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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11262
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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My ex-husband used my name 20 yrs. ago for the business and

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My ex-husband used my name 20 yrs. ago for the business and it went bankrupt .I have another family name now thru my new husband but one company or bank is still asking for money which i don't have.Is it still possible to apply for a private bankruptcy?.Please advice if what will i do i don't have any documents at all from all my debts which i did not do?
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,


thank you for using Just Answer.

May I ask:

Do they have a deed against you which can be executed ( Vollstreckungstitel) or did you have something notarized ?

Because if not there is a statute of limitation
Customer: replied 1 year ago.

The inkasso wrote the lawyer that i signed the vollstreckung which i don't remember because as i've seen in my passport i was not in germany at the time my ex borrowed money from the bank means falsch signature in my name it was imitated so i don't know if it is me who signed the vollstreckung titel and the bank ignored that i am not in germany when the my x borrowed money.Can i still apply for private bankruptcy?


 

Expert:  legal eagle replied 1 year ago.
Dear Customer,


first of all I would advice you to make sure that there is indeed a Vollstreckungstitel in your name

If there is you are indeed eligible for private bankruptcy

It is called Verbraucherinsolvenz here.

I would recommend to to to a Schuldnerberatung , but not a private one as this costs money but somewhere like Caritas or Diakonie


They are going to help you go through the whole bankruptcy procedure

I hope I was able to help


Have you got any further questions

Please feel free to ask









Customer: replied 1 year ago.

The Bank offered me to pay 20 thousand euro i don't have that.Actually what i know before that my x can get money from the bank worth 150 thousand D-mark to pay all his business bills but at the end of the month he give his income to the bank which is 150 thousand D-mark until it went bankrupt.What i don't understand is supposed to be we don't have debts anymore because after the bankruptcy they took the 150 thousand plus our bausparkasse wert papier worth 80 thousand.So why i still owe them?like 48 thousand euro and now offered me 20 thousand euro.Do i have to go to Amstgericht to get all my records?

Expert:  legal eagle replied 1 year ago.
Dear Customer,


maybe there is still a rest you have not paid and it added up because of all the interest

There is one thing you have to know , though

There is a statute of limitation on interests which is three years regardless of a Vollstreckungstitel

So they can only claim the interest from 2010 on, and nothing more


It is best to have al Schuldnerberater have a look at all the paperwork but this is probably the cause why the debts have mounted so high
Customer: replied 1 year ago.

Thank you very much for your help and wish you have a nice weekend

Expert:  legal eagle replied 1 year ago.
Thank you, XXXXX XXXXX to you


If I have helped I would be very thankful for a positive rating because this is how the expert gets credit

Thank you so much
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11262
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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