Unannounced visit from debt collection bailiff

91 posts in this topic

I really hope someone can help me.

 

This morning I had a court baliff arrive at my door. She asked for my boyfriend who lives here with me and I told her he was at work (he was). She said she'd written to say she was coming today and was asking for 5,000€. She said she was coming in to my home to find anything of value to sell to repay the debt (good luck). I told her she was not coming in and that I did not understand German very well (this is the truth). 

1. She did not give any identification

2. She showed me no court letter

3. She left no contact details.

4. She said she would come back

5. She said my boyfriend would be put in jail.

 

We have not recieved any letter from either courts or debt collectors and he has lived here nearly 3 years.

 

She said it was to do with courts in Bavaria but left no information about the debt or courts. My boyfriend lived in Bavaria for 15 years but left and moved back to the uk about 15 years ago.

 

She asked for my personal information amd I refused to give it. She then very angrily said I could shut my door.

 

I have no idea what my rights are here in Germany.  What can or can't a baliff do? I speak little German and have mental health problems (in uk I am classed as a vulnerable adult). I also have 2 children and I don't want them scared or their possessions taken. We are in a very bad situation financially and are moving back to the uk soon.

 

Thank you for reading 

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Without a letter and ID, she could be any scammer off the street.  The courts definitely send a letter and tell you when they are coming.  Is it possible that your boyfriend got the letter and didn't tell you?  Have you asked him if he knew about this debt?  Did she state his name?  Maybe she had the wrong person / wrong address.

 

As far as I know, the bailiff can take property unless you can prove it's yours and not your boyfriends.  If they don't find anything of value, they will simply make a note of that and leave.  I don't think your kids toys will put much of a dent in a 5000€ debt unless they've got some really good stuff.  They could take a gaming system or a computer if they believe it is your boyfriends.

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I don’t have a lot of help for you, but I do know how you’re feeling just now, this happened to me some years ago and it’s awful.  The first thing I would do is have a long hard talk with your boyfriend, is it possible he left some debts in Bavaria?  These bailiffs are usually sent by the court when a bill is left unpaid and, in my experience, they’re often right, but not always.  They should have some ID to show you, if they don't have one, then you're right not to let them in. 

Did she ask for your boyfriend by name? You need to talk to him and try to figure out what this is about. 

Try to stay calm, but I know that’s easier said than done.

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24 minutes ago, LeonG said:

The courts definitely send a letter and tell you when they are coming.  Is it possible that your boyfriend got the letter and didn't tell you?  Have you asked him if he knew about this debt?  Did she state his name?

My bf said that we have not recieved any letter and I do believe him because we've had a lot to deal with recently and no reason to not be honest. Plus it's usually me here alone when post arrives. He thinks it could be to do with child maintenance from 15/+ years ago but not certain. I can't remember what name she asked for, I've got flu and was stood there a bit dazed with my nose bleeding so wasn't all there 😖🤧

 

"If they don't find anything of value, they will simply make a note of that and leave.  I don't think your kids toys will put much of a dent in a 5000€ debt unless they've got some really good stuff"

 

To be honest, I should have just let her in. We really haven't got anything of worth - tvs and laptops well over 10 years old. No expensive jewellery or money lying around. Kids don't have anything expensive - couple of cheaper price tablets from their Dad, a nice bike 3 years old, nothing else bought for over 30euro. 

 

What happens if they can see we have nothing of value to repay the debt?

 

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I know a lot about baliffs permission and law in the uk because I used to help people, but here I have no clue.

 

1. How can the baliff gain accessthrough open doors, windows, if door answered? 

2. Can they take children items?

3. Can they take cars (12 year old Ford Ka for boyfriends work)?

4. Can they freeze or take money direct from a bank account?

5. Can they break in with a locksmith?

6. Can they take pcs or laptops or tablets that have personal and security information on?

 

Thanks!

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11 minutes ago, Deutschland Debs said:

What happens if they can see we have nothing of value to repay the debt?

 

you claim that you don't have a debt. 

 

Why are you resigned to giving up your stuff if you are convinced this was either a mistake or a scam?

 

no, you should not have let her in after she didn't provide ID.  It's good you didn't let her in.  This sounds so shady.

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11 minutes ago, lisa13 said:

 

you claim that you don't have a debt. 

 

Why are you resigned to giving up your stuff if you are convinced this was either a mistake or a scam?

 

no, you should not have let her in after she didn't provide ID.  It's good you didn't let her in.  This sounds so shady.

Hi Lisa,

I've not claimed I don't have any debts. I do but I haven't ignored any letters from debt collectors or courts. In my post above I said that my boyfriend suggested it could be from a child maintenance issue from many years ago when he was unemployed, but we don't know and again we haven't recieved any letters from courts or debt collectors. 

