{"product_id":"vragen-28268-ik-heb-in-2013-geld-geleend-aan-een-duitse-vriendin-waar-ik-toen-een-relatie-mee-had-toen-zij-de-re","title":"Loan Collection: Legal Advice","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e \nIn 2013 I lent money to a German girlfriend with whom I was in a relationship at the time. When she ended the relationship I asked her to sign the loan as well, but she did not want to. I then sent her a registered letter demanding that she repay the loan in installments before the end of the year. She responded by email that she would not be able to do so, but that she would repay as much as she could monthly and that she would have repaid the entire amount by 1 September 2014 at the latest. Until May 2014 she repaid part of it monthly, but not since then and there is still an amount of approximately 2600 euros outstanding.\n I transferred the borrowed money to her via the bank, always stating 'loan'. I also received the repayments via the bank. \nHowever, she does not respond to my emails and phone calls at all. I have contacted her via her daughter on Facebook and she told her mother that I want my money back, but she has not yet responded. I then sent her another notice of default on September 17, with a term of 14 days, via her email and Facebook, also on her daughter's Facebook (and that has been read in any case)\n What steps can I take if she still doesn't report?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Good morning,\n\n You have a well-constructed file! If your girlfriend does not adhere to the two-week term that you have now set, then I think it would be a good idea to have a lawyer send a letter. This will show that you are really serious and want your money back. Strange eyes compel... A next step would be to obtain a judgment against your girlfriend via the European Payment Order, for example.\n \nPlease feel free to contact me to discuss this without obligation. I have experience with debt collection in Germany and would be happy to assist you in this matter.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Day,\n You have sufficient proof of the loan, but you have not yet sent a registered letter apparently. I advise you to send a registered letter with a demand to repay the remainder of the loan within 14 days or to comply with the repayment agreements made (you can now claim the loan at once, but you can also still allow repayment).\n You can also state that, if you fail to do so, you will take legal action through a lawyer and that you are entitled to statutory interest and compensation for your (extra)judicial costs.\n What is important is who lives\/lived where in relation to the question of which law applies.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Please note: At least if you have been injured in Germany during the loan, German law applies. The differences are certainly not very big, but sometimes details are important!\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIt is wise to first send a registered letter of formal notice, in which she is requested to repay the loan within 14 days. If payment is not made, you will have to take legal action to recover the claim. Does your ex-girlfriend also live in Germany and where did you live when the loan was granted?\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n I live, and lived, in the Netherlands all that time. Living together was not yet an option. The ex-girlfriend lived in Germany all that time.\n\n In that case, I will first send a registered notice of default by post and see if she accepts it.\n\n I will report back soon.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Whether or not she accepts the registered letter is not important. In principle, the risk of not accepting\/collecting a registered letter is borne by the addressee. Keep the proof of sending and a copy of the letter.\n Success!\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nAfter the first reactions I took the advice of a registered letter. I sent this via PostNL and via Deutsche Post on September 24. Both letters arrived on October 2, a picture of the signature can also be requested from Deutsche Post. I sent a third letter on October 1 via Hermes Versand (also via Germany) and that was delivered on October 6. The one via Hermes Versand was without a signature for receipt, but with this organization you can also follow the progress of the mail items online.\n\n So now she has received three identical letters with the notice of default, two on October 2 and one on October 6. So far she has still not responded or paid.\n\n What could be my next step now?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You will now need to engage a lawyer\/bailiff. Often a letter from them will help. If not, they can proceed to summons. Feel free to contact me.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n Good evening,\n \nI would be happy to assist you in this matter. As previously stated, I have experience in collecting monetary claims in Germany, including with the intervention of the court and German bailiff. If the claim cannot be collected amicably, we can examine the various options together and initiate the best solution for you.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If desired, I am happy to help you further with the collection of your claim. As a lawyer, I have many years of experience with the collection of claims and the execution of judgments in Germany. You can contact me without obligation and free of charge for further consultation.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n If you now want to hire a German lawyer I would be happy to help you. These costs your girlfriend must reimburse according to German law.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55014779617629,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-28268-ik-heb-in-2013-geld-geleend-aan-een-duitse-vriendin-waar-ik-toen-een-relatie-mee-had-toen-zij-de-re","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}