Does anyone know anything about German civil court cases please? I have namechanged and am trying to keep it as anonymous as possible because DH will be furious if I have put this on a public forum but I am so worried and, as I am English with little German, I don't really know where to look.
DH has lived in England for a long time and owns a house in Germany. He lets a family member live in this house (has no interest in going home) and has given them/signed a piece of paper giving them carte blanche to do anything they like apart from sell the place. This includes taking in lodgers (large house) and this person (X) has taken in lodgers for a while with DH's knowledge.
X has recently breached the contract they drew up with lodger Y and Y is taking them to court. DH knew X was complaining about Y (unfounded, X is a difficult person) but didn't think they would do anything.
DH was sent an email on Friday, by Y, to say Y is now suing X in the civil court and has named DH on the documents. X put DH on the contract as the landlord but DH has never signed anything and did not realise X had done this until the row between X and Y started approx two weeks ago. X has always acted as the landlord and, until things became hostile, has always dealt with Y.
DH is going to call his German solicitor on Monday (same person is solicitor for X and X will also be going there on Monday) to explain he didn't know he was the landlord until two weeks ago and has never signed anything. DH did not tell X that what they were threatening to do was illegal as a) X never listens (very stubborn) and b) really didn't think X would do anything.
I am worried about the following things:
- DH will get some kind of record in Germany, which will impede his future possible employment there (we are seriously considering moving within the next couple of years)
- DH will have to spend money to travel to Germany to appear in court
- DH will have to pay the fine even though he has done nothing wrong
I am so annoyed with DH as he knows what X is like and yet did nothing and doesn't seem that bothered about it as 'X will pay any costs'.
Can anyone help please? I cannot give any more details than these as DH is a very private person. Were I not so anxious about it I would not be posting.