Ask a lawyer on the topic of Other questions to lawyers

Return medical device

October 16, 2009 | 25,00 EUR | answered by Andreas Scholz

Dear Sir or Madam,

In March 2004, I was provided with a therapy device (electric stimulation) by a local orthopedic practice for a 6-week home use loan. After the application (around 6 weeks later), I returned the device to the manufacturer. I no longer have a shipping confirmation.
In the fall of 2008 (!), I received a first letter from the manufacturer. The treatment period had expired and I was asked to return the device or purchase it for €285. I informally replied via fax that I had already returned the device in May 2004.
After several letters and reminders from the manufacturer, I have now received a first letter from the company's lawyer (not registered mail). Subject: Reminder + Invoice. I am requested to pay €285 for the device and €35 legal fees. A legal action is threatened.

My questions:
Do I have anything to fear here or is the matter time-barred after such a long time?
In the event of legal action: where is the jurisdiction?
Should I respond to the lawyer and contradict the representation?

Thank you and kind regards.

Andreas Scholz

Dear inquirer,

The claim for return from the lease agreement has expired, as you have actually returned the device. However, you may encounter difficulties in providing evidence, as it will be difficult for you to prove the sending. In any case, the claim has expired, as the device was loaned to you. The claim for return of the borrowed item expires after the regular limitation period of three years. The limitation period begins at the end of the lease, § 604 para. 5 BGB, in your case, no later than May 2004. Therefore, the repayment claim was already time-barred in May 2007. Therefore, you are not obligated to pay or return.

I hope this information has been helpful to you.

Best regards,

Andreas Scholz, Attorney