Assistance with Vollstreckungsbescheid in the Netherlands

Questioner

Today I received a 'vollstreckungsbescheid' from the Amtsgericht Hagen, which is being attempted to be executed at my Dutch address using Article 53 of Regulation (EU) No. 1215/2012. Brief history I have apartments in Kleve. In 2012-2013 a balcony railing was installed (value +/- 2500 euros) by an intern from the Korgel company. In 2015 (!!!) we received an invoice for this of +/-7000 euros at our NL address. A German lawyer was hired who asked what that amount was based on. No answer. At the end of 2015 I received the same bill from a Dutch debt collection agency. When I asked what the invoice was based on, I was sent an 'Angebot' from May 2012 (!!) which was clearly forged and I immediately reported this to the collection agency. No more answer. In July 2016 a Mahnbescheid must have been put in the mailbox in Kleve. However, the mailbox was forced and the letter was not found by us, not even by the agent there. However, the mailbox was bent. Another Mahnbescheid should have been delivered in August, but we could not find that either. On September 20, we replaced the bent mailbox with a new one. It was not until the end of September that we found the 2 Mahnbescheide in the new mailbox. We protested immediately at Amtsgericht Kleve but we were too late. There is a 2 week response time. We asked all the neighbors (also in writing). No one accepted the letters in July or August and then threw them in the new mailbox. Our German lawyer has done everything he could, but according to German law there is nothing that can be done about this. Now I see on the internet that there are more cases with such a Mahnbescheid in Germany or Austria where in other countries attempts are made to collect money via the above EU regulation, and where this can be successfully stopped. I am looking for help with this.

Lawyer

Good day. I have personal experience with Mahnverfahrens and if I understand your situation correctly it is as follows: A Mahnverfahren was started against you in Germany at the Amtsgericht Hagen. Because you did not defend yourself, a Vollstreckungsbescheid was issued on the Mahnbescheid. By applying an EET declaration this title is now being executed in the Netherlands. First of all, why was the case brought before the Amtsgericht Hagen and not before the Amtsgericht Kleve? You already indicate that the Vollstreckung in Germany cannot be stopped, your lawyer has already investigated that. I assume that a substantive procedure can be started against your opponent, as a counterclaim. In the Netherlands, you could start an enforcement action to stop the execution of the judgment. One reason could be that you were not summoned in the German procedure in the correct manner (i.e. in a manner that is not in accordance with the proper procedural order as we know it in the Netherlands). In order to really be able to say something sensible about this, I would have to see the documents. When you contact me, I would be happy to review the documents for you without obligation and discuss with you what would be the best course of action for you.

Lawyer

Ah, in addition to my question why Amtsgericht Hagen: did you already live in the Netherlands at that time? Then there is a big chance that proceedings should have been instituted in the Netherlands. I assume that your German lawyer has already looked into that, but everything will become clear when you and I have contact.

Lawyer

A second addition: You indicate that you received the Vollstreckungsbescheid yesterday. Have you already discussed the possibility of Einspruch with your German lawyer? This must be done within two weeks, so haste is required!

Questioner

Hello Marc Thanks for your comments! Just an answer to your questions. The Mahnbescheid apparently always runs via Hagen for the Kleve district. According to my German lawyer, there is nothing more that can be done, which is why I conclude that the execution should be protested in the Netherlands. This case already has a history, it was started in 2015 by IncassoBuro Hakort. But after I said that it was based on forgery, the other party withdrew. Now through another collection agency.

Lawyer

You are correct: The Hagen District Court only has jurisdiction over the district courts of Düsseldorf and Hamm. An objection (“Einspruch”) can be lodged against a Vollstreckungsbescheid.