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Situation: I'm currently looking at moving to Germany as a…

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Situation: I'm currently looking...
Situation: I'm currently looking at moving to Germany as a U.S. Gov Contractor covered under SOFA. I have judgements against me for over 100K that are payable to my Ex Wife attorney which was awarded by state court.Question: Will my ex wife's attorney be able to enforce this jusgement in Germany and if not can you point me to the law concerning this matter?
Submitted: 4 months ago.Category: German Law
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Customer reply replied 4 months ago
Additionally, the U.S. Court ordered me to pay another attorney in the case approximately 100K in legal fees to represent my children, and unfortunately during the process I was unable to pay my attorney so for the most part I was unrepresented in Court. From what I read, the judgements against me might not be enforceable in Germany since it might violate pubic policy.
Customer reply replied 4 months ago
finally, some of the monies were awarded to my ex wife's attorney because I failed to provide discovery to my ex's attorney. Which if I am correct might also violate Public Policy in germany.
Answered in 11 hours by:
11/27/2017
Lawyer: legal eagle, Attorney replied 4 months ago
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,610
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
Verified

Dear Customer, if there is a deed that can be executed SOFA does not protect you from that

This is in Art 34 ZANTS

They military is going to assist German executors in executing

However you cannot be arrested

I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.

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Customer reply replied 4 months ago
Still didn't really answer my question. My understanding is that certain foreign judgements are not enforceable such as judgements for punitive damages since they are against public policy. So as part of my question does judgements for outrageious attorney's fee violate german public policy since those same fees can not be awarded in a German court.
Lawyer: legal eagle, Attorney replied 4 months ago
I have asked whether there is a deed from a court
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Customer reply replied 4 months ago
I'm not sure what you meen from deed. In the states if the court orders attorney fees to an attorney from a divorce/custody/child support action, the person ordered to pay those fees are ordered to pay within 30 days. If they don't the attorney can ask the court to enroll a judgement against the debtor and once that happens judgment intrested is attached and the judgment creditor can garnish wages, bank accounts, and also go after property. The judgment is only good for the particular state, and in the U.S. if you move it needs to be domesticated in any state that the debtor has wages or property in if the judgment creditor is going to try and collect in those places. My understanding is that my ex's attorney would have to domesticate his judgments in Germany and that I may be able to bring up an objection there that it violates public policy since the judgment is for attorney's fees.
Customer reply replied 4 months ago
FYI, in the states the judgment is pretty much impossible to enforce since all my property is exempt from judgements, and my paycheck is already garnished 25%. So no chance of collection here. My fear is that in Germany I would not have the same protections unless the attorneys fees are determined to be against public policy. However, I am not seeing any reference to this directly, however the law seems to infer it.
Lawyer: legal eagle, Attorney replied 4 months ago
Have you got an official paper from court? This is always inforceable
It can also be for lawyer‘s fees which the party who loses has to pay
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Lawyer: legal eagle, Attorney replied 4 months ago
It is called Kostenfestsetzungsbeschluss
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Customer reply replied 4 months ago
I've received the paper from the U.S. Court. However, since the amount is according to the schedule more that 20 times that of what any german court would award to an attorney, would the german court see this is against public policy just like german court's refused to enforce U.S Judgement for torts where puntive amounts where awarded?
Lawyer: legal eagle, Attorney replied 4 months ago
How do you know that it is 20 times more ?
Let me have a look
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Customer reply replied 4 months ago
Start of litigation, I paid her attorney 15K per court order, or I would be sent to Jail for no doing so.Then I was later ordered to pay another 5K to her attorney.Then when the divorce was finalized, I was ordered to pay another 36K. So becasue of these ammounts I wasn't able to afford an attorney, which end up costing me 56K for the divorce.However, litigation continued afterwards for post divorce action because my ex refused to follow the court order concerning visitation which cost me another 18K in judgements by the same lawyer. Then just recently because yet again my ex didn't want to follow the visitation order the divorce the court put another 9,600 judgment against me in favor of my ex wifes attorney.But that's not all of it. The kids had their own attorney represent them, where I was first ordered to pay him 4K, which I did. And later during the process, the court ordered me to pay him another 14k, and then another 7K, and at the end of the divorce I was ordered to pay another 21K.Then for post divorce actions I was ordered to pay yet anotehr 15K, and then again another 7K. FYI, all these judgements come with a 12% judgment interest rate. After the whole process, I filed bankruptcy, however unfortunately the bankruptcy court ruled that these judgements are not dischargable.Now with that said, it is my understanding that an attorney in Germany typically only gets a couple of thousand dollars for a divorce, and that these costs are fixed by the court. Wherease in the U.S. the attorneys are about to say there hourly rate is $450 and whatever time they spend they are permitted to ask the court to order the other side to pay. Additionally in family law it doesn't matter who prevails so much. Meaning, you can be the winner and still end up paying the othersides attorney's fee.
Lawyer: legal eagle, Attorney replied 4 months ago

