General statute of limitations in Germany

Dear Toytown members,

I hope you can help me.

Due to very serious personal reasons a dear friend of mine left Germany in august 2003, his german bank account had a 500 euro overdraft. When he came back to Germany he was unemployed for 3 years. He started working this year. At the beginning of this year the bank started sending letters through their lawyer demanding for the money. Of course he let them know he wants to pay but they keep on adding further interests and making things more stressful and difficult.
I don't think they have a title on the debt as they just sent him a Mahnbescheid and I would like to know if there is a general statute of limitation applicable as this is an ''old'' debt and at which law he could refer to.

Thank you all in advance for your help

When did the Mahnbescheid (court order) arrive?
Has it been followed by a Vollstreckungsbescheid (executable writ) yet?
The bank will surely want to obtain such a writ to secure its claim, the limitation on such a writ is 30 years from its effective date (Datum des Vollstreckungsbescheides). I advise your friend to 1) see a lawyer or the local Rechtshilfestelle at the Amtsgericht (County Court); 2) contact the bank or collecting agency up front requesting a feasible compromise.
If he does not to this he can find his new bank account impounded and his salary garnished, so act fast.

Thank you very much for your quick answer, the Mahnbescheid arrived about 1 month ago and he did a Widerspruch only for the zinsen not for the all amount, 2 days ago they sent the Vollstreckungbescheid and he already sent an Einspruch. Doesn't he have 15 days to dispute the Vollstreckungbescheid?

...and also: can they legally come after him after so many years without having previously obtained an executable writ?

I am not a professional in the field but the general statute of limitation is three years (BGB §195) though I cannot imagine that this can be simply applied to an overdraft. Wouldn't that mean that after a period of time the bank had no obligation to give back any money you had deposited?
Opposing a court order or writ with no grounds will lead to further costs which you will have to pay.

This will lead to a court dispute unless your friend can get the bank to compromise pdq. Get a lawyer.


Get the bank's T&C and find out what they say about debts from overdrafts etc. If your friend accepted them way back then the bank is justified in claiming the debt now. Again: Get a lawyer.

a lawyer because of 500 eur + interest? Seems a little excessive for me, can't be more than 1000 eur and a lawyer + court case will probably be more expensive.

Why don't you just pay? I mean your friend spent the money on something, left the country and thought somehow everything will be good ... that's not really how it works.

They have one, It doesn't matter that he sent the Einspruch, a Vollstreckungsbescheid can be enforced even if he appeales. It's a totally different matter though if the bank wants to execute the writ, as they would have to pay damages if the court finds their claim without basis. The problem with the statute of limitation in this case is if § 497 III BGB applies. If that is the case the bank has a valid and enforcable claim. So to sum it up, he should talk to a lawyer (there is no Rechtshilfestelle in the Amtsgericht, it's a Rechtsantragstelle. The Amtsgericht is legally not allowed to provide legal aid themselves).

Thank you so much for the helpful answers!

Could anybody reccommand a good (with balls!! ) english speaking lawyer operating in the Hannover area?

Thanks

Why not just pay up, now your "friend" is working again, or have I missed something here?