Music school wants to transfer debt from mother to daughter.
August 18, 2009 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
Two weeks ago, I received a letter from a law firm threatening me with forced execution.
I have never heard of this law firm before.
It concerns a music school that I attended in 1996 when I was 14 years old, and apparently my mother did not pay at that time. This has now dragged on until now. Since they did not receive any money from my mother, they are now trying to collect it from me.
My questions are now:
Is it legal to sue a minor (16 years old at the time) for default judgment and cost determination from 1998? The contracting party was my mother at that time.
I also do not understand why I did not receive a letter before and was immediately threatened with forced execution. Shouldn't the law firm send a letter beforehand to draw attention to the issue and find a solution together?
I have now agreed to a payment plan and suddenly there are more costs that I am supposed to pay. Shouldn't the law firm list all costs upfront and not add more when I agree?
I do not understand the whole situation. Is it really so easy to transfer the costs from the mother to the daughter without informing the daughter?
What can I do now?
Yours sincerely,
Dear advice seeker,
Thank you for your inquiry!
I would like to address your questions as follows, taking into account the information you provided and your dedication:
1.) Is it lawful to sue a person who was a minor at the time (16 years old) for a default judgment and a cost determination decision from 1998?
Without knowing the complete facts and especially the content of the lawyer's letter and the default judgment, it is difficult to make a definitive prognosis.
In general, you cannot be held liable for a contract that your mother entered into.
I strongly suspect that the contract was in your name and that your mother (perhaps accidentally) entered into the contract on your behalf. In this case, your mother would have acted as your representative without authority, making her liable to you for damages under § 179 of the German Civil Code.
In that case, you would have become a party to the contract and could have been sued, so in theory, a default judgment could have been issued.
2.) Shouldn't the law firm have sent a letter beforehand to make you aware of the situation and find a solution together?
While that would have been the friendlier approach, the law firm is not obligated to do so.
3.) Shouldn't the law firm list all the costs upfront instead of adding more after I agree?
In general, the law firm is not required to list all costs in the initial letter and claim them all at once. If costs were overlooked by the law firm, they can still be submitted later, unless the law firm explicitly stated these costs in their first letter, which I would not assume based on experience.
4.) Is it really that easy to transfer the costs from the mother to the daughter without informing the daughter? What can I do now?
If your mother became a party to the contract, the default judgment would be unjust and the enforcement title would be incorrect.
Therefore, you should first investigate (e.g. inquire at the music school) who the actual contracting party was).
You should also hire a local colleague to represent your legal interests, so they can review the situation and take the necessary steps.
I hope this provides you with some initial legal guidance and wish you success and all the best!
I would like to conclude by pointing out the following:
The legal advice I provided is based solely on the information you provided. My response is just an initial legal assessment of the situation and cannot replace a comprehensive review. 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 email or the follow-up option.
Have a pleasant Tuesday evening!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
