France

We are ready for an exciting event as Connexx Partners gears up for their 24th General Assembly, set to take place in the stunning city of Trieste, Italy.

Our Calendars are marked Friday, April 19th, 2024, when partners from 20 countries across Europe will gather in Trieste for this eagerly anticipated network meeting. The General Assembly will be graciously hosted by our Italian Partner, Massimiliano Blasone, an esteemed attorney-at-law specialising in civil and commercial judgments and cross-border enforcement. Massimiliano leads his own esteemed law firm, Studio Legale Blasone.

During this gathering, we'll dive into discussions on recent and upcoming procedural changes in each country. Additionally, presentations will cover various topics, including an introduction to a potential new partner in Greece by Mr. Ilias Tsipos, a Judicial Officer, and insights into cross-border enforcement post-Brexit by Martin Leyshon from England and Wales, representing the High Court Enforcement Group.

Leading the assembly will be our esteemed president, Mr. Geoffrey Gallé, from Luxembourg. As a tradition, we convene twice a year, with our next rendezvous scheduled in the vibrant city of Glasgow, hosted by David Walker of Walker Love.

We are ready for engaging discussions, valuable insights, and networking opportunities against the backdrop of the enchanting city of Trieste, on how to better serve our clients for cross border debt collection and enforcement.

The UK committed to joining the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters and signed up to it on 12th January 2024.

How will this help UK businesses?
The Hague Convention will help UK businesses who have dealings in other countries. It means that, should a dispute arise, any resulting judgment will be recognised and can be enforced in the courts of other countries that have joined the Convention.

Whilst many countries have domestic rules that allow judgments from other countries to be enforced, the rules in each may well differ, so the Convention’s international framework of rules gives greater certainty. It should also save time and money for enforcement.

Who has joined the Hague Convention?
There are currently 29 countries who are already part of the 2019 Hague Convention, including the 27 EU member states, the EU and Ukraine. Uruguay has signed and ratified the Convention, with it set to enter into force on 01 October 2024. 

In addition this year, it has had several signatories: Israel, Costa Rica, the Russian Federation and the United States.

With 91 members of the Hague Conference on Private International Law (HCCH), the main multilateral forum for private international law rules consisting of several conventions including the 2019 Hague Convention, Hague 2019 has a potentially global reach. 

When will it come into force?
Hague 2019 will come into force in the UK 12 months after ratification and will apply only to judgments given in proceedings commenced after that date.

Bulgaria’s Abandoned Investments – by Todor Lukov a former Judge now making a living as a Judicial Officer

As Bulgaria joined the EU with great excitement, a wave of overenthusiastic entrepreneurs embarked on ambitious projects, from extravagant hotels to bizarre thermal wellness centers. But alas, these dreams crumbled like a botched game of Jenga in the wake of the 2008-2009 Global Financial Crisis.

Fast forward to today, and these colossal, half-finished structures are the stuff of comedic legends, resembling archaeological wonders plucked straight from an Indiana Jones film. Among them, an enigmatic spa hotel perched at Mineral Water Springs, takes center stage. Enter not Captain Kirk, but Bailiff Lukov, the intrepid private judicial officer, armed with determination and a magnifying glass.

Lukov's mission is clear: locate, salvage, and auction these forgotten relics. His first obstacle? The architectural and technical blueprints, seemingly swallowed by a bureaucratic black hole. With the tenacity of a detective, Lukov embarks on an odyssey, turning every dusty corner of the city planning department upside down.

As the narrative unfolds, Lukov's escapades become more zany. Picture Lukov, magnifying glass in hand, sifting through ancient scrolls (well, maybe dusty paperwork), and attempting to decipher ancient engineering runes (or just outdated schematics). Each clue brings him closer to unraveling the hotel's secrets, all while dodging booby traps like loose floorboards and cobweb-covered filing cabinets.

