Missed deadline for reminder procedure
December 15, 2010 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My daughter received a contract from Base unsolicited and did not react to it. Then invoices and reminders etc. came. I told her to wait for the reminder procedure and then file an objection.
Now she has missed the deadline in the reminder procedure.
The delivery still went to her old address at her mother's, who was on vacation. She had sent mail to her new address, but did not request a change of address.
Now the question is whether it still makes sense to object to the enforcement or whether it is better to pay. It is now about 300 euros.
Kind regards
Dear inquirer,
Thank you for your inquiry. I would like to answer as follows:
As you have correctly noted, there is the possibility to file an objection against the enforcement order within two weeks of delivery. If no objection is filed, the enforcement order would become legally binding and enforcement by a bailiff could be expected.
Whether filing an objection makes sense depends on whether your daughter can effectively defend herself.
Without knowing the full details, especially the correspondence, this question cannot be conclusively answered in a remote initial consultation. However, if it was indeed the case that your daughter received something unsolicited and did not respond, an objection should definitely be filed.
Mere receipt of something does not create a contract. Your daughter would have had to enter into a contract, meaning she would have had to sign something. If this did not happen, the legal pursuit has a chance of success. It is not your daughter's burden to prove she did not enter into a contract, but rather the other party's burden to prove an effective contract with your daughter.
At least according to your description, this does not seem to be the case.
I hope this provides you with some initial legal guidance and wish you much success and all the best!
I would like to finally draw your attention to the following:
The legal advice I have given is based solely on the information provided by you. My response is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful. Feel free to contact me via my email address or the follow-up option.
I wish you a pleasant Wednesday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law
Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax. 0471/140244
