The idiot (lawyer) is sending me an letter (yesterday) with some Beschluss from Gericht, where he on his own decision,(defending some of my rights???) has made Beschwerde against bla,bla,bla - he loose the case - and the Gericht is saying - must be paid 2600€ Zwangsvollstreckung - cause I loose the case i.e. HE lose the case representing me.
But I never told him to do so or something like that. I have just called him (the lawyer) to ask what is going on with my Zeugnis that I supposed to receive since 28.02.2006.
I have never told him to go again in court and make any movements or what so ever.
Can you imagine this tone PLEASE...so cold and so official…
Herr bla, bla, ich bitte um Entschuldigung aber Sie müssen die gesamte kosten für das Zwangsvollstreckung in höhne von 2600€ bezahlen. Leider das Gericht hat nicht akzeptiert meine Beschwerde nach dem Beschluss von bla, bla, bla...
I start to laugh on telephone and I have hanged up, stuck with many questions marks over my head.
So...I think that my next address will be the county jail in DEUTCHLAND.
I will start to throw MOLOTOV cocktails on everything that is moving in front of my eyes.

PS.
I will never, ever pay that money. And I do not have money also because I am arbeitslose.
And I do not care what will happen any more. To hail with everything.

So...I think that my next address will be the county jail in DEUTCHLAND.
I will never, ever pay that money.

germans do not put people in jail because of debts because germany is a "democratic" country that recognises human rights. they say that those people are crazy and assign custodians to them; custodians rob them and lock them away in Anstalt if they refuse to pay the money

of course, you are not going to get a custodian just because you are jobless and therefore can't pay 3000 euros now ... but if you are going to insist that you "will never, ever pay that money" such a thing can happen to you, if your lawyer is right by german laws or you will not defend yourself properly

FIND someone whom you can trust and who knows german laws good enough in order to be able to analyse your case thoroughly. because lawyers will rob you and get you in Anstalt if you don't know the rules of the game


P.S. if you scanned everything you received from courts of law (that means every single message you received from courts of law) and posted the corresponding links here, i could advise you something. but without knowing your case it's not possible to advise anything, and from your explanations it's only possible to conclude that some shit happenned.

I like that!



Für den "Umgang mit der Presse" kann ein besonderer Betreuer erforderlich werden, wenn es gerade um betreuungsrelevante Umstände in der Berichterstattung geht (Jürgens, Betreuungsrecht, 3 Aufl., Rn 24 zu §1896 BG.



Im vorliegenden Fall gibt der Betroffene gerade seinem Betreuer die Schuld daran, dass er ein "Martyrium" erleiden müsste und dass seine ausreichende Pflege nicht gewährleistet sei.
...
Die Abbildungen des Betroffenen in dem Bericht der Illustrierten "N." (Bl. 398 d.A.) sind grundsätzlich geeignet, den Betroffenen in seinem allgemeinen Persönlichkeitsrecht und in seiner Würde zu verletzen. Auch in Not befindliche Personen würden unter Umständen, wenn sie gesund sind und einen entsprechenden Willen artikulieren könnten, einer derartigen Darstellung aus Schamgefühl widersprechen.
...
Der nach den nicht zu beanstandenden tatsächlichen Feststellungen des Landgerichts im vorliegenden Fall notwendige Betreuer mit dem Aufgabengebiet "Umgang mit der Presse" muss eine Persönlichkeit sein, die selbst durch das, was der Betroffene unter Umständen der Presse mitteilen will, nicht tangiert wird und die deshalb die Entscheidung, ob der Betroffene sich im konkreten Einzelfall aus freiem Willen an die Presse wendet oder er aufgrund seiner Erkrankung zum Spielball anderer Interessen wird, ohne Rücksichtnahme auf Eigeninteressen fällen kann.

- OLG Köln, Beschluss v. 29.09.2000 - 16 Wx 96/00 - FamRZ 2001, 872



Max? It seems that Germany likes people who fight and not just complain and ask for help ;)

There is something strange in your story.
I believe one has to sign a statement that the lawyer A will represent me in bla bla bla case.

I don't understand how your lawyer could represent you even if you didn't want him to do so.

hemmm, did you sign something that you didn't carefully read? if it isn't, then you haven't to pay the 2600.

@ -
Hm… seems interesting. Can you change it this to happen to all of us?

@VP
Yes it is strange – I have believe also as you do believe.
I do not understand also – how he was representing me further because I have not told him so.
Finally you right! – I have not read it careful – LAWER!
But VP – this is only my story I sheared it just someone to read it.

