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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11230
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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If a German company hires a German lawyer to send a cease and

Resolved Question:

If a German company hires a German lawyer to send a cease and desist notice to stop

direct mail that is being mailed from a U.S. firm from the United States, to the company in

Germany does the mailer in the U.S. have to pay for the legal fees of the lawyer in

Germany? I received the cease and desist notice which we will abide by and send no more

mail to the other company in Germany but do I have to pay for the lawyer's fees who sent

me the cease and desist notice. He says I have to pay his fees by German Law.

This has not gone to any court and is just a letter asking us to stop mailing our mailer to

their client.
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.
Dear Customer,

thank you so much for using Just Answer.

May I ask


What is the exact content of the cease and desist notice ?
Customer: replied 1 year ago.


The cease and desist notice simply asks that we stop mailing to his


client. We send out free trials all over the world and have done so for 23 years. We do get a notice once in a while to send no more "junk mail"


to people and we abide by all of the requests. We have never had a lawyer tell us however that we have to pay his fees for generating his letter.


He says if I do not pay his fees he will create a lot of issues for me.


 


 

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



thanks for replying.

As you did not do anything wrong you do not have to pay the lawyer´s fees for the letter

He is just demanding his fees from you so his client does not have to pay them

An exception would be if he had already demanded that you stop mailing and you did not abide or did not abide within a certain deadline


But if this is not the case there is no legal obligation to pay lawyer´s fees


Please tell me if there are any more questions

Thank you
Customer: replied 1 year ago.


ok


 


He says that our mailer is illegal in Germany even though we have been mailing it for 23 years and never had an issue with it in Germany or any other country for that matter.


I think he is just saying that to try and push me into paying his fees.


 


Do German lawyers often ask for the other party to pay their fees?


 


Bill

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

oh yes there totally asking for the other party to pay their clients fees

This is the habit so the client does not have to pay them

Fees are quite high I assume?
Customer: replied 1 year ago.


The fees are 755 euros. Which is a lot for a simple letter.


 


He did put a deadline of July 12 to notify him that we will not mail to his client anymore, and to pay his fees also.


 


I plan to only send him a notice that we will not mail to his client anymore.


 


Is this appropriate

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

yes.

Does he have a letter for you to sign ?
Customer: replied 1 year ago.


no he does not have a letter for me to sign


 


I was just going to send him an email

Expert:  legal eagle replied 1 year ago.

Dear Customer

 

 

 

 

 

ves because I would have warned you not to sign his letter An email should be sufficient

 

 

 

 

Have you got any more questions ? Please be my guest

Customer: replied 1 year ago.


He says that if we mail to his client again the law in Germany says


 


I have to pay a 5100 Euro fine to his client?


 


Is this true?


 


 

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

no that is not true as you did not sign anything


Customer: replied 1 year ago.


ok


 


Thank you very much.

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

if I have helped I would very much appreciate getting a positive feedback

thank you so much
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11230
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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