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José M.
José M., Attorney
Category: General
Satisfied Customers: 5787
Experience:  Spanish Attorney
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I need an English lawyer to help me interpret the procedure

Customer Question

I need an English lawyer to help me interpret the procedure for serving a claim out of jurisdiction. I am the defendant, living in Spain, and the disputed contract was performed in Spain. I was served a claim by post from the UK by the claimant's lawyer (accompanied by Form N510). My question is, can a lawyer serve a claim by post (without permission of the English court) or must he conform to the rules of Council regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters? As far as I understand it, this Regulation requires a claim to be served through a UK transmitting agency to the Spanish receiving agency, which must then serve the claim according to the rules of the Spanish legal system. Is this correct or can the UK lawyer merely post the claim to Spain from the UK?
Submitted: 3 years ago.
Category: Spain Law
Expert:  José M. replied 3 years ago.

Attorney3044 :

Hi, there ists no way to be demanded by mail

Attorney3044 :

A legal demand becomes from a court, not from a lawyer directly

Attorney3044 :

Once the demand go to court, they staudy its competence and send a copy to the demanded person

Attorney3044 :

A lawyer can no demand directly

Attorney3044 :

I ill be here if needed

JACUSTOMER-lrv1eyhi- :

Hi again, I was trying to get a UK lawyer to answer from a UK legal position. I agree that in Spain it would be wrong to send a claim by post and that it must be done through the Spanish court ... but in the UK I believe it is different because the English lawyer can serve a claim without the permission of the English court ... if he sends a statement with the claim that says the English court has the power to hear the case under the terms of the Lugano convention and the Brussels Regulation. But in my case neither of these rules allow a defendant living in Spain to be tried in the UK.

JACUSTOMER-lrv1eyhi- :

I am trying to find out from an English lawyer if a claim (a demand) can be served from the UK by post under UK law.

Attorney3044 :

Well, please ask again in the UK law category and then an english lawyer will answer you

Attorney3044 :

Thank you

JACUSTOMER-lrv1eyhi- :

I thought I had done that! Sorry ... I will try again!

Attorney3044 :

than kou again

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