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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11114
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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I have a "friend" that I lent 500 euros to pay their rent.

Resolved Question:

I have a "friend" that I lent 500 euros to pay their rent. In addition, they owe me another 400 euros for items that I have purchased for them. They have gone past the agreed upon date to repay me and are now ignoring my requests for repayment. Is there a legal avenue that I have available to me to recover my money ??
Submitted: 11 months ago.
Category: German Law
Expert:  legal eagle replied 11 months ago.
Dear Customer,


thank you so much for coming here to this site.

The lending legally is considered a loan and according to German Law you have to prove that it is a loan an not a gift so it would be good if you has something written to prove it.


Also you have to demand the loan back in written form so you can prove that you wanted it back.



If they do not repay you you can either go to court or issue a payment order.


By the way: are you sure that you want German Law?
Customer: replied 11 months ago.


Thank you for your response. Yes I am sure that I want German law as the individuals that I lent it to are German and I currently work in Germany.


 


I do not have any documents that I lent them the money but I do have their acknowledment that I lent them the money and that they were to repay me in facebook conversations and text messages. Would that assist me ??


Additionally, I have friends that can attest that they owe me money.


 


 


 


 

Expert:  legal eagle replied 11 months ago.
Dear Customer,


thank you for your response.

I saw that your question was originating from the US so I asked.

I get a lot of questions that are really US Law.


As you need to prove your claim witnesses are just as good as written documents.





If the acknowledgement is in written form it serves as proof as well.




As to the legal avenues:


First you can go to the Amtsgericht ( your local district court) Rechtsantragsstelle.

These are officers that formulate the claim on your behalf and their work is free.

You should take with you all the means of proof you have got concerning that matter, i.e the witnesses´addresses and printouts of the facebook conversations.


You just have to pay the court fees which are about 100 Euro.


You win the case the defendant has to pay all the costs.





A second way is a court order ( Mahnbescheid).


You have to go online for that and fill in papers and send them to the Mahngericht, which is a special court that varies from region to region.


The defendant gets these papers and if he does not contest the claim within a fortnight you have a court order which can be executed.


The only thing is filling in those papers is quite complicated




I hope I was able to help


Please ask should anything remain unclear









Customer: replied 11 months ago.

Thank you so much for the assistance. This was indeed helpful. One last question. Do I need to send then the demand for payment letter prior to executing these options.


 


I understand the confusion about the US bit. I am from the US but work for the US govt in Germany at the moment.

Expert:  legal eagle replied 11 months ago.
Dear Customer,


yes, I would strongly recommend that.

The reason is if you file a motion and they acknowledge your claim right away you might have to pay all the costs if you cannot prove that they gave you a reason to file the motion.



In order to prove that you have to write them a letter, set them a certain deadline ( 5th of October, always a certain date , not like "within a fortnight")and demand they pay you back



I hope I was able to help


Please tell me whether you are ready to give me a positive rating or if you have further questions which I´ll be glad to answer
Customer: replied 11 months ago.


Thank you. I will send the letter in the post today.


 


Thank you again for all of your assistance with this matter. It has been a great help.


 


 

Expert:  legal eagle replied 11 months ago.
Thank you


If you are satisfied with my answer I get credit by your clicking on a happy face
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11114
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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