I need some advice in trying to imagine what is to follow and what to do next. The back story is in this thread, but I’ll summarize it here:
B and I entered into an agreement for me to purchase all of B’s furniture at a price which in spite of feeling was unfair, I agreed to. Despite my requests to B to let us talk about what is a fair price, B refused saying the matter is closed as far as B is concerned. Since I thought I had a chance to challenge the contract we signed, I decided to seek legal advice. I did all my homework, finding legal references and precedents, all email communication, and everything else relevant to my case, and then met the lawyer for a consultation. The lawyer agreed with my premise, and has advised me to discontinue payment and notify B of the same, which I have done.
I want to try and prepare for what is to come. B has legal insurance, I do not. Assuming B goes through the normal process, I assume B will first have to get a Mahnbescheid. Since the payment is supposed to be on installments, the next installment will only be due on 2nd June.
1. Since B will not be getting a payment on their account on 2nd June, within what time frame does B have to have the Mahnbescheid sent to me?
2. I found on the PandaMunich’s (thank you Panda) thread about ‘how to setup a Mahnbescheid’ that I have until 2 weeks to either pay up, or respond with a Widerspruch.
a. Am I right in assuming, that the Mahnbescheid will include instructions from the court, on how to respond to it with a “Widerspruch”?
3. Once the court receives my Widerspruch, what happens next? Does it automatically turn into a civil lawsuit, or does B then have to decide whether he wants to pursue it further?
4. If B has to initiate a civil lawsuit, is there some timeframe that he has to follow?
Thank you so much in advance.