But wait, the tale takes a comedic twist. Just as Lukov is about to throw in the towel, a quirky entrepreneur with an uncanny affinity for absurd investments appears. Armed with a penchant for the peculiar and a knack for sniffing out bargain prices, this investor sets their sights on the spa
hotel. Cue a bidding war that's more slapstick than serious, with characters stumbling over blueprints and chasing down elusive property deeds.

In the end, the spa hotel may find an unlikely savior – an eccentric investor who sees potential in its faded grandeur perhaps. With a flourish of pen strokes and a hearty laugh, the deal is yet to be struck, a fire sale maybe? Will the hotel be brought back from the brink of oblivion? As the credits roll on this uproarious tale, Lukov's office stands as a monument to perseverance and resilience, a place where even the most bizarre of challenges can be met with a steady legal expertise but healthy dose of humor as well.

To Be Continued ...

We recently held our 22nd General Assembly in the picturesque city of Prague.

During the event, the network proudly announced the addition of a new member, David Elsibedashvili's Private Enforcement Bureau and House of Business Law LLC, which is based in Georgia.

The signing of the Connexx internal regulations was also marked by the warm welcome extended to David by the President of Connexx, Geoffrey Gallé.

The Assembly was also attended by Dr. Cari Leyshon of CQIFY, supported by Dr. Jacquiline Hiddlestone, who joined the event virtually from Australia. Dr. Cari started the process of a members service charter that received input through the collaboration of the members, which is a testament to the network's commitment to its members.

The Assembly had a turnout of 17 member countries out of a total of 20, with attendees joining both in-person and online.

To learn more about how Connexx can assist with the collection of your European debts, please scroll through our website.

New partner to be announced shortly!

PRESENTATION OF LAW FIRM BLASONE

Law Firm Blasone boasts a tradition rooted in providing procedural assistance and legal advice to its clients, operating both in the national and international context.

The lawyers of the Firm – under the supervision of the owners Massimiliano and Stefano Blasone – offer their qualified service in out-of-court proceedings and before ADR Bodies as well as in litigation and arbitration procedures. Clients, both companies and natural persons, are assisted and defended with the utmost availability, professionalism and confidentiality in disputes relating to civil, commercial, family, inheritance law as well as in litigations for compensation for damages.

The experience gained in the management of enforcement proceedings also allows the organization to perform credit recovery activities, including massive ones, throughout the Italian territory and abroad, after an investigating the solvency of each debtor. The Firm also takes care of the recognition and enforcement of Italian judgements abroad and foreign ones in Italy.

Any judicial activity is carried out directly by the Firm via electronic communication with all Italian Courts.

Abroad, the Firm collaborates with partners from its international network CONNEXX in order to enable the timely completion of any actions in the relevant State.

The member Massimiliano Blasone is an attorney at law with a long-standing experience in litigation and enforcement of civil judgement and is authorized to appear before the Supreme Court. He is also authorized to practice as Professional Delegate to the sales and Judicial Guardian in real estate foreclosures, i.e., enforcement agent, for the Court of Trieste.

Since 2018, he is co-founder and board member of Trieste association “aggiudic@” dedicated to the study of civil enforcement and bankruptcy. He is also a member of the Commission on this matter with the Bar Association of Trieste. In 2020, he co-founded and became Vice President of "A.C.D.C. - Association for the Coordination of Delegates and Custodians'', which brings together 41 Italian regional associations of delegated professionals authorized to carry out sale of foreclosed real estate, including drafting transfer decree and distribution of sales proceeds. In 2022 he was hired as an international expert consultant at the Council of Europe European Commission for the Efficiency of Justice (CEPEJ) developing Guidelines on judicial e-auctions. In 2023 he was engaged as consultant of Italian Ministry of Justice in the EU project finalised to the creation of the European platform dedicated to online auctions of foreclosed assets.