 

My statement about letting them take stuff is a reflection of how I feel at the moment after 2 years of living in Germany and so much going wrong and generally feeling broken and like giving up. Can't get work, not enough money to learn German,  fighting with kindergeld,  finding out our health insurance was invalid in Germany and as a result now having no insurance and having to pay out thousands in medical bills. Germany has beaten me. This morning was literally kicking someone when they're already down and beaten.

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I think the best course of action is for your boyfriend to contact your local Amtsgericht to explain what happened and to find out if he actually has a Zwangsvollstreckung against him.

 

In that way he could hopefully find the Gerichtvollzieher for the case, so he can contact her/him and deal with this himself since he's the debtor and you are not married (which means you can't deal with it). 

 

Alternately he could discover there is no such demand and someone tried to scam you.

 

 

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Sounds like the b/f may have skipped paying maintenance in Bavaria?

Sorry to hear you are having some issues,  and hope that Brexit is not going to make it worse re health insurance and resident's  visa. You need to try and sort that out very quickly. Why did you not get public health coverage within 3 months of arriving in Germany? You could have got a form from NHS to cover the transfer . There are so many threads on that issue.

 

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22 minutes ago, Chocky said:

Which country is your debt from? The UK or Germany?

It's my boyfriends debt and apparently linked to a court in Bavaria.  That's all she told me.

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14 minutes ago, lisa13 said:

I think the best course of action is for your boyfriend to contact your local Amtsgericht to explain what happened and to find out if he actually has a Zwangsvollstreckung against him.

 

In that way he could hopefully find the Gerichtvollzieher for the case, so he can contact her/him and deal with this himself since he's the debtor and you are not married (which means you can't deal with it). 

 

Alternately he could discover there is no such demand and someone tried to scam you.

 

 

Thank you. After originally posting I asked him to call the court closest to where he lived in Bavaria to see if they can tell him anything.  He did and they have found something but the person who can talk to him about it isn't there right now and will get back to him.

 

I'm now trying to cover my bases in case bailiff returns before it's sorted (or not).

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18 minutes ago, lisa13 said:

I think the best course of action is for your boyfriend to contact your local Amtsgericht to explain what happened and to find out if he actually has a Zwangsvollstreckung against him.

 

In that way he could hopefully find the Gerichtvollzieher for the case, so he can contact her/him and deal with this himself since he's the debtor and you are not married (which means you can't deal with it). 

 

Alternately he could discover there is no such demand and someone tried to scam you.

 

 

Thank you. After originally posting I asked him to call the court closest to where he lived in Bavaria to see if they can tell him anything.  He did and they have found something but the person who can talk to him about it isn't there right now and will get back to him.

 

I'm now trying to cover my bases in case bailiff returns before it's sorted (or not).

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19 minutes ago, RedMidge said:

Sounds like the b/f may have skipped paying maintenance in Bavaria?

Sorry to hear you are having some issues,  and hope that Brexit is not going to make it worse re health insurance and resident's  visa. You need to try and sort that out very quickly. Why did you not get public health coverage within 3 months of arriving in Germany? You could have got a form from NHS to cover the transfer . There are so many threads on that issue.

 

I didn't have a clue about of this stuff with health insurance when I got here and not speaking German didn't help. I did speak to someone at AoK but they pretty much told me it was a waste of time trying to get help and communication with the uk on the forms and documents needed. Then my boyfriend sorted out a Global health insurance on the advice of hiw boss who'd lived here 20 years and used the same company.  

 

As far as brexit,  I'm leaving Germany as soon as I can. 

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I don't know how accurate this is, but according to this N-TV report the bailiff definitely has to show ID.

 

Quote

Als Erstes sollten sich Schuldner einen Ausweis zeigen lassen. Stellt sich heraus, dass das Gegenüber nicht Gerichtsvollzieher, sondern Mitarbeiter eines Inkassobüros ist, sollten Schuldner ihn nicht in die Wohnung lassen. "Im Gegensatz zu einem Gerichtsvollzieher haben Inkassobüro-Mitarbeiter keinerlei Befugnisse und können den Schuldner zu nichts veranlassen", betont Meeners. Ein Gerichtsvollzieher kündigt in aller Regel seinen Besuch schriftlich an. "Er kann aber auch unangemeldet kommen", so Gietmann.

Hat ein Schuldner den Gerichtsvollzieher verpasst oder will er zu einem für den Schuldner ungünstigen Zeitpunkt vorbeikommen, dann sollte der Schuldner von sich aus einen neuen Termin vereinbaren.

 

Also, it sounds like this was a debt collection firm rather than a proper bailiff.

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10 minutes ago, AlexTr said:

I don't know how accurate this is, but according to this N-TV report the bailiff definitely has to show ID.

 

 

Also, it sounds like this was a debt collection firm rather than a proper bailiff.

Possibly. She said she was a court baliff.

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