private claim when does it expire?
August 11, 2009 | 20,00 EUR | answered by - removed - - removed -
When does a private monetary claim expire? After the separation from his daughter and her husband, my father receives a larger sum of money back. Can we involve a debt collection agency?
Hope for a prompt reply
Best regards
Uschi Schäfer
Dear seeker of advice,
Thank you for your inquiry on this internet platform.
Unfortunately, in your inquiry you do not specify the legal basis on which your father is asserting his private monetary claim. This is crucial for the statute of limitations. Therefore, please inform me of this when you follow up.
In most cases, the regular statute of limitations of 3 years applies according to § 195 BGB. This period starts at the end of the year in which the claim for the debt arose. For example, if your father granted a loan and agreed that the amount would be due for repayment in case of a separation or if he effectively terminated the loan after the separation, then the statute of limitations would start at the end of the year, on December 31st.
Usually, you can also enforce the claim through a debt collection agency. However, you should only consider this option if you have unsuccessfully tried to assert the claim yourself. Rushed assignments may not always be reimbursed, as the assignment may not have been necessary.
If the statute of limitations has not yet expired, it is also recommended to assert the monetary claim through the judicial dunning procedure. The application for this can be created online at www.online-Mahnantrag.de, for example. The court responsible for your father depends on his place of residence and can also be found online at www.zuständiges-gericht.de. Legal representation is not necessary in this case. The advantage for you is that by submitting the dunning application and serving it to the debtor, the statute of limitations for the debt is initially suspended.
Finally, I would like to point out that my response is based solely on the situation you described, taking into account your efforts, and cannot replace personal advice or representation. Therefore, the information provided can only give you a first legal impression in your matter.
I hope I was able to assist you with this information.
Best regards,
Boris Linke, Attorney
