Statute of limitations for private claims
August 13, 2009 | 20,00 EUR | answered by - removed - - removed -
To answer your question, Mr. Boris Linke, you are right in one point. The work was done for both back then. It was not a gift or a loan, but he wanted to pay for everything. However, it didn't happen because my ex-brother-in-law threw them out before with three children and insulted them. My father wants to be paid for the work he did because my ex-brother-in-law doesn't deserve it. Therefore, the demand for my father's work. He would have had to pay a craftsman as well, which would have been even more expensive. He can be satisfied with this amount.
We will definitely demand the money.
Dear questioner,
I would like to point out that based on the information provided in your initial inquiry, it could not be definitively determined whether the claim existed at all. If you now say that it was clearly agreed that your ex-brother-in-law should repay the money for the repair work, then there is likely no objection to the claim in principle.
However, I would like to emphasize that in the event of a legal dispute regarding the claim, your father must prove this agreement. In addition, the general limitation period of 3 years applies. Therefore, if your father's claim was already due after the completion of the renovation work in 2001, it is likely that the limitation period has expired in the meantime. This would be the case unless there were other reasons for suspension, such as negotiations regarding the claim. The limitation period would then prevent the enforcement of the claim if your ex-brother-in-law invokes it.
Therefore, I can only advise you to seek legal assistance on-site before asserting the claim, in order to assess the proof of the claim and a possible limitation defense accurately. This cannot be fully addressed in an initial consultation via the internet.
Yours sincerely,
Boris Linke, Attorney