The member Stefano Blasone is an attorney at law who works in the field of civil law by providing his assistance in international divorces, family law and inheritance law. He also manages NPL (non-performing loans) analysing portfolios and identifying the best collection strategies for effective legal recovery actions.

He carries out mediation and conciliation proceedings (ADR) and defends clients in criminal law litigations, with particular reference to crimes against property and companies.

DEBT RECOVERY AND ENFORCEMENT OF FOREIGN JUDGMENTS IN ITALY

For the purpose of effective and timely credit recovery, we follow a consolidated procedure aimed at favouring, if possible, the voluntary payment of the debt:

• friendly credit recovery (with or without enforceable title)

We will send a formal notice to the debtor, where possible by certified e-mail, to request payment.

In the event of unavailability of a full voluntary payment, we will seek other payment options, e.g., a repayment plan in instalments. Any full and final settlement will be agreed upon with the client.

ADR procedures may also be activated to try to reach an agreement that best meets the expectations of our client.

• solvency report

Upon authorization by the client, at the same time or following the sending of the formal advice, an investigation may be launched to ascertain the consistency of the debtor's assets and his/her solvency.

• acquisition of an enforceable title

In the event of failure of the amical debt recovery activity, a judicial procedure will be initiated aimed for acquiring an enforceable title, or we will use the foreign judgement of the client, recognized and enforceable in Italy.

• enforcement proceedings

In the event of non-payment, we will carry out an enforcement proceeding.

Enforcement of an obligation to pay a sum of money in Italy is a judicial proceeding and it is obtained through foreclosure and liquidation of assets of the debtor, including:

• movable assets;

• real estate;

• receivables and bank account;

In case of request of the creditors and as alternative to the sale through auctions, assets can be assigned to the creditors in satisfaction of their claims.

Point of contact: Massimiliano Blasone
Website: www.studiolegaleblasone.it
Email:
Phone number: 0039/040631168
Andress: via San Francesco 14, 34133, Trieste

David Elsibedashvili's Private Enforcement Bureau and House of Business Law LLC

+995577111021

Our team of legal specialists will provide you with qualified assistance throughout the territory of Georgia. Members of our team have many years of experience in various areas of legal services. We consider each application of our clients individually and based on our qualifications achieve the best results in processing and solving problems of different complexity.

We offer the following services:

1. Collection - the process of the soft and hard collection is based on strict compliance with the code of ethics. The goal of our team is to achieve results only with ethical work methods.

2. Legal support - service includes full service in litigation (court, arbitration, mediation, etc.), defending clients' interests in the case of both the plaintiff and the defendant.

3. Enforcement services - Georgia has a hybrid system of enforcement. Private Enforcement and National Enforcement Bureau. Our team can provide clients with legal services in the private enforcement sphere. In the case of public enforcement, we can give advice and recommendations to clients, or act as the representatives of clients.

4. We can also provide clients with the following additional services:
a. Preparing agreements and legal documents
b. Real estate registration
c. Business entity registration
d. Legal examination of the subject of purchase
e. Assessment of legal risks of the contractual relationship

Peculiarities of the enforcement system during the invasion of Ukraine

A report direct from our Partner based in Kiev - Ivan Zhabotynskyi Lawyer and private bailiff.

After Russia's military invasion of Ukraine on 24 February 2022, all spheres of life collapsed. The enforcement system was no exception. Fearing unwarranted tampering with databases, in the early days of the war, the Ukrainian Ministry of Justice disconnected bailiffs from all electronic databases.

State bailiffs received access to the electronic databases in April 2022. In June 2022, the Ministry of Justice started the process of connecting private bailiffs. At the beginning of October 2022, 85% (236 out of 279) of the private bailiffs had already returned to work.

