Legal Question in Credit and Debt Law in Germany

Hi! There is a guy that is threatening to sue me from Germany and I am in Bulgary, for 3500 euros. Can he do this easily?

I bought a website from a guy from Germany i paid the first amount we agreed and he wants extra 3500. In an email I may have made this offer to him after that.. so my questions are that is an email offer a real offer ? can it be used in court ?

Also can he sue me for this amount?


Asked on 11/30/15, 11:48 am

1 Answer from Attorneys

Henning Haarhaus Kanzlei Haarhaus

Hi! In principal, and provided that you have not agreed upon otherwise in a valid contractual choice-of-court clause in writing (Art. 17 of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters) and unless the place of delivery is in Germany (Art.5), any legal action would have to be initiated at the courts located at the debtor`s residence (Bulgaria). Any awarding judgement obtained in one EU member state can be enforced against the debtor in another EU member state according to the forementioned EU regluation which has beens made easier at the beginning of this year. So, if you ask whether your contract partner can initiate a law suit against you the answer is yes. The remaining and more important question would be where such law suit would have to filed and if your contract partner would win it. This depends on the individual case and your defence in court. If you stay inactive after legal action has been taken against you, you will probably loose.

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Answered on 12/02/15, 2:13 am


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