Ask a lawyer on the topic of Civil law

Do I have to pay twice?

October 8, 2015 | 50,00 EUR | answered by Jan Wilking

17 years ago, my wife and I borrowed 2500 DM from my wife's brother. We repaid the full amount in the same year. Now, after 17 years, he is demanding that we pay him 1280 €. He claims that he never received the payment. Unfortunately, I no longer have bank statements from 1998 to prove that I made the payment. Now the question is: Can my brother-in-law demand the money again? Best regards, Runner

Jan Wilking

Dear seeker of advice,

Thank you for your inquiry, which I would like to answer as follows:

I assume initially that no written contract was concluded regarding the loan. Otherwise, I would ask you to submit the wording as part of the follow-up option.

Basically, with the repayment 17 years ago, you fulfilled the repayment claim and your brother-in-law cannot demand the money again.

However, the problem here is the evidence: If your brother-in-law can prove the loan agreement (it could also have been a gift) and the payment of the amount, then you would have to prove the repayment that has already taken place. This does not necessarily have to be proven by bank statements (even though this is the easiest way), but can also be proven by other evidence such as witness statements. In your case, you may also be entitled to some relief in proving, as the long period of time between the loan payment and the current demand for repayment appears unusual.

You may also be able to rely on the statute of limitations. This depends on whether a specific date or deadline for repayment was agreed, as the statute of limitations generally only begins with the due date of repayment. For example, if it was agreed that the amount must be repaid within 2 years, the claim would be time-barred. In that case, it would no longer matter whether you have already paid or not.

I hope I could help you and remain

Yours sincerely,
Jan Wilking, attorney