Ask a lawyer on the topic of Other questions to lawyers

Payment reminder

November 3, 2009 | 25,00 EUR | answered by Steffan Schwerin

Hello,

I had sued a doctor for damages in 2004. After several exchanges of letters, my lawyer advised me to withdraw the complaint as we had no chance of winning. The last letter I received from my lawyer was in February 2006, in which she asked me to apply for legal aid and provide proof of income. At that time, I was on parental leave. I brought her the documents and I believe I also signed the application for legal aid (my husband can also remember, as he was present), it's been a long time.... :-) Now, about 3 weeks ago, I received a payment order. However, it was from a lawyer representing my former lawyer, who has moved abroad. My question is: to what extent is the payment order legally binding? Do I have to pay even though I have not received a single bill from the law firm? I did not object to the payment order because I wanted to resolve it out of court, but we cannot come to an agreement.

Sincerely,

Rajvinder Sohal

Steffan Schwerin

Dear Questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your input, as follows:

An objection must be filed against the payment order within 2 weeks. Otherwise, the opposing party can now apply for an enforcement order and then enforce the claim against you.

An objection can also be lodged against the enforcement order within 2 weeks of its delivery.

Therefore, if the deadline for objection to the payment order has passed, you should wait for the enforcement order and then object to it.

In your reasoning, you must explain that no invoice was ever received and that the lawyer should bill for legal aid. These objections must be raised urgently.

However, in the future, you should not leave a court payment order unanswered. You should have objected to the payment order. The payment order is also not legally binding.

So, wait for the enforcement order and respond accordingly.

I would like to point out that this platform cannot replace comprehensive and personal legal advice. The sole purpose is to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation may lead to a completely different legal assessment.

I hope I have given you an initial overview and that my explanations are helpful to you. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am available for legal representation. The initial consultation fee you have paid would be fully credited towards your case.

A long distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel.: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de