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José M.
José M., Attorney
Category: German Law
Satisfied Customers: 6058
Experience:  Spanish Attorney
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I have been convicted in Bulgaria (wrongly) from a friend,

Customer Question

Hello, I have been convicted in Bulgaria (wrongly) from a friend, based on a note he did himself that I owe him 6000 euro, because of the fact that this is how our justice system works- if you know someone everything that you say is true. Even in the expert decision it is said that the signature is PROBABLY mine. I am living in Germany at the moment and with the fact that this is not true I do not want to pay the whole amount and I do not have it aswell. So my question is – he will start enforcement case in Bulgaria, but there I have nothing, so I am sure that this will come to Germany. Here I have nothing on my name too, but I want to know how does the system here works in this case. I am working , married and live on a rent. I have 2 credits here too.
Submitted: 8 months ago.
Category: German Law
Expert:  José M. replied 8 months ago.

Hi there. The Creditor must probe the debt in Germany first. It is not easy asn must do it according Germany law

Once he gets the tittle to sue you he must start a second procedure where the best he could do is to sue you according the law

So, I think it is going to be so hard he spent money to sue you in Germany that he probably do nothing for that little money The money he will have to invest will be higher than that and he wil take the risk to lose the procedure

José M spanish atorney

Customer: replied 8 months ago.
Ok, but as my Bulgarian lawyer told me, as he won the case in Bulgaria and there is a decision from the Bulgarian court, he can just give the desicion to a German bailiff and he must start collecting the money from me. So If I understood you correct this will not be possible
Expert:  José M. replied 8 months ago.

The bulgarian court has no relevance in Germany, its not legal

First the creditor has to make it legal in Germany, and once he got it, he will have to start a second procedure to sue you

The bulgarian sentence is not legal in Germany directly

Customer: replied 8 months ago.
there is nothing to be worrying about. And one more thing. If somehow he succees to make it - what will follow? I mean I am still with Bulgarian passport, I am not citizen of Germany yet as I have been living here for 2.5 years only.
Expert:  José M. replied 8 months ago.

Yes, If I were you I will be not worried about it

Expert:  José M. replied 8 months ago.

I gently ask for a good rate of the service, Thank you

Customer: replied 8 months ago.
one more thing. If somehow he succees to make it - what will follow? I mean I am still with Bulgarian passport, I am not citizen of Germany yet as I have been living here for 2.5 years only.
Customer: replied 8 months ago.
I mean if he make it legal here , and all goes wrong.
Expert:  José M. replied 8 months ago.

If he goes ahead the worse is that they could sue you and seize your goods. No prision for debts.

You pay according you could and thats all

Expert:  José M. replied 8 months ago.

But to start the procedure he will have to contract a German solicitor and spent money without warranties to be suscesfull

Customer: replied 8 months ago.
I do not have that money , and have nothing on my name here in Germany, so if I got it right the worst thing will be to take some ammount from my monthly incomings? What is that ammout? I mean as I have 2 credits, rent and bills to pay
Expert:  José M. replied 8 months ago.

yes, he could do nothing bucause you have nothing left to be seized....

So why he could spent money to get nothing? I suppose he will do nothing at all

Customer: replied 8 months ago.
what about the legal ammount % or whatever from my incomings that they might take? As far as I saw he will do anything to get those money
Expert:  José M. replied 8 months ago.

Thats it the maximun he could get Few money from the risk he have to asume

Customer: replied 8 months ago.
Ok thank you
Expert:  José M. replied 8 months ago.

Thank you

Please do not forget to rate positively the service

Expert:  José M. replied 8 months ago.

If you do not need more help, please to rate positively the service, Its important for the expert

Thank you