Naturally, the enforcement process has also changed no surprise there. Several measures have been introduced for the duration of martial law, however, the most significant among them being the following:

• deductions from the wages, pensions and other income of debtors have ceased

• debtors have unblocked bank cards for debts of up to 100,000 hryvnias (approximately 2,800 Euros

• it is forbidden to execute notary writs (previously a very common document

• The Ukrainian Ministry of Justice has gained more control over private bailiffs

In general, it can be said that the enforcement system in most parts of Ukraine is functioning normally. In the regions occupied by the Russian Federation or where there are active combat actions, unfortunately, it is impossible to enforce the decisions.

The partner of European Collection and Enforcement Network CONNEXX - Ivan Zhabotynskyi can assist with the enforcement of a foreign decision in Ukraine. His office is in Kyiv.

 
Creditors are encouraged to secure their position by engaging with Debtors at an early stage. A brief overview from our partner Matthew Wales of Wales and Co Debt Collection Solicitors.

COVID 19 - DEBT COLLECTION BRIEFING – UPDATED
SOUTHERN IRELAND 16th FEBRUARY 2020.

It is abundantly clear that as a result of Covid 19 that there will be considerable difficulties in collecting debt. What is the best strategy to maximise your collections?

STEP 1 – ENGAGE WITH DEBTOR- PAYMENT ARRANGEMENTS AND TAKING SECURITY.

It is fatal for a creditor to fail to act in the hope that the current economic situation will improve in the short term. It is very important that the creditor seeks to engage with the debtor. There can be reluctance for a creditor to engage with a debtor during the Covid 19 pandemic but our experience is that the majority of debtors are willing to engage constructively with their creditors to reach an agreement. Please remember that your company needs cash flow to survive. In the current circumstances mediation and amicable settlement are preferable to litigation if at all possible. In this regard, at initial stages, threatening legal action when seeking to collect a debt is not helpful and should be avoided when contact is made with the debtor as the debtor may simply refuse to engage with you.

Communication with the debtor will allow you to differentiate between those debtors who are genuinely facing financial difficulties and to work with them and those debtors who are simply avoiding making payment to you potentially using Covid 19 as an excuse. In cases of an inability to pay due to Covid 19 it is reasonable to request a third party professional to supply evidence of the debtors inability to pay.

If a payment arrangement is entered into that arrangement should be monitored in case a different approach is required towards collection, should the debtors circumstances change. It is important that if possible creditors seek to gain a written admission of the due debt and a written repayment proposal of the debt is an admission of liability and will minimise any expensive legal disputes in relation to liability and will greatly simplify the legal process should that need to be employed.

In your discussions with your creditor you could also consider seeking to obtain some form of security from the debtor for the debt such as a personal guarantee or a charge over property. If you have a retention of title clause in your contract with your debtor, title to the goods does not pass until payment has been made so you may wish to enforce the retention of title clause and obtain return of your goods.
We would recommend you contact your Solicitor to discuss security issues to ensure that the security obtained/ or offered is capable of being enforced legally. If you decide because you have been given security to provide a moratorium on legal action to your creditor, ensure the security that is obtained will survive any insolvency of the debtor in the future .

If it has not proven possible to reach an accommodation with your debtor then you should discuss with your Solicitor the possibility of proceeding to step 2

STEP 2 – SEND DEMAND LETTER

The demand letter should be tailored to the particular circumstances of the debtor. Tell your Solicitor what those circumstances are so that he can tailor the letter to maximise chances of collection. The demand letter does not have to be aggressive in tone and can simply serve as a reminder to the debtor that you are still willing to engage with the debtor but you will escalate the matter unless either payment is made or there is a written agreement to pay. This is a process of escalation which maximises your collection rates. If the debtor does not engage then a final demand letter should be sent by your Solicitor enclosing draft proceedings for issue unless the debt is paid or payment proposal made.

