Demand
I was obligated to pay five equal annual installments (each approximately 6000 euros) for the years 2001 to 2005, according to a transfer agreement, to my youngest brother.
However, it quickly became apparent that this brother was unable to manage the agreed sums, which is why he begged me insistently and imploringly for advance payments. I reluctantly gave in to these requests, especially in situations of immediate urgency such as bailiffs, risk of termination, and the like.
This quickly led to a mess that still causes me great annoyance to this day, after so many years.
Back then, I sent him a copy of my own detailed list at the end of the year, even though the payments were already known to him and he had initiated them himself. This list was primarily for my own use and not intended for any third parties. If there were any doubts or uncertainties, for example about the amount or timing of a payment, he could have clarified them in a timely manner.
I believed that, if I was already being dragged into his stressful affairs, I should not also have to take on accounting duties. In other words, I trusted in the principle of good faith. I help my brother as much as absolutely necessary and rely on him to either consider the matters resolved or inquire specifically. If the bills had not been paid, there would have been consequences. He could see that I had correctly responded to his wishes.
However, over time, there were varying and greatly fluctuating claims on his part. Sometimes allegedly only 800 euros were missing from the total amount, and other times supposedly three full annual installments had not been paid by me.
He, however, avoided any judicial clarification, whether by discontinuing a reminder procedure or revoking the mandate from his lawyer.
Recently, he has now found a lawyer who is demanding a commercially fully satisfying settlement with all the related documents from me. Which is practically impossible.
Could it be that, through my goodwill in the family sphere, I have gotten into an obligation to account and retain documents that was never mentioned in the transfer agreement?
Who bears the burden of proof in such a case? Do I have to prove, after this long time, that all payments were made at his request or, in specific emergencies, even without his explicit instruction? Or was it not his responsibility to also work out the accounting mess he caused?
He now brazenly claims that the documents from the years 2001 to 2005 are no longer available to him. He lost them or destroyed them or something.
I would prefer not to rely on the statute of limitations. There is no doubt in my mind that I behaved correctly and even very generously, and I would like this to be recognized. However, the final question would be: Would a court even accept a lawsuit from him, or would the lawsuit be rejected from the outset due to expiration?
I mean, it shouldn't be the case that - instead of insisting on the
