Question about debts? Discover the right of retention!


Questioner

i have a question, my girlfriend has a problem with her ex about stuff and borrowed money. the ex who wants all his stuff back but doesn't realize that he still has a debt list in black and white, both sign that it will be paid back in time. now my question is, can you go against that and hold on to his stuff until he has paid everything back as a kind of cover? it's not about 5 euros but about 3000 euros in total and if you weigh that against each other, his stuff pales into insignificance, it's about a laminating machine that you can buy at Action for a total of 5 euros. Should you hire a lawyer in this situation?

Lawyer

In this case, you can inform this ex in writing that he will not receive the goods back until he pays the outstanding claim within a reasonable period of time. You then invoke the right of retention (this means keeping the goods until the debtor has paid). You can clearly state in the letter that if he cannot do this, you will hand over the claim and/or proceed to sell the goods. If you would like further assistance and/or advice, you can always contact us. Please note that everything goes through the correct channels, otherwise you can be held liable for damages suffered.

Lawyer

Your girlfriend could hire a lawyer because she apparently has a claim on her ex-partner. It seems to me to be a claim that can be enforced, but to be able to judge that properly I will have to see the relevant agreement. Your girlfriend apparently appeals to a right of retention and that seems justified to me for the time being.

Lawyer

Your girlfriend can make use of the so-called right of retention, she then keeps the items that are currently in her possession with her as security. I can help your girlfriend further by writing a letter based on law and regulations with a fairly strict response period and possibly offering a payment arrangement.

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