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a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1616
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
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I have lived in Germany as an international student from 2002

Resolved Question:

I have lived in Germany as an international student from 2002 to 2004. I had come back to my native country due to personal reasons thinking that I can go bac again. But due to other severe reasons, I was not able to go back to Germany and continue my studies. At that time in 2004, I had some credit card debt of around 200 euros, an O2 handy contract which I had paid for 18 months. Even I could not close my AOK insurance account also. I do not have any communication on any of these afterwards. So, my question is do any of the above debts create any criminal record for me? If i want to visit germany or any other schengen country, will it be difficult for me to get a schengen visa? What should I do to correct if there is any criminal record? Please guide me on this.
Submitted: 1 year ago.
Category: German Law
Expert:  a.merkel replied 1 year ago.

a.merkel :

Dear customer,

a.merkel :

thank you for using Justanswer.

a.merkel :

You are concerned about your debt, or was there a criminal complaint against you?

Customer: Actually both
Customer: I would like to know the consequences of the debts and ways to correct them if at all possible now
a.merkel :

The debts are important, if the debts were determined against you in the court proceedings. Otherwise, the debts are now barred.

a.merkel :

Should the debt been set in an enforceable title, so you may be prompted for the visa application or entry to pay.

a.merkel :

Debts are no big deal, but you should expect to be asked to pay.

a.merkel :

A court enforcement can be a problem, if you can not pay.

a.merkel :

Do You have some understanding questions?

Customer: Yes. Will this court enforcement be a criminal charge? Will this prevent me from entering any schengen country now?
a.merkel :

Because of what crime is a criminal complaint against you?

Customer:

Because of all these debts not being paid

Customer:

If I apply for a schengen business visa from other schengen embassy like Netherlands or Norway, can they deny me granting visa due to these debts?

a.merkel :

Just because you have not paid, they are not prosecuted.

a.merkel :

A judicial enforcement to pay is not a criminal, for example due to fraud.

a.merkel :

A judicial enforcement to pay only serves, that the Statute of limitations occurs after 30 years and the creditor against you forcibly to enforce.

a.merkel :

If you get problems with the visa application is depending on the way the creditor operates pan-European enforcement, or not.

a.merkel :

I think 200 euros of debt are not enough to run a pan-European enforcement against you.

a.merkel :

Eine Vollstreckung ist nicht kostenlos. Der Gläubiger muss die Kosten zunächst aus der eigenen tasche bezahlen.

a.merkel :

Sorry I wrote in german. In english: Execution is not free. The creditor must first pay the costs out of his own pocket.

a.merkel :

That's too expensive for 200 euros.

Customer:

Apart from Credit card, how about the mobile contract and AOK bills?

Customer:

are you sure that my name will not be added to Schengen Information Systems alert for these debts?

a.merkel :

You have also debts or you just have not terminated?

Customer:

I have not terminated

Customer:

and I have around 6 months left on my mobile contract

a.merkel :

The mobile contract is not a problem.

Customer:

I did not terminate AOK contract also

a.merkel :

Do you had a a fixed-term contract?

Customer:

I am not sure. I used to pay monthly.

a.merkel :

Possible that your health insurance has been coupled to your Visa.

a.merkel :

The Contract will finished, withe the Ende of the Visa.

a.merkel :

Some more understanding questions?

a.merkel :

if not, please give a positive rating. Thank you.

Customer:

Will I have any problems in getting a Schengen visa now? Will these debts be recorded against my name as criminal records? Will I be detained by immigration officials if I enter any Schengen country? Please help.

a.merkel :

Like I wrote before, it depends on your creditors, not on the law.

a.merkel :

I can not predict how far your creditors will going to get the money.

a.merkel :

If its only the depts of 200 euro, so there I cannot see any problem.

Customer:

so, you say that AOK and mobile debts will not have any problem for visa? Am I correct?

a.merkel :

The contracts can only be a problem if you also have debt from it, because you have not terminated the contract and have paid no contributions since 2004.

Customer:

How can I know if there is pan-European enforcement against me?

a.merkel :

The insurance can be such a problem if you dont have a fixed-term contract, as I have already written.

a.merkel :

Unfortunately not at all.

a.merkel :

No one, knows apart from the creditors, whether your entry is registered in this or not.

a.merkel :

Regularly you don't get problems upon arrival because the creditors then have a way to get your money.

a.merkel :

Some more understanding questions? If not, please give a positive rating. Thank you.


Customer:

"Unfortunately not at all.".. Can you please clarify this as I am confused? I am also confused because of your english. Please tell me whether you are positive or negative about my schengen visa application?

a.merkel :

Ok. I will try. I cannot say YES or NO complication with your schengen visa application, because the problems depends on the creditor. I cannot say what he will do and how many cost he will invest to get his money back. You must know, that you will get problems if there is an legal punishment against you. the enforcement modest is not an legal punishment, its is just an legal titel, that allows the creditor to do enforcement measures against you for 30 years.

a.merkel :

enforcement measures does not mean the automatic data dissemination to the visa authorities. The creditor can do this, but it will cost a lot and he must know, that you will come the EU.

a.merkel :

Did you understand?

Customer: So, I would understand that even though my creditors obtain enforcement judgement against me, it's only civil but not criminal. Generally for what amount of debts will creditors inform visa authorities? Thank you.
a.merkel :

Yes, You get it. five-figure sum and more.

a.merkel :

usually.

Customer: Thank you very much for your information.
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 1616
Experience: 1.+ 2. Staatsexamen; LL.M.(Master of Law)
a.merkel and 2 other German Law Specialists are ready to help you

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