Query: How can I recover a large sum of money owed by someone who is now in London?

Recovering debts from a debtor who has moved abroad can be complex, especially when the debtor relocates to a country like the UK. There are several steps and considerations involved in pursuing debt recovery internationally from the Philippines.

Understanding the Legal Framework

The Philippines and the UK do not share reciprocal legal enforcement agreements specifically for the enforcement of private debt judgments. This means a judgment obtained in the Philippines is not automatically enforceable in the UK. However, you can still take legal actions by initiating procedures in both countries.

Steps to Take

Legal Consultation: Before taking any steps, consult with a lawyer who specializes in international debt recovery to understand the specific challenges and legal requirements. A lawyer can advise on the feasibility of pursuing the debt in the UK based on the amount and the evidence available.
Issuing a Demand Letter: Begin by formally demanding repayment from the debtor with a demand letter sent to their address in the UK. This letter can lay the groundwork for further legal action if the debtor fails to respond.
Filing a Case in the Philippines: You may file a civil case in the Philippines to obtain a judgment. This step is necessary to establish the legitimacy and exact amount of the debt officially.
Foreign Legal Action: Once you have a Philippine court judgment, you can use this to initiate legal proceedings in the UK. The process typically involves hiring a solicitor in the UK to bring the case to a UK court for recognition and enforcement of the foreign judgment.
Enforcement in the UK: If a UK court agrees to enforce the judgment, the usual enforcement measures available within the UK, such as garnishing wages or seizing property, can be applied.

Challenges and Considerations

Cost: International debt recovery is costly. Legal fees in both the Philippines and the UK can be substantial, not to mention the additional expenses of translation, notarization, and apostille certification.
Time: The process can be lengthy. Obtaining a judgment in the Philippines and subsequently in the UK can take several years.
Collection Feasibility: Assess the debtor’s assets in the UK. Recovery is only feasible if the debtor has sufficient assets to satisfy the claim.

Alternative Approaches

Negotiation and Settlement: Sometimes, it's more practical to negotiate a settlement. Mediation can be a useful approach, possibly involving legal representatives from both countries.
Selling the Debt: As a last resort, consider selling the debt to a collection agency. While this usually means recovering only a fraction of the debt’s value, it can be a quicker way to recoup some losses.

Conclusion

Recovering a debt from a person who has moved from the Philippines to the UK involves navigating legal systems across two jurisdictions. It requires careful planning, significant resources, and strategic legal action. Always weigh the cost against the potential recovery and seek expert legal advice to determine the best course of action.