Dear Customer,

I need to see the deed

I am the expert you can only guess, for example about lawyer`s fees

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Customer reply replied 4 months ago
What is a deed? I'm not sure what the American equivalent is?
Lawyer: legal eagle, Attorney replied 4 months ago

Kostenfestsetzungsbeschluss from court

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Lawyer: legal eagle, Attorney replied 4 months ago
Here from WikipediaA deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.[1]
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Lawyer: legal eagle, Attorney replied 4 months ago
If you cannot provide me with the informations I need , I‘ ll have to withdraw
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Customer reply replied 4 months ago
Ok. I think you are looking for one of the court orders that orders me to pay. In the states they are just called an order, judgemet, or a decree.Here's a link to one of the orders: https://drive.google.com/file/d/14i791gT5KpdSvpM3ZYBiCgaIaArTaIno/view?usp=sharingNote, I highlighted the part of the order granting attorney's fees which start on page 16. Note, this is just one of the orders granting fees, but they all pretty much follow the same formula in this order.
Customer reply replied 4 months ago
Additionally here's the suppliment to the order which explains the judges reasonings. https://drive.google.com/file/d/1NSNxMDG5UpN6KGdm-KkAnPZO1agRLLBn/view?usp=sharingNote, page 5 talks about discovery violatons and that I am being sanctioned 15KPage 76 start in about reasoning for awarding attorney fees to my ex's attorney.Page 82 is about fees to the Best Interest Attorney (Childrens' attorney.)It's interesting to note in the states, non parties to a law suit such as a Best Interest Attoney and a Plaintiff's attorney can seek monies and be granted those monies along with judgements against either or both parties. All of which I believe is impossible to do in any court in Germany. At least that's what I have read about German law.
Lawyer: legal eagle, Attorney replied 4 months ago

Ths is US Law no German law

Better turn to a colleague from the US

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Customer reply replied 4 months ago
I know U.S. law. The question here is about enforceablity of a this particular U.S. judgement in Germany. Which a U.S. lawyer has no expertise in. I already know about its enforceablity in the states.
Lawyer: legal eagle, Attorney replied 4 months ago
Dear ***** is possible to have a U.S. judgment recognized in Germany as long as it is not some kind of judicial or out of court settlement and as long as it is not only a temporary order or an injunctive relief order or a judgment that is not final, but still appealable.
The principles of a recognizable U.S. judgment under German law are similar to the principles that are spelled out in the Uniform Foreign Money Recognition Act in the United States.
Upon recognition, the foreign judgment must be declared enforceable and must be enforced by for instance garnishing assets, wages, and pension benefits as long as these assets are located within the German jurisdiction and one has information about the assets and the assets are in the debtor’s name.
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Lawyer: legal eagle, Attorney replied 4 months ago
It is a long and complex procedure
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Lawyer: legal eagle, Attorney replied 4 months ago
The problem also would be ordre public
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Customer reply replied 4 months ago
I need the proble would be "ordre public". And that is the jest of the question does it violate "ordre public" and therefore the judgements not be enforceable in Germany?
Lawyer: legal eagle, Attorney replied 4 months ago
This I cannot answer on this platformThere is no yes or no , every court could see it in a different way
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legal eagle
legal eagle
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