Dear Max,

I followed your story from the beginning and I don't share some of your view.
I hate to say this, but you have to learn from your experience.
so good luck.

@VP
I am, I am, dear VP, but I did not wanted to lost my soul.I guess mind and heart do not go togeather always...

Hm… seems interesting. Can you change it this to happen to all of us?

you mean getting a custodian? sure it can happen to everybody but the risk is not so great when you know the rules of the game and fight for your rights instead of just complaining and waiting for others to do something about that

in your case you had to revoke a warrant of attorney you gave your lawyer if you didn't want him to represent you further in courts of law (you could revoke it partially as well - for example, for one particular case). if you didn't, your lawyer had a right to do everything that is written in a warrant of attorney, and you have to pay for that

if your lawyer did something that wasn't written in a warrant of attorney or he made some big mistake representing you, you can make him pay for that, although in order to do that you need to be able to defend yourself and fight when it is necessary



writing something like what you have posted in the forum now can only lead to one thing: Betreuungsverfahren, Psychiatrie and Betreuerbestellung, and it won't matter if you are not crazy. because you don't ask for any advice actually, nor can anybody give you any advice based on what you have written. you didn't describe the situation clearly enough for anyone to be able to understand what has really happenned. you just presented yourself as a victim who was abused by a bad lawyer (Privatperson) and can't do anything about that. what german court of law would think about posts like that, i wrote above - that case is similar to yours because internet forum is a mass communication media as well. and it won't matter if your lawyer is a bad guy and is completely wrong. german court of law would still give you a custodian and abide him to represent you vs. your lawyer and to make sure that you don't post anything like that again.

@max,

why don't you ask the lawyer that how could he file a case without your consent. What does he say?

secondly, i beleive, the contract you signed is normally for your case. and maybe it also says that you have given him the permission to handle your case. this means he would do all that is right. now he is not going to ask you for each small things. something similar happened to me also. funny part is i had not even signed the contract with lawyer and he got proactive in my case. which in my view would have worsen the sitution, so i said let me handle it myself.

anyways, i would say that dont loose your mind and try to be careful. ask lawyer, that he should have informed you of the consequences of filing a case, beforehand. i mean about the cost of losing the case case.

and do all the communication through mail. Always send your self a bcc, so as to keep a kopy of all mails that u send him.

i dont have much to help you, as i know that your case is quite complicated but i am sure you will get out of it. if you are on the right then dont get panic, fight the situations - it is of no worth getting didappointed

my impressions of lawyers and doctors here is that most of them are not properly aware of what they are practicing. sometimes you have to take charge

I call the lawyer and ask what is going on with my late Zeugnis that I had to receive with the conclusion of the court process at 28.02.2006
On the decision from the court was/is written that if the ex Arbeitgeber did not issue Zeugnis till 15.03.2006 he has to pay 1000€ penalty and 150€ deduction penalty for each day till the end issue.
The day after I receive per post the Zeugnis from the lawyer (my lawyer) that he has as a copy received from the lawyer of the ex Arbeitgeber.
In mean time he has make (my lawyer) a complain to the court that I have not receive the Zeugnis direct from the ex Arbeitgeber.
For that I have not give any authorisation and I have told him that I do not want to have any other court story or problems.
I think that he has misuse the first authorisation and saw the chance to get those 1000€ and another 150€ each day as penalty.
He / I loose it with decision and explanation from the court that I HAVE RECEIVE ALREADY THE ZEUGNISS PER POST i.e. it has been sent to me and the looser has to pay 2600€ Zwangsvollstreckung.
He has make another compliment to the supreme court against the last one - informing me that it is all for my good and in my use, and unfortunately I have to pay those 2600€ Zwangsvollstreckung.
But as I said - I did not wanted all of this mess.
I just ask what has happened with the Zeugnis and did not told him that he has to go on court again and make movements for my good and in my use.
So – this is it.
Same was with the story fort the flat.
There I got the conclusion from the court that I have to receive back the money from the Heizung of 1800€ back and 150€ penalty for getting asthma of moistures rooms and pills.
He made complain that the 150€ is too bad and not right and loose the all process.
I have not told him also to make any complain against it!
The court refuse the complain and told that I HAVE TO PAY YET 150 € penalty, the court costs and never see those 1800€.
Sure I have paid 150 € penalty and 250 € lawyer costs for loosing the process.
All this complain movements from him where explain to me as – for my good and my use and my right.

