Uk citizen with debt in Germany, please help.

[gerson]

Hi Keldavmet,

 

You are in good hands with the Brig.

 

I have attached a file that may give you some insight into the German Debt recovery laws - I am by no means an expert.... but like you I too live in Germany and wanted to understand the consumer debt law incase I fell behind with any consumer debts I had/have. I think the file was origionally gleamed from sources in 'toytown' or one of the other 'expat' sites.

 

viel Glueck!

 

Ggerman debt law.doc

[gerson]

Hi Both,

 

Sorry if I opened a can of worms there.

 

I must confess that my knowledge of the laws here in Germany are not complete in any way shape or form.

 

Was only trying to help, I especially liked the bit about the 3 year SB..

 

Good luck with the research Brig and I hope that you can get the SB 'grounded'

 

I will try doing some research myself on this

 

Good hunting

 

G

[gerson]

Hi,

 

I have found this:

 

 

According to German civil law claims are generally statute-barred after 3 years. To interrupt the running of the period of limitation it is necessary to initiate court proceedings before the 31.12. of every year at the latest. In case of limitation of action no further court proceedings are possible and excluded by law. To levy execution against the debtor's goods and property is not possible afterwards.

 

So IMHO they must commence proceedings before the 31st December of the third year after the 'cause of action' and each subsequent year thereafter. Can you check all of the paperwork you have and verify the dates.

 

I hope the BRIG can verify this as the above translation is not very accurate/concise

 

G

 

I am NOT of the 'legal' profession and these are my own understandings and findings

[gerson]

Thanks for 'tickling' my star

 

Glad to be of service sahr! (I think that is how it is said)

 

Hope it helps the OP

 

G

[gerson]

Hi,

 

For the legal eagles helping here.

 

I have found this - English version of the German civil code (Division 5 I think is what you need to look at)

 

Hope it helps

 

http://www.gesetze-im-internet.de/englisch_bgb/index.html#gl_p0635

 

Web site gives option to download in PDF

 

G

[gerson]

Hi Keldavmet,

 

Any update?

 

G

[gerson]

Hi Keldavmet,

 

Sorry that things didn't go as well as planned.

 

Keep your head down for a couple of years and hopefully this will blow away......

 

Remember that if they do track you down in DE that any mail being delivered will not arrive if your name is not on the letter box!

 

G