in this particular case. I am from the US. Just a few hundred dollars.

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Angela Rimmer  Identity Verified
United Kingdom
Local time: 00:00
Member (2014)
German to English
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You can't from the USA May 21, 2015

It is my understanding that you have to be domiciled in the EU yourself in order to srve an EPO. So you would have to be operating from an EU member state other than Austria in order to serve a European Payment Order to your client in Austria.

http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R1896


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Sheila Wilson  Identity Verified
Spain
Local time: 00:00
Member (2007)
English
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As Angela says: you can't from the USA May 21, 2015

You'll need a recovery company or a lawyer.

Have you tried a lawyer's letter? They will usually do that quite cheaply, as it only takes a little of their very expensive time (and a little more of their lower-paid secretary's). It can have a good effect when received by registered post - all that embossing on heavyweight paper, plus a load of legal stamps. It can get clients to pay.


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LilianNekipelov  Identity Verified
United States
Local time: 19:00
Russian to English
+ ...
TOPIC STARTER
Yes, but the more lawyers I engage the more they will have to pay. May 21, 2015

They are kind of stubborn, and pretend to be a reputable company, even though they cheated another American before as well. They may be counting on it—that we are far away.
I've heard you can serve it from another location as well, like the US.

I can also sign a power of attorney for someone—that might be the easiest, but I'm still interested in the Oder for Payment option.

I am doing it just out of principle—it started as about $200, but keeps growing. No company will play games like that. They have to be taught.

[Edited at 2015-05-21 10:44 GMT]


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Sheila Wilson  Identity Verified
Spain
Local time: 00:00
Member (2007)
English
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Anyone (with POA) can serve it, from anywhere, AFAIK May 21, 2015

LilianNekipelov wrote:
I've heard you can serve it from another location as well, like the US.

I can also sign a power of attorney for someone—that might be the easiest, but I'm still interested in the Oder for Payment option.

The problem is one of domicile and jurisdiction. Your business is registered in the US, Lilian. Even if it isn't officially registered there, your invoice presumably has your US address on it. Where you (or your lawyer if you use one) are currently based has no relevance, but if your business isn't EU-domiciled then it isn't for you.

https://e-justice.europa.eu/content_order_for_payment_procedures-41-en.do?clang=en


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golf264  Identity Verified
United States
Local time: 19:00
English to Dutch
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Not much you can do as American May 21, 2015

That's funny you mention. I would like to reletivate based on my own experience(s).

Most of my payment problems with Outsourcers actually only happened in the US. So much so that I refuse generally to accept, without more, assignments from the American ones. Because even here, and we are in the same land, if the Outsourcer does not pay, there is not much I can do.

It seems the American civil justice system, (and not only the CIVIL, but ok, thats another subject) works so lousy that if one is in another state, I may have to travel to that state to lodge a complaint there. And in still other cases, even if I win the claim, is the process of collection separate from the decision of the court and the court will not even agree to help with collecting. Thus I may have a legal judgment in my favor, and I cannot do anything with it, and will not get paid anything without cooperation of Defendant.

So if you are sitting in another continents and in totally different jurisdictions, you'll have even less on which to stand it seems to me.

[Bijgewerkt op 2015-05-21 13:49 GMT]


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Teresa Borges
Portugal
Local time: 00:00
Member (2007)
English to Portuguese
+ ...
Why don't you try calling the May 22, 2015

Austrian Embassy or an Austrian Consulate near you? They might have a few suggestions...

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Teresa Borges
Portugal
Local time: 00:00
Member (2007)
English to Portuguese
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Look what I've found! May 22, 2015

http://www.fit-ift.org/downloads/dynamic/compound_text_content/austria_en_english.pdf

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