Ah yes.
I have contact with him over phone and also per post.
Unfortunately I am moving from town to town each month or having job, or searching job or … as I am searching new job now and from Hanover (only 3 months living) I have to move to another town – Goad knows where….
From the all problems with this courts and movements and other things I got bad and got heart attack.
It has happened at job time and with urgent medical help I was transferred to the main hospital.
After week I got Kündigung exactly two days before I wanted to make my NE – AGAIN!
I have not pass the Probezeit with explanation that I am not good for the company cause of my health and because I was in Probezeit they had right to give me Kündigung without any explanation at all.
Everyone has use – abuse my situation and the time.
I even beg the last Arbeitgeber to give me just 7 days – 7 days more time till finally I get my NE and finish all.
She has just said to me: Tut mit leid, wir brauchen keine Leute die Gesundheit Problemen haben. Alles mit dir Herr bla, bla, kommt als zeit verbrauchen für gar nichts. Sie sind schult weil sie haben uns nichts gesagt das sie Problemen mit herz haben.
So how could I new that I will get sick.

and the looser has to pay 2600€ Zwangsvollstreckung.

Now i don't understand anything. Judges don't decide anything about amount of court fees, they decide about value of a claim and who has to pay court fees. Nor are those judges involved in execution of their decision (Zwangsvollstreckung).

And i don't understand as well how it could come to such huge court fees. Unless your lawyer claimed that you must get 1000 euros AND 150 euros for each day as penalty (1000 + 150 x 365 x 3 = 165250 ). DO YOU UNDERSTAND HOW MUCH MONEY YOUR LAWYER WILL REQUIRE FOR HIS SERVICES WITH SUCH VALUE OF A CLAIM?

Can you scan decision of court of law so that we can read it?

The court refuse the complain and told that I HAVE TO PAY YET 150 € penalty

Don't understand anything here as well. Why do you have to pay any penalty?

Can you scan this decision as well?

bzw. i don't understand as well why it should make any difference that you received your Zeugnis from your lawyer and not directly from your employer. and if i were an employer that just received an invoice from his lawyer because of such kind of a claim, i would think about possibility of suing some people wg. Unterschlagung ;)

@-
I will scan and send a copy to your email.

thanks for scans. i sent you my answer.

if you posted contents of those scans here in the very beginning, people would be able to understand your case much better and give you some advices. in particular they would be able to tell you:
- that court of law didn't decide that you have to pay 2600 euros;
- that your lawyer didn't claim that your employer has to pay you money because you received your Zeugnis from him and not from your employer directly.

that is the (big) problem of Max.

He is always telling half (at the best) of the true. Normally he avoids to name his part of responsability in the situations.

Don't blame the employer for cancelling your contract after seeing your health problems.

That was "normal", it is simply real life.

I don't believe that a lawyer who helped to win the first court process now is is trying to break you out. Without seeing the scanned letter I would bet that you (again) did somehow a big mistake.

He is always telling half (at the best) of the true. Normally he avoids to name his part of responsability in the situations.

I have got an impression that max gets very emotional and makes decisions before he understands what has really happenned. It is understandable considering all problems he already had here; this should change when he will learn more about life in Germany and when his situation will become more clear and stable (for example, when he will get NE)

Don't blame the employer for cancelling your contract after seeing your health problems.

That was "normal", it is simply real life.

True, they all would do the same thing.

It's kinda bad luck and consequences of lots of stress situations he had. He should blame people who are responsible for those stress situations

You are all right.
I guess I am really knocked and that’s why I am writing nonsense.
Sorry.

hi max,

my piece of advice:

there are things in this world which can be changed and if it can be changed, then only you can change it and no one else, and there are things that cannot be changed and no one can change it.

people on this forum can try to advice you but you are the person who has to handle your situations. some advices can be useful and some can be demotivating but you have to go on....

in your case, try to see where you are going wrong or what else can be done to put things in order. if things are not in shape then something has to be changed. take your decisions. if nothing changes, change your attitude, change your view towards life, start fresh!!!

don't despair - have faith - things will change for better

best wishes

and there are things that cannot be changed and no one can change it.

everything can be changed in this world. you just have to find a right way; if you didn't find it, it doesn't mean that the way does not exist

i think its not important here in this topic to comment or argue on the philosophy of changing or not changing the things.

"everything can be changed in this world"?
Can you change a dog into a cat? :-)

"you just have to find a right way; if you didn't find it, it doesn't mean that the way does not exist"
Obviously, max must be putting his best efforts to find the right way.

Situations has to be handled and solutions has to be worked out. This is what is in max case. He has to take the best decissions depending of his family and situations. He should try his best for his case but should opt for a smart exit before perishing.

Can you change a dog into a cat?

currently not but that still doesn't mean that such a thing is not possible at all ;)

Ha,ha,ha,ha....