Davidovno

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About Davidovno

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  • Location Germany
  • Nationality UK
  1. Bad legal advice and/or court appeal after Urteil?

    Yes and No,  it seems to be a tricky issue. Yes I did have a nother traffic violation with under 40 days 6 years ago, but the fine did not come until 2017, so its maybe a few months difference short of being 5 years apart? I did ask specifically both lawyers, and told them that thie other charge was there and they had said that everything after 3 years in the Führungszeugnis will be deleted/(getilgt). Although actually there was nothing in my recent copy of the Zeugnis from May of this year anyhow - so maybe nothing to delete? I will probably try to write the Zeugniss Stelle to object as a mistake and ask if it can be removed. Here, also, it says nothing under 90 days, except for some cases for Paragraphs 180 or 182, but this was for 184 (erotic pictures) https://www.buzer.de/s1.htm?g=BZRG&a=32 However, when I spoke to another third lawyer (different from the first two) he said that maybe it's because I ordered an extended erweitertes Zeugnis. In which case it would be added since although the deletion is after 3 years, not from another register which is 5 years instead. Another problem is that according to the Zuverlässigkeitsprüfung Luftfahrt, if for example I want to finish my pilots license (segelflugzeug) after a course I took some years back I cannot have had two smaller convictions within 5 years rather than 3 (https://lbm.rlp.de/de/grossprojekte-themen/luftverkehr/zuverlaessigkeitsueberpruefung/),  But I actually asked the first lawyers if I would be ok for this otherwise I would have tried to take the last one to court (I didn't because investigation alone had already taken over 1,5 years and regarding the further costs for a court process I agreed it would be better to pay the fine but again only on the assumption nothing would be in the Zeugniss). In the current version it says I cannot be a teacher, not that I want to, but still this seems a bit ridiculous for such a case. I am also not sure why they couldn't offer the case 'Einstellung des Verfahrens gegen Geldauflage' so that I could have paid the same fee but not had the days rate? I am not worried about the money, just the black mark on the record. A fourth lawyer has suggested I first try to write the bja to dispute potentially wrong entry or have it deleted. If not, I guess an only option is to write an EU high court to appeal on freedom of expression/speech grounds, in the US at least it is often upheld for example at the supreme court level, when in reaction to something, someone makes obscene gestures or posts something, since free speech is still protected and the charges or rulings are dismissed. In this case this was actually a reaction to several insults via phone calls which were not recorded, and the photos may have been sent as a reaction or even joke, but of course the other party then made screen shots of them :/. It also seems like a frivolous lawsuit, the other person could have simply been told just to block the number in chat apps/sms/phone calls to descalate the situation rather than pressing charges, which is exactly what I had done to their numbers to not receive any more threating calls and didn't press charges against them in return.
  2. 5 year old unpaid medical bill – any risks to chasing this up?

    Almost everything is reported to Schufa I think, but not sure how long it stays. For small bills under a 100 Euros the collection letters sometimes putter out. Its mostly the bigger collections for hundreds or thousands of Euros where you risk bank freezes and court jugdments (and where you get collection letters especially those for Vollstreckung, where you have the option to say you dispute it, but then have to appear in court to challenge it). You could test your credit by trying to apply for a mobile phone with a monthly contract at a vodafone or tmobile shop - if you qualify you have good credit 'bonität' if not its probably already on your schufa. Or try to get a new bank account with a line of credit ('dispo') since its never bad to have 2 bank accounts. If you qualify your ok. If not its probably better to pay the bill with late fees and it might disappear sooner from your record. A friend paid a peek and cloppenburg bill once several months late for only 29 euros, but he didnt pay the late fees and he is still getting letters trying to collect the late fees which amount to more than the original bill ? like 60 euro? wt* ;)
  3. notified of verdict?

    Just a guess, but you might be able to write the city prosecutors office (Stadtsanwalt) whereever it took place, explaining you were the plaintiff involved and they might send you a copy of the Urteil. But would ask a lawyer, the data privacy laws are usually strict, alternatively a lawyer might be able to request Akteneinsicht (access to the case files) if he was representing you or is allowed to via signing a letter of representation
  4. 5 year old unpaid medical bill – any risks to chasing this up?

    I had two similar instances and know of one from a friend. I orginally had the old form E128? guaranteeing reciprocal care, living here as a student, way before brexit, which then qualified to use a public insurance like aok or similar, but I think this was before the Ehic cards. I once had a bill after ending AOK membership from the red cross. it chased me around for several years even after moving flats. Since Brexit I am not even sure if EHIC cards are valid here anymore. I think you if you have a residence permit you and are allowed to work you need to register with a public health care simply. Regarding old bills, unfortunately since you have to register your address each time you move with the "authorities" (something you dont have to do in the US or UK) and despite all the EU data protection laws, somehow they can get your address which seems to me a breach of privacy. Anyhow they kept sending letters for a few years which luckily stopped at one point, but I had bad credit then anyway so it might not have mattered. However its not always so lucky, even a fitness company where I said I cancelled the contract kept chasing me and even found my new address and froze my account even though I was ill, and couldn't train anymore. And on the other hand from a colleague who spent some time in the UK to study he was confronted with 6 months worth of unpaid medical insurance bills, he apparently was unable to obtain an EHIC card and fill out a form similar to E129 but I think his main mistake was not to deregister when he left Germany. So if you can somehow show proof that you were outside the country it might work, but they are stricter here and if they chase it long enough they can get a gerichtsvollzieher (collector) who can get a court order to commandeer your bank account - that is freeze it until you pay. If you have no money in the account and aren't worried about having bad credit for like 3 years you might be able to live with it, but then you can only get another bank account with no line of credit or credit card, only positive balances. Another option though is to try to get an online virtual account in a neighbor country like Holland and keep your savings there at least, since its difficult for them to find or commandeer those, but if its a German account they will probably find it and freeze it if you dont pay. In a worst case they could even garnish wages if they know where you work but they would try the bank freeze first and garnishing is probably rare havent hear of it happening tbh
  5. Anyone have information about how to complain about poor legal advice? I was told an agreement with the court to pay a 40 day (tagesatz) fine would not appear in a führungszeugnis by two lawyers with doktortitel. But it did appear - just for sending 2 erotic photos? Or how to appeal if already past deadline to file? I have heard terms mentioned by others such as wiederaufnahmeverfahren or gnadensversuch? I don't necessarily want to claim against the lawyers but elsewhere bad legal advice can be considered legal malpractice at least, not sure if a Rechstanwaltkammer for the region could help? Maybe someone can advise? :  https://www.stangerlaw.com/professional-malpractice/legal-malpractice/bad-advice/#:~:text=Based%20Law%20Firm.-,Bad%20Lawyer%20Advice%20Is%20Legal%20Malpractice,pursue%20a%20legal%20malpractice%20claim.