STEP 3- ISSUE OF COURT PROCEEDINGS

In Southern Ireland the Courts are open but operating at reduced capacity and there will be significant delays in Court processes into the future.. In this regard it is very important that the correct legal procedures are undertaken appropriate to your case to avoid getting your case subsumed into a system that could take months if not years to conclude. This is particularly of concern if the case is likely to be formally defended. If the proceeding issued are not defended then it is a relatively quick procedure months rather than years to obtain your judgment and to get it enforced. If there is no dispute to the debt then serious consideration should be given to using liquidation procedures. Serious consideration should be given to this process because it can avoid protracted “defended cases” as the process is quick even in the current pandemic and does not lend itself easily to an unmerited defence of your claim.

Prior to the pandemic the debt had to be over €10,000 for this process to be employed which has now recently been altered so that this process is only appropriate to debts that are €50,000.00 or above to give protection to debtor companies during the pandemic. The first step in this process is to serve a liquidation demand. To commence the process a document known as a statutory demand is served on the Debtor company personally at its registered office. The limited company has 21 days from the date of service in which to either pay the debt or dispute the debt. This stage of the process is not expensive. If the limited company takes neither option, a winding up petition can be issued and a liquidator is appointed to wind up the company.

The purpose of this process is to put maximum pressure on the debtor company to pay its creditor and it is highly effective in this regard because the consequences of being liquidated are obviously very serious. Apart from the fact that the company will no longer technically exist and will have to cease to trade there are consequences for the Directors of the company who may be restricted from remaining or becoming directors of any other company and there are financial implications for them in this regard. This is also relevant to where a creditor may seem to set up a “phoenix” company to void liability for the debt.

PLEASE CONTACT US

We hope this briefing note has been of assistance to you.

If you need assistance with debt collection in Ireland you are most welcome to contact Matthew Wales Solicitor by email or telephone 003531 2935110.

We would be pleased to discuss on an informal basis any issues you have with collection in Ireland or Europe wide through our Connexx network, with no obligation.

Jorge Castelló Gascó, Procurador de los Tribunales

Procuradores de los Tribunales are private professionals in Spain. To become Procuradores de los Tribunales we must prove we have a law degree; therefore, we have the same training as lawyers with a different specialism.

A particularly good example to understand our profession would be a comparison with family doctors and specialists. As Procuradores de los Tribunales, we have knowledge of all legal areas, but we are not specialists in any of them except for procedural law.

We are a unique profession in the world and take part in almost every Court proceeding assisting clients, lawyers, and Court. We are involved in the Court proceeding before the trial (helping to prepare all strategies and documents needed), during the trial, and after the judgment has been made.

How do we do that?

• Clients
◦ We do amicable collection before starting with court enforcement proceedings.
◦ We inform creditors of their options in Spain and provide, when necessary, a lawyer expert in the matter needed (we cooperate with hundreds of lawyers in Spain covering all legal areas).
◦ We represent them in all Court proceedings and make sure the Court proceeding is as fast as smooth as possible.
◦ We also can manage everything that is necessary for the client in relation to public administration.
• Lawyers
◦ Representing the client in court means we must work side by side with the lawyer organising the files and, when necessary, helping to choose the best defence strategy.
◦ We advise lawyers in relation to the rules that regulate the procedure and their particularities since, although the law of the specialty is fundamental, an error in the procedure can be very harmful to the interests of the client.
• Courts
◦ We also have a legal obligation to collaborate with the Courts, in such a way that, on a daily basis, we spend hours in the Courts reviewing files, speeding up procedures and correcting errors that slow down judicial procedures.
◦ Our collaboration with the Courts is carried out in such a way that we are the link between the judicial system, clients, and lawyers. We assume all communication between them.

Jorge Castelló Gascó, is the third generation of Procuradores de los Tribunales who have been part of the office located in Valencia. For this reason, he combines the accumulated experience of the firm together with the knowledge of the study of the most recent regulations.

We develop our activity throughout the Spanish territory under three fundamental premises: quality, efficiency and transparency.

For more information please do not hesitate to contact us on the following:

Tel. +34-96.391.86.61

E-mail: