peachy
Jan 12 2008, 7:26 pm
A couple of months back, I sent out a Mahnbescheid for services I had provided. The Amtsgericht in Coburg said the "Stellung des gesetzlichen Vertreters" was missing. First, what does this mean? I went to the Amtsgericht in München for help, and the rep wrote in "phG" for persönliche Gesellshaft or whatever. Just today I got a letter back saying "Beim gesetlzichen Vertreter des Antragsgegners entpricht das Vertretungsverhältnis nicht der beim Antragsgegner bezeichneten Rechtsform." What does this mean? Attached is a page asking for a response to the Beanstandung. Do I just descirbe the situation? Basically I offered services as Freiberuf to a small company that has not paid up.
UrbanAngel
Jan 12 2008, 8:01 pm
Number 1 means the written opinion/position of the legal representation.
Number 2 means basically that whichever legal rep you got is not entitled to act for you legally (I think).
sarabyrd
Jan 12 2008, 10:13 pm
Are you a one-man show, or did you register a GmbH? Do you have a company registration at all? If you are a registered one-man show you should fill out the form as "Peachy Clean als Inhaber der Einzelfirma Peachy Cleaning Services" (for example), as a GmbH it would be "Peachy Cleaning Services GmbH, vertreten durch den Geschäftsführer Peachy Clean". If you do not have a company registration you are claiming in your own name and do not need a Stellung des gesetzlichen Vertreters at all. Then you check the box on the form Privatperson or whatever it is nowadays (my collectings days finished five years ago).
Freising
Jan 12 2008, 10:53 pm
I think it´s not about her, it´s about the "Antragsgegner" - that´s the guy or company that owes her money. So she has to name the legal form and correct name of the debtor company and their statutory agent (if that business has one)...
sarabyrd
Jan 13 2008, 2:20 pm
Sounds like you are up against a GmbH & Co. KG, a general partnership represented by a limited liability company that is in turn represented by its general manager.
Inflagranti GmbH & Co. KG vertreten durch die persönlich haftende Inflagranti Verwaltungs GmbH, diese vertreten durch den Geschäftsführer Peeping Tom
It's been a while since I filed a court order but give me a call (PM me for my phone number) and I'll try to help you once I have the complete information.
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