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Question
I immigrated from Germany in 1999. At that time I had an outstanding business loan for approximately 130,000.00. We have been making monthly payments towards this debt from my Mother's account in Germany; however, I can no longer afford to do so. I have received American citizenship as has my Mother. We have property here in the US and I am engaged to be married.

I want to know if the old German debt can be attached, in any way, to either my property, my mother's property, her German Account (if the draft is halted), or my future wife's property?

Answer
Hello,

as you have been making regular payments until now, you'd have a hard time arguing that the statute of limitations has expired on the debt. With each payment, you would be deemed to have acknowledged the existence of the debt ( 212 I no. 2 BGB).

The creditor therefore could seek an enforceable court order against you either directly in the US or in Germany with subsequent recognition of this German court order in the US. It could then be enforced against anything that you own and earn, including your property.

Your mother and your spouse however are not liable for your debt.

Andreas Moser
www.moser-law.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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