Sequence of events in a Mahnverfahren

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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.

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Finding a lawyer who is willing to agree with your opinion is relatively easy. Finding one who is willing to pick up your expenses for having followed their consequential advice is the real challenge in life.

 

Since you seem to have more faith in the 'rightness' of your position and more time and interest in this matter than most of us on TT I suggest you invest some of that time in researching the TT forum archives.

 

Hint: the topic has been covered in detail scores, if not hundreds, of times before.

 

 

 

 

and obviously you shouldn't overlook the dedicated TT Wiki subject on

Reminders, court orders, writs

 

HTH

2B

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2 hours ago, generalmartok said:


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 know this isn't exactly what you are asking but to me it's quite simple. Either B lets the matter slide or she doesn't. Her course of action will depend on variables like the amount at stake, the ease with which she feels she can find another buyer, how pissed off she's at you for reneging on your commitment, and whatever else I can't think of right now.

 

Judging simply by its cover, B is the right and you are in the wrong, so if B wants to get nasty, it looks like she can really make it very difficult for you to squiggle out of this one.

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@2B_orNot2B Once again, thank you for the detailed response and for the links. I will keep reading.

 

@Smaug Normally, you would be right. At the face value of things, agreeing to something and then renegging would make me an ass. In this case, I let the matter go and came to terms with my bad decision. But after almost a year, events transpired that pushed me over the edge and made me want to stick it to him. This is not about trying to wiggle out of paying, even if it looks like that. This is me trying to stand up for my rights and not let B and his wife with whom I was really good friends, walk all over me and treat me like that. They treat everyone like that. There was another incident when I was friends with them. They paid to reserve a puppy that was too young to be adopted. Then they bought another puppy and then tried to get their money back for the first puppy that they reserved from an elderly woman. When the lady refused, they sued. On the their sworn statements, they had made up several "alternate facts". Mrs. B was proud of having made use of her trust fund money to buy foreclosed homes in the states after the collapse of the markets in 2008. She also boasted to me once about how she lied to the airline clerk about how she was cheated on by her husband and cried non stop till she was upgraded for free to business class. I am amazed at how I was still friends with these awful people.

*breathes*

If the court mandates that I am wrong and have to pay, I will. But based on my homework, I have the law on my side. It specifically says, that our contract is valid but only as long as there is no gross disparity in goods vs. payment. And that is all I want. I want to pay what is due.

Also, I am expecting B to not let the matter slide. I am just trying to understand my options.

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> But based on my homework, I have the law on my side.

 

Look, you have paid a lawyer already, how exactly do you think the participants of this forum who have less information and are responding on it for free in their spare time will provide more useful advice?

 

Do know that sometimes good layers make mistakes and people with law on their side not always win. 

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You signed a contract, stick to it. The time to negotiate the deal is long past.

Enjoy spending your money on the lawyer's fees.

 

Oh, and as ilyann said; Talk to the lawyer 'cause the forum's not listening.

Or something like that.

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On 17.5.2018, 08:47:35, generalmartok said:

But after almost a year, events transpired that pushed me over the edge and made me want to stick it to him. This is not about trying to wiggle out of paying, even if it looks like that. This is me trying to stand up for my rights and not let B and his wife with whom I was really good friends, walk all over me and treat me like that. They treat everyone like that. There was another incident when I was friends with them. They paid to reserve a puppy that was too young to be adopted. Then they bought another puppy and then tried to get their money back for the first puppy that they reserved from an elderly woman. When the lady refused, they sued. On the their sworn statements, they had made up several "alternate facts". Mrs. B was proud of having made use of her trust fund money to buy foreclosed homes in the states after the collapse of the markets in 2008. She also boasted to me once about how she lied to the airline clerk about how she was cheated on by her husband and cried non stop till she was upgraded for free to business class. I am amazed at how I was still friends with these awful people.

 

So they are not nice people and you aren't friends anymore and this is why you feel the contract should be invalid?  I'm not sure that will work legally.  But of course you will be able to find a lawyer who agrees with you as long as you are paying.

 

I did a similar deal with friends, bought a lot of their stuff when they were moving at high prices but unlike you, I realized I was overpaying and I didn't have a problem with it because at the time, they needed the money.  

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On 5/19/2018, 6:20:12, LeonG said:

 

So they are not nice people and you aren't friends anymore and this is why you feel the contract should be invalid?  I'm not sure that will work legally.  But of course you will be able to find a lawyer who agrees with you as long as you are paying.

At this point, I am not going for invalidating the contract rather a decision on the applicability of this particular piece of legislation. Specifically, the paragraph 2, 2nd sentence. It says such contracts are okay, as long as there isn't a noticeable disparity between price and value. In addition to the lawyer I met with, I saw several such cases online. And there has already been a BGH ruling from 1996 with the application of this legislation. I just want to pay what is fair.

On 5/19/2018, 6:20:12, LeonG said:

 

I did a similar deal with friends, bought a lot of their stuff when they were moving at high prices but unlike you, I realized I was overpaying and I didn't have a problem with it because at the time, they needed the money.  

I appreciate you sharing your experiences. But I do not know the details of your circumstances. In my case, I have a good job but too many commitments and hence quite limited means. I know for a fact that they do not need the money. They are both quite well off and Mrs. B has a trust fund. I neither have a trust fund, nor a rich daddy. To some of you, it might look like I'm being a d***. But I haven't shared the full details of the extent of my friendship with the two of them. I am tired of being treated that way and manipulated by them. This is just me standing up for myself. If the court decides against me, I will suck it up and pay up.

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1 hour ago, generalmartok said:

I know for a fact that they do not need the money. They are both quite well off and Mrs. B has a trust fund.

 

This has noting to do with anything. Sounds like the attitude of a shoplifter.

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21 minutes ago, fraufruit said:

 

This has noting to do with anything. Sounds like the attitude of a shoplifter.

I said that solely in response to LeonG's comment about his experience with his friends. I am not suggesting anything is due to me or justified based on their financial status.

A shoplifter breaks the law. Anyway, you are entitled to your opinion and are free to judge me.

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On 5/18/2018, 11:38:03, ilyann said:

> But based on my homework, I have the law on my side.

 

Look, you have paid a lawyer already, how exactly do you think the participants of this forum who have less information and are responding on it for free in their spare time will provide more useful advice?

 

Do know that sometimes good layers make mistakes and people with law on their side not always win. 

I agree, I started this thread to understand how the timeline in a Mahnverfahren looks like, from those who might possibly have experienced it. @2B_orNot2B has been helpful in linking other threads. I will check them out.

On 5/19/2018, 6:36:19, Malt-Teaser said:

You signed a contract, stick to it. The time to negotiate the deal is long past.

Enjoy spending your money on the lawyer's fees.

 

Oh, and as ilyann said; Talk to the lawyer 'cause the forum's not listening.

Or something like that.

Thank you. You have a good afternoon.

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30 minutes ago, generalmartok said:

Anyway, you are entitled to your opinion and are free to judge me.

 

Oh Sweetie, you'll know when I'm judging. That was just my opinion.

B)

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1 minute ago, fraufruit said:

 

Oh Sweetie, you'll know when I'm judging. That was just my opinion.

B)

No offense intended.

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